HomeMy WebLinkAboutordinance.council.037-02 ORDINANCE No. 37
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AppRovING A SUBDIvISION
EXEMPTION LOT SPLIT FOR LoTs 1 AND 2 OF THE PROPERTY TO BE KNOWN
AND DEDICATED ASTHE GRIFF1TH PROPERTY LLC LOT SPLIT LOCATED AT 700
GIBSON AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-00-019
WHEREAS, the Community Development Department received an application from the
Griffith Property LLC, applicant, represented by Alan Richman of Richman Planning Services
for a Subdivision Exemption Lot Split of a metes and bounds parcel to be known as Lot 1 and
Lot 2 of the Grifflth Property Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin
County; and
WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Cotmcil. in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance approve,
approve with conditions, or disapprove a development application for a Subdivision Exemption
Lot Split, after recomamenda~i0n by the Community Developmen~t ,D~artme~t pursuant
Section 26.480.(~40(B); a~.d, .
WHEREAS, the Community Development Department reviewed the applicafion~::for a
Subdivision Exemption Lot Split for the proper~y to be described as-Lots l ;and 2 oft. he Griffith
Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado
and recommended approval; and,
WHEREAS, the Fire Marshall. Aspen Consolidated Sanitation Distfiet,~ the ~C. ity .Water
Deparrmem, the City Engineering Department. the City Parks Department, the City Electric
Deparmaent, and Holy Cross Electric have reviewed the application and provided referral
comments: and.
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified, herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a publie hearing; and,
WHEREAS, the City Council finds that the development proposal meets or ~exeeeds all
applicable development standards and that the approval of the development proposal, 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 'i'g n~c~'.~ f6r the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for Lots 1 and 2 of the proper~y to be known and described as
5ILV~O ~)av~s ~T~m COUNTy CO -~"~'~6.00 D 0.0001:291~
Lots 1 and 2 of the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen,
Pitkin County, is approved with the following conditions:
1. The applicant shall submit and record a subdivision exemption plat which
meets the terms of Chapter 26.480, and conforms to the requirements of the
Land Use Code, in the office of the Pitkin County Clerk and Recorder no later
than 180 days after approval of this ordinance. The plat shall also include the
lot sizes of both Lot 1 and Lot 2, of the Griffith Property, LLC Lot Split.
Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot
line that separates Lot 1 from Lot 2 and show all easements of record. '
2. The applicant shall submit and record a subdivision exemption agreement
which meets the terms of Chapter 26.480.030, and conforms to the
requirements of the Land Use Code, in the office of the Pitkin Cotmty Clerk
and Recorder no later than 180 days after approval of this ordinance.
3. The Lot Split Plat shall exhibit two lots in conformance with the R-6 Zone
D/strict and shall include the following plat notes:
a. Upon redevelopment, all structures on these two lots shall comply with
the R-6 Zone District provisions.
b. The developer of Lot 2 shall be deemed exempt from GMQS to
develop one or two detached residential units or a duplex by
complying with the standards of Section 26.470.070(B).
c. The developer of Lot 1 shall be exempt from the Growth Management
Quota System by virtue of extinguishing a Transferable Development
Right that is acceptable to the City Attorney.
d. No further subdivision may be granted for these lots nor will any
additional units be built without receipt of applicable approvals.
4. Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and GMQS
Exemptions.
5. The applicant shall obtain a tree removal permit prior to remowng any trees
from the site in which a tree removal permit is required pursuant to Section 11
of the City of Aspen Municipal Code. Any tree to remain on-sire during the
development of Lots 1 and 2 shall have it's drip line fenced offprior to, and
throughout construction.
6. The applicant shall install curb and gutter to link the existing curb and gutter
along Lone Pine Road with the existing curb and gutter on the comer of
Page: 2 or 5
',,2/05/2002 0! :29P
Gibson Avenue and Lone Pine Road (see Exhibit "D" for map) prior to
requesting final building inspections for any of the dwelling units on the
subject parcels. In addition, a sidewalk that meets the City Engineer's
standards shall be installed along Lone Pine Road from the end of the existing
sidewalk on the comer of Gibson Avenue to the northernmost property line of
Lot 2 (see Exhibit D for map) pr/or to requesting final building inspections for
any of the dwelling units on the subject parcels. The applicant shall also sign
a curb, gutter, and sidewalk agreement prior to recording the lot split plat.
Furthermore, the applicant shall vacate and fill in the Curb cut that exists on
Gibson Avenue to the satisfaction of the CitY Engineer.
7. The applicant shall install a fire sprinkler system that meets the requirements
of the Fire Marshall in any of the proposed residences that exceed 5,000
square feet in size.
8. The applicant shall grant a twenty (20) foot wide easement for future water
service to the City of Aspen in exchange for the City vacating the Right-of-
Way Easement for Pipes and Mains that is recorded.at the Pitkin CoUnty Clerk
and Recorders Office in Book 24 at Page 59. The future water service
easement shall straddle the proposed property line that splits Lot 1 from Lot 2
of the Griffith PropertY~ LLC Lot Split. The future water service easement
shall be shown on the final lot split plat.
9. Vehicular access to LOts 1 and 2 shall meet the Fire Marshall's requirements.
10. The applicant shall comply with the Aspen Sanitation District's roles and
regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall
require the use of a pumping station:
11. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding
the handling of any contaminated soils Within the former Smuggler Superfund
Site prior to any excavation on and/or prior to the application for building
permits on both lots. All contaminated soils that are removed from the site
shall be transported to the Pitkin County Landfill and disposed of at the
Smuggler repository. All soils on Lots 1 and 2 shall be considered
contaminated unless determined otherwise through testing that adheres to the
protocols that were established by the Environmental Protection Agency
pursuant to Ordinance No: 25, Series of 1994. Any disturbed soil or material
that is to be temporarily stored above ground or remain on site shall be
securely contained on and covered with a non,permeable tarp or other
protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
Prevent windblown dust from disturbed dirt.
12. The applicant shall submit a dust suppression plan for approval by the City
Environmental Health Department prior to any activity or development
occurring on the site. All activity or development shall be accompanied by
dust suppression measures such as the application of water or other soil
surfactant to minimize the creation and release of dust and other particulates
into the air. No dirt may be tracked onto paved roads without being
immediately removed.
13. The owner and general contractor of any development on Lots 1 and 2 of the
Crriffith Property Lot Split shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of
1994 prior to any excavation and/or issuance of building permits for the
property.
14. The owner shall complete the Soil Removal Permit and Affidavit for
excavation prior to any excavation or disturbance of dirt and prior to any
issuance of building permits for the properties.
Section 2:
Upon application for building permit for Lot 1, the applicant Shall provide to the City Zoning
Officer a recorded document that describes the referenced Transferable Development Right,
owned by the applicant and identified in the Pitkin County records as reception no. 464389, as
extingUished and void. Extinguishment of said TDR shall fully exempt the development of one
single-family residence from the requirements of growth management, including those related to
affordable housing or cash-in-lieu thereof.
Section 3:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the 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 an author/zed entity.
Section 4:
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 rep.ealed or amended as
herein provided, and the stone shall be conducted and concluded under such prior ordinances.
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 28th day of October, 2002.
~..:~ i~ Helen KaiinN~l~ a, Mayor
Kath~:y .n ,Ci~ Clerk
FINALLY, adopted, passed and approved by a vote of four to zero (4-0) tiffs 1 lth day of
November, 2002.
Attest:
Kathryn S,]~c'h, ~y Clerk fqel~n l~Ki/all'd'~ d, Mayor
Approved as to form:
~6h~Worce'~t~r, City Attorney