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HomeMy WebLinkAboutordinance.council.010-91 ORD~¢~ ~0,10 (SEi~_TES OF 1991) AN ORDINANCE OF T~u~ CITY COUNCIL OF ABPEN, COLORADO, GRANTING SUBDiviSION, ~uDD±¥±SION ~"~[~TION FOR A LOT SPLIT, FINAL PUD D~v~OPKENT PLAN APPROVALAND VEST/]~G OF DEVELOPMENT RIGHTS FOR 1001 uT~ A~ENu~ W.~w~, the 1001 Ute Avenue Partnership submitted an application for a Subdivision Exemption for a Lot Split, 8040 Gresnline review, Conditional Use and PUD Development Plan Review (as consolidated Final review) to the Planning office; and WM~w~EAS, referral co~u~ents were received from Engineering Department, Environmental Health Department, Sanitation District, Pire Marshal, Pitkin County Planning, and the City Attorney; and W.~w~EAS, the City Attorney made an interpretation based on the definition of "Subdivision" in the Aspen Land Use Code that the existing long term lease held by The Gent Condominiums for the area containing the three tennis courts already constitutes a subdivision and therefore this project was not eligible for processing only as a Subdivision Exemption for a Lot Split; and W-~w~EAS, the Applicant amended his application to add a two- step Subdivision process for three lots, with development review for two single family lots and the tennis court lot deed restricted against any future development. The applicant also retained his submittal for a Lot Split for the development rights for the two single family residences; and W~Kw~_~S, on April 2, 1991, a public hearing was held before the Aspen Planning and Zoning Com~ission and having reviewed the 1 application pursuant to the applicable code sections, the Commission voted 7-0 to approve with conditions the Conditional Uses for an Accessory Dwelling Unit in each single family residence and 8040 Greenline Review. Resolution #91-11 memorializes these approvals; and W.K~j~S, with the same vote, the Planning and Zoning Commission recommended to city Council approval with conditions for the Subdivision and Final PUD Development Plan; and W-K-~2~S, pursuant to the Aspen Land Use Code, the city Council may grant approvals to PUD (Division 9), Subdivision and Subdivision Exemption (Division 10) and Vesting of Development Rights (Section 6-207); and WH~k~i the Aspen City Council having considered the Planning Commission's reco~/~endations for Subdivision and Final PUD approval does wish to grant these approvals for the 1001 Ute Avenue Project and vest the development rights for a period of three years. NOW, TffJ~cEFORE, BE IT ORDA/N~U BY TH~ CITY COUNCIL OF TN CITY OF ASPEI~, COLORADO: Section 1: That it does hereby grant Subdivision and Final PUD Approval for the 1001 Ute Avenue project with the following conditions: 1) All plat requirements as stated in Section 7-1004 C. and D. shall be shown on plat prior to approval by the Engineering office. 2) Any required plans for the necessary improvements in Section 7-1004 C.3.a. must be submitted and approved prior to issuance of any excavation or building permits. 3) Easements for Spar Gulch drainage, 12' nordic/pedestrian trail, and two waterlines, as described in Engineering's referral comments must be shown on the plat. 4) The applicant shall agree in writing on the plat to join the Ute Ave. Improvement District that is being formed to address the roadway, lighting, drainage, and sno~ removal/parking problems. 5) The lot line separating Lots 1 and 2 shall be moved to the east approximately 5 feet so that the Lot 1 side setback can be achieved without a variation. 6) One space per bedroom or twelve parking spaces must be identified on the Final Development Plan. 7) The driveway curbcut on Ute Ave. shall not exceed 18' in width. 8) A trash service are must be sho~rn on the plan. 9) Gas Fireplaces and wood stoves must be certified and approved through the Environmental Health department. 10) A 50' minimum radius for the cul-de-sac is required. If the radius cannot meet the appropriate dimension, the structures must be protected by fire sprinkler systems. 11) The pedestrian access shall be redesigned to be less urban in character. The sidewalk adjacent to the driveway shall be eliminated. 12) The applicant shall participate in improvements in the 3 Sanitation Department's lines by a payment of $3,000.00 per unit (in addition to the regular connection fees.) The per unit payments shall be due prior to ~ssuance of building per~its for the individual units. 13) All clear water connections such as roof and foundation drains cannot enter the District's system. Surface run-off must be handled on-site or by the City's storm water system, if available. 14) Sewer lanes/connections shall meet the approval of the Sanitation District. All associated fees and agreements must be paid and recorded prior to connection onto the District's system. 15) The tennis court lot shall be reconfigured to remove the extraneous area to the west of the pedestrian access point. Access to the tennis courts shall be by easement across Lot 2. 16) The portions of this parcel which lie in Pitkin County or are encumbered by the tennis court lease shall be deed restricted against any future development prior to filing the Subdivision Plat. 17) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, City Council and Historic Preservation Com/~ittee shall be adhered to and considered conditions cf approval, unless otherwise amended in the conditions. 18) The Subdivision Plat, Final PUD Development Plan, and 4 Subdivision/SPA Agreement must be recorded with the Pitkln County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will render the approvals invalid. Section 2. The City Council of the City of Aspen pursuant to Section 7- 1003 A.2 of the Land Use Code of the City of Aspen, wishes to grant Subdivision Exemption for a Lot Split with the following conditions: 1. An Accessory Dwelling Unit must be included on each lot for which a residence is proposed as a rec/ulrement of this Lot Split. 2. Prior to issuance of any Building Permit for a residence on either lot, the Accessory Dwelling Unit must be dsed restricted and comply with the conditions of approval contained in the Planning and Zoning Co~umission's Resolution ~91-11. Section 3: The City Council of the city of Aspen pursuant to Section 6- 207 of the Land Use Code of the City of Aspen, wishes to vest development rights for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Section 4: That the City Clerk be and hereby is directed, upon the 5 adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. So,ion 5: A public hearing on the Ordinance shall be held on the /~ day of ~ , 1991 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. ~T~ODUC~, R~2%D i%ND O~ p~.K.~ as provided by law, by the City Council of the City of Aspen on the ~-~-~ day of ~*,?. , adopted, passed and approved this /~%~-~--- day of willi~ L. stifling, Mayor ~~h, City Clerk