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HomeMy WebLinkAboutordinance.council.035-8754`7 PAGE1~~ ~' BOOK _... x ~, ca ~~ __"~ v ~ ~ ~ ~~ ORDINANCE NO . -~ ~ ~ ~ >° .t, -~~-' (Series of 1987) ~ c ~ ~ r~ ~c a AN ORDINANCE REZONING THE ALPINE ACRES SUBDI~IOI~ C ITY GDF '~, ASPEN, PITKIN COUNTY, COLORADO FROM R-15 (RESID~TTIAL) TO R-6 (RESIDENTIAL) AND PLACING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ON ALPINE ACRES LOTS 4 AND 5 WHEREAS, an application and petition have been submitted by Joseph Dunn, Charles Bishop and other owners of the Alpine Acres Subdivision to rezone to R-6 (Residential) Alpine Acres and to place a Planned Unit Development Overlay on Alpine Acres Lots 4, subsequently resubdivided Lots 4A & 4B, and Lot 5; and WHEREAS, the subdivision is presently zoned R-15 (Residen- tial); and WHEREAS, all of the owners of Alpine Acres Subdivision have agreed to request a voluntarily imposed maximum floor area (FAR) of 2,486 square feet per dwelling unit; and WHEREAS, as part of the rezoning request, Joseph Dunn and Charles Bishop have submitted a subdivision exception request for the purpose of creating two lots; and WHEREAS, at a duly noticed public hearing held on July 21, 1987, the Aspen Planning and Zoning Commission did recommend that the subdivision exception and rezoning be approved; and WHEREAS, the application has been found to be generally consistent with Section 24-12.5 of the Land Use Code which establishes criteria for rezoning; and WHEREAS, the City Council has found that due to the existing narrow lots and large front yard setbacks of Lots 4 and 5 a Planning Unit Development Overlay is appropriate so to allow for the creation of new lots not meeting the minimum lot width EOOK 5~7 PAGE19~ requirement and to maintain the existing character of the front yard setbacks; and WHEREAS, the Aspen City Council has considered the recommen- dation of the Planning and Zoning Commission and has determined the proposed rezoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to R-6 the Alpine Acres Subdivi- sion and place on Lots 4 and 5 of Alpine Acres a Planned Unit Development (PUD) overlay subject to the following conditions voluntarily imposed by the subdivision property owners: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet. B. Front yard setbacks of Lots 4 and 5, and subsequently resubdivided Lots 4A and 4B, shall be a minimum of 25 feet; and C. The minimum lot width of newly created Lots 4A and 4B shall be approximately 45 feet and 39 feet respect- ively. Section 2 That the Zoning District Map be amended to reflect the rezoning described in Section 1 and the City Engineer be author- ized and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. ~oo~ 54`7 PacE198 Section 4 ' If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 ~~ A public hearing on the Ordinance will be held on the ~"~ of ~V , 1987 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same was published once in a news- paper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by/l,~aw by the City Council of the City of Aspen on the ~~ ~~ of ~~-~ ~~~=-~-~ 1987. • ,;`,~,~ 9F_ 4y~ William L. Stirling, Mayor ~~. ATTEST: Kathryn ~ mooch, City Clerk ,/ ~ ,` J R ~}N,A~,hY adopted, passed and approved this `~" d y of~~t~~~~ ~'" 19 8 7 . '~~-~~~ William L. Stirling, M or ,,t~ ~' ~TTEST~:s~~,', ,.-~~'yi~ gCoch, City Clerk gh.49 ,~ • ~, r~ • ' .~ f - C ~. R 1, ~ *`