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Home My WebLink Aboutordinance.council.013-74RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1974) 100 Leaves AN ORDINANCE REZONING CERTAIN DESCRIBED AREAS IN THE EASTERN PART OF THE CITY OF ASPEN FROM AR-1 ACCOMMODATIONS RECREATION TO R-15 RESIDENTIAL AND R-6 RESIDENTIAL WITH MANDATORY P.U.D. DEVELOPMENT; AMENDING AND INCREASING THE MINIMUM LOT SIZE FOR DUPLEX DWELLINGS IN T}tE R-6 DISTRICT; AMENDING SECTION 24-9 OF THE MUNICIPAL CODE (SUPPLEMENTAL REGULATIONS) TO PERMIT THE DESIGNATION OF MANDATORY P.U.D. DISTRICTS ON THE ZONING DISTRICT MAP; AND IMPOSING ADDITIONAL REVIEW CRITERIA IN MANDATORY p.U.D. DISTRICTS. WHEREAS, although the Aspen Planning and Zoning Commission has not recommended the downzoning of certain tracts on the east periphery of the City of Aspen and adjacent to and at the base of Aspen Mountain for reasons specified in their Resolution pertaining thereto, and WHEREAS, the City Council, · n recommendatlo notwithstanding, the negative wishes to imple- ment said rezoning and also zoning code amendments to permit the designation of Mandatory p.U.D, zones, with additional review criteria in areas so desig- nated, and to increase the minimum lot sizes for duplexes in the R-6 Residential District. NOW, THEREFORE, BE IT oRDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That section 24-5, subsection (e), of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: RECORD OF PROCEEDINGS 100 Leaves "(e) R-6 Residential: Intention-to allow utilization of land for residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity with residential uses are included - subject to approval. Uses permitted 1. one-family dwelling, two-family dwelling, accessory building and use, home occupation; 2. Farm and garden building and use__provided that all such buildings and storage areas are located at least 100 feet from pre- existing dwellings on other lots; 3. Fence, hedge or wall--subject to requirements under supplementary regulations; 4. Identification sign, directional sign, for- sale sign_-subject to requirements under supplementary regulations. Uses - Conditional 5. Open-use recreation site--subject to approval of the board of adjustment; 6. School, church, hospital, public building for administration--subject to approval of the board of adjustment. Minimum lot area: 1. One-family dwelling 2. Two-family dwelling All other uses (2) .6,000 square feet Lot a=ea of 6,000 squa~ £eet 9000 SQUARE FEET 6,000 square feet RECORD OF PROCEEDINGS 100 Leaves Minimum lot width . Minimum front yard: 1. Principal buildings . 2. Accessory buildings · Minimum side yar~ . Minimum rear yar~: 1. Principal buildings · 2. Accessory buildings Maximum height of buildings.: 1. Principal buildings 2. Accessory buildings Minimum off. street parking.. · 60 feet · 10 feet 15 feet 5 feet · 15 feet 5 feet · 25 feet · 21 feet on the front two-thirds of the lot and 12 feet on the rear one-third of the lot as required under supple- mentary regulations Distance between buildings-no accessory building shall be constructed within ten (10) feet from a primary building or dwelling performance regulations for stream margins district. All permitted and conditional uses of this district within 100 feet measured horizontally from the high water line of the Roaring Fork River and its tribu- tary streams are subject to the additional performance regulations contained in the streammargins district as set forth in the supplementary regulations 11-1-9 (g) (section 24-9(g)). Standards and regulations for the H, District. Historic Overlay All permitted and conditional uses of this (3) RECORD OF PROCEEDINGS 100 Leaves district are subject to the additional standards and regulations contained in Section (24-)9.1 of Chapter 24 of the Municipal Code of the City of Aspen when all or any part of this district has been designated as an H, Historic Overlay District, under the provisions of Sec. 24-9.1." Section 2. That the Zoning District Map of the City of Aspen, Colorado, dated March 6, 1967, be amended by the designa- tion from AR-1 Accu~L~odations Recreation to R-15 Residential Mandatory P.U.D. of the following: A parcel of land located in Section 18 T10S, R84W of the 6th P.M. Pitkin County, Colorado being more particularly described as follows: Beginning at a point said point being the southwesterly corner of Block 119 original Aspen townsite; thence easterly along the southerly line of Block 119 and Block 40 East Aspen townsite, said line also being the northerly right-of-way line of Waters Avenue~ to the point of intersection with line 1-14 of the East Aspen townsite; thence continuing along the northerly and easterly boundary of the Calderwood Sub- division as recorded at Book 2A Page 264 in the Pitkin County Clerk and Recorder's to the southeasterly corner of Lot 10; N 61° 27' W 83.79 Office thence feet along the southerly (4) RECORD OF PROCEEDINGS 100 Leaves lot line of Lot 10, Calderwood Subdivision to the point of intersection with Line 8-9 of Tract 41 (B) Aspen townsite addition; thence S 00° 21' W 468.07 feet along line 8-9 Tract 41 (B); thence west 183.86 feet; thence N 50° 39' W 283.00 feet; thence S 25° 30' W 323.42 feet more or less to the northerly right-of-way line of Ute Avenue; thence along the northerly right-of-way line of Ute Avenue S 27° 04' 30" E 78.38 feet; thence continuing along said right-of-way S 58° 28' E 511.72 feet to the point of intersection with line 13-14 of the south annexation to the City of Aspen; thence west to south annexation corner No. 13; thence N 04° 48' E 188.8 feet to south annexation corner No. 12; thence S 60° 00' W along south annexation line 12-11 to a point on the ground with an elevation of 8040 feet measured from the U.S. Coast and Geodetic Survey Bench Mark in the pitkin County courthouse foundation~ elevation 7906.802; thence northwesterly along an elevation contour of 8040 feet to a mon- ument, stamped Elevation 8040 approximately 40 feet westerly of the most westerly part of the Aspen Alps Road; thence easterly to the westerly corner of Aspen Alps south condo- minium boundary as shown at Plat Book 3, (5) RECORD OF PROCEEDINGS 100 Leaves Page 54 in the Pitkin County Clerk and Re- corder's Office; thence S 47° 09' E 83.01 feet; thence 6.40 feet along a curve to the right with a radius of 30.89 feet; thence southeasterly and northeasterly along the northerly line of the access easement as shown on said condominium plat to the point of intersection with the southerly right-of- way line of Ute Avenue; thence southeasterly to the south corner of Lot 26 Ute Sub- division; thence northeasterly and north- westerly along the westerly right-of-way line of Wagon Road and West End Street to the southeasterly corner of Block 113 original Aspen townsite; thence south- easterly to the point of beginning. Section 3. That the Zoning District Map of the City of Aspen, Colorado, dated March 6, 1967, be amended by the designa- tion from AR-1 Accommodations Recreation to R-6 Residential Mandatory P.U.D. of the following: A parcel of land located in Section 18 T10S~ R84W of the 6th P.M. Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the southerly right-of-way line of Ute Avenue, said point being the intersection of the southerly right-of-way line of Ute Avenue and the northwesterly line of the Aspen Alps access (6) RECORD OF PROCEEDINGS 100 Leaves easement as shown at Plat Book 3, Page 54 in the Pitkin County Clerk and Recorder's Office; thence southwesterly along the northwesterly line of said access easement to the point of intersection with the northwesterly boundary of the Aspen Alps south condominium as shown on said condominiumplat; thence northwesterly along the northeasterly boundary of Aspen Alps south condominium to the most northerly corner; thence N 43° E to the point of intersection with the centerline of Aspen Mountain Road as constructed and used; thence southeasterly and northeasterly along the centerline of Aspen Mountain Road to the point of intersection with the southerly right-of-way line of Ute Avenue; thence southeasterly along the southerly right-of-way line of Ute Avenue to the point of beginning. A second parcel of land located in Section 18 T10S, R84W of the 6th P.M. Pitkin County, Colorado, being more particularly described as follows: Beginning at the south corner of Lot 26 Ute Subdivision said corner also being the inter- section of the westerly right-of-way line of Wagon Road with the northerly right-of-way line of Ute Avenue; thence northwesterly along the northerly right-of-way line of Ute Avenue to the south corner of Lot 33 Ute Subdivision being part of Glory Hole Park; thence along the southeasterly boundary of Glory Hole Park to the southwesterly corner of the Little Nell (?) RECORD OF PROCEEDINGS 100 Leaves Condominium as recorded in the pitkin County Clerk and Recorder's Office at Plat Book 3, pages 313 and 314; thence easterly along the southerly boundary of the Little Nell Condo- minium to the west right-of-way line of West End Street; thence alont the westerly right- of-way line of West End Street and Wagon Road to the point of beginning. Section 4. That section 24-9 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new subsection (k) to read as follows: "(k) Mandatory P.U.D. Designation. (1) Wherever the official zoning map designates a mandatory P.U.D. district by including the letters P.U.D. as a suffix to the classification of any district provided by this code, all development of such areas is required to proceed according to the provisions of Section 24-10.1 herein, p.U.D. planned unit development. (2) In addition to any other elements of review provided for by said Section 24-10.1, in all areas designated mandatory p.U.D, the Planning and Zoning Commis- sion may allow construction of more than two (2) dwelling units per structure. In determining the allowable number the Commission shall consider the following: (a) whether there exists sufficient water pressure and other utilities to service the intended development; RECORD OF PROCEEDINGS 100 Leaves (b) the existence of adequate roads to insure fire protection, snow removal and road maintenance; (c) the suitability of the site for development considering the slope, ground instability, and the possi- bility of mud flow, rock falls and avalanche dangers; (d) the affects of the development on the natural watershed, runoff, drainage, soil erosion and conse- quent effects on water pollution; (e) the possible effects on air quality in the area and city wide; (f) the design and location of any proposed structure, roads, drive- ways, or trails and their compat- ibility with the terrain; (g) whether proposed grading will result in the least disturbance to the ter- rain and other natural land features; (h) the placement and clustering of structures and reduction of building height and scale to increase open space and preserve the natural fea- tures of the terrain." (9) RECORD OF PROCEEDINGS 100 Leaves Section 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 6. A public hearing on this ordinance shall be held pursuant to the requirements of Section 24-11(d) of the Municipal Code on the ~ day of ~ , 1974, at ~-;~ P.M. in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on the ~Q~"- day of ..~~ ., 1974. ATTEST: k/ Stac~/Standle~ III ~ STATE OF COLORADO) ) COUNTY OF PITKIN ) SS I, Lorraine Graves, do hereby certify that the introduced, read by title, CERTIFICATE City Clerk of Aspen, Colorado, aDo ze and foregoing ordinance was and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 25 __, 1974__, and published in the Aspen Times a weekly newspaper of general circulation, published City of Aspen, Colorado, in its issue of M~ ?m and was finally adopted and approved at a regular meeting of the City Council on _ April 24 , 1974, and ordered 13 Series of 197 4 of published as Ordinance No. . , in the , 197._4, said City, as provided by law. IN WITNESS WHEREOF, ! have hereunto set my hand and the seal of said City of Aspen, Colorado, this 25th day of April , 197 ..4 SEAL ~o~-6rr a lne Graves, Clerk RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, ATTEST: PASSED AND APPROVED this 1974. Stac¥ StFhdle¥ III /