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Home My WebLink Aboutordinance.council.017-04 0B/01/2004 11 SILVIA DAVIS ~ITKIN COUNTY CO R 21.00 O 0.00 ORDINANCE NO. 17, (SERIES Ol* 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT I STRANDBERG LOT SPLIT A/K/A LOTS A- D & W ½ LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks 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 proposed plan 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 and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; 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 four to one (4-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, 09/01/2004 11 SILVIA DAVIS PITKIN COUNTY CO R 21,0(D D 0.00 WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28, 2004 and, by a vote of ~ to ~) (_ - _), approved this Ordinance (on Second Reading) for Subdivision; NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The McGarvey Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit: 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. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards or any needed variances shall be obtained. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley. g. 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. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. i. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted and reviewed by the City Zoning Officer as part of the building permit if a credit is to be used against any required payment of cash-in-lieu of an accessory dwelling unit (ADU). 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 SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.08 two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Construction of a house on the second lot shall only be possible if the existing house is removed. The language of this condition shall be noted on the subdivision plat and in the subdivision agreement. Prior to Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property of the adjacent lot. 4. A new curb shall be installed in place of the abandoned driveway prior to final inspection for a structure on either lot. 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 to be preserved. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall be required prior to issuance of building permit. 6. 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. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 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 either lot created by this approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either or both lots shall be permitted and shall not be construed as a duplex or a subdivision. Section 2: This Ordinance 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. 0B/01/2004 11:261 SILVI~ DAVIS PITKIN COUNTY GO ~ 2~.00 D 0.00 Section 3: 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 4: A public hearing will be held on this ordinance the 28th day of June 2004 in the Aspen City Council Chambers. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of May, 2004. ~ty Clerk FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. City Clerk APPROVED AS TO FORM: J~~'s~:, ~ity Attorney