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Home My WebLink Aboutresolution.apz.029-07Resolution No. 29 (Series of 2007) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: SECTION 26.480.030, SUBDIVISION EXEMPTIONS WHEREAS, the Planning Director of the Community Development Department re- commends the following amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to the following Chapter and Section of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.480.030 -Subdivision Exemptions WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval ofthe proposed amendments, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text being removed is bold red and strikethrough. T°°' ~°~°° -°"'^°°'"^^k~ like-tl:is~ • Text being added is bold green and underline. Text beiug added looks like this. • Text which is not highlighted is not affected. WHEREAS, the Planning and Zoning Commission opened a public hearing to con- sider the proposed amendments to the above noted Chapter and Section on September 18, 2007, continued the hearing to October 16, 2007, then took and considered public testimony and the recommendation of the Community Development Director and recommended, by a 7-0 vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sections of the Land Use Code, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Resolutiou 29, Series 2007 Page 1 of 4 Section 1• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- missionhereby recommends City Council amend 26.480.030.A.2 -Subdivision Exemptions, to add and delete the following: 2. Lot split. The split of a lot, which, except for Historic Landmark Lot Splits in the "MU, Mixed Use Zone District," is for the purpose of the development of one detached single- family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. b. No more than two (2) lots are created by the lot split, both lots conform to the require- ments ofthe underlying zone district. Any lot for which development is proposed will mi- tigate for affordable housing pursuant to Section ~H:47&8~0(4~26.470.060. c. The lot under consideration, or any part thereof, was not previously the subject ofasub- divisionexemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(l)(a). d. A subdivision plat which meets the terms of this Chapter, and conforms to the require- ments ofthis Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating 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. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not ex- ceed three (3) units, which may be composed of a duplex and asingle-family home. Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- missionhereby recommends City Council amend 26.480.030.A.4 -Subdivision Exemptions, to add and delete the following: 4. Historic Landmazk Lot Split. The split of a lot that is listed on the Aspen Inventory of His- toric Landmark Sites and Structures which, except for Historic Landmark Lot Splits in the "MU, Mixed Use Zone District," is for the development of one new single-family dwel- ling. The Historic Landmark Lot Split shall meet the requirements of section Resolution 29, Series 2007 Page 2 of 4 26.480.030(A)(2) and (4), °°°«.,... ~x non mnir~ and section 26.415.,'' 110 A of this code, and the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or 8 "MU, Mixed Use" zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the 9€€tee "MU, Mixed Use" zone district, the following shall apply to the calcula- tion of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area al- lowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in section 26.415.120(B)(1)(a),(b), and (c)are only per- mitted on the parcels that will contains a historic structure. The FAR bonus will be ap- plied to the maximum FAR allowed on the original parcel. Section 3: This Resolution 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 ofthis Resolution is for any rea- sonheld 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. Resolution 29, Series 2007 Page 3 of 4 APPROVED by the Commission during a public hearing on October 16, 2007. APPROVED AS TO FORM: ~~ City Attorney ATTEST: ~~ ckie Lothian, Deputy City Clerk Resolution 29, Series 2007 Page 4 of 4