HomeMy WebLinkAboutordinance.council.021-08ORDINANCE #21
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING SUBDIVISION FOR THE PROPERTY LOCATED AT
332 W. MAIN STREET, LOT K ANll THE WEST %: OF LOT L, BLOCK 44, CITY
AND TOWNSITE OF ASPEN -~ ~ 3 S ~~ ~ ~~ o ~ ~
WHEREAS, the applicant, Alice Brien, owner, represented by John Muir Architects,
requested Subdivision approval for the property located at 332 W. Main Street, Lot K and
the West '/z of Lot L, Block 44„ City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.480 of the Aspen Municipal Code establishes the process for
Subdivision and states that an application must first be reviewed by the Planning and
Zoning Commission, who makes a recommendation to City Council as to whether the
application meets the review criteria; and
WHEREAS, at their regular meeting on August 5, 2008, the Planning and Zoning
Commission considered the application for Subdivision, found that the development
proposal meets or exceeds all applicable development standards and made a
recommendation to Council that the land use request is consistent with the goals and
objectives of the Aspen Area Community Plan, by a vote of 7-0; and,
WHEREAS, Amy Guthrie, in her staff report to City Council dated August 25, 2008,
performed an analysis of the application based on the standards, found that the review
standards had been met, and recommended approval; and
WHEREAS, 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 CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, Aspen City Council hereby approves the subdivision request to create a new multi-
family dwelling unit at 332 W. Main Street, Lot K and the West '/z of Lot L, Block 44,
City and Townsite of Aspen.
Section 2: Plat and Agreement
"I'he Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council
provides final approval of the subdivision request.
RECEPTION~#: 553321, 10/02/2008 at
11:05:08 AM,
1 OF 3, R 516.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
Section 4: Affordable Housing, Cash-in-lieu Fee
Pursuant to Land Use Code Section 26.530.040 Housing Replacement Requirements, in
effect at the time of this application, the Applicant shall pay afee-in-lieu to mitigate the
demolition and replacement of an existing residential multi-family housing unit. The City
of Aspen Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal.
Section 5: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers
this fee. The City of Aspen Community Development Department shall calculate the
amount due using the calculation methodology and fee schedule in affect at the time of
building permit submittal. The Applicant shall provide the market value of the land
including site improvements, but excluding the value of structures on the site.
Section 6: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, if any Park
Development Impact Fee is applicable, the fee shall be assessed at the time of building
permit application submittal and paid at building permit issuance.
Section 7: Landscaping in the right-of--way
Landscaping in the public right of way will be required and must be reviewed and
approved by the City Parks and Engineering Departments. This includes:
• Street tree plantings evenly spaced a minimum of 15 to 20 foot off center.
• Installation of irrigation in the right of way.
• Adequate irrigation pressure and coverage, as well as possible improvements to
the soil profiles: amending the current soils to improve air and water filtration.
• Historic alignments and flows on irrigation ditches shall remain unchanged.
Section S: Sidewalks. Curb and Gutter
Sidewalk must be provided along the 3`d Street frontage at the time of building permit.
Sidewalk alignment and width must meet the current engineering standards. Additionally
the applicant shall also install new curb and gutter adjacent to the property before a
certificate of occupancy is issued for any of the units within the development.
Section 9: Severabili
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 l0:Existin~ Litigation
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 11: Public Hearin
A public hearing on the ordinance was held on the 25th day of August, 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was 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 11th day of August, 2008.
6+~~ y
Michael C. Ireland, Mayor
ATTEST: ~/
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Kathryn Koch ity Clerk
FINALLY, adopted, passed and approved this~,~ day of~2008.
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Michael C. Ireland, May
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Kathryn Koch, ity Clerk
APPROVED AS TO FORM:
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-~Jo~n ~orcester, City Attorney