HomeMy WebLinkAboutordinance.council.023-93
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ORDINANCE NO. 23
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR (PUD) RURAL
RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION
PLAN FOR THE GORDON/CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS
STATUS FOR A 2.4 ACRE PARCEL LOCATED ADJACENT TO THE ASPEN CLUB
SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, in 1990 the Gordon/Callahan subdivision and final PUD
development was approved by the City council; and
WHEREAS, the PUD/subdivision plan included 4 single family
lots, 2A, 2B, 2C and 9 and a lot line adjustment ,between lots 8 and
9; and
WHEREAS, the Aspen River Friends (ARF) have purchased the
Gordon/Callahan subdivision and have submitted an application to
amend the PUD/subdivision development plan, to rezone the property
from R-15 PUD to RR PUD and vest their development rights; and
WHEREAS, the applicant, ARF, proposes to reduce the number of
single family parcels from four to one single family parcel,
dedicate a trail easement for pedestrian and bikes, restrict the
size of the single family home to 8,500 square feet of allowable
floor area, eliminate the retaining wall along old parcels 2B, 2A,
and 9, modify the building envelope and ditch alignment of old lot
2C for the new single family parcel, retain one of the four
previously approved accessory dwelling units, and vacate the 30
foot access and utility easement across old lots 9 and 2A; and
WHEREAS, two "transfer of development rights" that were to be
, originally applied to the Gordon/Callahan PUD/subdivision shall be
retained by the applicant (ARF) to be used elsewhere for future
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development purposes; and
WHEREAS, the applicant also proposes to rezone the property
from R-15 PUD to RR PUD because the minimum lot size for the RR
zone district is 2 acres, RR is compatible with the amendments to
the final PUD/subdivision development plan to reduce the subdivided
parcels from four to one lots, and a public trail easement is being
dedicated; and
WHEREAS, the Planning and Zoning commission reviewed the
development proposal in accordance with those procedures set forth
at section 24-6-205(A) (8) (c) of the Municipal Code .and did conduct
a public hearing thereon on April 20, 1993; and
WHEREAS, upon review and consideration of the amendments and
rezoning, agency and public comment thereon, and those applicable
standards as contained in Chapter 24 of the Municipal Code, to wit,
Division 9 of Article 7 (Planned Unit Development) and Division 11
of Article 7 (Zoning Map Amendments), the Planning and Zoning
commission has recommended approval of the Gordon/Callahan
PUD/subdivision amendments and rezoning subject to conditions, to
the City council; and
WHEREAS, the Aspen city Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified
herein,
reviewed
considered
has
and
those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds
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all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE ,IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City council finds as follows in regard to the
amendments of the final Planned Unit Development plan:
L The Developer's amendment to the final plan submission is
complete and sufficient to afford review and evaluation for
approval.
2.
The amendment to the final PUD plan is consistent with or an
enhancement of the approved final development plan.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants a substantial amendment to the Final PUD
development plan approval for the Gordon/Callahan PUD/subdivision
subject to the following conditions:
1. Prior to construction of various driveway and entry landscape
features and excavation of a partial envelope pad the applicant
shall receive an earth moving permit (to be amended for City
applications) from the Aspen/pitkin County building department.
2. If the applicant chooses to construct partial improvements
pursuant to condition #1, storm runoff exposed to excavated
material shall be maintained on site and shall not be permitted! to
drain to the Roaring Fork River. A drainage plan shall be approved
by the City Engineer prior to the issuance of the earth moving
permit.
3. Prior to filing, the amended plat shall be reviewed and
approved by the Engineering and Planning Departments.
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4. The applicant shall file with the Pitkin County Clerk and
Recorder an amended PUD plat and PUD agreement within 180 days of
final approval or the approval as rendered herein shall become
invalid. The amended plat and agreement shall include language
restricting the allowable floor area of the parcel, including the
accessory dwelling unit, to 8,500 square feet.
5. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
6. All water, sewer, gas, electric, telephone and CATV connections
will be the responsibility of owner of new Lot 9 at time of a
building permit.
7. All landscaping will be by the owner of new Lot 9 except for
improvements which may be constructed by the applicant described
in condition #1.
8. Construction scheduling will be at the discretion of the
applicant or assigns.
9. Costs for necessary public facilities related to construction
of the single family home shall be borne by the applicant.
10. Prior to the issuance of any building permits, a deed
restriction for the accessory dwelling unit shall be approved'by
the Housing Authority and recorded with the Pitkin County Clerk
and Recorders Office with proof of recordation to the Planning
Department. The deed restriction shall state that the accessory
unit meets the housing guidelines for such units, meets the
definition 'of Resident occupied Unit, and if rented, shall. be
rented for periods of six months or longer.
11. The Agreement between the City and Aspen River Friends shall
be closed in order to validate this PUDjsubdivision amendment and
rezoning.
section 3: Pursuant to section 24-7-1102 of the Municipal Code,
the city Council finds the following with regard to the zoning map
amendment component of the application:
1. The proposed zoning amendment as set forth in the application
is not in conflict with the provisions of Chapter 24 of the
Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3.
The proposed zoning
traffic generation
will not
safety
adversely impact
when taken into
amendment
or road
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consideration with
PUD/subdivision.
amendments
to
the
final
the
4. The proposed zoning amendment will promote the public interest
and character of the city of Aspen.
Section 4 :
Pursuant to Section 24-7-1102 and 24-7-1103, and
Division 3 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 2 above, the City Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
1. The 2.4 acres of the Gordon/Callahan PUD/subdivision shall be
rezoned to Rural Residential PUD.
2. If the amendment to the final PUD/subdivision plan is rendered
invalid, this rezoning shall also be held invalid because the
minimum lot size per dwelling unit (2 acres) shall be
nonconforming.
Section 5: All material representations and commitments made by
the developer pursuant to the amended PUD/subdivision plan
approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission
and or city Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific
conditions.
Section 6: The Official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in Section 4 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
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Section 7:
Pursuant to Section 24-6-207 of the Municipal Code,
the City council does hereby grant the applicant vested rights for
the amended Gordon/Callahan PUD/subdivision 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. 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 8: 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 9: 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 jurisdiction, such portion
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shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 10: The City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations 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 11: That the City Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
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of the Pitkin County Clerk and Recorder.
Section 12: A public hearing on the Ordinance shall be held on the
/IJ day Of~, 1993 at 5:00 in the city Council Chambers,
Aspen City Hall, )(spen Colorado, fifteen (15) days prior to which
hearing a public notice of the same 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
~ ' 1993.
of the City of Aspen on the 01(~
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John )(e:ne:~ Mayor
day of
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J~l'!At.LY~ adopted, passed
111_', ~_' i.t" f 1993.
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John Bennett, Mayor
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