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Home My WebLink Aboutordinance.council.031-92 ~201~ 12/18/92 1~:25 Rec $45.00 BK 698 PG 141 Silvia Davis~ Pitkin Cnty Clepk~ Doc $.00 O~DINANCE NO. $1 AN ORDINANCE OF THE ASPEN CITY COUNCIL GI~NTING SUBDIVISION FOR LOT 2 OF THE MOSES LOT SPLIT, A LOT LINE ADJUSTMENT BETWEEN THE MITCHELL PARCEL AND THE MITCHELL/BORNEFELD PARCEL, AND VESTED RIGHTS FOR 8040 GREENLINE REVIEW, SUBDIVISION, AND THE LOT LINE ADJUSTMENT ALL LOCATED ON ASPENALPS SOUTH ROAD, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Sections 24-7-503 and 24-7-1004 C of the Municipal Code the applicant, Moses Aspen View Homeslte, Inc., the Aspen Alps Condominium Association and George Mitchell have submitted an application for subdivision of Lot 2 of the Moses Lot Split and a lot line adjustment for the Mitchell parcel and the Mitchell/Bornefeld parcel all located on the Aspen Alps South Road, City of Aspen; and WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the applicant has also requested Vested Rights of the subdivision and lot line adjustment and 8040 Greenline; and WHEREAS, at a duly noticed public hearing held April 7, 1992, the Planning and Zoning Commission reviewed the 8040 Greenline and Subdivision proposal; and WHEREAS, the Commission approved the 8040 Greenline review (see Commission Resolution 6 (1992), Exhibit A attached hereto and incorporated herein); and WHEREAS, the Commission also recommends to the city Council subdivision approval for Lot 2 Moses Lot Split; and WHEREAS, the subdivision of Lot 2 eliminates the floor area capiof 3,800 square feet that was originally imposed upon Lot 2 during the 1987 Moses Lot Split; and WHEREAS~ the applicants have offered to voluntarily prohibit all future development on Lots 2A and 2B of the new subdivision as created herein, consisting of approximately three acres of valuable open space and an existing tennis court area, in exchange for the City granting permanent vesting for the development of a 5,000 square foot (allowable floor area) residence upon Lot 2 within the subdivision; and WHEREAS, the existing underlying zoning for the subdivision allows for the construction of a single family residence of 5,000 square feet (allowable floor area) on Lot 2; and WHEREAS, the City Council has determined that the neighborhood and community at large will derive a significant benefit from the 1 ~%J52015 12/18/92 14.:25 Rec $45.00 BK &98 PG 142 Silvia Davis,~ F.~tkin Cnty Cle~k~ Doc $.00 permanent preservation of remaining open space within the City; and WHEREAS, the City Council may grant vesting of site specific development plans for periods in excess of three years where warranted in light of all relevant circumstances in accordance with C.R.S. Section 24-68-104(2); and WHEREAS, subdivision and lot line adjustment were reviewed by the City Council° NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYiOF ASPEN, COLORADO: Section 1 That it does hereby approve the Moses Lot 2 Subdivision ias recommended by the Aspen Planning and Zoning Commission consisting of Lots 2, 2A, and 2B, Aspen Alps South Road, city and Townsiteiof Aspen subject to the following conditions: 1. Simultaneous with the recordation of the final plat, Lotsi2A. and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development~on said lots. Further development 'shall include the applicationlor crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing or future Aspen Alps Condominium Association buildings. For Lots 2A and 2B, further development shall include additional floor area, bedrooms and density or major new recreational facilities such as tennis courts and swimming pools. The deed restrictions shall be reviewed and approved by the city Attorney. 2. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the city Council in the Pitkin County Clerk and Recorders office. The final plat shall be reviewed and approved by the Engineering and Planning Departments. 3. The final plat shall depict the following: a. Lots 2, 2A and 2B; b. that Lots 2A and 2B are restricted against any further development or additional lot area for floor area~ bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. The documents restricting Lots 2A and 2B shall be referenced by the Book and Page number° c. the new access onto Lot 1 Moses Lot Split; d. graphic description of the zoning designations for Loti 2; 2 %:.~.5201J 12/:[8/92 14:2J Rec $45.00 BK ~98 PG Silvia Davis~ Pitkin Cnty Cler. k.~ Doc $.00 e. no parking allowed along the Aspen Alps South Road unless approved by the Fire Marshal; f. an easement indicating Lot 2 access off of the Aspen Alps South Road. g. all improvements on Lot 2 including the entire length iof the actual access road and the revised access easement including the roadway surface; h. the contents of the final plat must meet Sections 24-7- 1004-D.1 and -D.2 of the Municipal Code. There must be a statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of record have been shown on the plat. The date must be within the past 112 months; i. in the event any of the applicants obtain title to the USFS Tract as depicted on the plat they shall deed restrict said tract against all development. Said deed restriction shall be in favor and for the benefit of the city of Aspen and shall be approved by the City Attorney° 4. The width of the access easement to Lot 1 Moses Lot Split across Lot 2 shall meet code requirements (20')° Section 2 That it does hereby approve the Lot Line Adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) on Aspen Alps South Road with the following conditions: 1. The lot line adjustment between the Mitchell parcel and the Mitchell/Bornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) shall be depicted on the final subdivision plat for Moses Lot 2. 2. The final plat shall contain a note stating that no additional floor area shall be granted due to the increase in lot size of the Mitchell parcel. Section 3: That it does hereby grant Vested Rights in perpetuity for this Subdivision, Lot Line Adjustment, and 8040 Greenline including a 5,000 square foot single family residence (allowable floor area which includes exemptions allowed for in, Chapter 24 of the Municipal code) as approved by the Commission on April 7, 1992, (please see Resolution 6 (1992), Exhibit A attached hereto and incorporated herein) with conditions as follows: 3 ~J52015 12/18/92 14:25 Rec $45.00 BK &~8 PG 144 Sitvia Davls~ F'itkin Cnt¥ Cler'k~ Doc $.00 1. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeitureiof said vested 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 vested rights. 2. The approvals as granted herein are subject to all rights of referendum and judicial review. 3o 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 of the city provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4o The establishment herein of the 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: 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 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 remaining portions 4 ~..)~.~._ 12/18/92 14:9'7 Rec $45.00 BK &~8 PG 145 o.~lv~= Davis~ Pit. kin Cnty Cl_r.k~ Doc $.00 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~&%-~f at 5:00 P.M. in the City Council Chambers, Aspen city Hall, Aspe44 Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the city of Aspen. INTRODUCED, RE~D AND ORDERED PUBLISHED as provided by law, iby t~Council of the City of Aspen on the ~ ~ day of John Bennett, ~ayor KOch, City Clerk adopted, passed and approved this ~ day of John Bennett, Mayor city Clerk 5