HomeMy WebLinkAboutordinance.council.014-92
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ORDINANCE NO.14
(SERIES OF 1992)
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING
SUBDIVISION EXEMPTION FOR A LOT SPLIT AND WAIVER OF THE WATERLINE
EXTENSION MORATORIUM FOR THE 1001 MINING CLAIM ON UTE AVENUE,: A
METES AND BOUNDS PARCEL SITUATED IN SECTION 18, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE 6TH P.M.
WHEREAS, according to
the definition of "Subdivision"
contained in Section 24-3-101 of the Aspen Municipal Use Code, a
long term lease constitutes a defacto SUbdivision; and
WHEREAS, the 1001 ute Mining Claim parcel contains three
tennis courts which are held in a long term lease by The Gant
Condominiums until the year 2083; and
WHEREAS, based on this definition of "Subdivision", David
Chalmers submitted an application to the Planning Office for a
Subdivision Exemption for a Lot Split for the creation of one lot
for the development of a single family residence and one lot
containing three tennis courts leased to The Gant Condominiums; and
WHEREAS, the site plan for the proposed residence is nearly
identical to the plan which received 8040 Greenline and Conditional
Use approval by the Aspen Planning and Zoning commission on
November 7, 1989 and ratified by Resolution 89-15, and because
there have been no changes to the review criteria affecting these
approvals, the Applicant and the city shall be bound to the
conditions of approval found within Resolution 89-15; and
WHEREAS, in accordance with the 1989 Planning commission
approval, no other development shall occur on the tennis court lot
until the year 2083; and
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WHEREAS, pursuant to section 24-7-1004 A.2 of the Aspen
Municipal Use Code, the City Council may grant approvals for
Subdivision Exemption for Lot Splits; and
WHEREAS, the Planning Office received referral comments from
Engineering Department, Parks Department and the Water Department
and considered these comments and review criteria for Lot Splits
recommended approval for Subdivision Exemption for the proposed Lot
Split; and
WHEREAS, the Applicant also submitted to the City a request
for waiver of the waterline extension moratorium as imposed" by
Resolutions 12 and 45 (Series 1991) for the development of one
single family residence, and upon review, the Water Department has
no reservations about waiving the moratorium for this project; and
WHEREAS, the Aspen city Council, having considered the
Planning Office's recommendation for Subdivision Exemption
approval, does wish to grant a Subdivision Exemption for the
Chalmers Lot Split on the 1001 Ute Mining Claim, and also wishes
to grant a waiver of the waterline extension moratorium based on
the recommendation of the Water Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
The City Council of the City of Aspen pursuant. to
Section 24-7-1003 A.2 of the Municipal Code of the city of Aspen,
grants Subdivision Exemption for the Chalmers a Lot Split.
Section 2: The following conditions shall apply to the approval:
1.
Prior to recordation, the plat must comply with Sec. 24-7-
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1004.D.2.a requirements.
Any easements, including but hot
limited to the nordic trail, access, water lines (including
future line to Aspen Chance and line from new hydrant downito
ute Ave.), and other utilities, must be legally described and
executed prior to issuing any building permits. All easements
shall be per city of Aspen specs.
2. Prior to issuance of any building permit, final calculations
for drainagejdrywells must be stamped by a engineer registered
in Colorado. The engineer shall verify that the drywells can
be cleaned for proper performance.
3. The applicant must incorporate the ute Avenue Improvements
into their site plan.
4. An avalanche expert shall evaluate the potential for snow
avalanches for the proposed development. A letter from the
avalanche expert shall be forwarded to the Engineering
Department prior to issuance of any building permit.
5. The applicant must work closely with the Parks staff regarding
required tree permits for the entire site and the grading work
in Ajax Park. Any required permits shall be obtained prior
to issuance of any building permits. A note on the plat must
state this requirement.
6. A Subdivision Exemption Agreement describing the terms of this
exemption must be filed with the Pitkin County Clerk and
Recorder concurrently with the Lot Split plat, within 180 days
following approval by City Council.
This document must
include a signature block for the Mayor.
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7.
All material representations made by the applicant in the
application and during pUblic meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
section 3: An exemption from the moratorium on expansions to the
City's municipal water system as imposed by Resolutions 12 and 45
(Series 1991) be and is hereby granted so as to allow the extension
of the municipal water delivery system to one single family
residence at the 1001 ute Mining Claim.
Section 4:
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 5: 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 repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 6: A public hearing on the Ordinance shall be held on the
~ day Of~, 1992 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the c2~~ day of
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, 1992.
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John Benn~~ayor
Clerk
I?zd~' l:~~:ted, passed and approved this .;?fl day of
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John Bennett, Mayor
ATTEST:
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Koch, City
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