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Home My WebLink Aboutordinance.council.023-98Ordinance No 23, Series 1998 Page 1 ORDINANCE NO. 23 (Series of 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 920 WEST HALLAM STREET (LEGALLY DESCRIBED AS THE EAST 1/2 OF LOT M, ALL OF LOTS N, O, AND P AND A PORTION OF LOT Q, BLOCK 4, CITY AND TOWNSITE OF ASPEN) AS A HISTORIC LANDMARK PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE; APPROVING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT PURSUANT TO SECTION 26.88.030(A)(5) OF THE ASPEN MUNICIPAL CODE; AND APPROVING A LANDMARK DESIGNATION GRANT OF $2,000 PURSUANT TO SECTION 26.76.040(C) OF THE ASPEN MUNICIPAL CODE. Whereas, Aspen Historic Cottages, LLC, owner and applicant, has applied for the following: Historic Landmark designation for 920 West Hallam Street pursuant to Section 26.76.040 of the Municipal Code; a subdivision exemption for an Historic Landmark Lot Split pursuant to Section 26.88.030(A)(5) of the Municipal Code; a Landmark Designation Grant of $2,000 pursuant to Section 26.76.040(C) of the Municipal Code; and, a waiver of Park Development Impact Fees pursuant to Section 26.44.060 of the Municipal Code; and, Whereas, the Historic Preservation Commission recommended, by a 7-0 vote, Historic Designation at a public hearing on November 12, 1997, and the Planning and Zoning Commission recommended, by a 7-0 vote, Historic Designation at a public hearing on December 2, 1997; and, Whereas, City Council, pursuant to Section 26.76, has the authority to designate a property an Historic Landmark during a public hearing after considering the review criteria of said Section, after considering recommend~iionS made during public hearings from the Historic Preservation Commission and the Planning and Zoning Commission, and after taking and considering public comment; and, Whereas, City Council, pursuant to Section 26.88.030(B), has the authority to approve Subdivision Exemptions for Historic Landmark Lot Splits during a public hearing after considering the review criteria of said Section, after considering recommendations made during public hearings from the Historic Preservation Commission, and after taking and considering public comment; and, Whereas, the City Council may approve a one-time Historic Landmark grant of $2,000 and may waive park development impact fees associated with development for properties designated as an Historic Landmark; and, Whereas, the Historic Preservation Commission recommended, by a 7-0 vote, Historic Landmark Lot Split approval with conditions at a public hearing on July 8, 1998; Whereas, pursuant to Section 26.76, the City Council has found the property meets standards B (architectural importance), D (neighborhood character), and E (community character), thereby determining the property eligible for Historic Landmark designation; and, IIIIIII IIIII IIIIII till IIIIIII IIIII IIIII III Illll IIII IIII 430~08 94/19/1999 19:3811 ORDZN;II4C DRVIS SILVI I af 5 R 26.09 D 0.00 N 0.09 PZTKXN COUNTY CO Ordinance No 23, Series 1998 Page 2 Whereas, pursuant to Sections 26.88.030(A)(2) and (5), 26.100.050(A)(2)(e), and 26.72.010(G) of the Municipal Code, the City Council finds that the Historic Landmark Lot Split, with conditions, meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and, Whereas, during a public hearing, City Council has taken and considered public comment, considered the recommendations of the Community Development Department, the Historic Preservation Commission, and the Planning and Zoning Commission; 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: Section One That the structure and property at: 920 west Hallam Street, the east half of Lot M, all of Lots N, O, and P, and a portion of Lot Q, Block 4, City and Townsite of Aspen, be designated an Historic Landmark. Section Two That the property owner shall receive a $2,000 landmark designation grant from the City of Aspen, but that the Park Development impact fees associated with the development shall not be waived in whole or in pan and shall be paid in full at the time of building permit issuance. Section Three Pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of the Municipal Code, and subject to those conditions of approvai as specified herein, the City Council finds as follows in regard to the subdivision exemption: i. 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 0fthe Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and s'urvey 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. IIIIIII IIIII IIIIII IIII IIIIIII Illll IIIll III IIIII IIII IIII 43eeee, e4/19/;.999 1e:38ll ORDINRNC DIIVIS $ILVI 2 e( 5 R 26.O8 D 0.0e N e.ee PITKIN COUNTY CO Ordinance No 23, Series 1998 Page 3 Section Four Pursuant to the findings set forth in Section Three, above, the City Cotmcil does hereby grant an Historic Landmark Lot Split subdivision exemption for 920 West Hallam Street with the following conditions: A. 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: (1) Meet the requirements Of Section 26.88.0400D)(2)(a) of the Aspen Municipal Code; (2) Contain a plat note stating that development of new residences shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; (3) 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. (4) The easterly parcel (Lot A) will be assigned an allowable FAR of 1,854 square feet. The westerly parcel (Lot B) will be assigned an allowable FAR of 2,354 square feet (plus the potential for an HPC granted FAR bonus of up to 500 square feet). The information contained in the two previous sentences will need to be included on the plat, as a plat note. B. 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). C. 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. D. All material representations made by the applicant in this application and during public hearings with the Historic Preservation Commission and/or City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. Section Five That the Official Zone District Map be amended to reflect the Historic Landmark designation of this property as described in Section One. IIIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 430008 04/19/1999 10:381:10RDINf:INC DI:IVTS SZLVX 3 o;' S R 26.00 O e.eO N 0.00 PZTKZN COUNTY CO Ordinance No 23, Series 1998 Page 4 Section Six That the Community Development Director shall be directed to notify the City Clerk of said designation, and the City Clerk shall record this Ordinance with the Pitldn County Clerk and Recorder. Section Seven That if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invaiid 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 Eight A public hearing on this Ordinance was held on the 271h day of July, 1998, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which, 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 the/3 day o~~.~ 1998. Approved as to form: Approved as to content: City Attorney John Bennett, Mayor Attest: 5~h, City Clerk FINALLY, adopted, passed andapprovedthis~-'day o~998. IIIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III Illll IIII IIII 438008 04/19/1999 10:38R ORDINANC DAVIS SILVI 4 o~ 5 R 26.80 O 8.80 N Q.ee PITKIN COUNTY CO Ordinance No 23, Series 1998 Page 5 Approved as to form: Approved: Attest: ..,,.,, ~'~,,City Clerk~ . ~ (5 ,~ !-" %,~., c:Faome2mitchh/counciF920ord2.doc IIIIIII IIIII IIIIII IIII IIIIIII IIIII IIIII III IIIII IIII IIII 430~08 0411911999 Z0:381~ ORDINI:INC DI:IVI$ SXLV1' 5 e,( 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO