HomeMy WebLinkAboutordinance.council.019-02 Ordinance No. 19
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE REzoNiNG
(SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY
RESEIDENTIAL) OF A TRIANGULAR PORTION OF LOT 4, TRUEMAN
NEIGHBORHOOD PRO~ECT PROPERTY LOCATED NORTH OF LOTS D AND E
OF BLOCK 71,'ORIGINAL ASi~EN T~sIT]~
STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-14-001
WHEREAS, the Community Development Department received an application from
Frost Property LLC, represented by Stan Clauson Associates, LLC, requesting rezomng
approval pursuant to Section 26.310.10 of the Land Use Code for a property located at 216
East Hallam Street in the City of Aspen; and
WHEREAS, the Community Development Department Staff ~eviewed the
Application for compliance with the Rezoning Review Standards and has reviewed the
subject proper~y and finds it to be that property described by Pitkin County, Colorado District
Court, Decree Qnieting Title, Case No. 02 CV 40; and
WHEREAS, the City Zoning Officer, the City Engineer, the Parks Departmem,
Aspen Consolidated Sanitation District, and the City Fire Department reviewed the rezoning
and development proposal for 216 East Hallam Street and provided written refen'al
comments as a result of the Development Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Community Development Director recommended approval of
the Rezoning with conditions stated herein; and,
WHEREAS, the Aspen Planning and Zoning Commission reviewed ~and con. si~dered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, and conducted a duly noticed public hea6ng on March 5, 2002 and by a vote of six to
zero recommended that the City Council approve the rezoning from SCI to R-6; and
WHEREAS. the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, have
reviewed and considered ~he_~recommendation~ 0.f the Planning and Zoning Commission, the
Community Development Director, the applicable-~e~e~r~ agencies, and has taken public
coxnraent at a public hearing; and,
WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds
all applicable review standards and that the approval of the rezoning is consistent with the
goals and elements of the Aspen Area Community Plan; and,
YVHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
Pa~e: 1. of 3
03/27/2003 ;)9:36;:
SILVER DAVIS PITKIN COUNTY CO R 16.80 B ~.88
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the City Council hereby approves the Rezoning from S/C/I to R-6 a property located at 216
East Hallam for property described as:
A PARCEL OF LAND BEING A PART OF LOT 4, TRUEMAN NEIGHBORHOOD
COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK 5 AT PAGES 70
THROUGH
75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO, SAID
PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4,
WHENCE THE
WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE SIXTH PRINCIPLE MERIDIAN BEARS NORTH 17° 47' 34"
WEST, A DISTANCE OF 1348.91 FEET;
THENCE NORTH 43° 08' 33" WEST. A DISTANCE OF 70.76 FEET MORE OR
LESS ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4 TO A
POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "J",
BLOCK 71
ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT
OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF
LOT 4,
NORTH 43° 08' 33" WEST, A DISTANCE OF 70-76 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "D", BLOCK 71
THENCE NORTH 14° 50' 49" EAST, A DISTANCE OF 29.62 FEET ALONG
SAID LOT "D" WESTERLY BOUNDARY PROJECTED NORTHE ~RLY
THENCE SOUTH 75° 48; 57" EAST, A DISTANCE (~F'~ ~'.~:~'~Ti'~
THENCE SOUTH 78° 26' 25" EAST, A DISTANCE OF 26.].6 FEET;
THENCE SOUTH 63° 52' 32" EAST, A DISTANCE OF 18.70 FEET TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE
WESTERLY BOUNDARY OF sAID LOT "J", BLOCK 71 ORIGINAL ASPEN
TOWNSITE;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH 14°
50' 49"
WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN
AREA OF
2925.506 SQUARE FEET MORE OR LESS.
Section 2
P~ge: 2 of 3
03/27/2003
SILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0.00
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 3
If any section, subsection, semence, 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
A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence at 5:00
p.m. in the City Council Chambers, Aspen, City Hall, Aspen, Colorado. fifteen (15) days prior
to which hearing a public notice of the same shall be published tn a newspaper of general
circulation with the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of June, 2002.
Attest:
passed and approved this 8t~ day of July, 2002.
Approved as to form:
t'Ci~"~tto~Jaey ...... lg~ea/Ka~m~ ~t~,~d, Mayor
Attest:
ity Clerk