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HomeMy WebLinkAboutpitkin.planning.273512103003 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF TM INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) Parcel ID: 2735-12-1-03-003 Description: 250 Willoughby Way Rezoning No fees staff initiated rezoning Application Date: 9/26/13 Case No: P083 -13 Planner: Suzanne Wolff # Copies: 0 Allocated Hours: 3 % Over Hours: 3.6 Project Address: 250 WILLOUGHBY WAY, ASPEN, CO 81611 Property Owner: 250 ASPEN LLC Address. 601 E HYMAN AVE Owner Phone' ASPEN, CO 81611 Owner's REP: COMMUNITY DEVELOPMEN PI Address. 130 S GALENA REP's Phone. ASPEN, CO 81611 REP's Email: Referrals: Other Referrals Comments Due Date Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date. 10/01/2013 10/23/2013 11/06/2013 Review Body: p &z bocc bocc Public Hearing? no no Notice Date: Meeting Notes. Approvals: BOCC Resolution #. BOCC Ordinance #: 024 - 2013 #605850 Admin Determination #. Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: Rezoning P &Z Determination #: HO Determination #' RECEPTION #: 605850,11/27/2013 at 10:07:05 AM, 1 OF 4, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ZONING A PORTION OF THE 250 ASPEN LLC LOTTO R -30 Ordinance No.69-1i -2013 RECITALS I. The Community Development Department ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC") to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. 2. The property is located at 250 Willoughby Way, and described as Lot 3, Block I, Green Acres Subdivision. 3. The lot contains 1.389 acres and is conforming in size in the R -30 zone district. 4. The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. "rhe Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013, and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. 5.1 The Pitkin County Planning and Zoning Commission considered the proposed zoning at a regularly scheduled meeting on October 1, 2013, and recommended approval by a vote of 6 -0. 6. The BOCC considered the proposed zoning on first reading on October 23, 2013, and on second reading at duly noticed public hearing on November 6, 2013. 7. The BOCC finds that the zoning to R -30 is consistent with the zoning on the surrounding property, and is consistent with Secs. 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby zones a portion of the 250 Aspen LLC property to R -30, as described in Exhibit A and shown in Exhibit B. Ordinance No.VY -2013 Page 2 INTRODUCED, FIRST- READ, AND SET FOR PUBLIC HEARING ON THE 23rd DAY OF OCTOBER, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN -TIMES WEEKLY ON 169-1Y 12013. NOTICE OF PUBLIC HEARING AND THE FULL'TEXT OF THE ORDINANCE POSTED ON THE OFFICLAL PITKIN COUNTY WEBSITE (NvNvw asaenuitkin.com) ON THE ';I>� DAY OF 2013, ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 61" DAY OF NOVEMBER, 2013. TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN'TI IE ASPEN TIME WEEKLY AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE 1,t _DAY OFT061 -ems j- ,�, 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY OF ni 'KIN COUNTY, Date � ` Jones, Clerk toffie BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT': ruoj -u PID 2735 12 103003 Cindy Houbcn, Community Development Director Exhibit A Legal Description of De- Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 114 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT.ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 1217 BEARS S.76 017'37 "E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89 015'58 "E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN' PLACER); THENCE N.54 °05'54 "W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF. SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49 040'40 "'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59 003'00 "E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23 012'00 "E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LIME S.05 057'00" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO 000015 000011 nf, Lij CC Po 0 4, a cr 00 uj V1 !IH i I fill 4 1 l 1 Mil. Ill! if! C:)yCD --1 MEMORANDUM TO: Board of County Commissioners Regular Meeting — November 6, 2013 THRU: Cindy Houben;'Community Development Director FROM: Suzanne Wolff, Senior Planner RE: 250 Willoughby Way — Zoning Territory Disconnected from the City of Aspen REQUEST: Staff is proposing to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. The BOCC approved the zoning ordinance on first reading on October 23, 2013. LOCATION: 250 Willoughby Way; Lot 3, Block 1, Green Acres Subdivision ZONINGILOT SIZE: The lot contains 1.389 acres and is conforming in size in the R -30 zone district. OWNER: 250 Aspen LLC RECOMMENDATION: The Planning Commission recommends that the BOCC approve the zoning of a portion of 250 Willoughby Way to R -30 on second reading. ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ZONING A PORTION OF THE 250 ASPEN LLC LOT TO R -30 Ordinance No. -2013 RECITALS 1. The Community Development Department ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. 2. The property is located at 250 Willoughby Way, and described as Lot 3, Block I, Green Acres Subdivision. 3. The lot contains 1.389 acres and is conforming in size in the R -30 zone district 4. The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. 5. The Pitkin County Planning and Zoning Commission considered the proposed zoning at a regularly scheduled meeting on October 1, 2013, and recommended approval by a vote of 6 -0. 6. The BOCC considered the proposed zoning on first reading on October 23, 2013, and on second reading at duly noticed public hearing on November 6, 2013. 7. The BOCC finds that the zoning to R -30 is consistent with the zoning on the surrounding property, and is consistent with Sees. 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby zones the 250 Aspen LLC property to R -30, as shown in Exhibit A. Ordinance No. _ -2013 Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 23rd DAY OF OCTOBER, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( N,,-w�v.aspenpitkin.com) ON THE DAY OF 13. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 6" DAY OF NOVEMBER, 2013. TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P083 -13 PID 273512103003 3 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 0 George Newman, Chairman Date APPROVED AS TO CONTENT: Cindy ouben, Community Development Director MEMORANDUM TO: Board of County Commissioners Regular Meeting — October 23, 2013 THRU: Cindy Hoube o muni 4 Development Director FROM: Suzanne Wolff, Senior Planner RE: 250 Willoughby Way — Zoning Territory Disconnected from the City of Aspen REQUEST: Staff is proposing to zone territory, that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. The Planning and Zoning Commission considered the application on October 1, 2013, and recommended approval by a vote of 6 -0. The October 1 staff memorandum and minutes are attached for reference. LOCATION: 250 Willoughby Way; Lot 3, Block I, Green Acres Subdivision ZONING/LOT SIZE: The lot contains 1.389 acres and is conforming in size in the R -30 zone district. OWNER: 250 Aspen LLC PROCESS: Two -step review by the Planning Commission and the Board of County Commissioners (two readings). BACKGROUND/EXISTING CONDITIONS: The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. The City Council Ordinances and the recorded Lot Line Adjustment Plat are attached for reference. RECOMMENDATION: The Planning Commission recommends that the BOCC approve the zoning of a portion of 250 Willoughby Way to R -30 on first reading and set for second reading on November 6, 2013. ATTACHMENTS A. Planning Commission minutes 10/1/13 B. Staff Memo to Planning Commission 10/1/13 00 +10001 04 12 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ZONING A PORTION OF THE 250 ASPEN LLC LOT TO R -30 Ordinance No. -2013 RECITALS I. The Community Development Department ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. 2. The property is located at 250 Willoughby Way, and described as Lot 3, Block I, Green Acres Subdivision. 3. The lot contains 1.389 acres and is conforming in size in the R -30 zone district. 4. The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73-2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. 5. The Pitkin County Planning and Zoning Commission considered the proposed zoning at a regularly scheduled meeting on October 1, 2013, and recommended approval by a vote of 6 -0. 6. The BOCC considered the proposed zoning on first reading on October 23, 2013, and on second reading at duly noticed public hearing on . 2013. 7. The BOCC finds that the zoning to R -30 is consistent with the zoning on the surrounding property, and is consistent with Secs. 2- 30 -40(i) and 2- 40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby zones the 250 Aspen LLC property to R -30, as shown in Exhibit A. 0GO0 -02 Ordinance No. -2013 Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 23rd DAY OF OCTOBER, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE CST 13. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 2013. DAY DAY OF TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney P083 -13 PID 273512103003 iJi)J003 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By George Newman, Chairman Date APPROVED AS TO CONTENT: _4(1 A A'�_4 &ik �" C mdy Houben, " Community Development Director s. Wolff explained the Review and Comment process and summarized the comments s gested by staff. Ms. inner explained how ACS obtained the BEST grant and is planning to start constru 'on on new facilities in 2014. ACS is currently holding community design meetings. e 4 employee units to be provided on -site will probably be two studio units L two one- droom units, with the intention that the units would be used to recruit staff who would then'Vove out of the units after a few years. Commissioner Malik suggested that a comment be added to encourage the Applicant to establish incentives to duce traffic, which would complement the Applicant's commitment to sustainabi in the redevelopment of the campus. Commissioner McNutt movckto approve the comments on the ASPEN seconded. Chairman Howard 2. 250 WILLOUGHBY WAY REZONING 3. Commissioner Conklin question, and the motion passed 6 -0. STAFF RESPONSIBLE: SUZANNE WOLFF ➢ Applicant: 250 Aspen LLC ➢ Applicant's Representatives: Pitkin County ➢ Summary of Request: Staff is proposing to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30, which is consistent with the surrounding lands. Commissioner Mallory moved to recommend approval of 250 WILLOUGHBY WAY REZONING. Commissioner Thibeault seconded. Chairman Howard called the question, and the motion passed 6 -0. ➢ Applicant:"%Ltkin County ➢ Applicant's Repre tatives: Suzanne Wolff ➢ Summary of Request: Th OCC held work sessions on January 4 and March 15, 2011 to discuss how the Land Code ( "Code ") addresses greenhouses. The Planning Commission discussed gr houses on June 21, September 6 and October 18, 2011, and reviewed draft code amendm s on July 2, 2013. The code amendments have been revised as recommended by the inning Commission at the July 2 meeting. a 0 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior PlanneV RE: 250 Willoughby Way — Zoning Territory Disconnected from the City of Aspen DATE: October 1, 2013 REQUEST: Staff is proposing to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. LOCATION: 250 Willoughby Way; Lot 3, Block 1, Green Acres Subdivision ZONING/LOT SIZE: The lot contains 1.389 acres and is conforming in size in the R -30 zone district. OWNER: 250 Aspen LLC 000005 00000i �' rL1 C/1 A i 9 0 PROCESS: Two -step review by the Planning Commission and the Board of County Commissioners (two readings). BACKGROUND/EXISTING CONDITIONS: The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. The City Council Ordinances and the recorded Lot Line Adjustment Plat are attached for reference. 000006 000002 Detail of Overlap Area — green area remains in City with 850 Roaring Fork Road and orange area is disconnected from City and allotted to 250 Willoughby Way NNEA XSUND 9� f% O� 250 Willoughby \\ \ Way EXCHANGE PARCEL B \ 3,686 aq.Flx \ it 0.063 aVasi \ \ EXCHANGE PM - � 4.638 sq.ft.i 850 Roaring Fork Rd.� 2 ti STAFF COMMENTS: REZONING: The Applicant proposes to zone the area to R -30, consistent with the surrounding County zoning. The proposed rezoning must comply with the following standards of Sections 2- 30 -40(i) and 2- 40-10(c)(2&3): Sec. 2- 30- 40(i). An application for two -step review shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1 -60; and (c) All prior development approvals applicable to the subject property. Response: The zoning of the property complies with the Land Use Code and the Land Use Policies, and is consistent with the previously approved Site Plan. The area to be zoned is below the high water line and is not included in floor area calculations. Sec. 2- 40- 10(c)(2). In addition to complying with the provisions of Sec. 2- 30 -40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The primary change is the change in jurisdiction as the result of the disconnection of the parcel from the City of Aspen. (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: The rezoning will not generate traffic or impact road safety. Sec. 2- 40- 10(c)(3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s)t (b) Are consistent with all applicable sections of this Land Use Code; (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; Response: The parcel is within the Urban Growth Boundary and is covered by the Aspen Area Community Plan (AACP). The 2012 AACP does not contemplate any change in the residential use in this area. The rezoning complies with the Code and is consistent with the surrounding zoning. (d) Do not exceed the capacity ofsuch public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; (e) Do not result in significant adverse impacts on the natural environment; 119 Are consistent and compatible with the community character; and (g) Do not conflict with the public interest. n Response: The rezoning will not affect the capacity of public facilities or result in adverse impacts on ��UO3 3 the natural environment. The rezoning will not change the redevelopment of the lot, which is consistent with the surrounding zoning and the neighborhood character, and does not conflict with the public interest. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the BOCC to zone a portion of 250 Willoughby Way to R -30. ATTACHMENTS A. City Council Ordinance No. 16, Series of 2013 B. City Council Ordinance No. 17, Series of 2013 C. 250 Aspen/850 Roaring Fork Road Lot Line Adjustment Application provided separately 0060031 00`0004 4 ORDINANCE NO. 16 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT I OF THE MERRIAM SUBDIVISION, ASPEN, COLORADO PARCEL ID: 2735- 121 -26 -001 (850 Roaring Fork Rd) 2735- 121 -03 -003 (250 Willoughby Way) WHEREAS, the applicant, 250 Aspen LLC and Joan Merriam Crete, represented by Michael Hoffman, Garfield and Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, submitted a request for a Lot Line Adjustment for the properties located at 250 Willoughby Way, Lot 3, Block 1 of the Green Acres Subdivision, unincorporated Pitkin County, Colorado and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, Aspen, Colorado; and WHEREAS, 250 Willoughby Way is partially located outside of the Aspen city limits; and WHEREAS, 850 Roaring Fork Road is located entirely within the Aspen city limits; and WHEREAS, pursuant to Section 26.480, the City Council may approve a Lot Line Adjustment, during a duly noticed public hearing after considering comments from the general public and a recommendation from the Community Development Director; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of a Lot Line Adjustment and, WHEREAS, the City Council finds that the development proposal meets or exceeds all 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Line Adjustment as shown in Exhibit A and described below in Table 1 subject to the following conditions. 00030 000005 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance H 16, Series of 2013 Page 1 of 3 10.41 -me -d *Each property is reduced in size because both properties have been including the overlap area to the current lot size calculation Section 2. Lot Line Adiustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That 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 4. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13'h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22 "d day of April, 2013. A "Pf ST: Kathryn S. Kp , City Jerk 000010 UOOIU06 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 2 of 3 Current lot size (sf.) Area to be removed from each lot sf. Adjusted lot size (sf.) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* *Each property is reduced in size because both properties have been including the overlap area to the current lot size calculation Section 2. Lot Line Adiustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That 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 4. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13'h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22 "d day of April, 2013. A "Pf ST: Kathryn S. Kp , City Jerk 000010 UOOIU06 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 2 of 3 FINALLY adopted, passed and approved this 131h day of May, 2013. ATTj `T: Kathryn S. Koch, ty Clerk Exhibit A: Plat illustrating the lot line adjustment. UrJUC1_l! 0UU007 Michael C. reland, ayor 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 3 of 3 006)%2 0 0652) 2G /4 RB \) \( /| Hill \! �| d |/ � ] \/) § | � cm Orl, I#M ] �t it \ §r ) i\ )§ \ § |• \_ §; � kU . �} » / \ /j \) '� � • ! !{ \ ; n ` A! \) rr, ) \\0 ! { §k| ] \$! , 0 , �) ;2 )) ] �t it \ §r § ) \ § |• \_ } � kU . �} » / \ /j \) '� � • ! !{ \ ; n ` A! \) rr, ) \\0 ! { §k| ] \$! , 0 , �) ;2 )) \ § /0Z,-4 !! \ K \ \ ; ? ] �t it \ §r § ) \ § |• : | , RECEPTION #: 599794, 05/24/2013 at 10:54:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO. 17 Janice K. Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO PARCEL ID: 2735- 121 -03 -003 WHEREAS, on March 19, 2013, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31 -12 -501, C.R.S; and WHEREAS, Section 31 -12 -501, C. R.S sets forth the procedure required to disconnect a tract of land ( "territory ") within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that the best interests of the City will not be prejudiced by approval of the Petition for Disconnection of said territory; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as 250 Willoughby Way, and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31 -12 -501, C. R. S. A parcel of land situated in the NE '/4 NE ''/4, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian; said parcel of land being a portion of that property described as Lot 3, Block 1, Green Acres Subdivision, according to the plat thereof recorded September 27, 1963 under reception no. 116288 and a portion of that property described as Lot 1, Merriam Subdivision, according to the plat thereof recorded November 13, 1990 under reception No. 327935; said parcel of land being more particularly described in Exhibit A. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Governments of the Department of Local Affairs, State of Colorado. UU,U,013 �iUl'JC� -i 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 1 of 2 Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby by exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. That 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 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13d' day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22 "d day of April, 2013. Michael C. Ireland, May ATTEST: -2 �� Kathryn S. K,q h, City Clerk FINALLY adopted, passed and approved this 13" day of May, 2013. At athryn S. Ko 6ty Clerk Exhibit A: Legal Description of De- annexation Parcel. iJijt�1� -L OU0010 Michael C. Ireland, May 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 2 of 2 ora 0 1 01106 Exhibit A Legal Description of De- Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 114 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, W14ENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76 017'37 "E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89 015'58 "E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54 °05'54 "W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49 °40'40 "'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OP SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59 003'00 "E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23 012'00 "E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE S.05 057'00" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. 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This Appendix is a part of that certain Minor Subdivision Exemption Plat of 250 Aspen / 850 Roaring Fork Road Lot Line Adjustment (the "Plat") recorded in the real property records of Pitkin County, Colorado on September j 2013, in Plat Book at Page, as Reception No. ���3 2. The following approvals are a part of the Plat: PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ACKNOWLEDGES THIS MINOR SUBDIVISION EXEMPTION PLAT OF 250 ASPEN / 850 ROARING FORK ROAD LOT LINE ADJUSTMENT, THIS e4l, DAY OF _;�gp�,�, 2013. PI�{It� UNCOMMUNITY _ T'Y DEVELOP ENT DIRECTOR ASPEN CITY COUNCIL APPROVAL THIS MINOR SUBDIVISION EXEMPTION PLAT OF 250 ASPEN / 850 ROARING FORK ROAD LOT LINE 4DJUSTMENT,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEX 01 THE 13`I' DAY OF MAY, 2013 PURSUANT TO ORDINANCE NO. 16, Steven J. ATTEST: CITY OF ASPEN By:" Y,athryn Koc City Clerk 000014 000018 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior PlanneF W-) RE: 250 Willoughby Way — Zoning Territory Disconnected from the City of Aspen DATE: October 1, 2013 REQUEST: Staff is proposing to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. LOCATION: 250 Willoughby Way; Lot 3, Block 1, Green Acres Subdivision ZONING/LOT SIZE: The lot contains 1.389 acres and is conforming in size in the R -30 zone district. OWNER: 250 Aspen LLC 000001 C4 ILA PROCESS: Two -step review by the Planning Commission and the Board of County Commissioners (two readings). BACKGROUND/EXISTING CONDITIONS: The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Councfl, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. The City Council Ordinances and the recorded Lot Line Adjustment Plat are attached for reference. Detail of Overlap Area — green area remains in City with 850 Roaring Fork Road and orange area is disconnected from City and allotted to 250 Willoughby Way RIVER I6LAND \ �o \, Z50 Willoughby \ .. Way \\ 1 EXCHANGE PARCEL a \ ,\ 2,686 sq.ft.t \ `\ 0062 aveai \ aaqI EXCHANGE PARCEL A •� 6,628 sq.R.t \ 0.106 aIrImt r x. 850 Roaring Fork Rd. \ 000002 STAFF COMMENTS: REZONING: The Applicant proposes to zone the area to R -30, consistent with the surrounding County zoning. The proposed rezoning must comply with the following standards of Sections 2- 30 -40(i) and 2- 40-10(c)(2&3): Sec. 2- 30- 406). An application for two -step review shall be recommended for approval and shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All applicable Land Use Policies listed in Section 1 -60; and (c) All prior development approvals applicable to the subject property. Response: The zoning of the property complies with the Land Use Code and the Land Use Policies, and is consistent with the previously approved Site Plan. The area to be zoned is below the high water line and is not included in floor area calculations. Sec. 240- 10(c)(2). In addition to complying with the provisions of Sec. 2- 30 -40(i) in connection with each proposed rezoning, the Board shall consider the following: (a) Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood that support the proposed amendment; Response: The primary change is the change in jurisdiction as the result of the disconnection of the parcel from the City of Aspen. (b) The effect of the proposed rezoning and development on traffic generation and road safety. Response: The rezoning will not generate traffic or impact road safety. Sec. 2- 40- 10(c)(3). A proposed rezoning shall not be approved, and should not be recommended for approval, unless the decision making body finds that the proposed rezoning will result in development or activities that: (a) Are consistent with the applicable Pitkin County Master Plan(s); (b) Are consistent with all applicable .sections of this Land Use Code; (c) Are compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics; Response: The parcel is within the Urban Growth Boundary and is covered by the Aspen Area Community Plan (AACP). The 2012 AACP does not contemplate any change in the residential use in this area. The rezoning complies with the Code and is consistent with the surrounding zoning. (d) Do not exceed the capacity ofsuch public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities; (e) Do not result in significant adverse impacts on the natural environment; (f) Are consistent and compatible with the community character; and (g) Do not conflict with the public interest. Response: The rezoning will not affect the capacity of public facilities or result in adverse impacts on U Ju003 the natural environment. The rezoning will not change the redevelopment of the lot, which is consistent with the surrounding zoning and the neighborhood character, and does not conflict with the public interest. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the BOCC to zone a portion of 250 Willoughby Way to R -30. ATTACHMENTS A. City Council Ordinance No. 16, Series of 2013 B. City Council Ordinance No. 17, Series of 2013 C. 250 Aspen/850 Roaring Fork Road Lot Line Adjustment Application provided separately 000004 ORDINANCE NO. 16 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT I OF THE MERRIAM SUBDIVISION, ASPEN, COLORADO PARCEL ID: 2735- 121 -26 -001 (850 Roaring Fork Rd) 2735 - 121 -03 -003 (250 Willoughby Way) WHEREAS, the applicant, 250 Aspen LLC and Joan Merriam Crete, represented by Michael Hoffman, Garfield and Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, submitted a request for a Lot Line Adjustment for the properties located at 250 Willoughby Way, Lot 3, Block 1 of the Green Acres Subdivision, unincorporated Pitkin County, Colorado and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, Aspen, Colorado; and WHEREAS, 250 Willoughby Way is partially located outside of the Aspen city limits; and WHEREAS, 850 Roaring Fork Road is located entirely within the Aspen city limits; and WHEREAS, pursuant to Section 26.480, the City Council may approve a Lot Line Adjustment, during a duly noticed public hearing after considering comments from the general public and a recommendation from the Community Development Director; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of a Lot Line Adjustment and, WHEREAS, the City Council finds that the development proposal meets or exceeds all 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Line Adjustment as shown in Exhibit A and described below in Table 1 subject to the following conditions. 250 Willoughby Way/ 850 Roaring Fork Rd, Lot Line Adjustment Ordinance # 16, Series of 2013 Page 1 of 3 0 0u005 Tahle 1: *Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation Section 2. Lot Line Adjustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That 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 4. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13'h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22 "d day of April, 2013. /' Al "FfiST: Kathryn S. Kp , City Clerk U00006 Michael C. Ireland, 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 2 of 3 Current lot size (sf.) Area to be removed from each lot sf. Adjusted lot size (sf.) 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* *Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation Section 2. Lot Line Adjustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That 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 4. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13'h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22 "d day of April, 2013. /' Al "FfiST: Kathryn S. Kp , City Clerk U00006 Michael C. Ireland, 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance # 16, Series of 2013 Page 2 of 3 FINALLY adopted, passed and approved this 13th day of May, 2013. l Michael C. reland, ayor Kathryn S. Koch, ty Clerk Exhibit A: Plat illustrating the lot line adjustment. 250 Willoughby Way/ 850 Roaring Fork Rd. Lot Line Adjustment Ordinance k 16, Series of 2013 Page 3 of 3 00UG07 \6 \` /§ /| \� /| \� A! ;| k | . }/ ) § ,A 4 orl, # ^� § @ it /� | /U (] }\ M |nm, o 'o ) ` |.1z > ; o \ L. z §� �) k \\ )§ |l |g \ \§ !( �$ § ! � t \ §r .m \ B# t \ �� ) t M 0 UO)O/ 141m u |Pf Ii /U (] }\ M |nm, o 'o ) ` |.1z > ; o \ L. z §� �) k \\ )§ |l |g \ \§ !( �$ § ! � t \ §r .m \ B# t \ �� ) t M 0 UO)O/ 141m |l |g \ \§ !( �$ § ! � t \ §r .m \ B# t \ �� ) t M 0 UO)O/ 141m 0 UO)O/ 141m RECEPTIONM 599794, 05124/2013 at 10:54:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO. 17 Janice K. Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO PARCEL ID: 2735- 121 -03 -003 WHEREAS, on March 19, 2013, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance" pursuant to Section 31 -12 -501, C.R.S; and WHEREAS, Section 31 -12 -501, C. R.S sets forth the procedure required to disconnect a tract of land ( "territory") within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that the best interests of the City will not be prejudiced by approval of the Petition for Disconnection of said territory; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as 250 Willoughby Way, and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31 -12 -501, C. R. S. A parcel of land situated in the NE '/4 NE ''/4, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian; said parcel of land being a portion of that property described as Lot 3, Block 1, Green Acres Subdivision, according to the plat thereof recorded September 27, 1963 under reception no. 116288 and a portion of that property described as Lot 1, Merriam Subdivision, according to the plat thereof recorded November 13, 1990 under reception No. 327935; said parcel of land being more particularly described in Exhibit A. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen (b) To certify and file two (2) copies of this ordinance with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this ordinance with the Division of Local Governments of the Department of Local Affairs, State of Colorado. 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 1 of 2 JUuJJ'7 Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this ordinance. Section 4. The land so disconnected shall not thereby by exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section S. That 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 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 13d' day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22nd day of April, 2013. Michael C. Ireland, May ATTEST: Kathryn S. h, City Clerk FINALLY adopted, passed and approved this 13th day of May, 2013. l Michael C. Ireland, Mayo A l/ athryn S. Kee ity Clerk Exhibit A: Legal Description of De- annexation Parcel. 250 Willoughby Way — Disconnection Ordinance # 17, Series of 2013 Page 2 of 2 tjliviJ�U • Orl •'1 011406 Exhibit A Legal Description of De- Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 1/4 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76 017'37 "E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89 015'58 "E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54 °05'54 "W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49 040'40 "'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59 003'00 "E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23 012'00 "E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE S.0505700" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO 0OU01l s =I MINOR SUBDIVISION EXEMPTION PLAT OR 250 ASPEN 1850 ROARING FORK ROAD LOT LINE ADJUSTMENT SITUATED IN THE NE4 NE} AND THE SE} NE} OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEETS OF _ _ —.--.--.--.THE PURPOSE OF THIS PUT ISM ADJUST THE COMMON LOT LINE BETWEEN THE 250 ASPEN PROPEM( PARCEL NO.2]3512103003]ANDTHE 850 ROARING FORK ROAD PROPERTY (PARCEL NO.2735121260DI)o AS SHOWN HEREON, IN ORDER TO ESTABLISH A COMMON LINE THAT D NOT DEPENDENT UPON A DYNAMIC RIVER CENTERUNE BOUNDARY miTM wT VO aJN. •/»WSf�,amww[uernw. nv�,ia.eaw,» fcav ,`� \ / //RMbll \ isv,»,/ifi ,» *hg4aw TNX I9VNYNU,'N.YM .pTm..�. 0��012 o WMAM-W \ A:,.. ISM ®I SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS sox MaxsrREtT, surtE A3 GRBDNDALE,W D816x3 (97tH >OW311 311 puma:«mn "°"� °'�:". J •� °.°tee,. \ TitiE xi+F1i(orSl�iutlEh D; V5x As�e f 12 D yu,.r*e iIm AIX n31 Pro i1KWVIS er nr atrer!cp4BV,NleL3 ay_ !s Intmi"13 mnAc a par} 3f 41 Plaj. za Eg ca e� GE Cp 9- R» 414 MINOR SUBDMSION EXEMPTION PLAT Of: 250 ASPEN /850 ROARING FORK ROAD LOT LINE ADJUSTMENT SITUATED IN THE NE} NEa AND THE SE} NE} OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE SS WEST OF THE 6th P.M., CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 O 2 THE PURPOSE OF THIS PLAT 15 TO AD)UST THE COMMON LOT UNE BETWEEN THE 250 ASPEN PROPERTY (PARCEL NO. 273512103003) AND THE 850 ROARING FORK ROAD PROPERTY (PARCEL NO.2T3S12126001), AS SHOWN HEREON, IN ORDER TO ESTABUSH A COMMON UNE THAT IS NOT DEPENDENT UPON A DYNAMIC RIVER CENTERUNE BOUNDARY v a�� uuuul3 awRCSUD 7� •�v sl� SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS = MAIN SIAM. SURE AT URBONDAIE, COLORADO SIM (170) 7 0. 311 =s:a 50 �o.l4irf I� _1 G. YS ppse Rg LS a= s; a 3 9 Upon Recording, Return to: E. Michael Hoffman Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, CO 81611 RECEPTIONM 603604, 09/12/2013 at 04:18:48 PM, 1 OF 1, R $11.00 Doc Code ADDENDUM Janice K. Vos Caudill, Pitkin County, CO Appendix to Minor Subdivision Exemption Plat of 250 Aspen / 850 Roaring Fork Road Lot Line Adjustment 1. This Appendix is a part of that certain Minor Subdivision Exemption Plat of 250 Aspen / 850 Roaring Fork Road Lot Line Adjustment (the "Plat ") recorded in the real property records of Pitkin County, Colorado on September, 2013, in Plat Book at Page ��, as Reception No. _���_. 2. The following approvals are a part of the Plat: PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ACKNOWLEDGES THIS MINOR SUBDIVISION EXEMPTION PLAT OF 250 ASPEN / 850 ROARING FORK ROAD LOT LINE ADJUSTMENT, THIS DAY OF 2013. BY: PFF-k iJNTY MMUN YTIDEVELOPMENT DIRECTOR ASPEN CITY COUNCIL APPROVAL THIS MINOR SUBDIVISION EXEMPTION PLAT OF 250 ASPEN / 850 ROARING FORK ROAD LOT LINE ADJUSTMENT,WAS APPROVED BY THE CITY COUNCIL OF THE CI "fY OF ASPEXO1�THE 13`h DAY OF MAY, 2013 PURSUANT TO ORDINANCE NO. 16, SERIES�OF 2013 / - By: Steven J. ATTEST: CITY OF ASPEN By: A� Kathryn Koch' City Clerk douJ14 �Ui,i\ :,V)od u}ptr`)k Ion z ". t ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ZONING A PORTION OF THE 250 ASPEN LLC LOT TO R -30 Ordinance No. -2013 RECITALS 1. The Community Development Department ( "Applicant') has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to zone territory that was disconnected from the City of Aspen to resolve a land dispute (boundary overlap). The lot is now entirely within unincorporated Pitkin County, and this action will result in the entire lot being zoned R -30. 2. The property is located at 250 Willoughby Way, and described as Lot 3, Block 1, Green Acres Subdivision. 3. The lot contains 1.389 acres and is conforming in size in the R -30 zone district. 4. The Community Development Director approved a Site Plan for a replacement residence on the lot, pursuant to Administrative Decision No. 73 -2012. The Site Plan acknowledged overlaps with properties to the east and south; the overlap to the south included land within the City of Aspen. The overlap to the east was resolved via a lot line adjustment approved pursuant to Administrative Decision No. 19 -2013 and recorded in Plat Book 102 at Page 65. The overlap to the south was resolved via a lot line adjustment to split the overlap area that was approved by the Aspen City Council, pursuant to Ordinance No. 16, Series of 2013; and disconnection of 0.062 acres from the City that was approved pursuant to City Council Ordinance No. 17, Series of 2013. 5. The Pitkin County Planning and Zoning Commission considered the proposed zoning at a regularly scheduled meeting on October 1, 2013, and recommended approval by a vote of 6 -0. 6. The BOCC considered the proposed zoning on first reading on October 23, 2013, and on second reading at duly noticed public hearing on 2013. 7. The BOCC finds that the zoning to R -30 is consistent with the zoning on the surrounding property, and is consistent with Secs. 2- 30 -40(i) and 2-40- 10(c)(2) of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby zones the 250 Aspen LLC property to R -30, as shown in Exhibit A. Ordinance No. _ -2013 Page 2 INTRODUCED, FIRST REAR, AND SET FOR PUBLIC HEARING ON THE 23`d DAY OF OCTOBER, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN, TIMES WEEKLY ON , 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF ,2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2013. TITLE AND SHORT SUMMARY PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY AND POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: Jeanette Jones, Clerk to the BO'CC APPROVED AS TO FORM: II' John Ely, County Attorney P083 -13 PID 273512103003 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RZ George Newman, Chairman Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director