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Home My WebLink Aboutordinance.council.040-14 RECEPTION#: 616734, 01/15/2015 at 09:20:27 AM, 1 of 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 40 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING MAJOR SUBDIVISION AND REZONING FOR THE PROPERTIES COMMONLY KNOWN AS 506 & 530 E. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R, AND THE WESTERLY 7.5 FEET OF LOT S, BLOCK 92, CITY AND TOWNSITE OF ASPEN, LOTS 11, 12 AND THE WESTERLY 7.5 FEET OF LOT 10, BLOCK 19, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; AND LOT 1, FIRST AMENDED PLAT OF LOT 1, PITKIN COUNTY CENTER SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 93 AT PAGE 56, COUNTY OF PITKIN, STATE OF COLORADO. Parcel IDs: 2737-073-24-004 and 2737-073-47-851 WHEREAS, the Community Development Department received an application from the Pitkin County Board of County Commissioners (Applicant), represented by Stan Clausen Associates, requesting the City Council approve Major Subdivision and Rezoning reviews for the properties commonly known as 506 & 530 E. Main Street, legally described as Lots Q, R, and the westerly 7.5 feet of Lot S, Block 92, City and To Amsite of Aspen, Lots 11, 12 and the westerly 7.5 feet of Lot 10, Block 19, East Aspen Addition to the City and Townsite of Aspen, County of Pitkin, State of Colorado; and Lot 1, First Amended Plat of Lot 1, Pitkin County Center Subdivision according to the plat recorded in Plat Book 93 at Page 56, County of Pitkin, State of Colorado; and, WHEREAS, the property at 506 E. Main Street is currently zoned Public (PUB) and the property at 530 E. Main Street is currently zoned Commercial Core (CC); and, WHEREAS, the properties are located in the Commercial Core Historic District; and, WHEREAS, the property located at 506 E. Main Street is listed on the Aspen Inventory of Historic Landmarks and Structures; and, WHEREAS, according to Section 26.480.070, Major Subdivision shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, according to Section 26.310.060, Rezoning shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, Ordinance No. 40, Series of 2014 Pitkin County Center Subdivision Page I of 3 WHEREAS, during a duly noticed public hearing on November 11, 2014, the Planning and Zoning Commission approved Resolution No.16, Series of 2014, by a five to zero (5 —0) vote, recommending the Aspen City Council approve a Major Subdivision Review and Rezoning; 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 Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on January 12, 2015, City Council approved Ordinance No. 40, Series of 2014, by a five to zero (5 - 0) vote, approving Major Subdivision and Rezoning Reviews; and, WHEREAS, City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Subdivision Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council approves Major Subdivision Review for the merger of the two lots legally described above into one to be known as "Lot 1, Pitkin County Center Subdivision", and the vacation of all right-of-way contained within said lot, with the following conditions: Easements shall be established or relocated to align with the existing utilities within the proposed property. The 20' access easement on the east side of the property shall be removed. Section 2: Plats The Applicant shall record the following two (2) plats that meet the requirements of Land Use Code Section 26.490,Approval Documents, and Municipal Code Title 29, Engineering Design Standards, within 180 days of approval by City Council: 1. . Right-of-way vacation plat (to be recorded first), describing and depicting the boundary of the vacation including bearings and dimensions with adequate ties to existing monuments to permit accurate legal definition. 2. Subdivision plat Ordinance No.40, Series of 2014 Pitkin County Center Subdivision Page 2 of 3 Section 3: Rezoning Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves Rezoning of the resultant Lct 1 of the Pitkin County Center Subdivision to Public (PUB). Section 4• 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 Planning and Zoning Commission or 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 an authorized entity. Section 5• 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 6• 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24`" day of November, 2014. Att : vwi VLV;1 Linda Manning, City C lerk Steven Sk ro , Mayor FINALLY, adopted, passed and approved this .day of OL \4MV ,2015: A es Linda Manning, City Clerk Steve"k.adron, yor Approved as to form: J,Rtfies R. True,City Attorney Ordinance No. 40, Series of 2014 Pitkin County Center Subdivision Page 3 of 3 Ad Name: 10726886A PUBLIC NOTICE RE:PITKIN COUNTY CENTER SUBDIVISION MAJOR SUBDIVISION&REZONING . - Customer: Aspen (LEGALS) City of NOTICE IS HEREBY GIVEN that a public hearing Your account number: 1013028 will be held on Monday,December 8,2014,at a i meetingto begin at 5:00 p.m.before the Aspen , City Council,Council Chambers,City Hall,130 S. Galena St.,Aspen,to consider an application sub- miffed by the Pitkin County Board of County Com- PROOF OF PUBLICATION missioners(530 E.Main Street,3rd Floor,Aspen, CO 81611),represented by Stan Clauson Associ- ates,for the properties located at 506 and 530 E. Main Street.The applicant is requesting Major Subdivision and Rezoning reviews to merge the two lots into one,vacate a portion of right-of-way, and rezone the entire new lot to Public.The prop- erties are legally described as: T21 A:P:w TIM:1 530 E.Main Street-Lots O,R,and the westerly 7.5 feet of Lot S,Block 92,City and Townsite of Aspen,Lots 11,12 and the westerly 7.5 feet of Lot STATE OF COLORADO, t 10,Block 19,East Aspen Addition to the City and Townsite of Aspen,County of Pitkin,State of Colo- COUNTY OF PITKIN rado.Parcel ID 2737-073-24-004. 506 E.Main Street-Lot 1,First Amended Plat of - ` Lot 1,Pitkin County Center Subdivision according to the plat recorded in Plat Book 93 at Page 56, 1, g Mor lm an, do solemnly swear that I am General County of Pitkin,State of Colorado.Parcel ID J 2737-073-47-851. Manager of the ASPEN_TIMES WEEKLY, that For further information,contact Justin Barker at the City of Aspen Community Development Depart- the same weekly newspaper printed, in whole or in ment, 130 S.Galena St.,Aspen,CO,(970) part and published in the County of Pitkin, State of 428 2797'Iustin.barker@cityofaspen.com. s/Steven Skadron Colorado, and has a general circulation therein; that Aspen city Council said newspaper has been published continuously and Published in the Aspen Times on November 20, 2014.(10726886) 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 11/20/2014 and that the last publication of said notice was in the issue of said newspaper dated 11/20/2014. In witness whereof,I have here unto set my hand this 11/24/2014. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 11/24/2014. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 O�p.Ry Pve`/� PAMELA J. SCHULTZ�P� COI ' Icy CerIIm14510t1 Expires 1110112015 Ad Name: 10810190A PUBLIC NOTICE RE:PITKIN COUNTY CENTER SUBDIVISION- Customer: Aspen (LEGALS) City of MAJOR SUBDIVISION&REZONING NOTICE IS HEREBY GIVEN that a public hearing .Your account number: 1013028 will be held on Monday,January 12,2015,at a meetingto begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S. Galena St.,Aspen,to consider an application sub- PROOF OF PUBLICATION milted by the Pitkin County Board of County Com- missioners(530 E.Main Street,3rd Floor,Aspen, CO 81611),represented by Stan Clauson Associ- ates,for the properties located at 506 and 530 E. Main Street.The applicant is requesting Major Subdivision and Rezoning reviews to merge the T31two lots into one,vacate a portion of.right-of-way, and rezone the entire new lot to Public.The prop- \ edies are legally described as:Airls TIME: - 530 E.Main Street-Lots Q,R,and the westerly 7.5 feet of Lot S,Block 92,City and Townsite of Aspen,Lots 11,12 and the westerly 7.5 feet of Lot STATE OF COLORADO, 10,Block 19,East Aspen Addition to the City and Townsite of Aspen,County of Pitkin,State of Colo- COUNTY OF PITKIN rado.Parcel ID 2737-073-24-004. 506 E.Main Street-Lot 1,First Amended Plat of Lot 1,Pitkin County Center Subdivision according to the plat recorded in Plat Book 93 at Page 56, 1, Samantha Johnston,ohnston, do solemnly Swear that I am County of Pitkin,State of Colorado.Parcel ID 2737-073-47-851. General Manager of theASPEN TIMES WEEKLY, For further information,contact Justin Barker at the City of Aspen Community Development Depart- that the same weekly newspaper printed,in whole or ment, 130 S.Galena St.,Aspen,CO, (970) 429.2797,justin.barker®cityofaspen.com. , in part and published in the County of Pitkin,State of s/Steven Skadron Colorado,and has a general circulation therein;that Aspen City Council said newspaper has been published continuous) and Published in the Aspen Times on December 25, p y 2014(10910190) 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 12/25/2014 and that the last publication of said notice was in the issue of said newspaper dated 12/25/2014. In witness whereof,I have here unto set my hand this 12/30/2014. Samantha Jo nston,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 12/30/2014. O� Y pUe( PAMELA J. ' SCHULTZ ' ��$ Pamela Schultz,Nota Public C o�.o`` J. Notary yy Commission expires:November 1,2015 My Commis on Ewes 11/)111015