HomeMy WebLinkAboutordinance.council.052-93 · .~l].via Davis~ I
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O~DINi~ICE ~
(SERIES OF 1993)
~N ORDIN~/NCE OF THE ASPEN CITY COUNCIL GRANTING PERPETUAL VESTED
RIGHTS FOR THE ALLOWABLE FLOOR AREA FOR THE DEVELOPMENT OF A
SINGLE-FAMILY RESIDENCE ON AMENDED LOT 9 OF THE GORDON/CALLAH~N
PUD/SUBDIVISION LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF
OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, city Council may grant vested rights status for a site
specific development plan for an initial period of three years; and
WHEREAS, on July 12, 1993 City Council granted an amendment
to the Gordon/Callahan PUD/subdivision; and
WHEREAS, the amendment included a reduction of the number of
approved development parcels from 4 single-family parcels to 1
single-family parcels, a rezoning from moderate-density residential
(R-15) PUD to rurallresidential (RR) and vested rights; and
WHEREAS, the RR zone district does not limit the maximum floor
area on a parcel; and
WHEREAS, the applicants, Aspen River Friends (ARF),
voluntarily proposed an allowable floor area limitation of 8,500
square feet as defined in Section 24 of the Municipal Codei in
effect on January 9, 1991; and
WHEREAS, although the applicants have vested their property
rights for three years and have voluntarily restricted the maximum
size of the future home on the parcel, ARF requests to permanently
vest their right to build up to the imposed floor area cap; and
WHEREAS, the Planning office, having reviewed the application
recommends approval of perpetual vested rights for an allowable
floor area on the parcel of 8,500 square feet as defined in Sectiion
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24 of the Municipal Code in effect on January 9, 1991 finding that
a significant community benefit has been served with the amended
Gordon/Callahan final plan because the ARF dedicated a twelve fOot
public pedestrian/bicycle trail easement and bridge easement on the
parcel, the allowable floor area of the entire parcel has been
reduced by 54.7% and a significant portion of the 2.4 acres have
been preserved as open space; and
W~EREAS, the Aspen City Council having considered the Planning
office's recommendations for perpetual vested rights does wishlto
grant the requested vested rights finding that a significant amount
of open space has been preserved, public trail and bridge easements
within a critical segment of the community wide trail system have
been dedicated, and the overall floor area of the entire
subdivision plan has been reduced by 54.7%.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant perpetual vested rights status for
the allowable floor area, as defined in Section 24 of the Municipal
Code in effect on January 9, 1991, to be 8,500 square feet on
amended Lot 9 of the Gordon/Callahan PUD/subdivision, AsPen
Colorado subject to the following conditions:
1. The vested right of 8,500 square feet of allowable floor area
shall exclude the garage.
2. The vested right of 8,500 square feet of allowable floor area
shall only pertain to this parcel which is zoned Rural Residential
and shall cease to exist if the subject property is rezoned and/or
subdivided.
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3. The conditions of approval contained in Ordinance 23, Series
of 1993 granting the Gordon/Callahan PUD/subdivision amendment
shall apply to the granting of permanent vested rights to develop
8,500 square feet of allowable floor area on amended Lot 9.
4. Any failure to abide by the terms and conditions attendant to
this approval shall result in forfeiture of said vested property
rights.
5. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
6. 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 of the City provided that such reviews
or approvals are not inconsistent with the approvals granted and
vested herein.
7. 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 2: 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 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
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provision and such holding shall not affect the validity of the
remaining portions thereo£.
8~ctio~ ~: ~his Ordinance shall not effect any e×isting 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 5: A public hearing on the Ordinance shall be held on the
~ay of ~1993 at 5:00 P.M. 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 one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the ~ day of
...~'" l~ :~ ~'$';'? John ~ennett, Mayor
'Ka~r~i~'Koch/ City Clerk
FINALLY, adopted, passed and approved this ~ day of
~1993.
~ ~athryn ~.~h~ c~ty Clerk
......... ,/