HomeMy WebLinkAboutordinance.council.021-04SILVII~ DAVIS PITKIN COUNTY CO R 31,00 D 0.00
ORDINANCE NO. 21
(SERIES OF 2004)
AN ORDINANCE OF THE CITYOF ASPEN CITY COUNCIL~ ~APPROVING.. . A
THREE LOT SUBDIVISION, A CONSOLIDATED CONCEPTUAL/FINAL PUD,
AND REZONING OF THE LITTLE AJ~. SUBD[~!ON~UD, CITY OF ASPEN,
PiTmN COUNTY, ~COL6~'~6~'
WHEREAS, the Community Development Department received an application
from Aspen GK, LLC, BurtOn B. Kaplan, Peter L. Gluck, represented by Joseph Wells
Land Planning, requesting rezoning, subdivision, and consolidated conceptual/final PUD
approval to create Lots 1, 2, and 3 of the Little Ajax Subdivision/PUD; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval of the proposed
rezoning and approval with conditions of the proposed subdivision and consolidated
conceptual/final PUD; and;
WHEREAS, during a duly noticed public heating on May 11, 2004, the Planning
and Zoning Commission approved a resolution, by a five to two (5-2) vote, recommending
that City Council approve the proposed rezoning and approve with conditions the proposed
subdivision and consolidated conceptual/final PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein; and,
WHEREAS, the Aspen City Council conducted a duly noticed public hearing on
June 28, 2004 at which public testimony was received and considered; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds 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 Aspen City Council finds that this ordinance furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development and Section 26.480, Subdivision, the City Council
approves the subdivision and consolidated cgnceptual/final PUD application to create Lots
1, 2 and 3, of the Little Ajax Subdivision/PuD, with the following conditions:
The Applicant shall record a subdivision plat and agreement that meets
the requirements of Land Use Code Section 26.480 within 180 days of
approval.
Little Ajax Subdivision/PUD/Rezoning 1
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SILVIA DAVIS PITKIN cOUNTY CO R 31 .00 O 0.00 ...... J
Lots 1 and 3--s~ii~s~-~-'~;v~ay meetihg the' ~itYEngin~efing
Depament Desi~ Standards to be accessed off of West Hopkins
A~enue. Lot 2 shall have its o~ access meeting the City Engineering
Department's desi~ st~dards to be accessed off of West Hopkins.
The Applicant shall identify trail locations meeting with the approval
of the City of Aspen Parks Department showing the feasibility of the
trail to be contained entirely on Lot 3. Should it be necessary to locate
the trail even partially on Lots 1 and 2, 'the final plat shall show
easements accommodating the trail prior to recordation of the plat.
The Applicant shall dedicate to the City of Aspen a trail easement for
the purposes of non-motorized, recreational use and such easement
shall stay in place until such time as the Midland Trail is installed to
Seventh Street.
The Applicant shall construct sidewalk, curb, and gutter improvements
and install streetscape landscaping along the West Hopkins Street
frontage of the property being subdivided prior to issuance of a
certificate of occupancy on any of the individual residences in the
subdivision. The timing of this installation may be changed if
approved by the City Engineer. These improvements shall be designed
using the City's engineering standards. In addition, the tree species and
landscaping to be provided in the planter Strip between the curb and
the sidewalk 'shall be approved by the City Parks Department.
As part of the building permit submittal for the proposed development
of the subdivision, the Applicant shall submit geotechnical and soil
stability repons performed by a qualified, licensed engineer
demonstrating the land is suitable to handle the proposed development.
The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the
proposed development will be sUfficiently mitigated to prevent rock
fall hazards.
The Applicant shall contact a specialist to conduct a geophysical
investigation regarding the location of the mineshaft in order to
determine the potential for subsidence. This report shall be submitted
for review by the Community Development Department prior to the
issuance of full structural building permits.
Prior to full structural building permit issuance for any lot within the
subdivision, the Applicant shall submit a detailed drainage plan
prepared by a licensed professional engineer demonstrating that the
development will not increase historical drainage rate of the properties.
Little Ajax Subdivision/PUD/Rezoning 2
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SILVII:I DI~V'rS PITKIN COUNTY CO R 31.00 D 0.00
The Applicant shall provide the City with a mine waste testing and
handling plan that complies with the following conditions of approval
as memorialized in Ordinance No. 25, Series 1994 regarding the
handling of any contaminated soils encountered on the property prior
to the application for building permits:
Any disturbed soil or material that is to be stored above
ground shall be securely contained on and covered with a
non-permeable tarp or other protective barrier approved by
the Environmental Health Department so as to prevent
leaching of contaminated material onto or into the surface
soil. Disturbed soil or material need not be removed if the
City's Environmental Health Department finds that: 1) the
excavated material contains less than 1,000 parts per million
(ppm) of total lead, or 2) that there exists a satisfactory
method of disposal at the excavation site. Disturbed soil and
solid waste may be disposed of outside of the site upon
acceptance of the material at a duly licensed and authorized
receiving facility.
b)
Non-removal of contaminated material. No contaminated soil
or solid waste shall be removed, placed, stored, transported
or disposed of outside the boundaries. 0f.~th~,.si~e~
having first obtained any and all necessary State and/or
Federal transportation and disposal permits.
c)
Dust suppression. 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.
Vegetable and flower gardening and cultivation. No
vegetables or flowers shall be planted or cultivated within the
boundaries of the site except in garden beds consisting of not
less than twelve (12) inches of soil containing no more than
999~ppm lead.
e)
Landscaping. The planting of trees and shrubs and the
creation or installation of landscaping features requiring the
dislocation or disturbance of more than 1 (1) cubic yard of
soil shall require a permit as provided in Aspen Municipal
Code Section 7-143 (4).
Any contaminated soil or mine waste rock to be left on-site
shall be placed under structures or pavement. Soils used in
landscaped areas or engineered fills shall be covered by a
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SIL¥IR DAVIS PITKIN COUNTY CO R 31.~0 D 0.00
minimum of 1 foot of clean soil that contains less than 1,000
ppm lead.)
10.
In the event that any part of the septic system is encountered during
site reconnaissance or construction, the Applicant shall contact the
Environmental Health Department for proper handling and disposal.
The applicant shall provide a handling and disposal plan that complies
with City Environmental Health Department requirements for the
abandonment of said septic system.
11.
Approval of the application for Subdivision, Zone Change, and PUD
shall be contingent upon the annexation of all of the property within
the subdivision into the City of Aspen.
12.
The PUD approved herein shall establish the minimum lot size for Lot
1 as 14,000 square feet, for Lot 2 as 12,500 square feet, and for Lot 3
as 28,212. No development is allowed on Lot 3 above the elevation
line of 7,950 feet. The remainder of the dimensional requirements for
the Little Ajax Subdivision/PUD shall be those of the R-15 (Moderate-
Density Residential) Zone District, as amended from time to time.
13.
All development within the subdivision shall meet the Residential
Design Standards as set forth in Land Use Cod~e~.~S~.~ig~.6~,~l o, unless
variances from said standards are granted.
14.
The applicant shall install a fire sprinkler system that meets the
requirements of the Fire Marshal in any of the proposed residences
that exceed a gross floor area of 5,000 square feet.
15. The applicant shall pay a proportionate amount of all applicable
impact (Park Development Impact and School Land Dedication) fees
prior to issuance of a building permit for each residence within the
subdivision.
16.
The Applicant shall complete all the necessary tree removal permits
and pay the applicable tree removal mitigation fees to the City of
Aspen Parks Department prior to the submission for building permits.
17. The vested rights associated with this subdivision/PUD approval shall
last ten (10) years from the date of City Council's final approval.
Section 2:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.310, Amendments to the Land Use Code and Official Zone District Map, the City
Council rezones Lots 1, 2, and 3, of the Little Ajax Subdivision/PuD to R-15 (Moderate-
Density Residential) Zone District with PUD overlay.
Little Ajax Subdivision/PUD/Rezoning .4
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$:ILV~'~ DglVIS pTTKIN COUNTY CO R 3~.ee D e.ee
Section 3: -~ -~
All material representations and co~i~ents made by ~e applic~t p~su~t to ~e
development proposal approvals as herein aw~ded, whe~er ~ public he~g or
documentation presented before the Plying ~d Zoning Co~ission or City Co~cil, ~e
hereby inco~orated'~ such pl~ development approvals ~d the sine shall be complied
with ~ if ~lly set fo~h herein, ~less mended by ~ authohzed 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 repealed or
amended as herein provided, and the same 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.
Section 6:
All approvals contained within this ordinance shall be .subject to the successful acceptance
through annexation of the subject properties into the City of Aspen. All approvals contained
herein shall be null and void should annexation not occur.
Section 7:
A public heating on the Ordinance shall be held on the 28th day of June, 2004, at a meeting
commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on this 14th day of June, 2004.
APPROVED AS TO FORM:
ATTEST.'-
07/09/2004 02:43P
. SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0,00
Kath
FINALLY, adopted, passed and approved this 28th day of June, 2004.
APPROVED AS TO FORM:
ATTEST:
Kathryn Koc[~C'ityl" Clerk
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SILVIA DAVIS PlTKIN COUNTY CO R 21:00 D 0.00
UTILITY EASE~NT
(City as Grantee)
THIS GRANT OF A UTILITY EASEMENT is made and entered into this 6tzh day
of July ,2004, by and bet~l~s sRx~ecl~etas :Ltd, (hereinafter
referred to as "Grantor"), and the City of ASpen, COlOrado, a municipal corporation (hereinafter
referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property (the "Property") situated in the
City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit "A" appended hereto
and by this reference incorporated herein.
And,
WHEREAS, Grantee desires to obtain an easement under a portion of the Property for the
purpose of installing and maintaining water, gas, and telephone lines together with the right of
access to the same.
NOW, THEREFORE, for and in consideration of the payment of the sum ofTen Dollars
($10.00), the receipt and adequacy of which is hereby acknowledged by Grantor, Grantor does
hereby grant and convey to Grantee without covenants or warranties of any kind, and subject to
the terms and conditions hereinafter set forth and the rights herein specifically retained and
reserved by Grantor, the fight, privilege and easement to construct, install, maintain, operate,
repair, remove and replace utility lines, pipes and similar accessories along and across the
Easement Premises situated on the Property as described and depicted on Exhibit "A" attached
hereto and incorporated herein by reference. Further, Grantor does grant to Grantee the fight to
access said Property over, under, across and along the Easement Premises as may reasonably be
required for the purpose of exercising the rights, privileges and easement herein granted.
The foregoing grant of easement and access shall be subject to the following terms, and
conditions:
1. The Easement Premises shall not exceed the area described in Exhibit "A".
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Grantee's utilities and all associated facilities shall be constructed, installed,
maintained and operated in a safe and workmanlike manner and in such a manner
as to avoid damage to or destruction of Grantor's property or trees, shrubs and
other vegetation on the Property. Any damage to the Grantor's property or to the
surface, trees, shrubs or other vegetation caused by Grantee's installation,
maintenance, repair or removal the pipeline or attendant facilities, shall be
repaired or replaced by Grantee to the satisfaction of Grantor. Grantee further
agrees to restore at its sole cost the former condition of usefulness and appearance
of the Easement Property which may be disturbed or interfered with by the
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10.
0?/09/2004 02:44P
SILVIA DAVIS PITKIN COUNTY CO R
construction, maintenance, operation or repair of the pipeline and its attendant
facilities.
Grantee shall not place, keep, store or otherwise permit any equipment or
materials on the Easement Premises except during such times as Grantee's
employees or agents are physically present and conducting activities permitted
under this Easement.
It is expressly understood and agreed that the grant of easement as herein
provided and Grantee's use of the Easement Premises shall at all times be
subordinate to the Grantor's use of the Property and should any relocation or
removal of the pipeline or its attendant facilities be necessitated in Grantor's
discretion at any time in the future as a result of Grantor's use of the Property,
then such removal or relocation shall be solely at Grantee's expense and shall be
done as nearly as practicable in accordance with Grantor's request. In such event,
Grantor will provide additional easements over and/or under the Property to
Grantee where practicable.
This Easement is not intended and shall not be construed to grant an easement or
access across, over or under any property or premises other than the Easement
Premises as described and depicted herein.
This Easement shall continue only so long as Grantee shall use the Easement
Premises for the purposes described and it shall immediately lapse and terminate
upon cessation or alteration of such use. Additionally, the rights granted
hereunder to Grantee shall lapse should the pipeline not be constructed and
installed within 36 months from the date of this agreement.
The Easement granted hereunder shall be perpetual except that it shall
automatically terminate should Grantee or any of its successors or assigns violate
the terms and conditions contained herein.
All rights, benefits and privileges granted, created or reserved herein, and all
impositions and obligations imposed hereunder, shall inure to the benefit of and
be binding upon the parties, their successors and assign.
Any right to the Property or Easement Premises not specifically granted to
Grantee herein are reserved to the Grantor, its successors or assigns.
Grantee shall:
a. Plant a number of trees and bushes not to exceed $500
b. Repair the road cut in a timely manner
c. Allow access to Grantee's conduit from Grantor's property to a point
where Grantee's conduit ends, for use in the future to install their own
fiber
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0?/09/2004 02:44P
SILVIA DAVIS PITKIN COUNTY CO R 21.00 0 0.00
, IN WITNESS WHEREOF, the Grantor has affixed its duly authorized signature this
l~<tay of "~ ~l_ ~.,L~ ,2004-
GRANTOR:
By:
Title:
State of-eotm'a~ , )
rniit ~%,~.~L ) ss.
County of/Pitk-i~ , )
The foregoing instrument was acknowledged before me this
day of
,2004, by ~-'~(~ ()!'~D.~" ~D_ !~ ~, '.-~,, '! i I
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
-~otar~ P~b~i~-'
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