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HomeMy WebLinkAboutordinance.council.012-14 RECEPTION#: 611208, 06/18/2014 at 01:13:06 PM, 1 OF 4, R $26.00 Doc Code ORDINANCE ORDINANCE N0. 12 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A MINOR SUBDIVISION AMENDMENT AND AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE ARTHUR O. PFISTER SUBDIVISION LOTS 2 AND 3, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID Lot 2: 2735-113-02-002 Parcel ID Lot 3: 2735-113-02-003 WHEREAS, the Community Development Department received an application for the properties known as Lots 2 and 3, Arthur O. Pfister Subdivision Exemption, located at 511 Lazy Chair Lane; Aspen, Colorado, from owners Lazy Chair Lot 2, LLC; and, Lazy Chair Lot 3, LLC, represented by Steev Wilson of Forum Phi Architects; and, WHEREAS, the application seeks to amend the Subdivision approval granted by Pitkin County prior to annexation of the property into the City of Aspen and amend the annexation agreement with the City of Aspen, both of which set forth certain development allowances and restrictions; and, WHEREAS, the properties were annexed into the City of Aspen by the adoption of Ordinance 34, Series 1996, which ordinance accepted certain development allowances and restrictions placed on the property by Pitkin County; and WHEREAS, the properties were also subject of a Water Service Agreement with the City of Aspen (an exhibit to Ordinance 40, Series 1996) which agreement specified certain development allowances and restrictions; and, WHEREAS, pursuant to Section 26.480.090, City Council may approve minor amendments to an existing subdivision approval; and, WHEREAS, pursuant to Section 26.304, the City Council may amend the provisions of a previously adopted ordinance, specifically Ordinance No. 40, Series 1996; and, WHEREAS, the Community Development Department received referral comments from City Engineering, Building Department, Fire Protection District, Parks Department, and City Utilities as a result of the Development Review Committee meeting; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, opened a duly noticed public hearing, considered the Application, received presentation from the Applicant, considered the comments and recommendations of the Community Development Director, considered comments and recommendations from other members of City staff and referral agencies, considered comments and suggestions offered by members of the public, considered question responses by staff and the Applicant, considered comments and discussion by fellow Council members; and, WHEREAS, the Aspen City Council finds that the development proposal with certain conditions attached meets or exceeds all applicable development standards of all applicable land use reviews as identified herein; and, Ordinance No. 12, Series 2014. Page l of 4 WHEREAS, the Aspen 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, as follows: An amendment to the Arthur O. Pfister Subdivision Exemption, Lots 2 and 3, and an amendment to the development provisions of the water service agreement for the Lots are hereby approved with the following conditions of approval: Section 1: Applicability of City Development Requirements The allowances and limitations for the development of Lots 2 and 3 approved by Pitkin County and contained within City of Aspen Ordinance No. 40, Series 1996; the provisions of the water service agreement related to development allowances and limitations; the subdivision plat approved by Pitkin County and recorded at Book 42 Page 45; and, previous land use approvals granted by Pitkin County including all finding, interpretations, and amendments shall be considered voided upon recordation of the Subdivision Amendment Plat. Lots 2 and 3 shall remain subdivided lots within the City of Aspen, each with one development right, and shall allow development in accordance with the City of Aspen development allowances and limitations including, but not limited to, the City of Aspen Land Use Code, the Rural Residential (RR) zone district as may be amended from time to time or as the property may be otherwise rezoned to another district, the Urban Runoff Management Plan, and applicable building and fire codes. The provisions of the water service agreement and the City's standards and requirements pertaining to the delivery of potable water to the properties shall be unaffected by this Ordinance. Lot 2 shall be subject to an 8040 Greenline Review, pursuant to Chapter 26.435 of the City's Land Use Code as said Chapter may be amended from time to time. Lot 3 is not within the 8040 Greenline area and is not subject to this review. The developer of both lots shall work with the City of Aspen Parks Department to minimize disturbance to native vegetation and preserve groupings of the native Gambrel Oak. Section 2: Plat Filing Pursuant to Chapter 26.490 — Approval Documents, the record owners of Lots 2 and 3 shall prepare and submit a Subdivision Amendment Plat to be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and recordation. A Development Agreement is not needed. The Subdivision Amendment Plat shall grant a perpetual 30-foot wide access easement through Lot 3 for the purposes of providing adequate access to Lot 2. The easement shall be generally along the alignment of the existing driveway. The subdivision plat shall contain a note prohibiting development above the 8060-foot elevation line on Lot 2, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Ordinance No. 12, Series 2014. Page 2 of 4 The subdivision plat shall contain a note prohibiting development below the golf cart path on Lot 3, except as reasonable necessary for utility infrastructure, storm water mitigation, maintenance or restoration of native landscape, and wildfire mitigation needs. Section 3: Zoning Map Correction The Community Development Director shall cause the Official Zone District map to reflect Lots 1, 2, and 3 of the Pfister Subdivision as located in the Rural Residential (RR) Zone District without a Planned Development Overlay. The map incorrectly indicates this overlay. Section 4: Representations Preserved All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: First Amendment to the Arthur O. Pfister Fully Developed Lands Subdivision Lots 2 and 3, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. Series 2014. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the Ordinance No. 12, Series 2014. Page 3 of 4 date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• 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 8: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 9• A public hearing on the Ordinance was held on the 27th day of May, 2014, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, 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. Section 20: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12`h day of May,2014. Att AtLinda Manning,City Clerk Aeven dr on, Mayo FINALLY,adopted, passed and approved this 27th day of May, 2014. W india t:Manning,eity Clerk Steven Ska ron,Mayor Approved as to form: m�s & T Ordinance No. 12, Series 2014. Page 4 of 4 0 )4 )_0 I S� Ad Name: 10182700A LEGAL NOTICE ORDINANCE 12,2014 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#12,Series of 2014 was adopted on first reading at the City Council meeting May 12,2014. Your account number: 1013028 This ordinance,if adopted,will approve a subdivi- sion and annexation amendment for 511 Lazy Chair Lane.The public hearing on this ordinance is scheduled for May 27,2014 at 5:00 p.m.City Hall, 130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website http://www.aspenpitki n.com/D epa rtme nts/C le rk/Le- gal-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in the Aspen Times Weekly May 151h, 2014(10182700)TZ: A:P:w TIM:1 . STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under • Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions-,and that the first publication of said notice was in the issue of said newspaper dated 5/15/2014 and that the last publication of said notice was in the issue of said newspaper dated 5/15/2014. In witness whereof,I have here unto set my hand this 05/16/2014. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/16/2014. Pamela J.Schultz,Notary Public iCommission expires:November 1,2015 '(PRY P PAMELA J. SCHULTZ�4� CO�"' My Comm*n Expires 111011!015