HomeMy WebLinkAboutordinance.council.039-97 ORDINANCE No. 39
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
SUBDIVISION EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT
FOR 930 WEST FRANCIS STREET (LOTS L, M, N, AND O, BLOCK 3, CITY
AND TOWNSITE OF ASPEN) ASPEN, COLORADO
WHEREAS, pursuant to Sections 26.88.030(A)(2) and 26.100.050(C)(3)(a) of
the Municipal Code, a lot split is a subdivision exemption and a GMQS exemption,
respectively, subject to review and approval by City Council; and
WHEREAS, the applicant, Dale Hower of Running Bear L.L.C., has requested to
split her 12,734 square foot parcel to create two separate single-family residential lots of
6,000 square feet and 6,734 square feet; and
WHEREAS, the Community Development Department, the Engineering
Department, the Housing Office, and the Aspen Consolidated Sanitation District have
reviewed the application and recommend approval of the lot split with conditions; and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption and GMQS exemption under the applicable provisions of
Chapters 26.88 and 26.100 of the Mtmicipal Code as identified herein, has reviewed and
considered those recommendations made by the Community Development Department
and has taken and considered public comment at a public hearing; and
WHEREAS, the City Council finds that the lot split, with conditions, meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Sections 26.88.030(A)(2) and 26.100.050(C)(3)(a) 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 to afford review and
evaluation for approval; and,
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.88.010 of the Municipal Code, which purposes include:
assist in the orderly and efficient development of the City; ensure the proper
distribution of development; encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision; improve land records and
survey monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; and, promote the health, safety and general welfare of the residents of
the City of Aspen.
~ Pursuant to the findings set forth in Section 1, above, the City Council does
hereby grant a subdivision exemption and GMQS exemption for 930 West Francis Street
with the following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved
by the Community Development and Engineering Departments and recorded in the
office of the Pitkin County clerk and recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision exemption
agreement within the specified time limit shall render the plat invalid and
reconsideration of the plat by City Council will be required for a showing of good cause.
As a minimum, the sUbdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code;
b. Contain a plat note stating that both lots created by the lot split shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
c. Indicate, as a plat note, both the verified floor area (as defined by the Municipal
Code) of the existing house in order to define the amount of credit that can be used,
and to which lot said floor area (credit) is assigned. It shall also be noted on the plat
that the developer of the lot with the credit shall have the right to decide whether to
use the credit toward an affordable housing impact fee or, instead, either construct an
Accessory Dwelling Unit meeting the provisions of Section 26.40.090 or place a
resident occupancy deed restriction on the new house;
d. Contain a plat note stating that the setback nonconformities created by the new lot
line shall be eliminated upon redevelopment of the two lots in that all new
development on the lots will conform to the dimensional requirements of the R-6
zone district;
e. Indicate a five (5) foot wide pedestrian usable space along the length of the
property's street frontage. The pedestrian space shall be located adjacent to and
abutting the property line with an additional 12.5' of landscape buffer to the street
edge to provide room for snow storage; and,
~-"' f. Contain a plat note stating that the lots contained therein shall be prohibited from
applying for further subdivision and any development of the lots will comply with
the applicable provisions of the Land Use Code in effect at the time of application.
2. As a minimum, the subdivision exemption agreement shall include the elements outlined
in Section 26.88.050 of the Aspen Municipal Code.
3. Prior to issuance of any building or demolition permits, the applicant shall:
a. Submit a site "improvement survey" that is dated within twelve (12) months of the
date submitted on, and is wet signed and stamped by a surveyor registered to
practice in the State of Colorado;
b. Submit a drainage collection and conveyance improvements plan and report
demonstrating compliance with the Land Use Code's requirements for runoff design
standards as described in Section 26.88.(C)(4)(f). The plan and report shall both be
signed and stamped by a civil/hydrology engineer who is fully knowledgeable in this
field of practice and registered in the State of Colorado; and,
c. In the event required, a tree removal permit must be obtained from the Parks
Department for any tree(s) that is/are to be removed or relocated; also, no
excavation, grading or material storage can occur within the dripline of the tree(s) to
be preserved.
4. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a
sidewalk, curb and gutter construction agreement and pay the applicable recording fees.
5. Separate utility services will be required for each lot; however, in the case of sewer
service, if the existing line is found by the Aspen Consolidated Sanitation District's
(ACSD) line superintendent to be in good condition, then it may be used by both
residences if a shared service line agreement is completed at the ACSD office.
6. In the event required, the applicant must receive approval from: · The City Engineer for design of improvements, including landscaping, within public
rights-of-way;
· The Parks Department for vegetation species, tree removal, and/or public trail
disturbances;
· The Streets Department for mailboxes and street cuts; and,
· The Community Development Department to obtain permits for any work or
development, including landscaping, within the public rights-of-way.
7. All material representations made by the applicant in this application and during public
hearings with the City Council shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by City Council.
Section 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.
Section $; This Ordinance shall not affect 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.
Section 6: A public heating on the Ordinance shall be held on the 8th day of December,
1997 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDE,~_~D, PUI~LJSHED as provided by law, by the City
Council of the City of Aspen on the ~ day o .f~~7.
JOhn Bennett, Mayor
ATTEST:
athryn S~och, City Clerk
APPROVED AS TO FORM:
Johfi Worcester, City Attorney
FINALLY, adopted, passed and approved this/~dday of~ ~1997.
Job , Mayor
AWl'EST:
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