Loading...
HomeMy WebLinkAboutordinance.council.046-03ORDINANCE NO. 46 (SEPdES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE OFFICIAL ZONE DISTRICT MAP REFLECTING THE ZONING OF THE NEWLY ANNEXED PORTION OF ASPEN ELECTRIC SUBDIVSION, LOT 2, 2~0 SESAME STREET, CITY OF ASPEN, PITI{IN COUNTY, COLORADO. Parcel #2737-074-20002 WHEREAS, the City of Aspen is required to establish zoning for all annexed lands in the City; and, WHEREAS, the Community Development Department developed an application to zone the newly annexed portion of the Aspen Electric Subdivision Lot 2 as describ~ed in Section 1 of the Ordinance, to the Moderate Density (R-15) Zone District with a Planned Unit Development (PUD) Overlay; and, WHEREAS, upon review of the application, the applicable code standards, and zoning in the vicinity of the subject property, the Community Development Department recommended approval for the proposed zoning to R-15 PUD; and. WHEREAS. the Plamfing and Zoning Comxnission considered the application and has forwarded a recommendation o£ approval for the proposed zoning to R-15 PUD; and. WHEREAS, Aspen Electric Subdivision, Lot 2 shall be subject to the dimensional requirements of the R-15 zone district; and, WHEREAS, the City Council has reviewed and considered the zoning under the applicable provisions of the Municipal Code as identified herein; 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, City Council approves the application to zone the newly annexed portion of the Aspen Electric Subdivision, Lot 2 to R-15 PUD Zone District legally described as: Beginning at a point on the westerly line of the said "Mascotte Lode" which point is also the most easterly corner qf Lot 3. Sunny Park North Subdivision. City of Aspen, Pitkin County, Colorado. thence along the following courses: S. 80°21 ' E. 37.50feet: thence S. 34 °?7'E 26.25 feet' thence S. 45 °24' 49"W. 156.89feet; thence N..21 °02 'W. 61.92feet to the easterly boundary of saM Lot 3; thence along the easterly boundary of said Lot 3 N. 45 ° 24' 29 'E. (A(.45 °21 'E.) l16. 62 feet more or less to the point of beginning. Call in O from Plat of Sunny Park North Subdivision Plat. All other calls from Siegel-Mascotte Lode Lot Line Adjustment Plat. County of Pitkin, State of Colorado Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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 heroin, unless amended by an authorized entity. Section 3: 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 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. Section 5: A public hearing was held on the i4th day of October at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, COlorado, fifteen (i 5) days prior t° Which heating a public notice of~e 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 this 8th day of Septemaber 2003. ATTEST: · Kathryn Ko~6}{, City Clerk APPROVED BY the City Council of the City of Aspen on this 14th day o£October 2003. APPROVED AS TO FORM: City' - APPROVED AS TO CONTENT: ATTEST: 11/06/2003 10:18~