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SILVIA D~qVIS PITKIN COUNTY CO R 36.00 6 0.00
ORDINANCE NO. 16,
(SERIES OF 2004)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT
805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-073-00-031
WHEREAS, the Community Development Department received an application
from Gibson Avenue LLC (c/o William Boehfinger, Manager), represented by Haas Land
Planning, LLC for Subdivision approval and Growth Management Quota System
(GMQS) Exemptions to subdivide the existing lot into two lots for the development of up
to three primary dwelling units in accordance with the City of Aspen Land Use Code;
and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Parks,
Zoning and Water Departments as a result of the Development Review Committee
meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposal for Subdivision and Growth Management Quota
System (GMQS).Exemptions and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
approval may be granted by the City Council at a duly noticed public hearing after
considering recommendations by the Planning and Zoning Commission, the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS
Exemption approval may be granted by the Community Development Director and,
because the requested GMQS Exemption complied with the applicable review criteria,
the Director granted such approval for up to three units on the two proposed lots; and,
WHEREAS, the Subdivision review by the Planning and Zoning Commission
requires a public hearing and this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WHEREAS, during a regular meeting on April 20, 2004, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
where, by a three to one (3-1) vote, recommended City Council approve the Subdivision,
with the findings and conditions listed hereinafter; and,
WEIEREAS, the City of 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 City of Aspen City Council reviewed and considered the
development proposal at a public hearing on June 28, 2004 and approved this Ordinance (on
Second Reading) for Subdivision; and,
WHEREAS, the City of Aspen City Council fmds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL
THAT:
Section 1:
The South and Gibson Subdivision is hereby approved, subject to the following
conditions:
1. Prior to issuance of a building permit for either new lot:
a. Park Dedication fees shall be paid for any additional bedrooms that are added
above and beyond what currently exists on the site, as determined by the City
Zoning Officer.
b. Cash in lieu of school land dedication shall be paid.
c. Mitigation shall be required in accordance with Section 26.470.070.B of the
City of Aspen Land Use Code (if the applicant proposes to construct an
accessory dwelling unit instead of paying the fee in lieu to satisfy this
requirement, then the ADU shall be completed prior to issuance of a
Certificate of Occupancy for the primary structure on that particular parcel).
Documentation of the existing house's floor area must be submitted to the
City Zoning Officer for review if a credit is to be used against any required
payment of cash-in-lieu of an accessory dwelling unit (ADU).
d. Any proposed new dwelling shall demonstrate compliance with the
Residential Design Standards or any needed variances shall be obtained.
e. An approved tree permit is required from the City Forester. An approved tree
permit requires a proposed landscape plan identifying trees for removal and
means of mitigation.
f. An outdoor lighting plan for each residence shall be submitted.
g. All tap fees, impacts fees, and building permit fees shall be paid.
h. The private well for the existing house must be abandoned and a new
municipal water service installed.
Prior to commencement of construction on either lot, a vegetation protection
fence shall be erected at the drip line of each individual tree or groupings of trees
remaining on site. There shall be no excavation, no storage of construction
materials, backfill, equipment, tools or construction traffic inside of the protective
fence. This fence must be inspected by the city forester or his/her designee before
any construction activities are to commence. Submission of a construction
management plan, including designation of off-street construction parking, shall
be required prior to issuance of building permit.
The existing house need not be demolished to accommodate the newly created lot
botmdaries and the encroachments into the side yard setbacks may continue to
exist for the life of the original structure only. Upon redevelopment, all structures
on these two (2) lots shall comply with the R-6 Zone District provisions with
respect to the newly created lot boundaries and setbacks. The requirements of this
condition shall be noted on the subdivision plat and in the Subdivision
Agreement.
A common driveway shall be required for access to the lots and only one (1) curb
cut shall be allowed. The applicant may take access from either South Avenue or
Gibson Avenue; however, the driveway shall be placed as far as practicable from
the South/Gibson Avenue intersection. A hammerhead driveway shall be
constructed to allow cars to tumarotmd on-site and avoid backing onto the street.
The applicant shall construct a sidewalk, in compliance with City of Aspen
Department of Engineering standards, for the entire portion of the property
fronting Gibson Avenue. The applicant shall also construct a sidewalk partially
along South Avenue to a point near the intersection of Gibson Avenue and South
Avenue that the City Engineer determines is sufficient to allow safe pedestrian
passage to the sidewalk on the north side of South Avenue. Prior to recording of
the final plat, the applicant shall also sign a sidewalk agreement agreeing to fund
the construction of a sidewalk along the entire South Avenue frontage at such
time as the City decides to undertake such construction.
The subdivision plat shall show an easement for utilities, roadway and future
sidewalks. Instead of multiple easements, a single 'non-exclusive common
easement' may be platted with appropriate plat notes. No structures or trees shall
be placed in the easement without the permission of the City Engineer and
applicable utilities.
Prior to the recordation of the subdivision plat, a design of the sidewalk and
curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and
gutter design will allow the accurate depiction of the easement on the plat.) The
curb location along Gibson Avenue will be dictated by the need for a 24-foot
minimum street width. The design needs to include a sit6 plan with adequate
contours and spot elevations to demonstrate that gutter will have a 0.75% slope
(minimum) towards a storm drain and show the extent of re-grading Gibson
Avenue The sidewalk, curb and gutter along both lots shall be installed as part of
the next building permit for either Lot 1 or Lot 2, whichever comes first. No final
10.
11.
12.
SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00
inspection or Certificate of Occupancy will be given until the sidewalk, curb and
gutter is installed.
No proposed structure or landscaping over 30 inches tall shall be installed in a
sight triangle located 30 feet within the Gibson/South St intersection. This site
triangle shall be noted on the plat.
A subdivision agreement and plat shall be recorded in the office of the Pitkin County
Clerk and Recorder within 180 days following City Council approval.
All uses and construction shall comply with the City of Aspen Water System
Standards, with Title 25, and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This
restriction shall not apply to condominiumizing two single-family dwelling units
or a duplex constructed on the lot.
The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site
prior to any excavation on and/or prior to the application for building permits on
both lots. All soils on Lots 1 and 2 shall be considered contaminated unless
determined otherwise through testing that adheres to the protocols that were
established by the Environmental Protection Agency pursuant to Ordinance No.
25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be
uncontaminated, the following requirements shall not apply. However, to the
extent that any contaminants are discovered, the following requirements shall
apply:
All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or
remain on site shall be securely contained on and covered with a non-
permeable tarp or other protected barrier approved by the Environmental
Health Department so as to prevent leaching of contaminated material onto or
into the surface soil and to prevent windblown dust from disturbed dirt.
The owner and general contractor of any development on Lots 1 and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of
1994 prior to any excavation and/or issuance of building permits for the
property.
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SILVIA DAVIS PITKIN COUNTY CO R 36,ee o e.ee
The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of
building permits for the properties.
13.
The applicant shall submit a dust suppression plan for approval by the City
Environmental Health Department prior to any activity or development occurring
on the site. 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. No dirt may be
tracked onto paved roads without being immediately removed.
14.
The applicant shall be required to test for soil contamination in the area where the
previous owner stored an aboveground fuel tank. If the soils in said area are
found to be uncontaminated, there shall be no further requirements. However, to
the extent that any contaminants are discovered, the requirements of condition
#11 (a) and (c), above, shall apply and the applicant shall be required to notify the
future owner of the tank's existence.
Section 2:
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 3:
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
f.c q>\ ~c°~c~T0~;~e City of Aspen on this 25th day of May, 2004.,/~.~
· '~1~ ,/~tty ~c~. nmen rx_alln tuanuemu;=-,v, tayor
FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004.
TE$'T.;.?,'~.
APPROVED AS TO FORM:
JoY'est'/, City Attorney
ALTA OWNER'S POLICY
EXHIBIT
A parcel Of land situated in the South one-half of Section ?, Township [ 0 South, Range 84 West
of the Sixth Principal Meridian, Pitkin Coun?y, Colorado being more fully describ*d as :follows:
Bc~.nning at a poh~t whence Comer 22 of Tract A, Ea~ Aspen Additional Town~it~ bears South
44° 35'50"" East 3.91 feet; th*nco North 65003'32'''' E~t 7.45 feet; thence 51.50 feet along the
arc ora non-t~ngent curve to the left the radius of said curve being 741.97 feet, the chord of said
curve b*a~ South 89o 11'14"" Ea~ $1 .a9 feet: thence North 84*23'24"" East 143.54 feet to a point
on the Northerly boundary of thc Smuggler Mobile Home Park: thence Southeasterly along said
boundary, South 37° 1 I'41"" West 60.04 feet; thence North &0$ feet; thence South 29°03'05''"
'C/mt 102.32 feet; thrace North 61°45~00'''' Wes~ 7.00 feet to a point on the Easterly boundary of
Parcel No. 1 ~.s de*cribed in instrument recorded in Book 488 st Page 205, Pitkin County records;
thence South 29*34'00"" We~t 105.00 feet along sa/d Easterly boundary to the Northeasterly
boundary of G~son Ave. a~ constructed ~md in place; thence 165.06 feet along the arc ora carve
to the ief~ having a radiu~ of 940.013 fect, the chord of said curve bear~ North 20*30'55"" West
1(¢.85 £cct; thence 37.34 £cct along the arc ora curve to the right, ~e radius of said cur~e beh~g
220.00 feet, (the [oag chord is North 11 °54'45"'' West 37,29 feet; thence 19.40 feet along thc arc
of a curve to the fight, the radius of .~aid curve being 37.~0 feet, (thc long chord North 30°45'321''
Ea*t 19.19 feet to the Point ofl~egirming.
COUNTY OF PITKIN; STATE OF COLOi:LkDO.
T c R 36.00 D 0.00
STEWART TITLE
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