HomeMy WebLinkAboutordinance.council.014-90 ORDINANCE NO. 14
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND
VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112
WHEREAS, pursuant to Section 3-101 of the Aspen Land Use
Code, a development application requires subdivision review for
land to be used for condominiums, apartments or any other
multiple-dwelling units; and
WHEREAS, pursuant to Sections 8-104 and 7-1004 the
Commission reviewed the request for conditional use review for
accessory dwelling units and subdivision; and
WHEREAS, a duly noticed Public Hearing was held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
February 6, 1990 to consider the conditional use review and
subdivision review application, at which time the Commission
reviewed the application; and
W~EREAS, the Commission considered the representations and
commitments made by the applicant and approved the conditional
use for four accessory dwelling units with conditions; and
WHEREAS, the Commission recommends to City Council
subdivision approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant subdivision for Lots D-I and N-S,
Block 112.
Section 2:
That it does hereby grant subdivision as recommended by the
Aspen Planning and Zoning Commission, for the Oblock parcel
located between Cooper and Durant on West End, Lots D-I and N-S,
Block 112, with the following conditions:
1. Prior to the issuance of a building permit a final plat shall
be filed subject to review and approval of the Engineering
Department. The final plat shall include but not limited to:
a. The surveyor's certificate must indicate that all
easements indicated on Title Policy No. 0-9941-38538, dated
December 9, 1988, have been shown on this plat.
b. Easements for transformers and utility pedestals subject
to review by the Engineering Department.
c. An above grade trash service area.
2. Prior to the issuance of a building permit a subdivision
agreement shall be submitted for review and approval by the
Planning Department. The Subdivision Agreement shall include but
not be limited to:
a. an agreement to join any future improvements districts.
b. language binding the applicant to bond for five years the
value of the large evergreens (removed for the garage ramp) for
relocation or replacement purposes.
3. Project approval shall be condItioned upon receiving an
encroachment license for the parking garage. If an encroachment
license is not granted then the applicant shall submit new site
plans for staff and P&Z review.
4. Prior to issuance of a building permit the applicant shall
submit a storm water drainage plan to be reviewed and approved by
the Engineering Department the plan shall include, but not
limited to, demonstration that the historic drainage pattern will
not be affected and all snow~elt facilities, foundation drains or
outside floor drains shall be connected to a dry well of the
storm sewer, in accordance w~th the Clean Water Act.
5. Prior to final approval, a portion of the existing fencing
should be relocated because it is in the public right-of-way and
blocks public use of the sidewalk area.
6. The City requests that if any boulders larger than 36" are
excavated on the site and are not needed that they be provided to
the City.
7. Prior to recordation of the subdivision agreement and final
plat, the applicant shall submit documentation to the Planning
Department demonstrating that downstream collection constraints
can be mitigated to the satisfaction of the Aspen Consolidated
Sanitation District. The actual cost and financial guarantee
shall be incorporated into the subdivision agreement.
8. Prior to the issuance of an excavation permit, the tunnel and
underground garage design shall be approved by the Aspen
Consolidated Sanitation District.
9. The 6 large spruce trees on West End Street and those along
Durant shall not be removed. Removal of any tree larger than 6"
in caliper shall require a tree removal permit.
10. The applicant shall work with the Parks Department to
3
r~ellcate the clump of large evergreens being removed for the
construction of the garage ramp. The applicant shall also bond
for five years the cost of the trees (as determined by an
independent third party). In the event they do not survive
relocation the money shall be available for the Parks Department
to use for replacement vegetation.
11. The street and sidewalk improvements shall comply with the
Pedestrian Walkway and Bikeway Plan. In the event the plan is
not adopted they shall develop the street and sidewalk
improvements as depicted on the approved plans.
12. Prior to the issuance of a building permit the owner shall
record copies of deed restrictions for the 4 accessory dwelling
units subject to review and approval by the Housing Authority.
Section 3:
That is does hereby grant Vested Rights for this subdivision
for a period of three (3) years from the effective date hereof in
accordance with the terms and provision of Section 6-207 of the
Aspen Land Use Code.
Section 4:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pltkin County Clerk and Recorder.
Section 5:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordInance in effect prier to
the effective date of this ordinance, and the same shall be
continued and concluded under such prier ordinances.
Section 7:
A public hearing on the Ordinance shall be held on the ~-/
day of j, 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, f~fteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the C~ty of Aspen.
INTRODUCED, READ Ai~D ORDEI%ED PUBLISHED as provided by law,
by the city Council of the city of Aspen on the /~~-°/~z-/ day of
~~-~ , 1990.
William L. stifling, Ma~or
K~thry_n ~. Koch, ' y erK
FINALLY, adopted, passed and approved th~s ~%-~ day of
William L Stifling, ayor
ATTEST: ~
Kathryn ~/ i<och, City Clerk 5