Loading...
HomeMy WebLinkAboutordinance.council.028-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO.~ (Series of 1983) AN ORDINANCE APPROVING AN AMENDED SUBDIVISION PLAT AND PRECISE PLAN FOR THAT PROPERTY CONSISTING OF APPROXIMATELY 35.25 ACRES LOCATED WITHIN THE CITY OF ASPEN TO THE SOUTHEAST OF THE INTER- SECTION OF CASTLE CREEK ROAD AND HIGHWAY 82, COMMONLY KNOWN AS THE MAROLT RANCH AND MORE SPECIFICALLY DESCRIBED IN THAT PUD/SUBDIVI- SION AGREEMENT, RECORDED AT BOOK 413, PAGE 980 IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER WHEREAS, Marolt Associates, a Colorado General Partnership, the owner of that real property consisting of approximately 35.25 acres located within the City of Aspen~ Pitkin County, Colorado, commonly known as the "Marolt Ranch" and more specifically described in that PUD/Subdivision Agreement recorded at Book 413 Page 980 in the Office of the Pitkin County Clerk and Recorder; and WHEREAS, the "Marolt Ranch" property is now zoned R-ISA/PUD/ SPA; and WHEREAS, the City has been induced to purchase an approximate 25.5 acre parcel of the Marolt Ranch as a result of Marolt Associ- ates' offer to donate a 10-acre parcel of the Marolt Ranch, and approval of an amended subdivision plat is necessary to accomplish the acquisition by the City of the 35.25 acres; and WHEREAS, Marolt Associates has submitted an application for approval of an Amended Subdivision Plat and Precise Plan as set forth in Exhibit "A" annexed hereto, the submission of which application is conditioned upon the acquisition of the Marolt Ranch property by the City; and WHEREAS, the Planning and Zoning Commission considered the aforesaid application at a public hearing on May 17 and has recom- mended approval subject to the following conditions: 1. Clarification by the applicant concerning the easement vacation language in the "City Approval and Acceptance" section of RECORD OF PROCEEDINGS 100 Leaves the plat be made to the satisfaction of the City Engineering Department or be removed from the plat. 2. If the acquisition by the City is not completed, then the development status will revert to that in effect prior to this application. 3. The Holden Road alignment and Main Street right-of-way be eliminated from the plat. WHEREAS, having considered the recommendations of the Plan- ning and Zoning Commission, the City Council desires to approve the application of Marolt Associates, on the terms and conditions set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Effective as of the date of acquisition by the City of that property located within the City of Aspen, Pitkin County, State of Colorado, consisting of approximately 35.25 acres, commonly known as the "Marolt Ranch" and more specifically described in that PUD/ Subdivision Agreement recorded at Book 413 Page 980 in the Office of the Pitkin County Clerk and Recorder, the amended Subdivision Plat annexed hereto as Exhibit "A" shall and hereby is approved and the Precise Plan pertaining to said parcel shall and hereby is amended as follows: The plan shows no development proposal at this time and any proposal for subsequent development would have to be approved through a Specially Planned Area plan according to the applicable provisions of the Municipal Code. Prior to the recording of the amended plat the applicant shall clarify the easement vacation language in the "City Appro- val and Acceptance" section of the plat to the satisfaction of the City Engineering Department or be removed from the plat and the RECORD OF PROCEEDINGS 100 Leaves Holden Road alignment and Main Street right-of-way be eliminated from the plat, and the boundaries of the property appearing on the plat shall be either approved by the City Engineer or amended as required by the City Engineer. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the /~ day of ~ , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once 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~ day of ~~ , 1983. ATTEST: City Clerk FINALLY adopted, passed and approved this ~ - day of , 1983. William L. Stirling, Mayor /~ ATTEST: