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HomeMy WebLinkAboutordinance.council.012-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. /~ (Series of 1974) AN ORDINANCE AMENDING ORDINANCE 19, SERIES OF 1973, DESIGNATING CERTAIN DESCRIBED AREAS OF THE ASPEN LAND USE PLAN R-15 RESIDENTIAL AND R-6 RESIDENTIAL WITH MANDATORY P.U.D. DEVELOPMENT; AMENDING AND INCREASING THE MINIMUM LOT SIZE FOR DUPLEX DWELLINGS IN THE R-6 DISTRICT; AMENDING ORDINANCE 19 TO ALLOW THE DESIGNATION OF MANDATORY P.U.D. DISTRICTS; IMPOSING ADDITIONAL REVIEW CRITERIA IN MANDATORY P.U.D. DISTRICTS; AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, the Aspen Planning and Zoning Commission wishes to adopt the recommendations of the Planning Department and its Advisory Committee to amend the 1973 Aspen Land Use Plan and designate certain areas therein as R-15 Residential and R-6 Residential; and to amend the text of Ordinance 19 to allow the designation of mandatory P.U.D. zones, with additional review criteria in areas so designated and to increase the minimum lot sizes for duplexes in the R-6 Residential District, and WHEREAS, the Aspen Planning and Zoning Commission has requested that the amendments to Ordinance 19 be enacted with all due speed in anticipation of further development requests in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Ordinance 19, Series of 1973, be amended to require that the Minimum Lot Area for Two Family Dwellings in all R-6 Residential districts shall be 9000 square feet. RECORD OF PROCEEDINGS 100 Leaves Section 2. That the Aspen Land Use Plan, a component of, and incorporated in, Ordinance 19, Series of 1973, which plan is dated March 6, 1973, be amended by the designation from Mixed Residential to R-15 Residential Mandatory P.U.D. ef 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 Office to the woutheasterly corner of Lot 10; thence N 61° 27' W 83.79 feet along the southerly 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 (2) RECORD OF PROCEEDINGS 100 Leaves 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, 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 (3) RECORD OF PROCEEDINGS 100 Leaves 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 Aspen Land Use Plan, a component of, and incorporated in, Ordinance 19, Series of 1973, which plan is dated March 6, 1973, be amended by the designation from Mixed Residential 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 and the northwesterly line of easement as line of Ute Avenue the Aspen Alps access shown at Plat Book 3, Page 54 in the (4) RECORD OF PROCEEDINGS 100 Leaves 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 condominium plat; 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 ans 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 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 (5) RECORD OF PROCEEDINGS 100 Leaves to the southwesterly corner of the Little Nell 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 along the westerly right- of-way line of West End Street and Wagon Road to the point of beginning. Section 4. That Section 2, I of Ordinance 19, Series of 1973, be amended by the addition of subsection F which subsection F shall read as follows: "F. Wherever the Aspen Land Use Plan 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 ordinance, all develop- ment of such areas is required to proceed according to the provisions of Section 24-10.1 of the Aspen Municipal Code, P.U.D. planned unit development. In addition to any other elements of review provided for by said section 24-10.1, et seq., in all areas designated mandatory P.U.D. the Planning and Zoning Commission may allow construction of more than two dwelling units per structure. In determining the allowable number the Cormnission shall consider the following: (6) RECORD OF PROCEEDINGS 100 Leaves 1. whether there exists sufficient water pressure and other utilities to service the intended development; 2. the existence of adequate roads to insure fire protection, snow removal and road maintenance; 3. the suitability of the site for development considering the slope, ground instability, and the possi- bility of mud flow, rock falls and avalance dangers; 4. the affects of the development on the natural watershed, runoff, drainage, soil erosion and conse- quent effects on water pollution; 5. the possible effects on air quality in the area and city wide; 6. the design and location of any proposed structure, roads, drive- ways, or trails and their compat- ibility with the terrain; 7. whether proposed grading will result in the least disturbance to the ter- rain and other natural land features; the placement and clustering of structures and reduction of building height and scale to increase open (7) RECORD OF PROCEEDINGS 100 Leaves space and preserve the natural fea- tures of the terrain." Section 5. Because of the need for an immediate amendment to the provisions of Ordinance 19, Series of 1973, to anticipate demands for development permits in the affected areas in the near future, it is hereby declared that an emergency exists and that this ordinance shall take effect upon final passage and be published within ten (10) days after final passage, or as soon thereafter as possible. Section 6. 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 7. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen, Colorado, on the day of ~~ , 1974.-~ . ATTEST: -~ City Clerk _tac~/ ~t_nd_e/ / Mayo~ ~.~/ RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, PUBLISHED this PASSED, day of APPROVED AND ORDERED ~~_~, 1974. ATTEST: STATE OF COLORADO) ) COUNTY OF PITKIN ) ss CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 11 , 197__4, and published in the Aspen Times a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of March 14 , 1974, and was finally adopted and approved at a regular meeting of the City CoUncil on M~h 25 , 197~, and ordered published as Ordinance No. 12 said City, as provided by law. Series of 19~__, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, day of March , 197___4. this 26th ~__--L~6rraine Graves, City Clerk