The URL can be used to link to this page

Home My WebLink Aboutordinance.council.065-94 ~e I"" '\,.. .' ff, ' , ~ '~". lei", ~\ " ORDINANCE NO. 65 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT OVERLAY AND A PLANNED UNIT DEVELOPMENT APPROVAL TO REDUCE THE WESTERN SIDE YARD SETBACK TO ZERO FEET IN ORDER TO SAVE A 65 FOOT HEALTHY SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND 0, CITY AND TOWNSITE OF ASPEN WHEREAS, SGA Aspen Limited Liability Company ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi-family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in mUlti-family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district; and WHEREAS, the project was considered at a public hearing before City Council on October 11, 1994 at which time Council directed the applicant to find an alternative design that would preserve the large spruce tree on the northwestern portion of the parcel; and WHEREAS, pursuant to Chapter 24-7-902 of the Aspen Municipal Code, the city may require an Applicant to come in through the Planned Unit Development (PUD) process; and WHEREAS, the Applicant submitted a amended application which preserves the spruce tree, however, this requires a reduction in the required parking by one space and a side yard setback variance on the western lot line; and WHEREAS, the amended application was considered at a public i. ~. 10_ ~" ''\", If It' %\ '(\", hearing on November 22, 1994 by the Planning and Zoning commission at which time the Commission granted Special Review to reduce the parking for the affordable housing units from four on-site parking to three spaces and amend the approved parking plan for the proposal, and recommended approval of the PUD Overlay and PUD variance to City council by a 5-2 vote and amended the conditions of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned Unit Development designation and the sideyard setback variation from five feet to zero feet for the western boundary as represented in the revised site plans subject to the following conditions: /1. The applicant shall work with the Engineering and Parks Department during installation of the sidewalk and pruning of the trees. (y Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences within five feet from the driplines of the trees. Fencing type and location shall be approved by the Parks Depatment, prior to any earthmoving work on the property. .1/3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the 204 East Durant PUDfsubdivision as follows: 1. The rights granted by the site specific development plan 2 'e',\" q ;'~ e" 10,;"" Is l " ~" .,. 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. Section 3: This Ordinance shall not affect 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 4: 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 jurisdic"tion, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: 3 'e @,'" '\" \'(It(, +\ " '." '. Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 6: That the city Clerk 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 7: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the city of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 8: A public hearing on the Ordinance shall be held on the ..!2..- day of )Jg1!t/UeAt.-- 1994 at 5:00 P.M. in the city Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by -1 the City Council of the city of Aspen on the d/? day of !74-tLt.N'-/<-C-L 1994. ~ ~. John Benne~?:::yor 4 ,qe' , ~'<~ ATTEST: J:::tw~rVJ 4 Jd.f--6t Katbryns; , ocb, City Cler~- FINALLY, adopted, passed and approved this i(::J.- tJe&;1LIJ..t;;.I 1994. -- ."",,' ,~ A/EST: 1) j.4-rvc. Kath~y~ Sf qch, City Clerk L ord.cc.pud.204edur.pud ~. 45- g~o Joh "Bennett, Mayor 5 day of