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ORDINANCE NO. ~
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
SMUGGLER HUNTER TRUST SUBDIVISION AND REZONING OF LOT #2 OF
THE SMUGGLER HUNTER TRUST SUBDIVISION TO THE PARK (P) ZONE
DISTRICT, 2 WILLIAMS WAY, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
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WHEREAS, the Community Development Department received an application
from Elizabeth Aley, sole trustee of the Smuggler Hunter Trust, owner, for a two lot
subdivision of a 43,560 square foot parcel ofland, parcel # 2737-074-00-030, located in
the Residential Multi-Family-A (RMF-A) Zone District at 2 Williams Way, rezoning of
proposed Lot #2 of the subdivision to the Park (P) Zone District, and Special Review to
establish the parking requirements for proposed Lot #2; and,
WHEREAS, the City Council may approve Subdivisions and Amendments to the
Official Zone District Map (Rezoning) after taking and considering recommendations
from the Community Development Director, the Planning and Zoning Commission made
at a duly noticed public hearing, and taking and considering public testimony at a duly
noticed public hearing in conformance with the review criteria set forth in Sections 26.88
and 26.92; and,
WHEREAS, the City Engineer, Parks Department, and Community Development
Department reviewed the proposal and recommended approval with conditions; and
WHEREAS, during a duly noticed public hearing on November 3, 1998, the
Planning and Zoning Commission took and considered public testimony and '
recommended, by a 4 to 0 vote, the City Council approve the Smuggler Hunter Trust ,
Subdivision and Rezone Lot #2 of said Subdivision to the Park (P) Zone District, with the
conditions recommended by the Community Development Department; and,
WHEREAS, the Aspen City Council has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code, as identified
in Sections 26.28, 26.52, 26.88, and 26.92, has reviewed and considered the
recommendations made by the Community Development Director and the Planning and
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Zoning Commission, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the 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, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
That the Smuggler Hunter Trust Subdivision and Rezone Lot #2 of said Subdivision to
the Park (P) Zone District is approved, subject to the following conditions:
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Section 1:
The Official Zone District Map of the City of Aspen shall be amended to reflect
the rezoning of Lot #2 of the Smuggler Hunter Trust Subdivision to the Park (P)
Zone District. The Community Development Director shall use the final plat as
the basis for determining this zoning boundary.
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Section 2:
The Smuggler Hunter Trust Subdivision is hereby approved, subject to the
following conditions:
1. The Final Plat shall include a public park easement for that portion of Lot # 1 south of
Williams Way. The easement shall be approved by the City Attorney prior to recordation.
2. The Final Plat shall include an easement on Lot #1 for electric equipment which is currently
in the Spruce Street R.O.W.
3. The property owner and the City shall enter into a Subdivision Improvements Agreement.
The agreement shall be approved by the City Attorney prior to recordation. The agreement
shall require the applicant to join any future improvement districts which benefit the
property under an assessment formula and shall require the applicant install the two street
trees, in cooperation with the City Forester, to meet the street tree requirement of
Subdivision.
4. Prior to redevelopment of either' Lot, the owner of that Lot shall submit a drainage report and
a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil
Engineer which maintains sediment and debris on-site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly size
the facility. A two-year storm frequency should be used in designing any drainage
improvements.
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Section 3:
The City Parks Department shall pay all land use review fees due to the
Community Development Department in association with this application.
Section 4:
All material representations and commitments made by the developer 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 other specific
conditions.
Section 5:
This Ordinance shall not effect 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.
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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.
Section 7:
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 8:
A public hearing on the Ordinance was held on the 23rd day of November, 1998 at
5:00 in the City Council Chambers, Aspen City Hall, 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.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 9th day of November, 1998.
Approved as to form:
Approved as to content:
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FINALLY, adopted, passed and approved this 23rd day of November, 1998.
Approved as to form:
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