HomeMy WebLinkAboutordinance.council.020-98 ORDINANCE No. 20
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A~PROVAL
OF LANDNIARK DESIGNATION AND A SUBDIVISION EXEMPTION FOR AN
HISTORIC LANDMARK LOT SPLIT AT 930 KING STREET
CITY OF ASPEN
WHEREAS, pursuant Section 26.76.020 of the Municipal Code, to be eligible for
landmark designation, a structure or site must meet two (2) or more of the five (5)
standards; and
WHEREAS, pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of
the Municipal Code, an Historic Landmark Lot Split is a subdivision exemption subject
to review and approval by City Council after obtaining a recommendation from the
Historic Preservation Commission (hereinafter HPC); and
WHEREAS, the applicant, NPJ, LLC, has requested to split the 13,343 square
foot parcel to create two separate single-family residential lots of 8,059.99 square feet
and 5,282.66 square feet respectively; and
WHEREAS, pursuant to Section 26.72.010(G) of the Municipal Code, the HPC
reviewed the request for the historic lot split, and pursuant to Section 26.76. 030, they
reviewed the request for landmark designation at a prope~y noticed public hearing on
March 25, 1998 and recommended approval; and
WHEREAS, pursuant to Section 26.76. 030, the Planning and Zoning
Commission reviewed the request for landmark designation at a prope~y noticed public
hearing on May 19, 1998 and recommended approval; and
WHEREAS, the Community Development Department has reviewed the
application and recommended approval of both the Landmark Designation and the
Historic Landmark Lot Split, with conditions; and
WHEREAS, the Aspen City Council has reviewed and considered the Landmark
Designation and the subdivision exemption under the applicable provisions of Chapters
26.72 and 26.88 of the Municipal Code as identified herein, has reviewed and considered
those recommendations made by the Community Development Department, the Historic
Preservation Commission, and the Planning and Zoning Commission, and has taken and
considered public comment at a public hearing; and
WHEREAS, the City Council finds that the Landmark Designation and the
Historic Landmark Lot Split, with conditions, meets or exceeds all applicable
development standards of the above referenced Municipal Code sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Sections 26.88.030(A)(2) and (5), 26.72.010(G), and Section
26.76.020 of the Municipal Code, and subject to those conditions of approval as
specified herein, the City Council finds as follows in regard to the subdivision exemption
and the Historic Landmark Designation:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and,
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.88.010 of the Municipal Code, which purposes include:
assist in the orderly and efficient development of the City; ensure ~he proper
distribution of development; encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision; improve land records and
survey monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; and, promote the health, safety and general welfare of the residents of
the City of Aspen.
3. The landmark designation is appropriate, finding that standards B
(architectural importance), D (neighbOrhood character) and E (community
character) of Section 26.76.020 are met.
Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does
hereby designate as an Historic Landmark and grant an Historic Landmark Lot Split
subdivision exemption for 930 King Street with the following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development and Engineering Departments and
recorded in the office of the Pitkin County clerk and recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the plat
invalid and reconsideration of the plat by City Council will be required for a showing
of good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal
Code;
~ b. Contain a plat note stating that development of Lot 1 shall be required to mitigate
for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal
Code;
c. Contain a plat note stating that the lots contained therein shall be prohibited from
applying for further subdivision and any development of the lots will comply
with the applicable provisions of the Land Use Code in effect at the time of
application;
d. The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined, equal to 4,384 square feet of floor area prior to consideration
of potentially applicable lot area reductions (i.e., slopes, access easements, etc.).
The applicant shall verify with the City Zoning Officer the total allowable FAR
on each lot, taking into account any and all applicable lot area reductions. The
property shall be subdivided into two parcels, Lot 1 containing 8059.99 square
feet and Lot 2 containing 5282.66 square feet. Provided ii is found by the Zoning
Officer that no lot area reductions are required, the maximum allowable FAR on
Lot 2 would be 1561 square feet of floor area (including a 250 square foot floor
area bonus, as granted by the HPC) and 2795 square feet of floor area on Lot 1
(the two historic outbuildings on Lot 2 will remain). The information verified
by the City Zoning Officer shall be included on the plat, as a plat note;
e. Contain a plat note stating that all new development on the lots will conform to the
dimensional requirements of the RI 5A zone district, except the variances approved
by the HPC.
f. That the base elevation from which building height will be measured is hereby
established as 7926' which represents the topographic elevation of the site in i975,
prior to fill activity.
g. That the two lots will share a common driveway on King St. The common
driveway will be 10' wide at King St. to the front setback line and then widened
as necessary to provide adequate maneuvering room between the two garages.
This requirement shall be reflected on the final exemption plat and shall contain
language addressing a cross-access easement between the two properties.
h. That both Neale St. and King St. will have a front yard setback of 25'.
i. That the development of both Lots I and 2 are further subject to HPC Final
Development approval in accordance with Section 26.72.010.
2. As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the
recording and timing requirements described in Section 26.88.030(A)(2)(e).
3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a
sidewalk, curb and gutter construction agreement and pay the applicable recording
fees.
4. All material representations made by the applicant in this application and during
public hearings with the City Council shall be adhered to and shall be considered
conditions of approval, unless otherwise amended by City Council.
5. That the construction of a new single-family dwelling on Lot 1 created through
this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) is hereby
exempted by the Community Development Director from residential Growth
Management allocations and shall not be deducted from the pool of annual
development allotments or from the metro area development ceilings, in
accordance with Section 26. 100.050(A)(2)(e).
Section 3: If any section, ~ubsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4: 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 5: A public hearing un the Ordinance was held on the 13th day of july, 1998, the
10th day of August, 1998, the 21st day of September 1998, and the 281h day of
September, 1998 at 5:00 P.M. 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 once 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 the 22rid day of June, 1998.
AT. TEST:
APPROVED AS TO FORM:
J o ~l~'~A~ome y
FINALLY, adopted, passed and approved this 28th day of September, 1998.
Y
ATTEST:-