HomeMy WebLinkAboutordinance.council.049-13 RECEPTION#: 606304, 12/0612013 at
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1 OF 3, R $21.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO. 49
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY
KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY
DESCRIBED AS LOTS 1, 2,3, 4, 5 AND 6, MOCKLIN SUBDIVISION, ACCORDING
TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE
92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION
RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59.
PARCEL ID #s:
2737-073-23-001, 2737-073-23-002, 2737-073-23-003, 2737-073-23-004, 2737-073-23-005,
2737-073-23-006
WHEREAS, the Community Development Department received an application from Charif
Souki, represented by Davis Horn Incorporated, requesting a plat amendment to the Mocklin
Subdivision, legally described as Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the
plat thereof, recorded June 14, 1996 in Plat Book 39 at page 92, and first amendment to the final
plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at page 59; and
WHEREAS, pursuant to Section 26.480.080.13, City Council may approve an Other Amendment
to a subdivision, provided that the proposed change is consistent with the approved plat; and,
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommends approval of the amendment; and
WHEREAS, City Council has reviewed and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and has
taken and considered public comment; and,
WHEREAS, during a duly noticed public hearing on December 2, 2013, the Aspen City Council
approved Ordinance No. 49, Series 2013, by a four to zero (4-0)vote; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves the Second Amendment to the Final Plat of Mocklin Subdivision,
which amends Plat Note 3 to include the following language:
Mocklin Subdivision
Ordinance #49, Series of 2013
Page 1 of 3
"Notwithstanding the foregoing paragraph, disturbance outside the designated building
envelopes for lots 1, 2, 3, 4, 5 and 6 shall be permitted for the purposes of temporary shoring
and conformance with the requirements for site drainage rules adopted by the City of Aspen.
Such disturbance shall be the minimal amount required to provide shoring and comply with the
site drainage requirements in accordance with §26.575.020.E.5.L of the Land Use Regulations.
Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant
species in accordance with a landscape plan that is approved by the City of Aspen Parks
Department. "
Section 2•
The applicant shall record a subdivision plat that meets the requirements of Land Use Code
Section 26.480 with the Pitkin County Clerk and Recorder within 180 days of approval.
Section 3•
If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4•
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 5•
A public hearing on the ordinance shall be held on the 2°d day of December, 2013, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11�' day of November, 2013.
Attest:
r
-kathryn Koch i y Clei c Steven Skadron, Vlayor
FINALLY,adopted,passed and approved this day of 2013.
Mocklin Subdivision
Ordinance #49, Series of 2013
Page 2 of 3
Attest:
I
Kathryn Koch,'
och ity Clerk Steven kadrpn, Mayor
Approved as to form:
i
/ Jim True, City Attorney
Mocklin Subdivision
Ordinance #49, Series of 2013
Page 3 of 3