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Home My WebLink Aboutordinance.council.043-00 ORD~N~,NCE NO. 43 (SERIES OF 2000) , AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE SANDUNES L. P. ANNEXATION LOCATED AT 815 WEST MAIN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-123-17-001 WHEREAS, the Community Devalopmant Department received an applicatinn from Susan Horsey, applicant, represented by Jennifer Causing for a Subdivision Exemption Lot Split for Lots 1 and 2 of the Sandunes L. P. Annexation located at 815 West Main Street, City of Aspen, Pitkin County; and WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after recommendation by the Community Development Department, pursuant to Section 26.480,040(B); and, WHEREAS, the community Development Department reviewed the application for a Subdivision Exemption Lot Split for Lots 1 and 2 of the Sandunes L. P. Annexation located at 815 West Main Street, City of Aspen, Pitkin County, Colorado and recommended approval; and, WttEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the 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, WltEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots 1 and 2 of the property to be known and dedicated as the Sandunes L. P. Annexation located at 815 West Main Street, City of Aspen, Pitkin County, is approved with the following conditions: 12 1. That the applicant agrees that land use approvals decided upon in this application for Subdivision Exemption Lot Split for Lots 1 and 2 of the SandUnes L. P. Annexation are contingent upon successful annexation and rezoning to R-15 of the Sandunes L. P. Lots 1 and 2 into the City of Aspen. Failure of this annexation into the City of Aspen shall render all land use approvals by the City of Aspen null and void pursuant to this Ordinance; 2. That the applicant submits a drainage mitigation plan meeting with the approval of the City Engineering Department to address temporary sediment control and containment plans for run-off for the construction phase and erosion control, soil stabilization, and re-vegetation in disturbed areas; 3. That the applicant shall install a sprinkler system because the residence is larger than 5,000 square feet as per the requirements of the City of Aspen Fire Department; 4. That the applicant shall not line public roads with equipment or trucks during construction. Enforcement by the Building Department may result in project shutdown; 5. That the applicant submits a construction traffic maintenance plan to the Engineering Department for approval; 6. That the applicant shall indicate the top of slope and a line drawn at a 45 degree angle from top of slope for the stream bank by a Professional Land Surveyor using the three point method; 7. That the applicant submit adequately scaled site cross sections performed by a Professional Land Surveyor; 8. That the applicant submit a site survey which is dated within the past 12 months and fully represents the easements of record; 9. That the applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction; 10. That the applicant delineate and place appropriate construction and silt fencing at the 15-foot setback line from the top of slope which shall remain untouched and unaltered during and after construction; 11. That the building envelope previously determined by Pitkin County be revoked upon annexation into the City and that the applicant shall adopt all dimensional requirements set forth in the R-15 zone district; 13 12. That the applicant agrees to acquire all necessary approvals from the City of Aspen in the event that the ditch nmn~ng through the property is requested to be turned off for construction; 13. That no lining or placement of large rocks in the ditch is allowed; 14. That no storage of construction materials occur within the dripline of existing trees and that construction fencing be installed to protect all existing trees, and that no excavating within the dripline of existing trees occur; 15. That the applicant grant a fishing easement for Castle Creek to the City of Aspen; 16. That the applicant submit a utility plan to the City Utility Department prior to the application of a building permit; 17. That the applicant enter into a new raw water agreement with the City Water Department for the lot. Two separate agreements will be required to show the applicable square footage to be irrigated on each lot; 18. That as a result of the Colorado Department Of Transportation (CDOT) State Highway 82 realignment (EAP) in the near future, water service for the new lot may be received from 7th St; 19. That the current service tap for the lot containing the old barn structure shall be abandoned in accordance with City standards; 20. That a new 8" service line be installed from 7th Street as required by the Aspen Consolidated Sanitation District (ACSD) because the existing sewer service lines are inadequate to allow proper additional flow from the new structure. Additionally, the applicant shall present detailed sewer service plans to ACSD so that an accurate estimation of fees is calculated; and 21. That the applicant shall grant a suitable and practical sewer easement trom me service line which shall be installed from 7th Street in order to provide adequate sewer service to the Bruce Berger property. This shall be accurately shown and described on the final plat as recorded in the Pitkin County Clerk and Recorder's office prior tO the application of building permits. Section 2: ;Fhis 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 pr/or ordinances. 14 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28* day of August, 2000. Kathry~ S.~h, City Clerk FINALLY, adopted, passed and approved this 23ra day of October, 2000. ,~' /Rachel Richards, May~r City Clerk ~ ~ Approved as to form: Jo~nn ~oi'ce[tor, City Attorney C:\My Documents\Current Cases\Sandtmes\Lot Split Annexation\SandunesMemoCG4.doe 15