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Home My WebLink Aboutordinance.council.017-2021 RECEPTION#: 680852, R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4,09/24/2021 at 10:42:40 AM Janice K.Vos Caudill, Pitkin County, CO ORDINANCE# 17 (SERIES OF 2021) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MAJOR SUBDIVISION,AMENDMENTS TO THE LAND USE CODE & ZONING MAP, PLANNED DEVELOPMENT-PROJECT REVIEW,AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 501 WEST HOPKINS AVENUE, LEGALLY DESCRIBED AS LOT 1,BOOMERANG LOT SPLIT,A PLANNED COMMUNITY,ACCORDING TO THE PLAT RECORDED JUNE 16,2006 IN PLAT BOOK 79 AT PAGE 70,AS RECEPTION NO. 525370,PITKIN COUNTY, COLORADO. WHEREAS, the Community Development department received an application from R.D. Olson Investments II, LLC, requesting approval for Major Subdivision, Amendments to the Land Use Code & Zoning Map, Planned Development Review-Project Review, and Growth Management Review for the property located at 501 West Hopkins Avenue; and, WHEREAS,upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval for Major Subdivision, Amendments to the Land Use Code&Zoning Map,Planned Development Review-Project Review,and Growth Management Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommended approval of the proposed Land Exchange via Resolution#09 Series of 2021 under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on August 3`d, 2021; and, WHEREAS, the Aspen City Council considered the request at 1st Reading on August 10`h, 2021 and at 2°d Reading (a duly noticed public hearing) on August 20; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for a Major Subdivision, Amendments to the Land Use Code & Zoning Map, Planned Development- Project Review, and Growth Management Review meets the applicable land use standards, and voted four to zero (4 to 0) on August 241h, 2021 to approve the request; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare. Council Ordinance#17, Series of 2021 Page 1 of 6 NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE FOLLOWING: Section 1: Maior Subdivision Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the request for Major Subdivision to vacate and convey a total of 4,000 sq. ft. of City-owned right-of-way and other City owned land to the benefit of the subject property. The land approved for vacation is Parcel A, which is to be conveyed along with Parcels B & C as represented in Exhibit A to this Resolution. Section 2: Amendments to the Land Use Code& Zoning May Upon the vacation and conveyance of the City-owned lands referenced in Section 1, City Council hereby approves zoning the acquired lands from Park(P)to Medium Density Residential (R-6). Section 3: Planned Development- Proiect Review Upon the vacation, conveyance and zoning of the City-owned lands referenced in Section 1, City Council hereby approves a Planned Development overlay on the newly amended parcel, subject to the following conditions: 1. The maximum allowable Floor Area on the amended parcel shall not exceed 3,810 sq. ft. for a single-family dwelling and 4,230 sq. ft. for a duplex dwelling or two detached dwellings. Floor Area shall be based upon the methodology prescribed within the Land Use Code, however all vacated right-of-way and other land transferred by the City to the applicant and incorporated in the amended Lot 1 shall be included in the lot area for purposes of calculating allowable Floor Area and density on the property. 2. Pursuant to the standards prescribed within the R-6 zone district, each residence on the parcel,excluding accessory dwelling units and carriage houses, shall be eligible for one(1) Floor Area increase in exchange for the extinguishment of one (1) historic Transferrable Development Right. Each TDR shall allow an additional 250 sq. ft. of Floor Area above the maximum prescribed in Section 3.1 of this Ordinance. Any TDRs previously extinguished on the subject property shall deduct from the total number of TDRs allowed for extinguishment. 3. Exhibit B represents the building envelope for the property. The table below sets forth the minimum setbacks required on the parcel as depicted on the building envelope. i Setback Dimensions Minimum Setback Side Yard west side 5 ft. Side Yard (east side) 10 ft. Combined Side Yard 15 ft. Front Yard 10 ft. Rear Yard 10 ft./ 5ft. garage/accessory Council Ordinance#17, Series of 2021 Page 2 of 6 Section 4: Growth Management Review Future affordable housing mitigation associated with development on this property may be met by right via fee-in-lieu and shall be assessed at the rate in place at the time of building permit issuance, or the last fee-in-lieu rate in place if no current rate exists. Should the property be redeveloped or engage in development activity which meets the definition of demolition, affordable housing mitigation shall be provided as prescribed by the land use code in place at the time the development application is made. Section 5: Subsequent Reviews Pursuant to Land Use Code Section 26.445.090, Documents and Deadlines, a plan set shall be submitted to the Community Development department within one hundred eighty (180) days following the date of voter approval. The plan set shall be subject to review and approval by City Staff to ensure P&Z, City Council and voter intent. The plan set shall include the following documents, all of which shall be approved and recorded concurrently: 1. An Amended Plat representing the new lot and approved building envelope 2. A Right-of-Way Vacation Plat 3. A Yard& Landscape Easement Agreement and Exhibit Map 4. The Deed of Conservation Easement and Exhibit Map Section 6: Election Pursuant to Section 5.5, of the Home Rule Charter for the City of Aspen, and a resolution of City Council setting the ballot question, City Council refers this Ordinance No. 17 (Series of 2021) to the voters at the coordinated election scheduled for November 2,2021,to be considered coincident with and as one question with Ordinance No. 18 (Series of 2021). Section 7: Material Representations 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 City Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 8: Existing Litigation 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 9: Severability 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. Council Ordinance#17, Series of 2021 Page 3 of 6 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 10`h day of August 2021. APPROVED by City Council at its meeting on August 101h, 2021. ATTEST: Nicole Henning,City Clerld Torre,Mayor FINALLY, adopted, passed, and approved by a four to zero (4 - 0) vote on this 24d, day of August 2021. Approved as to form: Approved as to content: James R.True,City Attorney Torre,Mayor Attest: t, Nicole Henning,City Clerk Council Ordinance#17, Series of 2021 Page 4 of 6