HomeMy WebLinkAboutordinance.council.005-01 ORDINANCE NO. 5
SERIES OF 2001
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
APPLICATION FOR A HISTORIC LANDMARK DESIGNATION, HISTORIC
LANDMARK LOT SPLIT, AND PLAT VACATION FOR A PROPERTY
LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS,
LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN,
COLORADO.
Parcel ID: 2 735-121-11-007
WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by
Mitch Haas, have requested a 1) Historic Landmark Designation and 2) Historic
Landmark Lot Split, and 3) a Plat Vacation which is described as the vacation o£a 1976
"Statement of Exemption from the Definition of Subdivision for a property located at 610
West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and
Townsite of Aspen, Aspen, Colorado; and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on January 10, 2001, at which time the
HPC considered and found the application to meet the review standards, and
recommended approval to the City Council for the Historic Landmark Designation,
Historic Landmark Lot Split, and approved a .5' east side-yard setback variance for the
landmarked residence on Lot Q, allocation of 500 square foot bonus, and FAR allocation
to newly created lots with conditions by a vote of five to one (5 to 1); and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Planning and Zoning Commission on January, 16th, 2001, at which time
the P&Z considered and found the application to meet the review standards, and
recommended approval to the City Council for the Historic Landmark Designation and
approved the request for a conditional use with conditions by a vote of four to zero (4 to
0); and
WHEREAS, all applications for a Historic Landmark Designation, Historic
Landmark Lot Split, and Plat Vacation shall meet all of the applicable Development
Review Standards including Land Use Code Sections 26.480.080(C), 26.420.010,
26.450.030(A)(2), 26.480.030(A)(4), and 26.470.070(C) in order for City Council to
grant approval; and
WHEREAS, in a staff report dated February 26, 2001, the Community
Development Department determined the application for a Historic Landmark
Designation, Historic Landmark Lot Split met the applicable review standards indicated
above, and recommended City Council approve the requests with conditions;
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WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WltEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation
described as the vacation of a 1976 "Statement of Exemption from the Definition of
Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets,
Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado is approved
with the following conditions:
1. At present, there is a fencing encroachment into the public right-of-way on West
Smuggler Street and a trash shed encroachment into the alley for Block 20 on the
north side of Lot Q. The applicant must either 1) remove the encroachments or 2)
obtain a Temporary Revocable Encroachment License from the City Engineering
Department allowing these encroachments to exist prior to the recording of the
final plat;
2. That the applicant shall submit and record a subdivision plat which meets the
terms of Chapter 26.480 and conforms to the requirements of the Land Use Code,
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;
3. That the applicant agrees that this subdivision exemption lot split resulting in one
3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a
maximum potential build out not to exceed three (3) principal dwelling units
which may be comprised ora duplex and a single-family home pursuant to
Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant
may be able to place two single-family homes on the 6,000 square foot lot (Lots R
and S) as approved as a conditional use by the Planning and Zoning Commission;
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4. Any future development on the newly created lots shall be required to mitigate for
their impact pursuant to Chapter 26.470 Growth Management Quota System
(GMQS) as required;
5. 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 m~d 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;
6. As a minimum, the subdivision plat shall contain a plat note stating that
development of Lots "R-S" shall be required to mitigate for affordable housing
pursuant to Section 26.470.070(B) of the Municipal Code for any future
development;
7. As a minimum, the subdivision plat shall contain a plat note stating that no further
subdivision may be granted for these lots nor will additional traits be built without
receipt of applicable approvals pursuant to Chapter 26.480 and growth
management allocation pursuant to Chapter 26.470. Any development of the lots
will comply with the applicable provisions of the Land Use Code in effect at the
time of application;
8. As a minimum, the subdivision plat shall contain a plat note stating that all new
development on the lots will conform to the dimensional requirements of the R-6
zone district, except for variances approved by an entity having the authority to do
so;
9. That Lots Q, R, and S are designated as historic landmarks and must receive HPC
approval for all development in accordance with Section 26.415 of the Municipal
Code;
10. Contain a plat note stating the total allowable FAR for each newly created lot. In
addition, 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 "Q" receiving
3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it
is found by the Zoning Officer that no lot area reductions are required, the
maximum allowable FAR on Lot "Q" will be 1,340 s:f. (including a 500 square
foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S.' The
information specific to exact allocated FAR as indicated above for both lots as
verified by the City Zoning Officer, shall be included on the plat, as a plat note;
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11. At a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall
meet the recording and timing requirements described in Section 26.480.070(E);
12. Any further development for the historic structure or on the lots created by this lot
split shall be subject to further review as required by Section 26.415 of the Aspen
Land Use Code;
13. That the applicants preserve the "monument" on the south east comer o£Lot S as
required by the City of Aspen Engineering Department;
14. That the applicants shall ensure that each structure on the newly created lots
maintain their separate and individnal meter boxes; and
15. That the applicant agrees that they shall be required to place street trees as a result
of any future development to reflect the traditional cottonwood street tree pattern
currently lining West Smuggler and North Fifth Street as required by the City of
Aspen Parks Department; and
16. Upon obtaining all approvals, the co-applicants will work with their attorneys to
ensure that the Smuggler Condominium Declarations and Plat are vacated and
replaced with the approved and recorded Historic Landmark Lot Split Plat and
associated approval documents (i,e., resolutions and ordinance); and
17. That the applicants shall record the Landmark Lot Split Plat which contains a note
explaining that further subdivision of the subject lands is prohibited unless
otherwise allowed by virtue of future code amendment(s); and
18. That the applicants agree to join any future improvement districts formed for the
purpose of constructing street improvements (including sidewalk, curb, gutter or
paving) or undergrounding of overhead utility lines, proposed for an area
including the subject property; and
19. The applicants agree to reimburse the City for their proportionate share of the cost
of any improvements should the City of Aspen elect to construct them without the
formation of a special assessment district; and
20. That the applicants agree that by eliminating the 1976 "Statement of Exemption
from the Definition of Subdivision" it will be replaced with a newly approved
City Council Ordinance, a Planning and Zoning Commission Resolution, an
Historic Preservation Commission Resolution, and the Historic Landmark Lot
Split Plat, all of which will nm with the land as covenants burdening the same;
and
21. That the applicants shall, before the conveyance of any separate interests in the
premises, pay the City of Aspen the appropriate subdivision dedication fee
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required by Section 20-18 of the Aspen Municipal Code. That the applicants are
required bY the Aspen Land Use Code requirements for payment of applicable
fees; any fees which may be applicable in the future will be paid if and when due.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance slmll not effect 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 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 12th day of February, 2001.
Attest:
Radhel Richards, Mayor
FINALLY, adopted, passed and approved this 26* day of February, 2001~
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Approved as to form:
~J'~n ~or~st~r, City Attorney
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