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Home My WebLink Aboutordinance.council.024-99 ~ ORDINANCE No.2 + (Series of 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MOORE FAMILY PUD" ANNEXATION. WHEREAS, on March 29, 1999, the City Manager of the City of Aspen, on behalf of the City of Aspen, the James E. Moore Family Partnership, LLLP, Mark B Whitson, the Astri Corporation, Thomas H. Bailey, Robert M. and Nancy L. Beevers, the Zoom Flume LLC, Kevin L. Patrick, and Patricia Bakur, constituting one hundred percent of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and f'" WHEREAS, on April 12, 1999, the City Council did adopt Resolution No. 30, Series of 1999, fmding substantial compliance with Section 31-12-107(1), C.RS.; establishing May 24, 1999, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31- ~...o !!!!!:>u iiiiio:l... 12-105, C.RS.; and authorizing publication of said hearing; and =0!E -",:::> !!!!!.....o =~ () WHEREAS, a public hearing was held on May 24, 1999; and _az _~ S WHEREAS, the City Council, by resolution (Number 42, Series of i999) at its regular !!!!!!ili: --... alSl _l!i OS! meeting on May 24, 1999, following a public hearing did fmd and determine said Petition for =lsl _a: _...z iiiii'! lsl Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, C.RS.; and !!!!!!~6! III ~ WHEREAS, the City Council does hereby find and determine that approval of the !!!!!~lSJ =.......6) =:; Hi annexation of said territory to be in the City's best interest; and =r::N iiiiisa:: -... '" WHEREAS, Pitkin County granted the owners of the Moore Family PUD land use =... --::Ie; ~ ... approvals that have been memorialized in a Subdivision Improvements Agreement and Planned Unit Development pursuant to the County's Planned Unit Development (PUD) regulations; and .~ r'\ r WHEREAS, the Pitkin County PUD regulations differ slightly from the City's PUD land use regulations and experience has indicated that on occasion, following an annexation of property into the City that has received land use approvals in the County, it becomes necessary to make minor amendments to the Final Plat and PUD; and WHEREAS, the City Council desires to allow the City's Community Development Director to approve said minor amendments to the PUD and Final Plat consistent with the County PUD land use regulations that do not clearly contradict City PUD regulations without the necessity to amend the City land use regulations or require the applicant to follow needlessly cumbersome City land use regulations for minor amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Moore Family PUD", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To fIle one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to fIle one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. 11111111111I1111I111111111111111111111111I11111 11111111 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 2 0' e R 2e.00 D 0.00 N 0.00 PITkIN COUNTY CO 2 ~ Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. The Community Development Director is hereby authorized to approve minor PUD amendments to the Moore Family PUD which are intended to change an element or condition of the development permit; provided, however, that the proposed . amendments are consistent with the following standards: r Section 5. a. b. The amendment must be a clarification or a technical correction to a plat. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. The amendment must be consistent with action taken during the review of the original development and does not constitute new land development activity . The proposed activity does not: Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; Increase off"site impacts in the surrounding neighborhood; Endanger public health, safety or welfare; Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Increase the floor area of the use by more than two (2) percent or decrease open space on the site by more than three (3) percent. c. d. i. ii. iii. iv. v. The Community Development Director is hereby authorized to approve minor plat amendments to the Moore. Family PUD; provided, however, that the proposed amendments are consistent with the following standards: o a. The amendment increases or does not affect the degree of compliance with land use code standards; b. The amendment is being made to a recorded plat which has been approved by the City; and c. The amendment is consistent with representations made to Pitkin County during the conceptual and detailed subdivision reviews whichever is applicable. 1111111111111111I111111111111111111111111I11111111I1111 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 3 of ! R 2!.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 ~ Section 6. That 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 7. That 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. A public hearing on the ordinance shall be held on the 28th day of June, 1999, in the City r- Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 14th day of June, 1999. c','-', I E. Richards, Mayo , ,,->-~ ,",1','''-;' .. ~ 1111111111111111I11111111111111111111111111111111111111 433361 07/14/1999 08:44A ORDINANC DAVIS SILVI 4 0' ! R 2!.00 D 0.00 N 0.00 PITKIN COUNTY CO , ~"------"-------'----'--"_._------'-'--"----~--'--'---.._---_..._..._-.__.,.~,.__..- ,-,--,,----_.- 4 o r- r---\ FINALLY adopted, passed and approved this ~ day of r ,1999. --,,3P'.'-'~C::::, .~\\I'"~''''''''''''''''' ,.,,~. .~",'.., '. - ", -.~...... ;"" ,.. '" ,< ~.;.'''''''...... r~ -""'~\ .1:,,,,,,,., S .. R3 J;'''~ "1'"1'..1 ,'~ !"'i'J'" . A' ."" ,.,; i' .! ". ..' ~ j.!I ~..' "v (aH'~l-' /'<; .1II=1J b... ,.., , . .....1,.\. "'" j" ~ 11' n r '\" f- i'a . ",.' ~ t - _ J - , r r~ f~:r W'~~ ;,',~...... """l JPW-06/22/99-G: \jOhn\"Ord\OrdS\mOore.doY V';,J . fit :reI :;:;A' ."'....ih.... .. 11111111111\ 1111111111111111111111111111111111111111111 433361 01/14/1999 08,44A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5