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HomeMy WebLinkAboutBocc Packet 11062013 250MEMORANDUM TO: Board of County Commissioners Regular Meeting — November 6, 2013 c k-1 . THRU: Cindy Houben, ommunity 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 ZONING/LOT 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. (�' 1 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 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 the 250 Aspen LLC property to R-30, as shown in Exhibit A. Ordinance No. -20I3 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 DAY OF ,2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 6`h 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 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By George Newman, Chairman Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney P083- 13 PID 273512103003 CLIQcaw e'indy ouben, Community Development Director