HomeMy WebLinkAboutordinance.council.017-2022RECEPTION#: 692161, R: $23.00, D: $0.00
DOC CODE: ORDINANCE
Pg 1 of 3, 12/20/2022 at 09:41:52 AM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE #17
(SERIES OF 2022)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MAJOR
SUBDIVISION FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1A, FINAL
SUBDIVISION PLAT OF LOT 1A, BURLINGAME RANCH, ACCORDING TO THE
FINAL PLAT THEREOF, RECORDED OCTOBER 10, 2005, IN BOOK 75 AT PAGE 46
AT RECEPTION NO.515997, COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID: 2735-031-00-805
WHEREAS, the Community Development Department received an application from the City
of Aspen, 427 Rio Grande Pl. Aspen, CO 81611 c/o Sara Ott, City Manager, requesting approval
for a Major Subdivision for the property located at Burlingame Lot 1A; and,
WHEREAS, Lot IA is encumbered with a conservation easement held by the Aspen Valley
Land Trust with the exception of a portion of Lot IA, which is exempt from the provisions of the
conservation easement and is contemplated for the development of affordable housing; and,
WHEREAS, on Jun 9, 2022, the Aspen Valley Land Trust Board of Directors adopted a
resolution to memorialize the area of Lot I for which the conservation easement applies and the
area that is exempt from the provisions of the conservation easement; and,
WHEREAS, the proposed subdivision of Lot IA into resulting parcels known as Lot IA and
Lot I is consistent with the delineation of land identified by the AVLT Board of Directors; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Director recommended approval of the Major Subdivision; and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommended approval of
the proposed subdivision via Resolution #13, Series of 2022 under the applicable provisions of the
Municipal Code as identified herein, reviewed, and considered the recommendation of the
Community Development Director and took and considered public comment at a duly noticed
public hearing on September 20, 2022; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the
recommendation of the Community Development Director and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen City Council reviewed the application at a regular meeting on October
25th, 2022 and approved Ordinance No. 17, Series of 2022 in a five to zero (5 to 0) vote at First
Reading; and,
Council Ordinance #17, Series of 2022
Page 1 of 3
WHEREAS, the Aspen City Council finds that the request for Major Subdivision meets the
applicable land use standards and voted five to zero (5 to 0) on November 15, 2022 to approve the
request; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare, and,
NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES
THE FOLLOWING:
Section 1: Major Subdivision:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Council hereby approves the request for a Major Subdivision to subdivide Lot IA to create
resulting parcel Lot 1A and Lot 1D, subject to the following conditions:
1. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk
and Recorder within 180 days, pursuant to Chapter 26.490, Approval. Documents. No
Development Agreement is required at this time.
2. The Subdivision Plat shall represent the access easement serving Lot 1D and the easement
shall be recorded with the Pitkin County Clerk and Recorder's Office.
Section 2: Material Representations
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 Council, are hereby incorporated in such site development approvals and the same shall
be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3: Existing Litigation
This resolution 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. - d
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
Council Ordinance #17, Series of 2022
Page 2 of 3
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City
Council of the City of Aspen on the 25th day of October 2022.
ATTEST:
Nicole Henning, City Clerk
Torre, Mayor
FINALLY, adopted, passed, and approved by a five to zero (5-0) vote on this 15th day of November
2022.
Approved as to form:
3 es R. True, City Attorney
Attest:
Nicole Henning, City Cl rk
Approved as to content:
W&o--
Torre, Mayor
Council Ordinance #17, Series of 2022
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