HomeMy WebLinkAboutFile Documents.725 Cemetery Ln.0045-2019-BRES (24) RECEPTION# : 622107 , 08/04/2015 at 11 : 29 : 56 AM, 1 OF 5 , R $31 . 00
Janice K . Vos Caudill , Pitkin County , CO
ORDINANCE NO. 22
(SERIES OF 2015)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725
CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737-073-16-003
WHEREAS, the Community Development Department received an application from
BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property
commonly known as 725 Cemetery Lane; and,
WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and,
WHEREAS, the Applicant has requested a Lot Split review by the City Council and
approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of
gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and,
WHEREAS, the City Council has reviewed and considered the lot split proposal 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 duly noticed public hearing on July 13, 2015; and,
WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council
opened the hearing, took public testimony, considered pertinent recommendations from the
Community Development Director, and referral agencies of the City of Aspen and adopted
Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725
Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to
Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and,
WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all
the applicable development standards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots;
allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and,
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RECEIVED
10/17/2019
ASPEN
BUILDING DEPARTMENT
RECEPTION# : 622107 , 08/04/2015 at 11 : 29 : 56 AM, 2 OF 5 ,
Janice K . Vos Caudill , Pitkin County , CO
Section 2: Plat
The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter
26.490, Approval Documents; within 180 days of approval. The existing home need not be
demolished to accommodate the newly created lot boundaries. The existing structure may remain
for the life of the original structure only. Upon demolition, as defined in Section 26.104.100,
Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district
provisions with respect to the newly created lot boundaries and setbacks.
Section 3: Subdivision
No further subdivision may be granted for the newly created lots. No additional units shall be
constructed without the required land use approvals and growth management allocations.
Section 4: Engineering
The existing driveway and curb cut configuration shall be abandoned upon demolition of the
existing residence. Access to the newly created Lot 1 is required to be off the existing 20' "Non-
Exclusive Easement" as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will
not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. If objections
by the grantees of the easement recorded in Book 572 Page 384 prevent the use of said easement by
Lot 1 ; Lots 1 and 2 shall only be permitted one curb cut to serve both Lots 1 and 2, subject to
approval by City Engineering.
Section 5: Parks
The Parks Department will require separate landscape and tree protection reviews for each new lot
upon the request for building permit. Staff will determine if an approved tree permit will be
required prior to demolition or significant property changes. Tree removal mitigation will be
handled through cash-in-lieu payment or by on-site plantings, such as street trees. Planting in the
public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements
to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks
Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings
shall be completed and conceptually approved prior to building permit submittal.
Section 6: Water/Utilities
Upon future development of either lot, utility design shall be incorporated into plans that will
address individual services and meters for each lot. The Holden-Marolt Ditch runs along the
western boundary of each newly created parcel. Prior to recording the plat for the lot split, an
easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch
with reference to the recorded easement be shown in its full easement width on the plat.
Section 7: Existing Floor Area Credit Allocation
The floor area calculations for the existing single family home shall be provided with the
demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor
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RECEIVED
10/17/2019
ASPEN
BUILDING DEPARTMENT
RECEPTION# : 622107 , 08/04/2015 at 11 : 29 : 56 AM, 3 OF 5 ,
Janice K . Vos Caudill , Pitkin County , CO
area credit applies to three forms of mitigation. Credit for the existing floor area shall be
allocated between the two lots evenly; with the exception of floor area credit as it is applied to
School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be
applied to Lot 1 . This allocation, notated by "fee type", is shown in Table 1 .
Table 1. Existing Floor Area Credit Allocation Table
Fee Type Lot 1 Lot 2
School Land Dedication 100% 0%
Parks 50% 50%
Affordable Housing 50% 50%
If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to
any floor area credit. This condition may be amended by the Community Development Director.
Nothing herein shall exempt development on these lots to the applicability of impact fees,
amendments to fee schedules or adoption of new impact mitigation requirements.
Section 8: Vested Property Rights
The development approvals granted herein shall constitute a site-specific development plan vested for
a period of three (3) years from the date of issuance of a development order.
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, 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, 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: Hutton
Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of
the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page
271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line
of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes
west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14
minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the
westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the
westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by
Ordinance No. 22, Series of 2015, of the Aspen City Council.
3
RECEIVED
10/17/2019
ASPEN
BUILDING DEPARTMENT
RECEPTION# : 622107 , 08/04/2015 at 11 : 29 : 56 AM, 4 OF 5 ,
Janice K . Vos Caudill , Pitkin County , CO
Section 9:
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 construed and concluded under such prior ordinances.
Section 10:
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 11:
A public hearing on the ordinance shall be held on the 13th day of July, 2015, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
Section 12:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 22" of June, 2015.
Attest:
A
► k oL 41,1
Linda Manning, City Cle k Stever kad on, Mayor
FINALLY, adopted, passe. and approved this 13th day of J y, 2015.
Attest:
fr
Linda Manning, City Clerk Steven Skadr In, Mayor
Approved as to form:
ames R. True, City Attorney
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RECEIVED
10/17/2019
ASPEN
BUILDING DEPARTMENT
RECEPTION# : 622107 , 08/04/2015 at 11 : 29 : 56 AM, 5 OF 5 ,
Janice K . Vos Caudill , Pitkin County , CO
Ordinance 22, Series 2015
Exhibit A
Hutton Lot Split
A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10
SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN
THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4
CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST
1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET;
THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76
DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE
OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00
FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF
BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO
5
RECEIVED
10/17/2019
ASPEN
BUILDING DEPARTMENT