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Home My WebLink Aboutordinance.council.044-92 i."',, ~, ~, 'W' ".., ,~:~~ - ....355131 0:'\/""4/9:'\ OCl,O(J Pee: ',;;2~3" 00 Bf( 706 Fr, 766 +r ~"". ..- :~ ~:' ,..." _ ~...,.. ,..1,_ D.- d: no Silvia. DC\vJ.~:;'J F'ltkln Lnty L.l(':.~1 t~~ __ ~t::__ .t'~ ~ ~ ORDINANCE NO.~5' (SERIES OF 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO GRANTING FINAL PUD DEVELOPMENT PLAN APPROVAL AND SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION FOR THE PATTERSON DUPLEX LOCATED AT 580 CEMETERY LANE (LOT 2, CASTLE CREEK SUBDIVISION) WHEREAS, Mark Patterson submitted an application for Final PUD Development Plan, Conditional Use for an accessory dwelling unit, and Subdivision Exemption for Condominiumization of the Patterson family duplex located in an R-30 zone with a PUD overlay; and WHEREAS, Section 24-7-903 of the Aspen Municipal Code establishes design standards for Final PUD Development Plans; and WHEREAS, pursuant to Section 24-7-1007 of the Aspen Municipal Code, a Condominiumization is a Subdivision Exemption by the city council upon satisfaction of certain requirements; and WHEREAS, the Patterson application was reviewed by Environmental Health, Engineering, and the Planning Office; and WHEREAS, the Planning Office recommended approval of the Final PUD Plan and accessory dwelling unit proposal to the Planning and Zoning commission; and WHEREAS, at a public hearing on May 5, 1992, the Planning and Zoning Commission voted 6-0 to approve the accessory dwelling unit and 6-0 to forward to City Council a recommendation to approve the Final PUD Development Plan; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 24-7-1007 of the Aspen Municipal Code relating to condominiumization recommended approval with conditions. 1 .-/... e ~.l '%~"S . ~","--,-- :1:!:~~~:S;:):i.:31 O:~~/2il./(:r~:. 09~ O~:"3 F((~c ~~2~:;;j" 00 B~::: 706 F'F1 767 Silvia Davis, Pitkin Cnty Clerk, Doc $g00 - WHEREAS, the City Council, finding that the review criteria for Final PUD Development Plans and Condominiumization of a residential building have been met, approves the Patterson Duplex Final PUD Development Plan and Condominiumization of the duplex upon construction of the new ,Unit 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Final PUD Development Plan approval and Subdivision Exemption for condominiumization to the Patterson duplex at 580 Cemetery Lane (Lot 2, Castle Creek Subdivision. Section 2: The following conditions shall apply to the Final PUD and condominiumization approvals: 1. Prior to the issuance of any building permits, a site drainage plan (prepared by a registered engineer) which meets the requirements of Section 24-7-1004 C.4.f must be submitted to and approved by the Engineering Department. 2. Hay bales or other techniques shall be employed during construction in order to prevent erosion of the hillside, and a debris fence shall be installed during construction. to prevent damage to existing vegetation outside of the work area. 3. The Final PUD Plan and condo plat shall indicate a 4 'x4 I utility pedestal easement. No utility pedestals shall. be installed in, the public right-of-way. 4. Prior to signing of final plat, or prior to final inspection 2 ... ~..' 't I. a' , " :~- " (. __ III ;j*~:::;~5~51:~;J. ():5/21.!./<.j:5 O<'?~ OB I:~E~C ~;.L:~:'L 00 Bl< 706 F'(:l 768 Silvia Davis~ Pitkin Cnty Clerk, Doc $~OO of the construction, the applicant shall construct an unobstructed sidewalk area as approved by the city Engineer and shall sign a sidewalk, curb and gutter construction agreement. 5. A Final PUD Plan (including building elevations) and PUD Agreement shall be submitted to the City, approved as to form by the city Attorney, and filed with the Pitkin County Clerk and Recorder within 180 days of approval. Any revisions to the recorded development plan shall, be processed through the Planning Office. 6. Prior to the sale of either,unit, a condominium plat must be recorded which meets the requirements of section 24-7-1004 D of the Municipal Code. 7. Prior to recordation, the Applicant needs to submit for the Engineering Department's approval two copies of a final plat. 8. The applicant must submit to the City Attorney's office for approval a Subdivision Exemption Agreement describing the terms of this exemption. This Agreement must be filed with the Pitkin County Clerk and Recorder concurrently with the condominiumization plat. 9. Rental of either unit shall be restricted to 6 month minimum leases, with no more than 2 shorter tenancies per year. 10. Prior to the Planning Director signing the final plat for condominiumization, the Applicants shall file a deed restriction to Resident Occupancy for the new unit which mUst be approved by the Housing Office and recorded with the Pitkin 3 :1;1:::~:;;:551:3:1. O~3/24/l1:3 09~ 08 Pe.e: $.~,~~~5" 00 BK 706 PG 769 Silvia Davis~ Pitkin Cnty Clerk~ Doc: $000 . County Clerk and Recorder. A copy of the recorded deed restriction must be forwarded to the Planning Office. In lieu of filing a deed restriction the Applicant shall pay an affordable housing fee to the city Finance Department and shall forward a copy of the payment receipt to the Planning Office. section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 4: (a " This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances.A public hearing on the Ordinance shall be held on the ;l:?- day of (ltA-~, 1992 at 5: 00 in the city ,f' , ...,4.:....<- (,,> ) council Chambers, Aspen city Hall, Aspen colorado, iii~l!_.j (1.5)- aays.prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. by the City Council . re'f INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, of the City of Aspen on the /~ day of , 1992. 4 '. tl\ ~', ' . .' ,:) 'lb " '''' ,. ,^~~:"f"",,'~ A1';"liii'II"I,~ ',,~ :\,\\\ eo t II." 11,(, '''h ,~\\ ,J'l" 41'1,1p" /'-;...... '-"'\\, ,,~,\ ......... <:", " :"' ".~~,t.."",!:i'; '.. ":'~ '\ 1_<; .~'f,~'rfJ,~j".'t' '., \ l';t~~" t: ". \ <,'!l,',: - . \:"''')1 l";:a .,hryn \. "'~~i't:~,;':;~\:, ~~", " ~ ;t'iiCf ~.l\LLY, adopted, passed and ~ ' , 1992. ..... iif:" /t (}'\~.~.....~$;6~ John tti~tf:~~W~~~ / v/ dc-~ \:~~~~~J:'yn S~.; Ko:eh, C1ty Clerk T~;~~~Ctf{~ R), ~~' 1.,_...., John +1"~:>;~':!~;'; J, h:O .;, v..~... ..-'.. 1L <; v (~__~' ( Bennett, Mayor ap~oved this /3 day _ 7' 1:3~-- ennett, Mayor of .."" v......, i 'i.';;:;"H .~, ..:.~,_l ,,'.J~"" .t;;'f;., 706 PG 770 $~OO ~;ilvia Davi~~1'} Pitkin Cnty Clerk'} Doc 5