HomeMy WebLinkAboutordinance.council.049-93 ~1~5~2~8~ 11/08/~5 10~()~ ~ec ~25~00 ~K 72~ PS ??8
ORDINANCE 49
SERIES OF 1993
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, PUD
AND VESTED RIGHTS FOR THE KASTELIC PROPERTY LOCATED AT 570
RIVERSIDE AVENUE, ASPEN, COLORADO.
WHEREAS, pursuant to Sections 24-7-903 and 24-7-1004 C.I., of
the Aspen Municipal Code the applicant, Estate of Anthony Kastelic,
has submitted an application for subdivision and PUD review of a
74,726 parcel along the Roaring Fork River zoned R-15 PUD; and
WHEREAS, the applicant requests to subdivide the parcel into
two residential parcels and maintain the two existing single family
homes on the newly created parcels; and
WHEREAS, pursuant to Section 24-7-903.C.3, the applicant has
requested a consolidated PUD review of the proposal; and
WHEREAS, redevelopment of the property is not proposed at this
time; and
WHEREAS, the applicant also applied for stream margin review
but was advised that stream margin review is more effective at the
time of redevelopment of the property; and
WHEREAS, the applicant also requested a 5 foot rear yard
setback variance through PUD review for Lot 1 of the Kaste~ic
PUD/subdivision; and
WHEREAS, a public hearing was held by the Aspen Planning and
Zoning Commission (hereinafter "Commission") on August 24, 1993,
to consider the subdivision and PUD review; and
WHEREAS, the Commission having reviewed the application and
considered the representations and commitments made by the
applicant found that the subdivision complied with Section 24-~-
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1004 and is not in conflict with any applicable portions of Chapter
24; and
WHEREAS, the Commission recognized that a trail easement
cannot be required as part of this subdivision but would urge the
applicant to consider granting an easement to help complete the
City's trail system along the river; and
WHEREAS, the Commission recommends to Council consolidation
of the PUD review, approval of the 5 foot rear yard setback
variance, and subdivision and PUD approval for the Kastelic
property; and
WHEREAS, the Aspen City Council, having considered the
Planning and Zoning Commission's recommendations, does wish to
grant subdivision and PUD approval with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:. Pursuant to Section 24-7-903.C.3, of the Municipal
Code, the City Council finds that it is appropriate to consolidate
conceptual and final PUD review of this proposal.
Section 2: Pursuant to Section 24-7-1001 of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
subdivision of the Kastelic property:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision is consistent with the purpose of subdivision
which is to assist in the orderly and efficient development
of the city and safeguard the interests of the public and the
subdivider and provide consumer protection for the purchaser.
Section 3: Pursuant to the findings set forth in Section 2 above,
the City Council does hereby grant subdivision and PUD approval of
the Kastelic property, consisting of 2 lots, each containing an
existing single-family dwelling unit, with the following
conditions:
1. Due to slope density reduction calculations, only a single-
family home plus any accessory dwelling unit or building, is
permitted on each lot pursuant to the Municipal Code for single-
family homes in the R-15 zone district.
2. Prior to the issuance of any demolition, excavation or building
permits for Lot 1 or Lot 2, stream margin review (if applicable),
shall be required.
3. The rear yard setback for Lot 1 shall be varied from the
required ten feet to five feet for the existing residential
structure. The redevelopment of Lot 1, through the replacement of
the existing residential structure, shall comply with the
dimensional requirements of the R-15 zone district and the approved
building envelope, unless varied through the PUD review process.
If the existing residential structure on Lot 1 is damaged or
destroyed in whole or in part, any reconstruction shall occur under
the applicable provisions of the Municipal Code. This shall be
noted on the subdivision plat.
4. Prior to the issuance of any building permits for Lot 1 or Lot
2, tree removal permits shall be required for any trees over 6" in
caliper that are removed or relocated.
5. A final plat shall be reviewed and approved by the Engineering
and Planning Departments. The plat shall include the book and page
of the recording and current improvements as would be required for
redevelopment.
6. The final subdivision plat shall be filed within 180 days of
final approval. Failure to file said plat and subdivision
agreement within 180 days shall render the subdivision approval
void.
7. Prior to the issuance of any building permits for Lot 1 or Lot
2, the applicant shall consult with the City Engineer to determine
whether a drainage analysis is necessary.
8. Upon redevelopment of Lot 1 or Lot 2, by the demolition and
replacement of the existing residential dwelling on such lot, the
developer of such lot shall upgrade all utilities on such lot and
locate them underground as required on such lot.
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9. The applicant shall adhere to all representations made in the
application and during the review process.
10. Prior to the issuance of any building permits, a review of any
proposed changes from the approvals, as set forth herein, shall be
made by the Planning and Engineering Departments.
11. The recorded final plat shall include the revised building
envelopes indicating that the trees are being protected and that
the envelopes are out of the proposed trail alignment. At the time
of stream margin review application, the applicant may request to
vary the building envelope depending on then existing site
conditions. This language shall be reflected on the final plat.
Section 4: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
Kastelic subdivision/PUD development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three
(3) years from the date of final adoption specified
below. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to
timely and properly record all plats and agreements as
specified herein and or in the Municipal Code shall also
result in the forfeiture of said vested rights.
2. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or
the general rules, regulations or ordinances or the City
provided that such reviews or approvals are not
inconsistent with the approvals granted and vested
herein.
4. The establishment herein of a vested property right shall
' not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the City of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
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Section 5: 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: This Ordinance shall not effect any existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
Section 7: A public hearing on the Ordinance shall be held on the
_~./~ day of ~Z~ 1993 at 5:00 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 in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
:uncil of the City of Aspen on the /~ day of
K&thryn S//~e'~h,'~ity Clerk
adopted, passed and approved this of
John B~nnett, Mayor