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HomeMy WebLinkAboutordinance.council.049-13 RECEPTION#: 606304, 12/0612013 at 11:26:24 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 49 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE SUBDIVISION PLAT FOR THE PROPERTIES COMMONLY KNOWN AS 115, 125, 145, 155 AND 165 MINERS TRAIL ROAD AND LEGALLY DESCRIBED AS LOTS 1, 2,3, 4, 5 AND 6, MOCKLIN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 14, 1996 IN PLAT BOOK 39 AT PAGE 92, AND FIRST AMENDMENT TO THE FINAL PLAT OF MOCKLIN SUBDIVISION RECORDED AUGUST 4, 1998 IN PLAT BOOK 45 AT PAGE 59. PARCEL ID #s: 2737-073-23-001, 2737-073-23-002, 2737-073-23-003, 2737-073-23-004, 2737-073-23-005, 2737-073-23-006 WHEREAS, the Community Development Department received an application from Charif Souki, represented by Davis Horn Incorporated, requesting a plat amendment to the Mocklin Subdivision, legally described as Lots 1, 2, 3, 4, 5 and 6, Mocklin Subdivision, according to the plat thereof, recorded June 14, 1996 in Plat Book 39 at page 92, and first amendment to the final plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at page 59; and WHEREAS, pursuant to Section 26.480.080.13, City Council may approve an Other Amendment to a subdivision, provided that the proposed change is consistent with the approved plat; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, 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; and, WHEREAS, during a duly noticed public hearing on December 2, 2013, the Aspen City Council approved Ordinance No. 49, Series 2013, by a four to zero (4-0)vote; 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: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the Second Amendment to the Final Plat of Mocklin Subdivision, which amends Plat Note 3 to include the following language: Mocklin Subdivision Ordinance #49, Series of 2013 Page 1 of 3 "Notwithstanding the foregoing paragraph, disturbance outside the designated building envelopes for lots 1, 2, 3, 4, 5 and 6 shall be permitted for the purposes of temporary shoring and conformance with the requirements for site drainage rules adopted by the City of Aspen. Such disturbance shall be the minimal amount required to provide shoring and comply with the site drainage requirements in accordance with §26.575.020.E.5.L of the Land Use Regulations. Any areas disturbed by shoring and site drainage activities shall be revegetated with native plant species in accordance with a landscape plan that is approved by the City of Aspen Parks Department. " Section 2• The applicant shall record a subdivision plat that meets the requirements of Land Use Code Section 26.480 with the Pitkin County Clerk and Recorder within 180 days of approval. Section 3• 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 4• This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5• A public hearing on the ordinance shall be held on the 2°d day of December, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was 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 11�' day of November, 2013. Attest: r -kathryn Koch i y Clei c Steven Skadron, Vlayor FINALLY,adopted,passed and approved this day of 2013. Mocklin Subdivision Ordinance #49, Series of 2013 Page 2 of 3 Attest: I Kathryn Koch,' och ity Clerk Steven kadrpn, Mayor Approved as to form: i / Jim True, City Attorney Mocklin Subdivision Ordinance #49, Series of 2013 Page 3 of 3