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ordinance.council.010-11 ORDINANCE NO. 10 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT — ANDERSON SUBDIVISION, LOT 1 AND 2, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273718139801 and 273718139002 WHEREAS, the Community Development Department received an application from the Orr Family Partnership represented by Alan Richman Planning Services and the City of Aspen Parks Department, requesting approval of Subdivision Amendment to replat the existing subdivision's lots; and, WHEREAS, the purpose of the replat is to relocate and reconfigure Lot 2 within the subdivision while maintaining the same lot sizes; and, WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on March 28, 2011, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the, approving with conditions, the subdivision amendment which maintains two lots within the subdivision; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; 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 RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat — Anderson Subdivision which amends the configuration of Lots 1 and 2 within the existing subdivision. The Approval is conditioned on the following: RECEPTION #: 578854, 04/01/2011 at 10:56:03 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Page 1 of 3 Janice K. Vos Caudill, Pitkin County, CO 1) Approval of the exchange of property by the voters pursuant to charter section 13.4, of the home rule charter; and, 2) The residence to be developed on Lot 2 will be built so that the ground floor is approximately at the elevation of Riverside Drive. This will be memorialized with a measured and referenced elevation on the plat; and, 3) Any basement level shall not be exposed by a walk -out design or similar manner along Lot 2's westem boundary that is shared with the park (Lot 1). Similarly, any grading that is undertaken will respect the natural topography and minimize any need for retaining walls. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: 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 City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance 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. Section 5: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 28 day of March, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Page 2 of 3 Section 7: Approval of this ordinance is specifically conditioned upon approval of the voters of the City of Aspen of an exchange of properties as set forth in the ballot question referred to the voters by resolution No. 25, Series of 2011. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28 day of February, 2011. Atte r %' ♦ _tea /� a.ail� Kathryn S. ih, City Clerk Michael C. Ireland, M or FINALLY, adopted, passed and approved this 28`" day of March, 2011. Atte- : / U thryn S. drh, City Clerk Michael C. Ireland, Mayo Approved as to form: L _ - MST Attorney Page 3 of 3