Loading...
HomeMy WebLinkAboutordinance.council.037-02 ORDINANCE No. 37 (SERIES OF 2002) 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 ASTHE GRIFF1TH PROPERTY LLC LOT SPLIT LOCATED AT 700 GIBSON AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-019 WHEREAS, the Community Development Department received an application from the Griffith Property LLC, applicant, represented by Alan Richman of Richman Planning Services for a Subdivision Exemption Lot Split of a metes and bounds parcel to be known as Lot 1 and Lot 2 of the Grifflth Property Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County; and WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Cotmcil. 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 recomamenda~i0n by the Community Developmen~t ,D~artme~t pursuant Section 26.480.(~40(B); a~.d, . WHEREAS, the Community Development Department reviewed the applicafion~::for a Subdivision Exemption Lot Split for the proper~y to be described as-Lots l ;and 2 oft. he Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado and recommended approval; and, WHEREAS, the Fire Marshall. Aspen Consolidated Sanitation Distfiet,~ the ~C. ity .Water Deparrmem, the City Engineering Department. the City Parks Department, the City Electric Deparmaent, and Holy Cross Electric have reviewed the application and provided referral comments: and. WHEREAS, 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 publie hearing; and, WHEREAS, the City Council finds that the development proposal meets or ~exeeeds 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 Council finds that this Ordinance furthers and 'i'g n~c~'.~ f6r the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN 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 proper~y to be known and described as 5ILV~O ~)av~s ~T~m COUNTy CO -~"~'~6.00 D 0.0001:291~ Lots 1 and 2 of the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, is approved with the following conditions: 1. The applicant shall submit and record a subdivision exemption plat which meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. The plat shall also include the lot sizes of both Lot 1 and Lot 2, of the Griffith Property, LLC Lot Split. Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all easements of record. ' 2. The applicant shall submit and record a subdivision exemption agreement which meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin Cotmty Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The Lot Split Plat shall exhibit two lots in conformance with the R-6 Zone D/strict and shall include the following plat notes: a. Upon redevelopment, all structures on these two lots shall comply with the R-6 Zone District provisions. b. The developer of Lot 2 shall be deemed exempt from GMQS to develop one or two detached residential units or a duplex by complying with the standards of Section 26.470.070(B). c. The developer of Lot 1 shall be exempt from the Growth Management Quota System by virtue of extinguishing a Transferable Development Right that is acceptable to the City Attorney. d. No further subdivision may be granted for these lots nor will any additional units be built without receipt of applicable approvals. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and GMQS Exemptions. 5. The applicant shall obtain a tree removal permit prior to remowng any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. Any tree to remain on-sire during the development of Lots 1 and 2 shall have it's drip line fenced offprior to, and throughout construction. 6. The applicant shall install curb and gutter to link the existing curb and gutter along Lone Pine Road with the existing curb and gutter on the comer of Page: 2 or 5 ',,2/05/2002 0! :29P Gibson Avenue and Lone Pine Road (see Exhibit "D" for map) prior to requesting final building inspections for any of the dwelling units on the subject parcels. In addition, a sidewalk that meets the City Engineer's standards shall be installed along Lone Pine Road from the end of the existing sidewalk on the comer of Gibson Avenue to the northernmost property line of Lot 2 (see Exhibit D for map) pr/or to requesting final building inspections for any of the dwelling units on the subject parcels. The applicant shall also sign a curb, gutter, and sidewalk agreement prior to recording the lot split plat. Furthermore, the applicant shall vacate and fill in the Curb cut that exists on Gibson Avenue to the satisfaction of the CitY Engineer. 7. The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshall in any of the proposed residences that exceed 5,000 square feet in size. 8. The applicant shall grant a twenty (20) foot wide easement for future water service to the City of Aspen in exchange for the City vacating the Right-of- Way Easement for Pipes and Mains that is recorded.at the Pitkin CoUnty Clerk and Recorders Office in Book 24 at Page 59. The future water service easement shall straddle the proposed property line that splits Lot 1 from Lot 2 of the Griffith PropertY~ LLC Lot Split. The future water service easement shall be shown on the final lot split plat. 9. Vehicular access to LOts 1 and 2 shall meet the Fire Marshall's requirements. 10. The applicant shall comply with the Aspen Sanitation District's roles and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station: 11. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils Within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No: 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non,permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to Prevent windblown dust from disturbed dirt. 12. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 13. The owner and general contractor of any development on Lots 1 and 2 of the Crriffith Property Lot Split shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 14. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. Section 2: Upon application for building permit for Lot 1, the applicant Shall provide to the City Zoning Officer a recorded document that describes the referenced Transferable Development Right, owned by the applicant and identified in the Pitkin County records as reception no. 464389, as extingUished and void. Extinguishment of said TDR shall fully exempt the development of one single-family residence from the requirements of growth management, including those related to affordable housing or cash-in-lieu thereof. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an author/zed entity. Section 4: 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 rep.ealed or amended as herein provided, and the stone 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of October, 2002. ~..:~ i~ Helen KaiinN~l~ a, Mayor Kath~:y .n ,Ci~ Clerk FINALLY, adopted, passed and approved by a vote of four to zero (4-0) tiffs 1 lth day of November, 2002. Attest: Kathryn S,]~c'h, ~y Clerk fqel~n l~Ki/all'd'~ d, Mayor Approved as to form: ~6h~Worce'~t~r, City Attorney