HomeMy WebLinkAboutRevised_Resolution No. 26, Series of 2020_Lacet Subdivision_Resolution AmendmentRESOLUTION NO. 26
(SERIES OF 2020)
AN RESOLUTION OF THE ASPEN CITY COUNCIL AMENDING RESOLUTION 58,
SERIES 1994 ELIMINATING A PROHIBITION ON DEVELOPMENT IN A 25’
BUFFER FOR LOTS 1, 2, 3, AND 7 OF THE LACET SUBDIVISION AND
CLARIFYING A REVISED LIST OF PERMITTED DEVELOPMENT IN THE 25’
BUFER, LEGALLY DESCRIBED AS LOTS 1-7 OF THE LACET SUBDIVISION, 403,
406, 407, 410, 411, 414, 415 LACET LANE, COMMONLY KNOWN AS THE LACET
SUBDIVISION
WHEREAS, the Community Development Department received an application from
Paulette Perkins and Thomas Hext on behalf of the Lacet Homeowners Association, 152
Haystack Road, Glenwood Springs, CO 81601 to amend Resolution 58, Series of 1993; and,
WHEREAS, Ordinance No. 18, Series of 1993 granted Rezoning, Planned Development,
Subdivision, Growth Management Exemption, and Condominiumization approval for the eight lot
Lacet Subdivision; and,
WHEREAS, a Planned Development and Subdivision Improvement Agreement and
Subdivision Plat for the Lacet Subdivision was recorded in 1993 (Reception #359038), and;
WHEREAS, during the approval of the Subdivision in 1993 the developer agreed to a 25’
buffer between the building envelopes of Lots 1, 2, 3, and 7 and the Riverside Subdivision and the
buffer was depicted on the recorded Final Plat for the Lacet Subdivision; and,
WHEREAS, Resolution 58, Series of 1994 was approved by City Council clarifying the
types of development allowed in the 25’ buffer, limiting improvements to the installation of
underground utility lines and landscaping; and,
WHEREAS, upon review of the application, permit records, and Resolution 58, Series of
1994, staff determined improvements prohibited by Resolution 58 have been constructed in the
area of restricted development; and,
WHEREAS, letters provided by current neighbors have demonstrated reduced concern for
the impacts of the Lacet Subdivision and support for applying the City of Aspen Land Use Code
Setback regulations to this area; and,
WHEREAS, The Community Development Director determined the presence of
Resolution 58, Series of 1994 in the official record creates a unique and atypical restriction on
the owners of the subject properties which the applicant seeks to rectify; and,
WHEREAS, at a duly noticed public hearing on April 14, 2020, the Aspen City Council
opened and considered a requested amendment to Resolution No. 58, Series of 1994 and
continued the hearing to June 9, 2020, the City Council approved Resolution No. 26, series of
2020 by a _____ to _____ ( __ - __ ) vote, approving an amendment to Resolution No. 58, Series
of 1994; and,
WHEREAS, the City Council further finds that the proposed Resolution is consistent
with the policies in the Aspen Area Community Plan and requirements of Title 26 of the City of
Aspen Municipal Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1: Amended Resolution No. 58, Series of 1993
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Section 1 of Resolution No. 58, Series of 1994 is hereby deleted in its entirety.
Section 2: Regulations Applicable to the 25’ buffer between Lots 1, 2, 3, and 7 and the
Riverside Subdivision:
Section 1 of Resolution No. 58, Series of 1994 is hereby replaced with the following language:
All areas outside of building envelopes established in the Subdivision Agreement and Plat
including, but not limited to, the 25’ buffer between the building envelopes of lots 1, 2, 3, and 7 in
the Riverside Subdivision, shall be subject to the following development allowances unless
specifically indicated in the Subdivision Agreement or the Plat:
A. Above or below ground utilities, including transformers and vaults, below-grade heating or
cooling conduit or infrastructure such as a ground-source heat pump system, below-grade
dry wells or other at-grade or below-grade drainage infrastructure.
B. Trees and vegetation.
C. Artwork, sculpture, seasonal displays.
D. Flagpoles, mailboxes, address markers.
E. Foundation footers, soil nails or below-grade tiebacks, and similar improvements necessary
for the structural integrity of a building or other structures.
F. The minimum projection necessary to accommodate exterior mounted utility junctions,
meters, cable boxes, vent flues, standpipes, and similar apparatus and including any
protective structure as may be required by the utility provider.
G. Building eaves, bay windows, window sills, and similar architectural projections up to
eighteen (18) inches as measured from the setback boundary.
H. The minimum projection necessary to accommodate light wells and exterior basement
stairwells as required by adopted Building or Fire Codes as long as these features are
entirely recessed behind the vertical plane established by the portion of the building
façade(s) closest to any Street(s).
If any portion of the feature projects into the setback, the entire feature may be no larger
than the minimum required.
Features required for adjacent subgrade interior spaces may be combined as long as the
combined feature represents the minimum projection into the setback. There is no vertical
depth limitation for these features.
This exemption does not apply to Areaways. This exemption does not apply to light wells
and exterior basement stairwells which are not required by adopted Building or Fire Codes.
I. The minimum projection necessary to accommodate an exterior-mount fire escape to an
existing building, as may be required by adopted Building or Fire Codes.
J. Uncovered porches, landscape terraces, slabs, patios, walks and similar features, which do
not exceed six (6) inches vertically above or below the surrounding finished grade for the
entire feature.
K. Landscape walls, berms, retaining walls, stairways and similar structures, which do not
exceed thirty (30) inches vertically above or below the lower of natural or finished grade
Improvements may be up to thirty (30) inches above and below grade simultaneously, for up
to a sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement. (See Figure 16).
Berms are prohibited in the front yard setback.
L. Drainage swales, stormwater retention areas, bio retention areas, rain collection systems,
and similar stormwater retention, filtration or infiltration devices or facilities are permitted
in setbacks as long as the finished grade of the top of the improvement does not exceed
thirty (30) inches vertically above or below the surrounding finished grade. Stormwater
improvements or portions thereof may be buried and exceed thirty (30) inches below grade
as long as the finished grade above the facility does not exceed thirty (30) inches vertically
above or below the surrounding finished grade. These features may be up to thirty (30)
inches above and below finished grade simultaneously.
M. The height and placement of energy efficiency or renewable energy production systems and
equipment which are located adjacent to or independent of a building shall be established by
the Planning and Zoning Commission pursuant to the procedures and criteria of Chapter
26.430—Special Review. These systems are discouraged between any lot line adjacent to a
street and any structure. For energy production systems and equipment located on top of a
structure, see Subsection (f)(4).
N. Fences and hedges less than forty-two (42) inches in height, as measured from finished
grade, are permitted in all required yard setbacks. Fences and hedges up to six (6) feet in
height, as measured from finished grade, are permitted only in areas entirely recessed behind
the vertical plane established by the portion of the building facade which is closest to the
Street. This restriction applies on all Street-facing facades of a parcel. (Also see Section
26.575.050—Supplementary Regulations for limitations on fence materials.)
O. Non-permanent features which are not affixed to the ground such as movable patio
furniture, outdoor seating or a picnic table, barbeque grills, children's play equipment, and
similar nonpermanent features which are not affixed to the ground. This exemption shall not
allow storage sheds or containers.
All other types of development not explicitly stated above, but that are development activities
typically allowed in a setback, are prohibited.
All existing easements in the Lacet Subdivision remain unaffected by this Resolution. The public
pedestrian access easement on Lots 1 and 7, providing public pedestrian access from Riverside
Drive to Lacet Lane shall remain in place and unobstructed allowing for continued pedestrian
access as intended and shown on the Approved Subdivision Plat recorded with the Pitkin County
Clerk and Recorder in Book 35 Page 11.
Section 3: Development Allowances for all other areas outside established building envelopes
in the Lacet Subdivision:
All other areas outside of building envelopes, except for the 25’ buffer in Lots 1, 2, 3, and 7, as
established in the Subdivision Agreement and Plat shall be subject to all restrictions applicable to
development in setbacks under Section 26.575.020 of the City of Aspen Land Use Code, as
amended from time to time, unless specifically indicated in the Subdivision Agreement or the Plat.
Section 4:
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 Resolution s repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior Resolution s.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 6:
A duly noticed public hearing on this Resolution was held on the 9th day of June, 2020 at 5:00 PM
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a _____ to ______ (_____-____) vote on this 9th day
of June, 2020.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Torre, Mayor
Attest:
_______________________
Nicole Henning, City Clerk