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HomeMy WebLinkAboutresolution.apz.002-11 Resolution No. 2 (SERIES OF 2011) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE FOLLOWING CHAPTER OF THE CITY OF ASPEN MUNICIPAL CODE: 26.480, SUBDIVISION WHEREAS, the Community Development Department prepared amendments to Chapter 26.480 of the Aspen Municipal code, affecting historic landmark lot splits in the Mixed Use (MU) and Commercial(C -1) zone districts; and 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 conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the proposed amendments were presented to the Aspen Historic Preservation Commission (HPC) on January 26, 2011 for referral comments to be considered by the Planning and Zoning Commission and Aspen City Council and the Historic Preservation Commission recommended approval; and WHEREAS, the Planning Director of the Community Development Department recommends approval of the proposed amendments to the Land Use Code; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text being removed is bold and strikethrough. this • Text being added is bold and underlined. Text being added looks like this. • Text which is not shown as strikethrough or underlined is not affected. WHEREAS, the Planning and Zoning Commission held a public hearing to consider the proposed amendments to the above noted Chapter on February 1, 2011, took and considered public testimony and the recommendations of the Community Development Director and Historic Preservation Commission and recommended, by a 4 to 1 vote, City Council adopt amendments to the land use code as written in Section 1, below. The Planning and Zoning Commission requested that, as part of the City Council review, staff clarify any possible increases in development rights that could result from a Historic Landmark Lot Split. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Chapter 26.480, Subdivision is hereby amended to read as follows: Sec. 26.480.030. Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and c. The corrected plat will meet the standards of this Chapter and conform to the requirements of this Title, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. • 2. Lot split. The split of a lot f o r the purpose of • • : • • .... • • : • • • • • creating one (1) additional development parcel 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 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 on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 2 b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to ti ti 2 6 , 470 . 040 C.1,u Chapter 26.470. d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the 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 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 building occupies a site which is eligible for a lot split, the dwelling building need not be demolished prior to application for a lot split. g. Maximum potential residential build -out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single - family home. 3. Approved subdivision. All subdivisions approved prior to the effective date of this Chapter, except those lots contained within an approved subdivision which are intended or designed to be resubdivided into smaller lots, condominium units or multi- family dwellings. 4. Historic Landmark lot split. The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for • • • . • •• • • • • • • family the purpose of creating one (1) additional development parcel. The Historic Landmark lot split shall meet the requirements of Subsections 26.480.030.A.2 and 4, Chapter 26.470, : • • - • • • - • • • - • • • • 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, C-1 or 0 MU Zone District. 3 b. The total FAR for both -residenees each lot shall be established by dividing the size allowable floor area for a duplex or two detached residences on of the fathering parcel and according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. . . • .. 1 • . . . .. • • . • • . • • • • • • • . S , , • . . • • • c. The proposed development meets all dimensional requirements of the underlying . Zone District. The variances provided in ' + + • + : • - :.• , - • ` , : ` • ' • Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that will- contains an historic structure. • •• _ • . , . • , ; • • • • ' •' • : • • . Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. 5. Exempt timesharing. The creation of time -span estates that comply with the requirements for exempt timesharing, pursuant to Section 26.590.030 of the Code. This subdivision exemption shall not be used to create any new lots or dwelling units. (Ord. No. 55 -2000, §11; Ord. No. 1- 2002, §11, 2002; Ord. No. 9 -2002, §9; Ord. No. 21 -2002, §7; Ord. No. 34 -2003, §1) Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be 4- deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of February, 2011. Attest: / / / a Jai ie Lothian, Deputy City s 40 ibbs, Chair APPROVED AS TO FORM ames R. True, Special Counsel 5