HomeMy WebLinkAboutordinance.council.017-94 (8~ZES OF ~994)
AN O~DZh~NCB OF THE ~PEN CITY ~CZL ~ZNG ~ 8~DZVZSZON
~ZON ~ ~QB ~ZON FOR A ~ 8PLZT FOR 795 ~WS
~g 3 ~ 4 ~ ~ NOR~T L/4 ~ ZN gE~ZON L2~ TO~SHZP
~, p~suant to Sections 24-7-1003 and 24-8-104 C., of
the Municipal C~e, a lot split is a su~ivision exemption and GMQS
exemption reviewed by city Council; and
~, the applicants, James and Florence Adams, have
forested to split their 35,305 s~are foot parcel to create a
second residential parcel; and
~ the Planning Department has reviewed the application
and reco~ends approval of the lot split with conditions; and
~, the Aspen city Council has reviewed and considered
the su~ivision exemption and GMQS exemption under the applicable
provisions of the Municipal Code as identified herein, has reviewed
and considered those reco~endations made by the Planning
Department and has taken and considered public cogent at public
hearing; and
~, the city Council finds that the lot split, with
conditions, meets or exceeds all applicable development standards;
and
~, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.-
NON, ~EFORE~ BE iT O~AI~D BY ~E CITY CO.OIL OF ~E CITY
OF ~P~, CO~ ms follows:
~e=tion 1:
~suant to Sections 24-7-1003 and 24-8-104 C. of the Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
subdivision exemption and GMQS exemption:
1. The applicant's submission is complete and sufficient
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.
Bsction 2:
Pursuant to the findings set forth in ~ection I above, the City
Council does hereby grant a subdivision exemption and GMQS
exemption for 795 Meadows Road with the following conditions:
1. Ail material representations made by the applicant in the
application and'during public meetings with the Council shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final approval
or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-7-
1004 of the Municipal Code and shall include the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No. , dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. C The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. The final plat needs to show irrigation and drainage
ditches that are located between the applicant's property line
and the centerline of the Meadows Road right-of-way.
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g. Lanquage stating that prior to the issuance of any
building permits for development on the newly created parcel,
the sideyard setback variations shall be eliminated and
development on the new parcel shall adhere to the dimensional
requirements of the R-15 zone district. In addition, the
existing home shall be either demolished or relocated to
conform with the sideyard setback requirements of the R-15
zone district.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct a sidewalk, curb and gutter if required
by the City in the future.
5. Prior to the issuance of any building permits the proposed
development or redevelopment of the property shall meet the storm
runoff requirements of Section 24-7-1004~C.4.f. This would provide
for only historic storm runoff to be permitted to leaVe the site.
6. Any new surface utility needs for pedestals or other facilities
shall be installed on an easement provided by the applicant and not
in the public right-of-way.
7. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public right-
of-way.
8. The applicant shall consult city engineering for design
considerations of development within public rights-of-way, parks
department for vegetation species, and shall obtain permits for any
work or development, including landscaping, within public rights-
of-way from city streets department.
Approval of building permit plans does not constitute approval of
design or work in the public right-of-way.
9. Prior to the issuance of any building permits, an accessory
dwelling unit shall be reviewed for the newly created parcel and
any development on the orl~ginal parcel must comply with employee
housing mitigation standards set forth in Section 24-8-104
(A)(1) (c) of the Municipal Code.
8motion 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 provision and such
holding shall not affect the validity of the remaining portions
thereof.
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Section 4:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
~der or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be condUcted and concluded under such
prior ordinances.
A public hearing on the prdinance shall be held on the d
/9~ 1994 at 5.00 P.M. in ~ ....... ~k~__ ay of
~L ~,,= ~cy uouncl~ Chamber~, A~pen City
Ha~{ Aspen Colorado, fifteen (15) days prior to which
public notice of the same ~ = .......... hearing a
· ~..~ u~ ~uDlls~e~ one
general circulation within the Cit of As e in a newspaper of
Y pn.
INTRODUCED, READ ANDORDERED P~LISHED as provided by law, by
the City Council of the City of Aspen on the _ ~./~ day of
~ , 1994.
~°hn ~ennett, Mayor
~ Koch, Cxt~ Clerk
FI~Ly, adopted, passed and approved this .~ day of
~'ohn Bennett, Mayor
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