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Home My WebLink Aboutordinance.council.014-95 \\!a ~., ~,:,."'.." '0~ "\~. I,., " \~. ORDINANCE NO. /~ (SERIES OF 1995) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT AND SUBDIVISION AMENDMENT TO THE CREEKTREE SUBDIVISION/PUD WHEREAS, David Beckwith ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office to amend the Creektree SUbdivision/PUD to revise the boundaries of Lots 2 and 4, to increase the allowable floor area for the Creektree Condominiums, and to clarify the City's existing access easement across Lot 4; WHEREAS, the Applicant is requesting a SUbdivision/PUD amendment to utilize the lot area of Newbury Park to recalculate the lot area for each lot and to create a separate parcel for each duplex as provided by section 24-3-101 of the Aspen Municipal Code; and WHEREAS, the Applicant has obtained written permission from all property owners within the SUbdivision/PUD to pursue this SUbdivision/PUD amendment; and WHEREAS, the project was considered by the Planning and Zoning commission on October 18, 1994 at which time the Commission conceptually recommended approval of the request by a 5-2 vote, and granted Stream Margin Review by Resolution 94-37; and WHEREAS, the project was considered at a public hearing before city Council on March 27, 1995 at which time Council approved the applicant's request. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: pa ~. e (It -- --- Section 1: Pursuant to sections 24-7-903 and 24-7-1006(B) of the Municipal Code, city Council does hereby grant the applicant an amendment to the Subdivision/PUD that redefines the lot line between Lot 2 and Lot 4, so that each of these lots contains one duplex unit, of the Creektree Subdivision and utilizes the PUD provision of the Code to utilize the land area of Newbury Park to recalculate the lot area on all lots, subj ect to the following conditions: 1. The applicant shall redefine the building envelope, so that it is closer to the existing Creektree Condominium structures to prevent any disturbance closer to the Roaring Fork River, with the amended PUD plat. 2. The new PUD/Subdivision Plat must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so may render the approvals invalid. 3 . No vegetation shall be removed between the building envelopes and the river. 4. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees., Excavating around existing trees will need to be done outside of the dripline of all trees. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered condi tions of approval, unless otherwise amended by other conditions. 6. Prior to the issuance of any building permits for any lot wi thin the Creektree Subdivision, a rede:E ined fisherman's easement shall be executed for Lots 1, 2, and 4. 7. The Final Subdivision/PUD Plat shall indicate the location of a locking gate for City of Aspen access to Newbury Park across Lots 2 and 4. 2 ~. ~. e. + '!, '4.", ~ ., 8. Lot areas for the purpose of calculating FAR shall be 41,916 square feet for each lot within the Creektree SUbdivision/PUD. The maximum allowable floor area for each duplex structure on Lot 2 and Lot 4 shall be 5,876 square feet. The calculation of actual building floor areas shall be subject to the Aspen Land Use Regulations and any amendment thereto. section 2: Pursuant to section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned unit Development sideyard setback variation for Lots 2 and 4. The north sideyard setback for Lot 2 shall be varied from a minimum of 15 feet to 8.5 feet, the south sideyard setback shall be varied from a minimum of 15 feet to 7 feet, and the total setback shall be varied from the required 50 feet to 16.5 feet. The north sideyard setback for Lot 4 shall be varied from a minimum of 15 feet to 7 feet, the south sideyard setback shall be varied from a minimum of 15 feet to 4 feet, and the total setback shall be varied from the required 50 feet to 11 feet. section 3: Pursuant to section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Creektree Subdivision/PUD Amendment 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 ~e..., " "'<. .. ,., e'. ~ ~..~ - 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 4: 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 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 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 6: 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 shall be the ordinance granting such approval. section 7: That the City Clerk is directed, upon the adoption of this 4 ,.. ,- e, \" ""-. (I ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. section 8: 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 9: A public hearing on the Ordinance shall be held on the J7 day of /;rJ?~.-.../~.., 1995 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 the city Council of the City of Aspen on the :2'--1 day of 0:1.9i.'; 1995. John ~e~;:~~~?P ATTEST: k 5 -- JA" ~. '. " ii, . FINALLY, adopted, passed and approved this ,,^/l ,f;,~j, , 1995. / iJ-!- '-...... - J] day of ~t3~ John ennett, Mayor ord.cc.pudamend.creektreel 6