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Home My WebLink Aboutordinance.council.082-92 City Council E~tbft ~-~ Approved - By Ordinance ORDINANCE NO. 82 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL CREATING THE TWO LOT US WEST/DESIGN WORKSHOP INC. SUBDIVISION AT 117 NORTH ASPEN STREET, AND 120 EAST MAINt ASPEN COLORADO AND REZONING A PORTION OF THE SUBDIVISION FROM MEDIUM-DENSITY RESIDENTIAL (R-6) TO OFFICE (O!). WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the Municipal Code the applicants, US West Communications and Design Workshop Inc., have submitted an application for the creation a two (2) lot subdivision consisting of the parcels known as 117 North Aspen Street (Lot' 1) and 120 East Main (Lot 2), and a map amendment for rezoning a portion of the subdivision from Office; and WHEREAS, the applicant US West wishes to convey approximately 2,520 square feet of Lot 1 to Design Workshop Inc. for the use of on- site parking on Lot 2; and WHEREAS, pursuant to Section 24,7-1004 of the Municipal Code no owner shall convey land before it has been properly subdivided and a plat reflecting the same has been recorded in the office of the Pitkin County clerk and recorder; and WHEREAS, Design Workshop Inc. wishes to rezone the conveyed 2,520 square feet from R-6 to office in order for it to be consistent with the Design Workshop Inc. property which is zoned office; and WHEREAS, at a duly noticed public hearing held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on November 17, 1992 to consider the subdivision and map amendment, the Commission reviewed the application and considered the representations and commitments made by the applicant; and WHEREAS, the Commission has found that the subdivision and rezoning application complied with Sections 24-7-1004 and 24-7-1102, is not in conflict with any applicable portions of Chapter 24, is compatible with surrounding zone districts and land uses, and !is consistent and compatible with the community character in the city of Aspen; and WHEREAS, the Commission recommended approval to the City Council of the US West/Design Workshop Inc. subdivision and rezoning of the property added to Lot 2 from R-6 to Office; and WHEREAS, the Aspen city Council, having considered the Planning and Zoning Commission's recommendations, does wish to grant subdivision and rezoning with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: 1 ~%55558& 131./27/9~ '5::18 Rec ~1.~.00 BK ?02 PG 125 Silvia Davis~ Pitkin Cnty Cler'k,~ Doc That it does hereby grant and create the US West/Design Workshop Inc. subdivision consisting of Lot 1, known as 117 North Aspen Street and Lot 2, known as 120 East Main, Aspen, Colorado, with the following conditions: 1. A subdivision plat must be submitted which meets the requirements of Section 24-7-1004 (2) (D) of the Municipal Code. The applicant is required to submit two reproducible mylars for approval by the Engineering Department and record one plat with the Pitkin County Clerk and Recorder. It is recommended that a blueline be submitted for review prior to the final submission. 2. A vicinity map needs to be shown on the plat at a scale of 1"=400' 4. A statement shall be included on the plat to the effect that all easements indicated in title policy number , dated are shown thereon. 5. A statement shall be included on the plat that the applicant agrees to join any improvement district formed for the purposes of constructing improvements in the public right- of-way. 6. The surveyor's certificate on the plat needs to include language that the survey was performed in accordance with Colorado Revised Statutes, Title 38, Article 51, as amended from time to time. The plat shall also include a certification that there is closure of t:10,000. 7. The plat shall illustrate all existing improvements i.e. all buildings, sidewalk, curb and gutter, trash areas, and the entire parcels. 8. A statement shall be included on the plat to read: any work in the public right-of-way requires an excavation permit from the Street Department. 9. Any storm run-off generated from the new parking lot to be developed by Design Workshop must be maintained on-site. Prior to the issuance of a final Certificate of Occupancy a drainage plan, complete with calculations, must be provided by an engineer registered in the State of Colorado and submitted to the Engineering Department to ensure that historic drainage patterns are retained in the new parking lot. 10. A final subdivision plat and agreement Must be recorded within 180 days of final approval. Section 2: 2 ,l,~:~55386 -~.,~.~z-~-, zc:-~, ,... t,J,,='" ' E.,:~ Rec !~'L5.. .')0 BK ?02 E:'E~ 12~ r:l.l.v:i.a Davis,, Pitl.:::Ln Cnty Clef. t-::,, Dc:c ~,I!:.~!:.) City Council does hereby grant rezoning of the 2,520 square feet of land added to Lot 2 from Lot 1 from R-6 (medium-density residential) to 0 (Office). Section 3: The official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 2 above and such amendments shall be promptly entered on the official Map in accordance with Section 24-5-103B of the Municipal Code. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 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: A publ~_hearing~on the Ordinance shall be held on the d~y of~ 19~ at 5:00 P.M. in the City Council Chambers, Aspen City ~11, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. ~,°~'~,T~U~ READ AND ORDERED PUBLISHE~ as provided by law, by the '~C~ty council of the Czty of Aspen on ~he ~%~ day of ~! ' . J~hn Bennett, Mayor ~ Kathryn.~Koch, city Clerk ~ <>FINALLY, adopted, passed and approved of ?~a:~yn ¢. Koch, city Clerk 3 :I:I:.--'~5E~386 ]]/29/9J 15:08 Rec $15.00 BK 7'02 PG ][25 Silvia Davii. s,, P:i. tkin Ch'tv ~ = . , Cl~:-,rl..~ I)oc $.0()