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HomeMy WebLinkAboutordinance.council.025-96 e . - "- II....... 1\IlImII ORDINANCE 25 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION APPROVAL AND GMQS EXEMPTION TO ROBERT ZUPANCIS AND SILVIA DAVIS FOR PROPERTY LOCATED AT 510 WALNUT STREET AND 5H RACE STREET, ASPEN, COLORADO. WHEREAS, the applicants, Robert Znpancis and Silvia Davis, have snbmitted an application to subdivide their property located at 510 Walnnt Street and 511 Race Street, which is more specifically described as South 1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, William's Addition to the City and Townsite of Aspen, Colorado; and a parcel of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 Sonth, Range 84 West City of Aspen, Colorado being more fully described as follows: beginning at the SE corner of Lot 12, Block 3, William's Addition; thence South 40 33' 07" West, 36,01 feet; thence South 83 49'00" West, 43,64 feet; thence 58,72 feet along the arc of a curve to the right having a radius of 245,00 feet; thence North 00 40'00" East, 32,82 feet to the SW comer of said Lot 12; thence South 89 20'00" East 125,00 feet along the South boundary line of said Lot 12 to the Point of Beginning; and WHEREAS, the Planning and Zoning Commission (Commission) reviewed the development proposal in accordance with those procedures set forth at Section 26.52,060(A)(5)(b) of the Municipal Code and did conduct a public hearing thereon June 18, 1996; and WHEREAS, upon review and consideration of the application for subdivision, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26,88 (Subdivision), the Planning and Zoning Commission has recommended approval of the Zupancis Subdivision application subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and e - e "'IlIIUII" Ordinance No, 7-0, Series of 1996 Page 2 WHEREAS, the City Council finds that the subdivision meets or exceeds all applicable development standards and that the approval of the subdivision 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 public health, safety and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That it does hereby grant a subdivision of 510 Walnut Street and 511 Race Street, to the City of Aspen, Colorado, Section 2: Pursuant to Sections 26,88 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: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval. 2, The subdivision 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 consnmer protection for the pnrchaser. 3, The subdivision is well-planned and complies with the standards for the desigu of a subdivision, Section 3: Pnrsuant to the findings set forth in Section 2 above, the City Council does hereby grant subdivision approval for the Zupancis Subdivision subject to the following conditions: ] , Any costs for new public services that must be installed or upgraded shall be borne by the applicant including a sidewalk, cnrb and gutter if required, 2, Prior to the issuance of any building permits, the applicant shall submit a subdivision plat and Subdivision hnprovement Agreement in accordance with Section 26,88,040(C and D) and Section 26,88,050 of the Municipal Code for review by the Community Development Departments and the City Attorney, e e e Ordinance No,:25', Series of 1996 Page 3 The final Subdivision plat and agreement must be filed within 180 days of final approval or subdivision approval is void, The final plat shall be submitted on a 3,5" diskette in DXF format compatible with the City/County ArcInfo system. The base data for the parcel prior to subdivision shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system. 3, The Subdivision agreement shall include the following: a, letters from all utility providers stating they have inspected and approved the final development plan; b, restrictions regarding the future installation of fireplaces and woodstoves; c, language stating that there shall be a no parking zone extending from South Street and continuing forty-five feet along Walnut Street; no parking shall be permitted within five feet of the existing fire hydrant; and parking shall prohibited in the Race Alley right-of-way and on South Avenue; d, at the time of demolition for the residence at 51 0 Walnut Street, the applicant shall either set up a new yard hydrant on the existing domestic water service line to the new stmcture along with the establishment of a constmction account, or abandon all existing water service lines fronting the property; e, water service lines for both Lots I and 2 shall be brought into compliance with CUlTent water service standards of the Aspen Water Department for a single-family or duplex, as appropriate for each lot; f, financial assurances that are approved by appropriate City and utility providers prior to recordation of the agreement; g, recorded deed restrictions, subject to the regulations in effect at the time the deed restrictions are recorded, for the affordable housing units shall be effective when a building permit is issued or within seven years of final approval of the subdivision by Council, whichever is earlier, with the proviso that the deed restrictions may be released if circumstances change such as the subdivision plat and approval is made invalid; h, a tracking mechanism to ensure that recordation of the affordable housing deed restrictions or the payment of the applicable affordable housing impact fee(s) occurs prior to the issuance of any building permits for the individual free-market residences; 1. floor plans of the two, existing residences indicating that the units are consistent with the square footages and number of bedrooms represented; J, language stating that the owners hereby acknowledges the sidewalk snow removal requirements of Chapter 21.32 of the City Code and included in the covenants that the property owner of Lot 2 will immediately assume responsibility for snow removal along the South A venue sidewalk and e e ..-- - 1:!lI1~._ Ordinance N 0,2-5', Series of 1996 Page 4 any future sidewalk along Walnut Street, will be the shared responsibility of the property owners of Lots 1 and 2 for snow removal; k. the applicant shall remove some of the existing aspen trees within the snow storage easement to improve the snow storage capacity along South Avenue, 4, The final Subdivision plat and plan shall include the following: a, a plat note shall include the following language, "when either lot is sold to a new owner, or a demolition or building permit is requested for either lot, that portion of the existing house at 510 Walnut Street that encroaches into Lot 2 shall be removed.' b, a plat note shall include the following, "for the area contained in the Superfund Site, the mitigation procedures that are prescribed in the City of Aspen Ordinance 94-25 shall be followed," c, all transformer and utility easements, 5, Prior to the issuance of any building permits: a, tree removal permits from the Parks Department shall be required for the removal of any tree 6" in caliper or greater and any trees proposed to be saved shall be protected during construction, including no digging within the tree driplines; b, the applicant shall file with the Environmental Health Department, a fugitive dust plan and construction and soil moving plan that adheres to the Smuggler Superfund site and administered by the Environmental Health Department; c, a deed restriction for affordable housing units shall be filed with the Housing Office, The deed restriction shall adhere to the Housing standards and guidelines in effect at the time of recordation; and d, a storm drainage plan and landscape plan shall be reviewed and approved by appropriate City Departments, 6, Any irrigation system that is to be installed shall be in compliance with Section 8.40,030 of the Water Conservation and Plumbing Advisory Code, 7, The applicant shall maintain the historic runoff patterns that are found on site, 8, The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way, 9, At the completion of each phase of the work, the applicant shall submit a statement by a registered surveyor that all required survey and property monuments remain in place or have been re- established as required by Colorado Revised Statutes, e . e .__~__N Ordinance No,ZS-, Series of 1996 Page 5 10, Prior to the issuance of Certificate of Occupancy for the various stages of the project, the applicant shall submit reproducible mylar as-built drawings of sidewalk, utility improvements and all other work located within the public rights-of-way, showing horizontal and vertical locations within one foot accuracy of all utilities, including their size and identification, together with any other features encountered during excavation within the rights-of-way, The as-builts shall be signed and stamped by a registered professional engineer. The as-builts shall also be provided to the City on a 3,5" diskette in DXF format compatible with the City GIS ArcInfo system, The base data for the parcel shall be obtained from the City/County data processing department to ensure that the subdivision DXF file fits the GIS system, As-builts shall include the building footprints and site improvements, II, All lighting fixtures shall face downward and be shielded to eliminate the potential for glare or nuisance to ueighboring properties, Lighting along exterior walkways and driveways shall be low to the ground (approximately three feet high) and shielded, 12, All work in the public right-of-way shall require a permit from City Streets Department. 13, DUling construction, noise cannot exceed maximum permissible sound level standards, and construction can only occur between the hours of 7 am and 10 PM, 14, All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions, Section 4: 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 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. Section 6: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen days following the final adoption hereof, Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: e e .......... _,~M"""'" Ordinance No, 2'7, Series of 1996 Page 6 The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 7: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on the Ordinance shall be held on the 12th of August, 1996 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of August, 1996, ~ L~~,;;::tr John, ~nnett, Mayor :J~ ATTEST: Kathryn S, ~ h, City Clerk FINALLY, adopted, passed and approved this /.2 day of ~~ ,1996, ~~ I?~~~ John I!~nnett, Mayor ATTEST: ~ Kathryn S, Koch