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HomeMy WebLinkAboutordinance.council.020-08ORDINANCE #20 (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SUBDIVISION AND HISTORIC DESIGNATION FOR 600 W. FRANCIS STREET, LOTS R AND S, BLOCK 21, DOREMUS/SILVERMAN LOT SPLIT, CITY AND TOWNSITE OF ASPEN AND 612 W. FRANCIS STREET, LOTS P AND Q, BLOCK 21, DOREMUS/SILVERMAN LOT SPLIT, CITY AND TOWNSITE OF ASPEN WHEREAS, the applicant, Jack and Marisa Silverman, owners, represented by Haas Land Planning LLC, requested Subdivision and Historic Designation for the property located at 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen.; and WHEREAS, Section 26.480 of the Aspen Municipal Code establishes the process for Subdivision and states that an application must first be reviewed by the Planning and Zoning Commission, who makes a recommendation to City Council as to whether the application meets the review criteria; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from HPC, determines sufficient evidence exists that the property meets the criteria; and WHEREAS, Amy Guthrie, in her staff report to City Council dated July 28, 2008, performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval; and WHEREAS, at their regular meeting on June 25, 2008, the Historic Preservation Commission considered the application for Historic Designation and found the application was consistent with the review standards and recommended approval by a vote of 6 to 0; and WHEREAS, at their regular meeting on July 15, 2008, the Planning and Zoning Commission considered the application for Subdivision, found that the development proposal meets or exceeds all applicable development standards and made a recommendation to Council that the land use request is consistent with the goals and objectives of the Aspen Area Community Plan, by a vote of 3 to 2; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. RECEPTION#: 554@79, 111@612@@8 at @3:51:@4 PM, 1 of 3, R $16.@@ ©oc Code ORDINANCE Janice K. 1Jos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby recommends approval of the subdivision request to relocate a lot line between two abutting properties, located at 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen. The result is that 600 W. Francis will be a 9,000 square foot lot and 612 W. Francis will be a 3,000 square foot lot. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. Section 4: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers this fee. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 5: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, if any Park Development Impact Fee is applicable, the fee shall be assessed at the time of building permit application submittal and paid at building permit issuance. Section 6: Historic Designation Council hereby approves Historic Designation for 600 W. Francis Street, Lots R and S, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen and 612 W. Francis Street, Lots P and Q, Block 21, Doremus/Silverman Lot Split, City and Townsite of Aspen. Section 7: Severability 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 8: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 9: Public Hearing A public hearing on the ordinance was scheduled on the 11th day of August, 2008, in the 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 Ci Council of the City of Aspen on the 28th day of July, 2008. Michael C. Irelan ;Mayor athryn Koch ity Cle FINALLY, adopted, passed and approved this ~/ day of f~~'(d08. j ~, ~ ~;~ Michael C. Ireland, Mayor A Kathryn Koch, 'ty C erk D AS TO FORM: John Wor ester, City Attorney