HomeMy WebLinkAboutordinance.council.028-90ATTACHI~ENT A ORDINANCE NO. 28
(SERIES OF 1990) Renumbered 41-90
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A F I Ni~_L
PUD/SUBDIVISION, LOT LINE ADJUSTMENT AND VESTED RIGHTS LOT 9 OF
THE CALLAHAN SUBDIVISION AND LOTS 2A, 2B AND 2C GORDON
SUBDIVISION, ASPEN COLORADO
WHEREAS, pursuant to Sections 7-903 and 7-1001 of the Aspen
Land Use Code, the applicant submitted an application for a PUD
revmew and Subdivision for the subdmvision of Gordon Lot 2 into
thr~e lots for the development of three single homes; and
WHEI~EAS, pursuant to Section 7-1003 of the Aspen Land Use
Code, the applicant also requested a Lot Line Adjustment for Lot
9 of the Callahan subdivision for the development of a single
family home; and
WI~EREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning CommIssion (hereinafter "Commission") on
March 21, 1989 to consider the conceptual PUD review, at which
time the Commission reviewed the application; and
WHEREAS, the Commission considered the representations and
commitments made by the applicant and approved conceptual PUD of
a sate plan that included four homesltes plus Lot 9; and
WHEI~EAS, the city Council, at their April 24, 1989 meeting,
approved, wmth conditions, the conceptual PUD development plan
for only three homesites and Lot 9 and required an accessory
dwelling unit in every home; and
WHEREAS, the applicant submitted a final PUD/Subdivision
development plan for three Gordon lots (2A, 2B, and 2C) for Final
PUD/Subdivision review; and
WR-EREAS, at a March 20, 1990 meeting, the Planning and
Zoning Commission reviewed the proposal and the representations
of the applicant and reviewed the Planning Office memo; and
WHEREAS, the Commission amended the conditions of approval
and approved the stream margin review and conditional use for
accessory dwelling units and recommended to the City Council
Final PUD/Subdivision approval with the following amended
conditions:
1. Prior to issuance of any excavation permit and any building
permit the final Plat shall be filed. The Plat shall contain,
but not limited to:
a. Surveyor's certificate to indicate date of survey,
performance in accordance with CRS 1973, Title 38, Article 51,
and closure within a limit of 1/10,000.
b. Note the plat amend plats recorded at books and
pages __ (engineering department can provide the information).
c. The trail easement through the middle of the
subdivision, along the driveway, and language dedicating the
trail to public use.
d. Monumentatlon of all property corners, including witness
corners "on line" for corners in the river.
e. Adjacent subdivision - Gordon Subdivision; Riverv~ew
Association Subdivision.
f. The City approval certificate should read "approved the
__day of __., signed this day of__"
g. A fisherman's easement along the river's edge for a
stance of five feet from the mean high water line, or at least in
the river to the mean high water line.
h. The water line easement.
i. All existing and proposed sewer easements.
]. The seven foot strip that has been included in the
revisions to Lot 8 of the Callahan Subdivision.
1. Accessory dwelling units on lots 2A and 2B.
m. Revised building envelopes for Lots 9 and 2A as approved
by the Planning and Zoning Commission.
n. The man-made rock wall, not to exceed 30".
2. Prior to issuance of a building permit, an approved and
recorded copy of deed restrictions for the accessory dwelling
units shall be filed with the Housing Authority. The deed shall
include, but is not limited to:
a. The Owner hereby covenants that the Accessory Dwelling
Units described shall at all times remain rental units and shall
not be condomlniumized.
b. The Owner shall have the right to lease the Accessory
Dwelling Units to "Qualified Residents" (pursuant to the Housing
Guidelines) of his/her own selection. Rental or lease is limited
to only Qualified Residents. Such individuals may be an employee
of the Owner, or employed as a resident caretaker, provided such
a person fulfills the requirement of a qualified resident.
c. Written verification of employment of persons proposed
to reside in the Accessory Dwelling Un~ts shall be completed and
filed with the Housing Authority prior to occupancy and must be
acceptable to the Housing Authority.
d. Lease agreements executed for occupancy of the Accessory
Dwelling Units shall provide for a rental term of not less than
six consecutive months.
3. Pursuant to OrdInance 1, the development of the homes
requiring an accessory dwelling unit or cash-in-lieu is as
follows:
a. Lots 9 and 2A were establish prior to a requirement of
affordable housing. Therefore these lots will be covered by
Ordinance 1 and eligible for the floor area bonus which is 250
square feet provided that the adu's are 100% above natural grade.
b. Lots 2B and 2C are to be developed by the Lipkln TDR's
and Council has recently confirmed that the TDR's are not subject
to an affordable housing requirement.
If an adu is desired or required on every lot the above grade
adu's shall be eligible for the floor area bonus as provided in
Ordinance 1.
4. The applicants shall join a special improvements district if
one is formed.
5. It is recommended that the driveway adhere to City street
standards.
6. Prior to filing the final plat a site specific inventory of
bank stabilization, vegetation removal, pruning etc. for along
the river bank shall be reviewed and approved by the Parks,
Engineering and Planning Department. No disturbance of any
vegetation, except for what hes been approved, between the
building envelope and the river will be permitted without stream
margin review. This shall include decks or any other structures
or improvements between the building envelop edge and the rivers
edge.
7. Prior to issuance of an excavation permit, appropriate
construction mitigation measures shall be identified to reduce
erosion potential during construction.
8. The City requests that any excavated boulders greater than 36
inch diameter, which the developers do not use, be provided to
the City for public works use.
9. The subdivision agreement shall include, but not limited to:
a. a schedule of utility costs associated with the provision
of public utilIties.
b. restrictive covenants restricting building materials to
wood siding, non-reflective metal or wood roofs, and masonry rock
to compliment the residences in the Callahan Subdivision.
10. The quit claim deed shall be recorded with the Pitk~n County
Clerk and Recorder concurrent with the applicants final plat and
a copy provided to the City Attorney.
11. If the City Council should eliminate the trail easement
through the subdivision then, prior to the issuance of any
building permit, an escrow account shall be established for
bridge construction contributions.
12. All areas disturbed as a result to construction shall be
revegetated prior to issuance of any Certificate of Occupancy for
each lot.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Final PUD/Subdivision with the
previously mentioned conditions recommended by the Aspen Planning
and Zoning Commission, for Lots 2A, 2B, and 2C of the Gordon
Subdivision.
Section 2:
That it does hereby grant a lot line adjustment for Lot 9 of
the Callahan Subdivision with the following condition:
a. The allowable floor area for Lot 9 shall be 4,500 square
feet.
Section 3:
That is does hereby grant Vested Rights for a period of
three (3) years from the effective date hereof in accordance with
the terms and provision for Lots 2A, 2B, and 2C of the Gordon
Subdivision and Lot 9 of the Callahan Subdivision.
Section 4:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 5:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
6
remaining portions thereof.
Section 6:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 7:
A public hearing on the Ordinance shall be held on the
day of , 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be publIshed one in a
newspaper of general cIrculation within the city of Aspen.
INTRODUCED, READ AND ORDEI~ED PUBLISHED as provided by law,
by the City Council of the City o~ Aspen on the day of
, 1990.
William L. Stlrling, Mayor
ATTEST:
Kathr~n S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1990.
William L. St~rllng, Mayor
ATTEST:
Kathryn S. Koch, City Clerk