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HomeMy WebLinkAboutordinance.council.049-93 ~1~5~2~8~ 11/08/~5 10~()~ ~ec ~25~00 ~K 72~ PS ??8 ORDINANCE 49 SERIES OF 1993 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, PUD AND VESTED RIGHTS FOR THE KASTELIC PROPERTY LOCATED AT 570 RIVERSIDE AVENUE, ASPEN, COLORADO. WHEREAS, pursuant to Sections 24-7-903 and 24-7-1004 C.I., of the Aspen Municipal Code the applicant, Estate of Anthony Kastelic, has submitted an application for subdivision and PUD review of a 74,726 parcel along the Roaring Fork River zoned R-15 PUD; and WHEREAS, the applicant requests to subdivide the parcel into two residential parcels and maintain the two existing single family homes on the newly created parcels; and WHEREAS, pursuant to Section 24-7-903.C.3, the applicant has requested a consolidated PUD review of the proposal; and WHEREAS, redevelopment of the property is not proposed at this time; and WHEREAS, the applicant also applied for stream margin review but was advised that stream margin review is more effective at the time of redevelopment of the property; and WHEREAS, the applicant also requested a 5 foot rear yard setback variance through PUD review for Lot 1 of the Kaste~ic PUD/subdivision; and WHEREAS, a public hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on August 24, 1993, to consider the subdivision and PUD review; and WHEREAS, the Commission having reviewed the application and considered the representations and commitments made by the applicant found that the subdivision complied with Section 24-~- 1 ~k..6.~.9~... 11/08195 ~t. 0:09 Re~:~.00 BK ?~9 PG ??9 .~v.~. Davis~ Pitkin Cnty ~lark~ Doc $.00 1004 and is not in conflict with any applicable portions of Chapter 24; and WHEREAS, the Commission recognized that a trail easement cannot be required as part of this subdivision but would urge the applicant to consider granting an easement to help complete the City's trail system along the river; and WHEREAS, the Commission recommends to Council consolidation of the PUD review, approval of the 5 foot rear yard setback variance, and subdivision and PUD approval for the Kastelic property; and WHEREAS, the Aspen City Council, having considered the Planning and Zoning Commission's recommendations, does wish to grant subdivision and PUD approval with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1:. Pursuant to Section 24-7-903.C.3, of the Municipal Code, the City Council finds that it is appropriate to consolidate conceptual and final PUD review of this proposal. Section 2: Pursuant to Section 24-7-1001 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the subdivision of the Kastelic property: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2. The subdivision is consistent with the purpose of subdivision which is to assist in the orderly and efficient development of the city and safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser. Section 3: Pursuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision and PUD approval of the Kastelic property, consisting of 2 lots, each containing an existing single-family dwelling unit, with the following conditions: 1. Due to slope density reduction calculations, only a single- family home plus any accessory dwelling unit or building, is permitted on each lot pursuant to the Municipal Code for single- family homes in the R-15 zone district. 2. Prior to the issuance of any demolition, excavation or building permits for Lot 1 or Lot 2, stream margin review (if applicable), shall be required. 3. The rear yard setback for Lot 1 shall be varied from the required ten feet to five feet for the existing residential structure. The redevelopment of Lot 1, through the replacement of the existing residential structure, shall comply with the dimensional requirements of the R-15 zone district and the approved building envelope, unless varied through the PUD review process. If the existing residential structure on Lot 1 is damaged or destroyed in whole or in part, any reconstruction shall occur under the applicable provisions of the Municipal Code. This shall be noted on the subdivision plat. 4. Prior to the issuance of any building permits for Lot 1 or Lot 2, tree removal permits shall be required for any trees over 6" in caliper that are removed or relocated. 5. A final plat shall be reviewed and approved by the Engineering and Planning Departments. The plat shall include the book and page of the recording and current improvements as would be required for redevelopment. 6. The final subdivision plat shall be filed within 180 days of final approval. Failure to file said plat and subdivision agreement within 180 days shall render the subdivision approval void. 7. Prior to the issuance of any building permits for Lot 1 or Lot 2, the applicant shall consult with the City Engineer to determine whether a drainage analysis is necessary. 8. Upon redevelopment of Lot 1 or Lot 2, by the demolition and replacement of the existing residential dwelling on such lot, the developer of such lot shall upgrade all utilities on such lot and locate them underground as required on such lot. 3 ~J6298J 11/08/95 10:09 Rec $25.00 BK Z~9 PG 78~ Silw[a Davis~ Pitkin Cnty Cier~k,~ Doc $.00 9. The applicant shall adhere to all representations made in the application and during the review process. 10. Prior to the issuance of any building permits, a review of any proposed changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments. 11. The recorded final plat shall include the revised building envelopes indicating that the trees are being protected and that the envelopes are out of the proposed trail alignment. At the time of stream margin review application, the applicant may request to vary the building envelope depending on then existing site conditions. This language shall be reflected on the final plat. Section 4: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the Kastelic subdivision/PUD development plan 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. 4 ~...6~98~.. 11/08/9J 10."09 Re.~c $25. ';] BK ?29 PG 782 Silvia Davis,, t-~.Lkln Cnty Clev. k~ Doc: Section 5: 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 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions 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 ~Z~ 1993 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen 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, :uncil of the City of Aspen on the /~ day of K&thryn S//~e'~h,'~ity Clerk adopted, passed and approved this of John B~nnett, Mayor