Loading...
HomeMy WebLinkAboutordinance.council.054-05 ORDINANCE No. 54 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT AT 214 EAST BLEEKER STREET (LOTS N, 0, P, AND Q, BLOCK 72, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO) WHEREAS, the Community Development Department received an application from William G. Brumder Florida Land Trust, represented by Oates, Knezevich & Gardenswartz P.C. requesting approval of a Subdivision Exemption Lot Split of the property to be known as Lot A and Lot B of the Brumder Lot Split, located at 214 E. Bleeker Street, City of Aspen, Pitkin County; and WHEREAS, pursuant to Land Use Code Section 26.480.030A(2), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots A and B of the Brumder Lot Split located at 214 E. Bleeker Street (Lots N, 0, P and Q, Block 72, of the City and Townsite), City of Aspen, Pitkin County, Colorado and recommended approval with conditions; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the 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 ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots A and B of the property to be known and described as the Brumder Lot Split located at 214 E. Bleeker St, City of Aspen, Pitkin County, is approved with the following conditions: 1. The applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. The plat shall indicate that no further subdivision may be granted for these lots, nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot A from Lot B and show all easements of record. 2. The lot split plat shall exhibit two lots in conformance with the R-6 Zone District regulations and shall include the following plat notes: a. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions, as may be amended from time to time, with respect to the newly created lot boundaries and setbacks. Upon redevelopment, all encroachments into Public Right of Way shall be removed or properly licensed. b. Maximum potential build-out for the two (2) parcels created by lot split shall not exceed three (3) units, which may be composed of a duplex and a single family home. Only one unit is allowable on Lot B. c. The future development of Lots A and B shall be subject to Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmarks Sites and Structures or Development in an "H" Historic Overlay District. d. The future development of Lots A and B shall not be permitted to utilize the 500 square footage bonus pursuant to Section 26.420.020 (B) I(c). e. Any setback nonconformity(s) created by the new lot line shall be eliminated upon redevelopment or further development of the applicable lot(s). f. Vehicular access to either lot shall be from the alley only. g. Upon redevelopment, the applicant shall construct sidewalk, curb and gutters according to the specifications of the City Engineer. h. Both lots are required to mitigate for affordable housing pursuant to Section 26.470.040 B(l). 3. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and GMQS Exemptions. 4. The applicant shall obtain a tree removal permit prior to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots A and B shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for removal of trees pursuant to Municipal Code Chapter 13.20. 5. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The existing sewer line may be used to service one of the new residences if it is inspected and determined to be satisfactory by the Aspen Sanitation District. If the existing service line is not used for the proposed development it must be abandoned and removed. 6. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not affect 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 4: 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 5: A public hearing was opened on the 9th and 23rd day of January, 2006, at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was 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 this 12'h day of December, 2005. Attest: xf~ FINALLY, adopted, passed and approved by a vote on this 10th day of April, 2006. Attest: Approved as to form: ~=ey