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Home My WebLink Aboutordinance.council.041-90 ORDINANCE NO. 41 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, FOR LOTS 2A, 2B, AND 2C OF THE GORDON SUBDIVISION AND A LOT LINE ADJUSTMENT FOR LOTS 8 AND 9 OF THE CALLAHAN SUBDIVISION AND VESTED RIGHTS FOR LOTS 8 & 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 review and SubdIvision for the subdivision of Gordon Lot 2 into three lots for the development of three s~ngle homes; and WHEREAS, pursuant to Sectlon 7-1003 of the Aspen Land Use Code, the applicant also requested a Lot Line Ad]ustment for Lots 8 and 9 of the Callahan subdivision for the development of a single family home; and WHEREAS, 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 site plan that included four homesltes plus Lot 9; and WHEREAS, the City Council, at their April 24, 1989 meeting, approved, with conditions, the conceptual PUD development plan for only three homesites and Lot 9 and required an accessory dwelling unit in every home; and W~EREAS, the applicant submitted a final PUD/Subdivision development plan for three Gordon lots (2A, 2B, and 2C) for Final PUD/Subdivision review; and WHEREAS, 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 conditions. NOW, THEREFOI{E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Final PUD/Subdivision as recommended by the Aspen Planning and Zoning Commission, for Lots 2A, 2B, and 2C of the Gordon SubdIvision with the following conditions: A. Prior to the issuance of any excavation, foundation, or building permits: 1. 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. Monumentat~on of all property corners, including witness corners "on line" for corners in the river. d. Adjacent subdivision - Gordon Subdivision; Rivervlew Association Subdivision. e. The City approval certificate should read "approved the day of , signed this day of __" f. 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. g. The water line easement. h. All existing and proposed sewer easements. i. The seven foot strip that has been included in the revisions to Lot 8 of the Callahan Subdivision. j. Accessory dwelling units on Lots 2A and 2B and 2C and 9. k. Revised building envelopes for Lots 9, 2A and 2B as approved by the Planning and Zoning Commission. 1. The man-made rock wall, not to exceed 30". 2. an approved and recorded copy of deed restrictions for the four accessory dwelling units shall be filed with the Housing Authority, the deeds shall include, but are 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 condominiumized. 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 Units 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. appropriate construction mitigation measures shall be identified, and reviewed and approved by the Engineering Department, to reduce erosion potential during construction. 4. a Subdivision Agreement shall be filed and 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. 5. an escrow account shall be established for bridge and/or trail construction contributions. 6. the quit claim deed shall be recorded with the Pltkin County Clerk and Recorder concurrent with the applicants final plat and a copy provided to the City Attorney. 7. a site specific inventory of bank stabilization, vegetation removal, pruning etc. for along the river bank shall be reviewed and approved by the Parks, Engiheerlng and Planning Department. No disturbance of any vegetation, except for what has been approved, between the building envelopes 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. B. The allowable floor area for each of the five lots shall not exceed the following floor areas (not including the bonus for accessory dwelling units) as submitted in the final application: Lot 2A 4,700 square feet Lot 2B 4,530 square feet Lot 2C 6,120 square feet Lot 8 4,670 square feet Lot 9 4,620 square feet c. The accessory dwelling units shall be eligible for the floor area bonus, not to exceed 250 square feet, as provided in Ordinance 1. D. The applicants shall join a special improvements district if one is formed. E. Prior to issuance of any Certificate of Occupancy for each lot, all areas disturbed as a result to construction shall be revegetated. F. 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. Section 2: That it does hereby grant a lot line adjustment for Lots 8 and 9 of the Callahan Subdivision with the following condition: a. The allowable floor area for Lot 9 shall be 4,620 square feet. b. Prior to the issuance of any excavation, foundation, or building permits, the applicant shall include language on the Gordon Final Plat that indIcates that lots 8 & 9 of the Callahan Plat have been adjusted. 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 Lots 8 & 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 th~s 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 9 day of July, 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, RF2~D AND ORDERED PUBLISI~D as provided by law, by the City Council of the City of Aspen on the //%L~ day of ~ , 1990. William L. Stlrllng, Mayor ATTEST: FINAL*~, adopted, passed and approved this-- ~/~day of William L. ~firling, May~r ATTEST: / Kathrsrn S J/Koch, City Clerk