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Home My WebLink Aboutordinance.council.041-14 � f RECEPTION#: 616733, 01/15/2015 at 09:20:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 41 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MINOR SUBDIVISION, TO BE KNOWN AS GATEWAY ASPEN LOT SPLIT, COMMONLY KNOWN AS 928 W. HALLAM STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2735-123-00-015 WHEREAS, the Community Development Department received an application from Gateway Aspen, LLC, represented by Stan Clauson Associates, requesting approval of a lot split to develop one additional lot; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposal; and, WHEREAS, pursuant to Section 26.480.060, Minor Subdivisions, the City Council may approve a Minor Subdivision, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director; and, WHEREAS,the Aspen 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 at a public hearing; and, WHEREAS, during a duly noticed public hearing on December 8, 2014, that was continued to January 12, 2015, the City Council approved Ordinance No. 41, Series of 2014, by a five to zero (5 — 0) vote, approving the Gateway Aspen Lot Split through the Minor Subdivision review process; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; 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 AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby approves the Gateway Aspen Lot Split, creating two lots meeting the underlying Ordinance No 41, Series 2014 Page 1 of 3 zone district dimensional standards by creating Lot A at .10,076 sq. ft. and Lot B at 6,000 sq. ft. conditioned on the following: 1) A formal access easement shall be dedicated over Lot B for the benefit of Lot A with the recordation of a plat. 2) Adequate Utility Easements shall be provided for water, electric, and sewer service with the recordation of the plat. 3) The existing house on Lot A may be maintained; however, prior to the development of either Lot A or B, it shall be verified that the existing house on Lot A complies with the allowable Floor Area for the lot, shall be made to comply or shall be demolished. 4) It is recognized that the area of unknown ownership comprised of 74 sq. ft. may be added to Lot B if ownership is resolved. Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. No development agreement is required to be recorded in conjunction with the filing of a plat. Section 3: Subdivision No further subdivision may be granted for the newly created lots. Section 4: Severability 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 5: Existing Litigation 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: Approvals 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 7: Public Hearin A public hearing on this ordinance shall be held on the 81" day of December, 2014, continued to the 12` day of January, 2015, at a meeting of the Aspen City.Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No 41, Series 2014 Page 2 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of November, 2014. Attest: 1 Linda Manning, City Clerk Steven'�gkad)ron;Mayor FINALLY, adopted, passed and approved this 12th day of January,2015. Attest: V• / .1../ J Linda Manning, City Clerk Steven adron,Mayor Approved as to form: im True, City Attorney Ordinance No 41, Series 2014 Page 3 of 3 Ad Name: 10726911 A PUBLIC NOTICE RE:Gateway Aspen Lot Split, Customer: Aspen (LEGALS) City of Commonly known as 928 W.Hallam Street NOTICE IS HEREBY GIVEN that a public hearing Your account number: 1 01 3028 will be held on Monday,December 8,2014,at a meetingto begin at 5:00 p.m.before the Aspen City Council,in the City Council chambers,City Hall,to consider an application submitted by Stan Clauson Associates on behalf of Gateway Aspen, PROOF OF PUBLICATION LLC(605 W.Main St,Suite 2,Aspen,CO).The Applicant requests Minor Subdivision approval via a Lot Split it to permit the creation of one additional lot for a total of two lots.The property is legally de- scribed as attract of land located in the SW1/4(al- so known as Lot 9),Section 12,Township 10 South,Range 85 West of the 6th P.M.,Pitkin County Colorado and more fully described within the application on file with the Community Devel- T21 A:111 opment Department and commonly known as 928 W.Hallam Street.For further information,contact Jennifer Phelan at the City of Aspen Community STATE OF COLORADO, Development Department,130 S.Galena St.,As- pen,CO,(970)920.5090,Jennifer.Phelan@cityo- COUNTY OF PITKIN faspen.com S/Steve Skadron,Mayor Aspen City Council I, Mor im an,do solemnlyswear that I am General s/City of Aspen J g Publish in The Aspen Times on November 20, Manager of the ASPEN TIMES WEEKLY, that 2014.(10726911) 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 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 PRY P(/e Commission expires:November 1,2015 'C PAMELA J. SCHULR,.p�t cOt>'' MY Commission Expires iivno15