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Home My WebLink Aboutordinance.council.038-03 ORDINANCE NO. 38 (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE PROPOSED AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP ZONING THE ASPEN VALLEY HOSPITAL DISTRICT (SEE ATTACHED EXHIBIT 1 FOR FULL LEGAL DESCRIPTION) FROM THE PITK1N COUNTY PUBLIC ZONE COMPLEX TO TFIE, CITY OF ASPEN PUB (PUBLIC) ZONE DISTRICT AND R/MF (RESIDENTIAL MULTI-FAMILY), CITY OF ASPEN~ PITKIN COUNTY, COLORADO. Parcel lD #: 3039 (Aspen Valley Hospltal) Parcel ID #: 4796 (Mountain Oaks Affordable Housing/ WHEREAS, the City of Aspen Community Development Deparm~ent is required to establish zoning for all annexed lands to the city; and, WHEREAS, the Aspen Valley Hospital Complex is being annexed and the most appropriate zomng is the PUB (Public) Zone District and the RJMF (Residential Multi-Family) Zone District; and, WHEREAS, the Aspen Valley Hospital District has submitted a petition for annexation into the City of Aspen and, according to 'state statute, the City must give a zoning designation to an annexed property within 90 days of annexation; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval for the proposed zoning to PUB IPublic) and R/MF (Residential Multi-Family); and, WHEREAS, the Aspen Plannin~ and Zoning Commission has conducted a duly noted public hearing on July 15, 2003 and has reviewed and considered the zoning proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the zon/ng proposal meets or exceeds all applicable development standards and that the approval of the zoning proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WltEREAS, during a regular meeting on July 15, 2003, the Planning and Zoning CommisSion opened a duly noticed public hearing to consider the proposal and by a five to zero (5-0) vote recommended City Council approve the Amendment to the Official Zone District Map; and, WltEREAS, the City of Aspen City Council has reviewed and considered the zoning proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director and the Planning and Zoning Commission and has taken and considered public comment at a public hearing; and, WHEREAS, the City of Aspen City Council finds that the application for an Amendment to the Official Zone District Map meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Comauunity Plan; and, WHEREAS, on August 25, 2003, the City of Aspen City Council, by a vote of (_-_), approved an Amendment ro the Official Zoning Map for the Aspen Valley Hospital District; and WHEREAS, the Cky of Aspen City Council finds that this Ordinance furthers and is necessar~v for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council approves the Amendment to the Official Zone District Map for the Aspen Valley Hospital District. Section 1: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, that City Council hereby approves the zoning of the Aspen Valley Hospital District to the PUB (Public) Zone District and R/MF (Residential Multi-Family~ Zone District. as indicated in the attached Exhibit 1 Section 2: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code. that City Council hereby approves the zoning of the Mountain Oaks Affordable Housing to the R/MF IResidential Multi-Family) Zone District, as indicated in the attached Exhibit 1. Section 3: The above zoning amendments shall be contingent upon annexation of the Aspen Valley Hospital District and shall be effective immediately after the effective date of the am~exation. Section 4: All material representations and commitments made by the applicant pursuant to the zomng proposal approvals as herein awarded, whether m 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 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. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or m~consfitufional 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 this 28th day of July, 2003. 6 ATTEST: ~ Kathryn Koc~ty-Cl~rk - FINALLY, adopted, passed, and approved this 25m day of August, 2003. ' Kathryn S, l~ch, City Clerk APPROVED AS TO FORM: z-'7~hn WTor~4'~ttor, City-Attorney EXHIBIT LEGAL DESCRII'TION O1~ 970 925 2S~B FEBRUARY 18, 2002 .70~ NO, 86-67 {Supersedes Page ._ of Desfrip[-~on 8ated 02.05,02} ~ O~ LAND SITUATED' iN THE' SOUTHEAST QUARTER 0F EEC~iO~ ii', IN T~E SOUTEWEST QUARTER OF SECTION t2 AND NORT~ 00=23'00'' ~$T 392.2~ NO.RTK 03 00. O ~ST 12.11,74 FEET: NORT~87*07'00" EAST 333,97 FEET T0 THE WEST R!GHT--QF- WAY. L~E OF ~ASTLE CREEK ROAD: ...... UE NORTH 21.~52' 00" ~Sm- - ~25.12 F~T ALONG T~E ~.~T., __ KiGHT-OF-WAY LINE 0F CASTLE CREEK ROAD TO THE COLO~.DQ GTATE'HIGHW~.Y'NO. ~2; ~N~ 102.39 ....... FE~T AT.ONe mH~,_ .... a~C OF ~ C~RVE TO ~"~z:~ RIGHT HAVING A ~,DIUS OF !!S6.0Q FEET~ k ~=~ ~T '"' ANGL~ O~ 0'4~54'29'' AND ~OSE CHORD-~A.,-~ =~ NORTH 53~t~' i, lO" 'WEST 102 36 = ~m ~,~ . ~E~ ~N= T~E' BQUN.DARY OF ¢=vm CITY OF-WAY LI~ OF SAID STAT~ HIGHWAY TO TEE SOUTHERNMOST CORNER OF Ti~ CiTY/ZOLINE O~EN SPACE ~ STATE EIGEWAY 82 ANNEXATIOI~; .- 5 THENCE NORT5 39=11:00" EAST 100.00 FEET ALONG TKE ........ Zu~r~.~ ANN'EX~,~ION TO THE ~A~T~R,~S= C~RNE~ OF SAID. ZOLINE ANNEXATION, SAID THENCE 2~4.~3 PEET ALOWG THE ARC OF A CURVE TO THE'L~FT ~%VING A ~%D!US OF t096.00 FEET, A CENTRAL ANGLE OF 1Q~4Q'54'' 15~ND WHOSE CHORD BEARS SOUTH 5~fl~'27'' EAST T~ENCE SOUT~ 28=30'06" WEST 100.00 F~T ALONG TEE WEST ~O5~DARY LZN~ OF SAID OPEN SPACE ANNE~ON NO.2 TO TSE SOUTH RIGhT-OF-WAY LI~ DF SAID STATE Lk~E OF ~TSE CHEEK ROAD, THE FOLLOWING COURSES AND DIST~CES: SOL~H 16~36'00" ~AST I3~.~7 FEET, SO,Tn 20=54'00~ EAST 2006.31 T~T, THENCE SOUT~ 3~:29~37~ WEST 6B.~2 ~E~ ACROSS CASTL~ SAID ASPEN VALLEY ~OSPiT~ DISTRICT SU~D!~IS!O)I~ CO~NER BEING IDENTICAL W~T~ T~E ~OtN~ OF B~G!~/~G CITY WAT~'P~NT A~Y~TIO~ NO.2~ A~E~TION; T~ENCE DEPARTING SA~D WEST BOUNDARY SO~T~ T~ENCE SOUTH 22028'59" WEST 5~4.06 FEET ~ONG THE- WEST BOUNDARY 0F SAID A~TION T0 TEE INTERSECTION WiT~' THE SOUTH BOUNDARY LINE 0F ~ARCEL A 0F SAID AS?EN ~LLEY ~IT~ DISTRICT T~ENC~. A~NG T~ SOUTH BOUNDARY LiNE OF SAID PARCEL NO~T~ .~6~I9'00" W~ST 330.~7 ~ET, A~D SOUTK BOS~DkRY LI~E O~ PARCEL C Q~ SAID ASPEN V~L~Y 50SP!TAL DISTRICT SUBDIVISION~ TEEN~ ALONG TEE SOUT~ BO~DARY OF SAID ~ARC~L C THE FOLLQWING COURSES AND ~ISTANCES: BEGINNING.