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Home My WebLink Aboutordinance.council.010-15 RECEPTION#: 620536, 06/08/2015 at 11:51:45 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #10 (Series of 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 530 W. HALLAM, LOTS K,L,AND M,BLOCK 28, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #: 2735-124-25-004 WHEREAS, the applicant, 530 Hallam, LLC, represented by Kim Raymond Architects, has requested a Historic Landmark Lot Split for the property located at 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado; and WHEREAS, for-City Council approval of a Historic Landmark Lot Split;the application shall meet the requirements of Municipal Code Section 26.480.060.B regarding Minor Subdivision; and WHEREAS, at their regular meeting on February 11, 2015, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and recommended City Council approval, with conditions, by a vote of 4 to 0; and WHEREAS, Amy Simon, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split for 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado with the following conditions: 1. The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 — Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City. The Plat shall: 530 W. Hallam Ordinance#10, Series of 2015 Page 1 of 3 a. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land.Use Code in effect at the time of application; b. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except for any approved variances; and c. Be labeled to indicate that the maximum floor area allowed on Lot 1, a 4,150 square foot lot containing the Victorian home, is 2,138 square feet and on Lot 2, a 4,850 square foot lot containing new home,is 2,442 square feet. Section 2: 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. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or.by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval.shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation'of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and. the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertaining to the following described property: 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado. 530 W. Hallam - Ordinance#10, Series of 2015 Page 2 of 3 Nothing iii this approval shall exempt the development. order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 13th day of April, 2015, 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 in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as-pr.vided by law, by the City Council of the City of Aspen on the 9th day of March,2015. i Steven Skadr p,Mayor AT EST: LN Lmda Manning, City Clerk ` FINALLY,adopted,passed and approved this day of 4,11 201/ 1. ��` ` _ Steven Skadron,Ma or A EST: t . ru mda Manning, City Cler APPROVED AS TO FORM: mes R. True,City Attorney 530 W. Hallam Ordinance#10, Series of 2015 Page 3 of 3 IVIVl1, Ivlal LJ, LV 1J 11050592 Ad Ticket#5 ? Acct: 1013028 Narne: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail : ANGELA.SCOREYQa CITY Client: Caller: An Scorey City: Aspen Receipt State: CO zip: 81611 Ad Name: 11050592A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 03/26/15 Stop: 03/26/15 Color: Issue 1 Copyline: 530 Hallam street lot split Rep: AT Legals PUBLIC NOTICE RE:530 W. HALLAM STREET- HISTORIC LANDMARK LOT SPLIT Lines: 25 NOTICE IS HEREBY GIVEN that a public hearing Depth: 2.1 will be held on.Monday, April 13, 2015,at a meet- ing to begin at 5:00 p.m. before the Aspen City Columns: 1 Council, Council Chambers, City Hall, 130 S. Gale- na St., Aspen to consider an application submitted Discount: 0.00 by 530 Hallam LLC, 0133 Prospector Lane, Ste. Commission: 0.00 4102B, Aspen, CO 81611, affecting the property at. 530 W_ Hallam, Lots K, L, and M, Block 28, City Net: 0.00 and Townsite of Aspen, Colorado, Parcel ID#2735-124-25-004. The applicant is requesting Tax: 0.00 approval to subdivide the lot for the construction of a new home. For further information, contact Amy Total 12.65 Simon at the City of Aspen Community Develop- ment Department, 130 S_ Galena St_, Aspen, CO, Payment 0.00 (970) 429-2758, amy.simon®cityofaspen.com. s/Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on March 26, 2015. (11050592) Ad shown is not actual print size