HomeMy WebLinkAboutordinance.council.064-90
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ORDINANCE NO .&4-
(SERIES OF 1990)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL POD DEVELOPKENT
PLAN APPROVAL FOR THE WHITCOMB DUPLEX AT 103 PARK AVE. (LOTS
9,10,11 AND PT. OF 12, BLOCK 1, RIVERSIDE ADDITION)
WHEREAS, Harold Whitcomb Jr. submitted to the Planning
Office an application for a Final PUD Development Plan to
construct a duplex, replacing a duplex at l03 Park Ave; and
WHEREAS, on August 7, 1990, the Aspen Planning and Zoning
commission approved Stream Margin Review for the project by a 5-1
vote; and
WHEREAS,
on August 21, 1990 at a publlC hearing, the
Plannlng and Zonlng Commission approved by a vote of the Final
PUD Development Plan with conditlons, and recommended to Councll
the approval of the Final PUD with conditlons; and
WHEREAS, pursuant to section 7-903 of the Aspen Land Use
Code (revision date August l4, 1989,) the city Councll may grant
approval to Final PUD Development Plans; and
WHEREAS, the Aspen City Council havlng considered the
Planning and Zoning commission I s recommendation, does wlsh to
grant the Final PUD Development Plan request for the Whitcomb
Duplex redevelopment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1:
That it does hereby grant Final PUD Approval wlth the
condltions recommended by the Planning and Zonlng CommlSSlon to
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the Whitcomb Duplex.
Section 2.
The conditions of approval which apply to this proJect are:
1. A mesh barrier fence must be erected immedlately below the
location of the relocated culvert during all phases of demolitlon
and construction.
ThlS shall prevent any construction debris,
soil, rock, or vegetation from falling down the slope.
2. The demolitlon process shall occur "lnslde out" from within
the eXlstlng building envelope.
No heavy equlpment shall work
outside of the existlng envelope.
3. Relocate at least 6 clumps of slngle or multi-trunked young
trees from the dlsturbed areas to other locations along the bank
below the new structure.
These shall be moved by professional
landscaping personnel knowledgeable ln movlng trees. ThlS
vegetation must be watered and maintalned until well-
established, at least two growing seasons.
4. The disturbed areas of the bank shall be reestablished with a
mix of natlve grasses and wlldflowers.
Urban-type turfs
(bluegrass sod, etc.) and flower plantings shall not be located
downslope of the building envelope and patlo.
wildflower "sod",
in conjunction with grass seedlng, shall be planted for immediate
erosion control if seasonally available at the time of completion
of the exterior construction work.
5. Erosion control (spread hay, hay bales and rock waterbreaks)
along the front and sides of the new structure and along
disturbed slopes must be in place as soon as the new groundform
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has been graded.
These efforts wlll be monitored by Planning
staff during and after constructlon.
6. Any outdoor lighting on the rear half of the lot be downcast,
low wattage fixtures.
If detached from the structure, llght
flxtures shall not exceed four feet ln height.
This wlll limit
light lntruslon to adjacent and cross-river propertles.
Prior to issuance of any demolition, excavation or building
permit:
7. The applicant shall have a detailed inspection of the
eXlsting structure(s) done by the Zoning Officlal to verify
square footage to be used when calculating the affordable housing
impact fee required by section 5-702 of Ordlnance 1 (1990). As
per the lnformation submitted in the application, the net gain of
square footage from the eXlsting to proposed structure is 2,325
s.f. This would compute to an impact fee of $l5,508.00.
8. The appllcant shall make payment of the affordable housing
lmpact fee, as calculated based on the Zoning inspection, to the
city Finance Director for deposit in the Affordable Housing Fund.
If the applicant chooses to satisfy the housing mitigation
requirement by providing an Accessory Dwelling Unit as per
Ordinance 1 (1990) options, a Conditional Use Hearing before the
Planning and Zoning commission is required.
Approval by the
Commlssion must be granted prior to issuance of any building
permit(s).
9. A fisherman's easement must be flled with the Pitkin County
Clerk and recorder.
This easement shall include the land area
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under the Roaring Fork R1ver, and on land, a 5' distance measured
hor1zontally from the high water llne.
10. Any changes to the exist1ng d1tch must be designed by a
profess1onal engineer and rev1ewed by the Engineering Department.
11. The dra1nage system / dry well must be redesigned and/or
relocated out of the water table.
12. The park1ng space in front of Unit A must be extended 1n
order for the requ1red 18' length dimens10n to be beyond the
entry gate to the res1dence.
Within 180 days of City Council's approval of this plan the
following must occur:
13. A F1nal PUD Plan and PUD agreement must be f1led with the
County Clerk as requ1red by Section 7-907 of the Land Use Code.
Section 3:
That the city Clerk be and hereby 1S d1rected, upon the
adoption of th1S ordinance, to record a copy of th1s ordinance in
the off1ce of the Pitk1n county Clerk and Recorder.
section 4:
A public hearing on the Ordinance shall be held on the ~1l
()~, 1990 at 5: 00 P.M. 1n the City Council Chambers,
day of
Aspen C1ty Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of pUblic notice of the same shall be published 1n a
newspaper of general circulat10n w1thin the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the city Council of the C1ty of Aspen on the
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/0 -f'l-- day of
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. Koch, city Clerk
FJ,NALLY, adopted,
{j{~ , 1990.
passed
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S"Koch, City Clerk
jtkvj/Wh1tcomb.ord
and
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approved this
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W1lliam L.
5
F'HJ
day of
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St1rling, Mayor
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