HomeMy WebLinkAboutordinance.council.13-2023ORDINANCE #13
(SERIES OF 2023)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MINOR
AMENDMENT TO A PLANNED DEVELOPMENT FOR PROJECT REVIEW AT THE
PROPERTIES COMMONLY KNOWN AS 104 MIDLAND AVENUE, LEGALLY
DESCRIBED AS LOT A, FERGUSON SUBDIVISION EXCEPTION AND P.U.D.
AMENDMENT, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30,1986,
IN PLAT BOOK 18 AT PAGE 66 AS RECEPTION NO. 277623, COUNTY OF PITKIN,
CITY OF ASPEN, STATE OF COLORADO; AND 108 MIDLAND AVENUE, LEGALLY
DESCRIBED AS LOT 1, FERGUSON EXEMPTION PLAT, ACCORDING TO THE PLAT
THEREOF RECORDED JUNE 1,1981, IN PLAT BOOK 11 AT PAGE 59 AS RECEPTION
NO.233197, COUNTY OF PITKIN, CITY OF ASPEN, STATE OF COLORADO.
ParcelIDs: 2 73 7-181-26-005 & 2 73 7-181-26-110
WHEREAS, the Community Development Department received an application from
Midland Properties, LLC (Applicant), represented by Sara Adams, BendonAdams, requesting the
following land use approval:
• Minor Amendment to a Planned Development for Project Review pursuant to Land
Use Code Section 26.445.110.d, Minor Amendment to a Project Review
WHEREAS, the Community Development Department referred the application to the
Engineering and Parks Departments for comment; and,
WHEREAS, the City of Aspen Community Development Department reviewed the
proposed Application and recommended approval of the request; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendations of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, The Aspen City Council considered the request at First Reading on July 25th,
2023 and at Second Reading (a duly noticed public hearing) on August 22°d, 2023; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
WHEREAS, on August 22" d, 2023, the Aspen City Council approved Ordinance #13,
Series of 2023 by a five to zero (5 — 0) vote; and
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
I IIIII IIII IIIII IIII IIIII IIIII IIIII IIII II I III IIIII IIII IIIII IIII IIIII IIII
RECEPTION#: 697622, R: $23.00, D: $0.00 104 and 108 Midland Avenue, Ferguson Subdivision Exemption
DOC CODE: ORDINANCE Ordinance #13, Series 2023
Pg 1 of 3, 09/22/2023 at 04:03:30 PM Page 1 of 3
Ingrid K. Grueter, Pitkin County, CO
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Miner Amendment to a Planned Development Amendment for Project Review
Approval:
Pursuant to the procedures and, standards set forth in Title 26 of the Aspen Municipal Code,
Council grants approval of a Minor Amendment to a Planned Development for Project Review
of the Ferguson Subdivision Exemption, for the following:
1. Remove the following plat note on 104 and 108 Midland Avenue: "Developement [sic]
of slope over 30% is prohibited without approval from the Board of County
Commissioners".
Section 2: Conditions of Approval
1. The Applicant shall submit for review and recordation by the Community Development
Director an amended plat within 180 days of the issuance of a development order.
Section 3: Material Representations
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 or an authorized authority.
Section 4: 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 5: 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 25 h day of July, 2023.
Attest:
— �- &&4, 4
Nicole Henning, City derk
Approved as to content:
7/mg=
Torre, Mayor
104 and 108 Midland Avenue, Ferguson Subdivision Exemption
Ordinance #13, Series 2023
Page 2 of 3
FINALLY, adopted, passed and approved this 22"d day of August, 2023.
Approved as to form:
Jim True, City Attorney
r
Attest:
C14- &t" 4
Nicole Henning, City Cl k
Approved as to content:
Torre, Mayor
104 and 108 Midland Avenue, Ferguson Subdivision Exemption
Ordinance #13, Series 2023
Page 3 of 3
I
• 7 x �J
y ► V tij II
W
i