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HomeMy WebLinkAboutordinance.council.010-93 By Ordinance ORDINANCE 10 SERIES OF 1993 AN ORDINANCE OF THE ASPEN CITY COUNCIL GR/~NTING SUBDIVISION FOR THE RIO GRANDE PROPERTY LOCATED BETWEEN THE RO~ING FORK RIVER, ~D THE PITKIN COUNTY COURTHOUSE ~D THE ~LLEY IN BLOCK 86~ ASPEN~ COLOR~DO. WHERE~S, pursuant to Section 2.4-7-1004 C.I., of the Aspen Municipal Code the applicant, the city of Aspen, has submitted an application for subdivision of the Rio Grande property; and ~ERE~S, the city has deemed it necessary to subdivide the Rio Grande property in order to convey to Pitkin County the "library parcel" and the property north of Pitkin County Jail for future expansion of the Jail, to accept from Pitkin County property upon which the municipal parking facility has been constructed and the portion of land within the County Courthouse Subdivision upon which the Youth Center has been constructed; and ~EREAS, certain city-owned land area of the Rio Grande parcel is being used for parking by the tenants of the Bass/Obermeyer buildings and the city may wish to either exchange, sell or lease the property; and ~EREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Co~ission")on February 2, 1993, to consider the subdivision; and WHEREAS, the Co~ission having reviewed the application and considered the representations and commitments made by the applicant found that the subdivision complied with Section 24-7- 1004 and is not in conflict with any applicable portions of Chapter 24 or the draft Rio Grande SPA master plan; and WHEREAS, the Commission has recommended approval to the Oity Council of the subdivision for the Rio Grande property; and WHEREAS, the Aspen City Council, having considered the Planning and Zoning Commission's recommendations, does wish to grant subdivision with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant subdivision of the Rio Grande property, such subdivision to be called the Rio Grande Subdivision consisting of 10 lots and further identified by the draft plat attached hereto and incorporated herein as Exhibit Al, with the following conditions: 1. A subdivision agreement and plat consistent with the approval granted herein shall be reviewed and approved by the Engineering and Planning Departments. 2. A subdivision agreement and plat shall be filed with the Pitkin County Clerk and Recorder within 180 days of final approval. 3. Any future development of the newly created parcels shall be reviewed and approved by the Commission and Council. 4. Monumentation of the property shall be completed by Spring of 1993. Section 2: 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 3: 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 shalllbe conducted and concluded under such prior ordinances. Section 4: A public hearing on the Ordinance shall be held on the o~ day of~ 1993 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 shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISRED as provided by law, the City Council of the city of Aspen on the /~-~ day of ~-~Y~r' 1993. John Bennett, Mayor Kathryn Koch, cit~ Clerk FINALLY, adopted, passed and approved this ~ day of John tt 'Kathr~n~. Koch, City Clerk