HomeMy WebLinkAboutordinance.council.010-91 ORD~¢~ ~0,10
(SEi~_TES OF 1991)
AN ORDINANCE OF T~u~ CITY COUNCIL OF ABPEN, COLORADO, GRANTING
SUBDiviSION, ~uDD±¥±SION ~"~[~TION FOR A LOT SPLIT, FINAL PUD
D~v~OPKENT PLAN APPROVALAND VEST/]~G OF DEVELOPMENT
RIGHTS FOR 1001 uT~ A~ENu~
W.~w~, the 1001 Ute Avenue Partnership submitted an
application for a Subdivision Exemption for a Lot Split, 8040
Gresnline review, Conditional Use and PUD Development Plan Review
(as consolidated Final review) to the Planning office; and
WM~w~EAS, referral co~u~ents were received from Engineering
Department, Environmental Health Department, Sanitation District,
Pire Marshal, Pitkin County Planning, and the City Attorney; and
W.~w~EAS, the City Attorney made an interpretation based on
the definition of "Subdivision" in the Aspen Land Use Code that
the existing long term lease held by The Gent Condominiums for
the area containing the three tennis courts already constitutes a
subdivision and therefore this project was not eligible for
processing only as a Subdivision Exemption for a Lot Split; and
W-~w~EAS, the Applicant amended his application to add a two-
step Subdivision process for three lots, with development review
for two single family lots and the tennis court lot deed
restricted against any future development. The applicant also
retained his submittal for a Lot Split for the development rights
for the two single family residences; and
W~Kw~_~S, on April 2, 1991, a public hearing was held before
the Aspen Planning and Zoning Com~ission and having reviewed the
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application pursuant to the applicable code sections, the
Commission voted 7-0 to approve with conditions the Conditional
Uses for an Accessory Dwelling Unit in each single family
residence and 8040 Greenline Review. Resolution #91-11
memorializes these approvals; and
W.K~j~S, with the same vote, the Planning and Zoning Commission
recommended to city Council approval with conditions for the
Subdivision and Final PUD Development Plan; and
W-K-~2~S, pursuant to the Aspen Land Use Code, the city
Council may grant approvals to PUD (Division 9), Subdivision and
Subdivision Exemption (Division 10) and Vesting of Development
Rights (Section 6-207); and
WH~k~i the Aspen City Council having considered the
Planning Commission's reco~/~endations for Subdivision and Final
PUD approval does wish to grant these approvals for the 1001 Ute
Avenue Project and vest the development rights for a period of
three years.
NOW, TffJ~cEFORE, BE IT ORDA/N~U BY TH~ CITY COUNCIL OF TN
CITY OF ASPEI~, COLORADO:
Section 1:
That it does hereby grant Subdivision and Final PUD Approval
for the 1001 Ute Avenue project with the following conditions:
1) All plat requirements as stated in Section 7-1004 C. and D.
shall be shown on plat prior to approval by the Engineering
office.
2) Any required plans for the necessary improvements in Section
7-1004 C.3.a. must be submitted and approved prior to
issuance of any excavation or building permits.
3) Easements for Spar Gulch drainage, 12' nordic/pedestrian
trail, and two waterlines, as described in Engineering's
referral comments must be shown on the plat.
4) The applicant shall agree in writing on the plat to join the
Ute Ave. Improvement District that is being formed to
address the roadway, lighting, drainage, and sno~
removal/parking problems.
5) The lot line separating Lots 1 and 2 shall be moved to the
east approximately 5 feet so that the Lot 1 side setback can
be achieved without a variation.
6) One space per bedroom or twelve parking spaces must be
identified on the Final Development Plan.
7) The driveway curbcut on Ute Ave. shall not exceed 18' in
width.
8) A trash service are must be sho~rn on the plan.
9) Gas Fireplaces and wood stoves must be certified and
approved through the Environmental Health department.
10) A 50' minimum radius for the cul-de-sac is required. If the
radius cannot meet the appropriate dimension, the structures
must be protected by fire sprinkler systems.
11) The pedestrian access shall be redesigned to be less urban
in character. The sidewalk adjacent to the driveway shall
be eliminated.
12) The applicant shall participate in improvements in the
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Sanitation Department's lines by a payment of $3,000.00 per
unit (in addition to the regular connection fees.) The per
unit payments shall be due prior to ~ssuance of building
per~its for the individual units.
13) All clear water connections such as roof and foundation
drains cannot enter the District's system. Surface run-off
must be handled on-site or by the City's storm water system,
if available.
14) Sewer lanes/connections shall meet the approval of the
Sanitation District. All associated fees and agreements
must be paid and recorded prior to connection onto the
District's system.
15) The tennis court lot shall be reconfigured to remove the
extraneous area to the west of the pedestrian access point.
Access to the tennis courts shall be by easement across Lot
2.
16) The portions of this parcel which lie in Pitkin County or
are encumbered by the tennis court lease shall be deed
restricted against any future development prior to filing
the Subdivision Plat.
17) All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission, City Council and Historic Preservation
Com/~ittee shall be adhered to and considered conditions cf
approval, unless otherwise amended in the conditions.
18) The Subdivision Plat, Final PUD Development Plan, and
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Subdivision/SPA Agreement must be recorded with the Pitkln
County Clerk and Recorder within 180 days of approval by
City Council. Failure to do so will render the approvals
invalid.
Section 2.
The City Council of the City of Aspen pursuant to Section 7-
1003 A.2 of the Land Use Code of the City of Aspen, wishes to
grant Subdivision Exemption for a Lot Split with the following
conditions:
1. An Accessory Dwelling Unit must be included on each lot for
which a residence is proposed as a rec/ulrement of this Lot
Split.
2. Prior to issuance of any Building Permit for a residence on
either lot, the Accessory Dwelling Unit must be dsed
restricted and comply with the conditions of approval
contained in the Planning and Zoning Co~umission's Resolution
~91-11.
Section 3:
The City Council of the city of Aspen pursuant to Section 6-
207 of the Land Use Code of the City of Aspen, wishes to vest
development rights for a period of three (3) years from the
effective date hereof. However, any failure to abide by any of
the terms and conditions attendant to this approval shall result
in forfeiture of said vested property rights.
Section 4:
That the City Clerk be and hereby is directed, upon the
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adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
So,ion 5:
A public hearing on the Ordinance shall be held on the /~
day of ~ , 1991 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
~T~ODUC~, R~2%D i%ND O~ p~.K.~ as provided by law,
by the City Council of the City of Aspen on the ~-~-~ day of
~*,?. , adopted, passed and approved this /~%~-~--- day of
willi~ L. stifling, Mayor
~~h, City Clerk