HomeMy WebLinkAboutordinance.council.021-12 ORDINANCE N0. 21,
(SERIES OF 2012)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO CONDITIONS 4 AND 5 IN SECTION 1 OF ORDINANCE 15,
SERIES 1992, WHICH ESTABLISHED THE HUME LOT SPLIT AND
AFFORDABLE HOUSING MITIGATION REQUIREMENTS FOR
DEVELOPMENT ON LOT 2, LEGALLY DESCRIBED AS: HUME LOT SPLIT,
LOTS 1 & 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID 2735-121-280-02
WHEREAS, the Community Development Department received an application
from EFH Holdings, LP, represented by Alan Richman, requesting approval of an
amendment to Ordinance 15, Series of 1992 which established the Hume Lot Split and
required that any development on Lot 2 of the Lot Split have an Accessory Dwelling
Unit; and,
WHEREAS,the property is zoned Medium Density Residential, R-6; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended in favor of the
proposed amendment; and,
WHEREAS, pursuant to Section 26.480.080, the City Council may approve a
Subdivision Amendment, during a duly noticed public hearing after considering
comments from the general public, a recommendation from the Community Development
Director, and recommendations from relevant referral agencies; and,
WHEREAS, during a duly noticed public hearing on September 10, 2012, the
City Council approved Ordinance No. 21, Series of 2012, by a five to zero (5 — 0) vote,
approving an amendment to Ordinance 15, Series of 1992 through a Subdivision
Amendment; and,
WHEREAS,the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, 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,
WHEREAS,the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
RECEPTION#: 592466, 09/21/2012 at
03:46:05 PM,
1 OF 3, R $21.00 Doc Code ORDINANCE Ordinance No, Series 2012
Janice K. Vos Caudill, Pitkin County, CO Page 1 of 3
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council herby amends Conditions 4 and 5 in Section 1 of Ordinance 15,
Series of 1992 to state:
4. At such time as development is proposed for Lot 2, the applicant shall mitigate for
affordable housing pursuant to the provisions of Sec 26.470.060 of the Land Use Code,
as may be amended from time to time. Said section outlines the mitigation options for
mitigating affordable housing impacts created by single family and duplex development.
5. Condition 5 is hereby stricken in its entirety.
Section 2•
All material representations and commitments made by the Applicant 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 an authorized entity.
Section 3•
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 4•
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.
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 5•
A public hearing on this ordinance shall be held on the 10th day of September, 2012, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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 PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 13th day of August, 2012.
Ordinance No , Series 2012
Page 2 of 3
Attest:
7
Kathryn S. och, City Clerk Michael C. Ireland,Mayor
FINALLY, adopted, passed and approved this 10th day of September,2012.
Attest:
Kathryn S. K , City Clerk Michael Iff Ireland,Mayor
Approved as to form:
City Attorney
Ordinance No, Series 2012
Page 3 of 3
Ad Name: 8272794A LEGAL NOTICE
ORDINANCE#21,2072 PUBLIC HEARING
Ordinance#21,Series of 2012,was adopted on
Customer: Aspen (LEGALS) City of first reading at the City Council meeting August 13,
2012. This ordinance,if adopted,will approve an
Your account number: 1013028 amendment to conditions of the Hume Lot Split
along Lake Avenue. The public hearing on this
ordinance is scheduled for September 10,2012 at
5 PM,City hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
http://www.aspenpitkin.com/Departments/C/erk/Le
gal-Notices/
If you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2686.
TI: ASPIN TIM:1 Published in the Aspen Times Weekly on August
16,2012. [8272794]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 8/16/2012 and that the last publication of
said notice was in the issue of said newspaper dated
8/16/2012.
In witness whereof,I have here unto set my hand
this 09/12/2012.
—�Y�t_J
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 09/12/2012.
Mary E.Borkenhagen,Notary Public
My Commission expires:September 12,2015
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