HomeMy WebLinkAboutresolution.apz.013-04RESOLUTION NO. 13,
(SERIES OF 2004)
A RESOLUTION OF THE CiTY OF ASPENPL~NNING AND ZONING
COMMISSION RECOMMENDING CiTY COUNCIL' ~,PPiiO~ A
SUBDIVISION AND GROWTH MANAGEMENT QUOT'X SYSTEM
EXEMPTIONS FOR THE SOUTH AND GiBSON'SUiIDiViSI-OiqI,'L~O~TEDX¥
805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-073-00-031
WHEREAS, the Community Development Department received an application
from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land
Planning, LLC for Subdivision approval and Growth Management Quota System
(GMQS) Exemptions to subdivide the existing lot int° two lots and utilize the
· development rights from the demolished single'familY to redeveloP the 10tS in 'accordance
with the City of Aspen Land Use Code; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Parks,
Zoning and Water Departments as a result of the Development Review Committee
meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposal for Subdivision and Growth Management Quota
System (GMQS) Exemptions and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
approval may be granted by the City Council at a duly noticed public hearing after
considering recommendations by the Planning and Zoning Commission, the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS
Exemption approval may be granted by the Community Development Director; however,
according to Section 26.304.060 of the Land Use Code, the applicant has agreed to
combine this administrative review with the other land use approvals sought; and,
WHEREAS, the Subdivision review by the Planning and Zoning Commission
requires a public hearing and this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WHEREAS, during a regular meeting on April 20, 2004, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
where, by a three to one (3 - 1_) vote, recommended City Council approve the Subdivision
and GMQS Exemptions, with the findings and conditions listed hereinafter; and,
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
recommends that the City Council approve the Subdivision and GMQS Exemptions for
the property at 805 South Avenue, subject to the' conditions listed in Section 1 below.
Section 1:
The approval is subject to the following conditions:
1. Prior to issuance of a building permit for either new lot:
a. Park Dedication fees shall be paid for any additional bedrooms that are added
above and beyond what currently exists on the site.
b. Cash in lieu of School land dedication shall be paid.
c. Any proposed new dwelling shall demonstrate their compliance with the
Residential Design Standards.
d. An approved tree permit is required from the City Forester. An approved tree
permit requires a proposed landscape plan identifying trees for removal and
means of mitigation.
e. An outdoor lighting plan for each residence shall be submitted.
f. All tap fees, impacts fees, and building permit fees shall be paid.
g. The private well for the existing house must be abandoned and a new
municipal water service installed.
Prior to commencement of construction on either lot, a vegetation protection
fence shall be erected at the drip line of each individual tree or groupings of trees
remaining on site. There shall be no excavation, no storage of construction
material s, backfill, equipment, tools or construction traffic inside of the protective
fence. This fence must be inspected by the city forester or his/her designee before
any construction activities are to commence.
The existing house need not be demolished to accommodate the newly created lot
boundaries and the encroachments into the side yard setbacks may continue to
exist for the life of the original structure only. Upon redevelopment, all structures
on these two (2) lots shall comply with the R-6 Zone District provisions with
respect to the newly created lot boundaries and setbacks. The subdivision plat
shall grant an easement to allow for the existing residence to be maintained across
the new lot line and shall function for the life of the existing structure only. The
existing house floor area shall be noted on the subdivision plat.
The driveway for Lot 1 (the coruer lot) shall be placed as far as possible from the
South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be
constructed to allow cars to turnaround onsite and avoid backing onto the street.
The applicant shall construct sidewalks, in compliance with City standards for the
portion of the property fronting Gibson Avenue and South Avenue.
The subdivision plat shall show an easement for utilities, roadway and future
sidewalks. Instead of multiple easements, a single 'non-exclusive common
easement' may be platted with appropriate plat notes. No structures or trees shall
be placed in the easement without the permission of the City Engineer and
applicable utilities.
Prior to the recordation of the subdivision plat, a design of the sidewalk and
curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and
gutter design will allow the accurate depiction of the easement on the plat.) The
curb location along Gibson Street will be dictated by the need for a 24:foot
minimum street width. The design needs to include a site plan with adequate
contours and spot elevations to demonstrate that gutter will have a 0.75% slope
(minimum) towards a storm drain and show the extent of re-grading Gibson St.
The sidewalk, curb and gutter along both lots shall be installed as part of the next
building permit for either lot 1 or lot 2. No Certificate of Occupancy will be
given until the sidewalk, curb and gutter is installed.
No proposed structure or landscaping over 30 inches tall shall be installed in a
sight triangle located 30 feet within the Gibson/South St intersection.
A subdivision agreement and plat shall be recorded in the office of the Pitkin County
Clerk and Recorder within 180 days following City Council approval.
10.
All uses and construction shall comply with the City of Aspen Water System
Standards, with Title 25, and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
11.
There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This
restriction shall not apply to condominiumizing two single-family dwelling units
or a duplex constructed on the lot.
Section 2:
This Resolution 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.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
APPROVED by the Commission at its regular meeting on April 20, 2004.
APPROVED AS TO FORM:
David Hoefer, Ass--~. C~y Attomey
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
ATTEST:
/jckie Lothian, Deputy City Clerk