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HomeMy WebLinkAboutordinance.council.020-03 Page: 1 =( 4 05/14/2003 Il :511~ $ILVZg~ D~VIS PTTKIN OOUNTY 00 R 21.0~) D 0.00 0F 2003) ' AN ORDINANCE OF TI-IE ASPEN CITY COUNCIL APPROVING THE SUBDIVISION OF LOTS 4A AND 5A, OF THE INDEPE~ENCE NO~ 2 SUBDIVISION TO CREATE LOTS 1, 2, AND 3, OF THE pARK_DALE SUBDIVISION, CITY OF ASPEN, PITKiN COUNTY; COLO~DO~ Parcel ID: 2737-181-33-051 Parcel ID: 2737-181-33-052 WHEREAS, the Community Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and 5A, of the Independence No. 2 Subdivision to create Lots 1, 2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards the Community Development Department recomanended approval, with conditions, of the proPosed subdivision; and, WltEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved by a five to one (5-1) vote, a resolution recommending that City Council approve the proposed Subdivision with conditions; 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, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City CoUncil finds that the development proposal meets or exceeds 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 is necessary for the promotion of public health, safety, and Welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Parle: 2: of' 4 05/14/20~3 1! STLVlI~ O~VIS PTTK~N COUNTY CO R 21.00 D 0.00 Section l pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the application to subdivide Lots 4A and 5A, of the Independence No. 2 Subdivision to create Lots 1, 2, and 3, of the Park Dale Subdivision is hereby apprOved with the following conditions: 1. The applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2. The City of Aspen and the Streets Department shall be held harmless and shall not be responsible for damages or losses to landscaping installed by the applicant on Lot 3 alongside the Dale Avenue right-of-way; it is understood by the applicant that such damages or losses may result from routine road maintenance and plowing activities. 3. The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoining/surrounding right-of-ways prior to building permit issuance for any lot within the subdivision. 4. The applicant shall relocate the existing sewer line that runs under the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right-of-Way at the applicant's expense prior to issuance of a building permit on Lot 3 of the subdivision. The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distance t° be maintained between the water and sewer lines. 5. The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 7. The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. 8. The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom. If the residence on Lot 1 is remodeled pursuant to the definition of a remodel in the City Land Use Code, the exiting setback non-conformities may be maintained but not expanded. Page: 3 o{ 4 05/14/~'003 11:51~ SILVIR DAVIS PITKIN COUNTY CO R 21.~1~ D 8,~ ~ 9. The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision. 10. The applicant shall install an underground outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E. Hopkins Avenue when the overhead utility lines are placed underground. ll. The two (2) units to be constructed on Lot 3 may have one driveway that enters off of Park Avenue and one driveway that enters off of Dale Avenue. A circular driveway that connects the driveways to be accessed from Park Avenue and from Dale Avenue shall be prohibited. If two (2) driveways are to be constructed from Park Avenue on the three (3) lots within the subdivision, the driveways shall be at least thirty (30) feet apart, or as may be otherwise approved by the City Engineer. 12. The applicant shall install root barriers on the Lot 3 property along the Dale Avenue right-of-way as necessary to eliminate the cause of pavement uplifting and prevent root growth under the street pavement. 13. Any trees planted on Lot 3 and adjacent to the Dale Avenue right-of-way will be located such that the drip lines remain two (2) feet back from the southerly property line/northerly edge of pavement. 14. The applicant shall provide for and install improvements to ensure stabilization of the northerly edge of the Dale Avenue pavement along the Lot 3 frontage, and the design of such improvements shall be subject to approval by the City Engineer. 15. This subdivision approval is contingent upon the current owner selling the property that is described as Lot 5A, of the Independence No. 2 Subdivision to Coast Pacific Asset Management, Inc. in order to release the existing duplex on Lot 5A from the employee housing restrictions that are set forth in the agreement that is recorded at Book 387, Pages 452-455 in the Pitkin County Clerk and Recorder's Office. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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 authorized entity. Section 3: 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. Page: 4 of 4 05/14/2003 1] SZLVIA DRV?S PITKIN COUNTY CO R 21,05 O 0.00 Section 4: ~f ~y section, subsection, sentence, clause, p~e, or potion of t~s ordnance ~s got ~y reason held invalid or ~consfi~tional Jn a co~ of compm~t j~s~ction, such potion sh~l bc deemed s~ate, distinm ~d ind~endent provision ~d sba1] not affect the validity of thc potions Section 5: A public hc~ng was conducted on ~e 28th day o~ April at 5:00 PM in CiLy Cocci1 Aspen City HaH, Aspen, Colorado, ~ecn (15) days prior to which he~n~ a public nofic~ of the s~c w~ published in a newspaper of gen~ c~rculmion wi~n the City of Aspen. INTRODUCED, ~ ~D O~E~D PUBLISHED as provided by law, by ~e Ci~ Co~cJl ogthe City of Aspen on ~s 14th day ogApd], ~003. HeWn Kalin KlandeXl~,~ayor adopted, passed and approved by a four to one (4-1) vote on this 28th day of April, 2003. Attest: Kathr , Clerk Approved as to form: 4~J~n '~/or~&ter', ~2ity Attorney