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
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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
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C/1
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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
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250 Willoughby
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EXCHANGE PARCEL B \
3,686 aq.Flx \
it 0.063 aVasi \
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EXCHANGE PM
- � 4.638 sq.ft.i
850 Roaring Fork Rd.�
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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
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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.
CITY OF ASPEN
COUNTY OF PITKIN
STATE OF COLORADO
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. 1 1 0
Upon Recording, Return to:
E. Michael Hoffman
Garfield & Hecht, P.C.
601 E. Hyman Avenue
Aspen, CO 81611
RECEPTION #: 603604, 0 911 212 01 3 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 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
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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
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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
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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
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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
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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