HomeMy WebLinkAboutordinance.council.011-05ORDINANCE NO. 11
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE AFFORDABLE
HOUSING (AH) ZONE DISTRICT WITH A PUD OVERLAY.
PARCEL ID NUMBER(S): 2735-142-08-701 (- 716)
WHEREAS, the oxvners of the sixteen (16) deed-restricted, aflbrdable housing units of
the "Aspen Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned
for annexation into the City of Aspen, and,
WHEREAS, the property is approximately +2.57 acres, legally described herein; and,
WHEREAS, the property was annexed into the City of Aspen from Pitkin County on
January 24, 2005 pursuant to Ordinance No. 49, Series of 2004; and,
WHEREAS, the City Council of the City of Aspen must designate a city zone district for
the property within 90 days of the final annexation; and,
WHEREAS, the City Council may approve 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 Section 26.310; and,
WHEREAS, the Community Development Department analyzed the parcel of land and
recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District
with a PUD overlay; mid,
WHEREAS, the property was initially zoned with a PUD overlay by the Board of
County Commissioners of Pitkin County through Resolution No. 81-39; and,
WHEREAS, the initial PUD was amended by the Planning and Zoning Commission of
Pitkin County through Resolution No. 82-19; and,
WHEREAS, the conditions established by the previously approved County PUD will be
recognized as the City site specific development approval trader the zoning approved hearing;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly
noticed public hearing on January 4, 2005, and continued the hearing to January 18, 2005 and
found that the R/MF zone district with a PUD overlay is appropriate for the property and in
keeping with tire Aspen Area Community Plan; and,
WHEREAS, during the Aspen Highlands Villas continued hearing on January 18, 2005,
the Planning and Zoning Commission approved Resolution 3, Series of 2005, by a three to one
(3-1) vote, recommending that City Council assign Aspen Highlands Villas (Lot 10) to the
Residential/Multi-Family (R/MF) zone district with a PUD overlay; and,
WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen City
Council will review the application according to the applicable provisions of the Municipal Code as
identified herein, and will review and consider the recommendation of the Conmmnity
Development Director and Staff; the Planning and Zoning Commission, and will consider public
comment; and,
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards of the land use code of the City of Aspen Municipal Code and that the approval of the
proposal 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 the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
That the land identified as Aspen Highlands Villas (Lot 10) and conunonly referred to as
"Highlands Villas (Lot 10)" be assigned Affordable Housing (AH) Zoning with a PUD overlay,
as described below, and direct the Community Development Director to amend the Official Zone
District Map accordingly.
Aspen Hio~hland Villas (Lot 10) Legal Descril~tion:
A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat
Book l 1 at page 50 also being in the E ½ of the NW XA and the SW 1/4 of the NW IA of Section
14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado
being more particularly described as follows: Beginning at a point on the easterly right-of-way of
the Maroon Creek County Road whence the North IA comer of said Section 14 bears
N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
N01°41'31"E between the SW corner and the W 'A corner of said section 14; thence
S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision;
thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the
records of the Pitkin County Clerk and Recorder the following courses: thence S11°34'29'W a
distance of 86.46 feet; thence S01°29'45"W a distance of 165.95 feet; thence St4°04'21"W a
distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a
distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at
Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line
of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of-
way line of the Maroon Creek County Road; thence along said easterly right-of-~vay line
following the following courses: N29°I8'59"E a distance of 84.98 feet; thence 144.20 feet
along the arc of a 800.49 feet radius curve to the right, having a central angle of 10019' 16" and
subtending a chord bearing N34°28'00"E 144.00 feet; thence N39°36'53~E a distance of 393.26
feet the POINT OF BEGINNING, containing 2.569 acres, more or less.
SECTION 1:
This Ordinance shall not affect 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 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:
The City of Aspen hereby accepts and adopts the Planned Unit Development plan approvals,
granted by Pitkin County via Pitkin County Resolution 81-39 and 82-19, allowing for the expansion
of individual units on the property.
SECTION 4
That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance
in the office of the Pitkin County Clerk and Recorder.
SECTION 5:
A public hearing on the Ordinance shall be held on the 14th day of March, 2005, at a meeting that
begins at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15)
days prior to which a public heating notice of the same shall be published in a newspaper of general
circulation in the city.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of February, 2005.
Attest:
FINALLY, adopted, passed and approved this /T-day of//vf,,/,/tf,8.-~2005.
Attest:
Approved as to form:
Ci~..Att~rn~'/ -
H:\ChrisL\Applications\C ty Council\Highlands Villas Zoning\CC