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ORDINANCE NO.2
(SERIES OF 2006)
,
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE 202 N. MONARCH STREET SUBDIVISION, DIVIDING THE
PROPERTY AT 202 NORTH MONARCH STREET INTO TWO PARCELS OF
LAND, CREATING LOTS 1 AND 2, OF THE 202 NORTH MONARCH STREET
SUBDIVISION CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-17-005
WHEREAS, the Community Development Department received an application
from Blu Vic, LLC, represented by Stan Clauson and Associates, Inc, requesting to
subdivide the property located at 202 N. Monarch Street (Lots K-O, Block 78, City and
Townsite of Aspen), to create Lots I and 2 of the 202 N. Monarch Street Subdivision; and,
WHEREAS, the fathering parcel has a split zoning with the westernmost 9,000
square feet (Lots K-M) being zoned R-6 (Medium Density Residential) and the easternmost
6,000 square feet (Lots N-O) being zoned Mixed Use (MU); and,
WHEREAS, the proposed Lot I is to contain 9,000 square feet and maintain the R-
6 (Medium Density Residential) zoning designation that the land currently contains; and,
WHEREAS, the proposed Lot 2 is to contain 6,000 square feet and maintain the
Mixed Use (MU) zoning designation that the land currently contains; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval, with conditions, of the
proposed subdivision; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Planning and Zoning Commission also recommended that City Council approve with
conditions, the 202 N. Monarch Street Subdivision without allowing the opening and
improvement ofthe alleyway pursuant to Planning and Zoning Commission Resolution No.
37, Series of 2005; and,
WHEREAS, the Planning and Zoning Commission expressed that they supported
keeping the alleyway closed and providing for vehicular access from E. Bleeker Street to
the new parcels to be created; and,
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, during a duly noted public hearing on February 13, 2006, the Aspen
City Council reviewed the proposed 202 N. Monarch Street Subdivision and continued the
public hearing to February 27, 2006; and,
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WHEREAS, during a continued public hearing on February 27, 2006, the Aspen
City Council reviewed the proposed 202 N. Monarch Street Subdivision and continued the
public hearing to March 13,2006; and,
WHEREAS, during a continued public hearing on March 13, 2006, the Aspen City
Council reviewed the proposed 202 N. Monarch Street Subdivision and approved
Ordinance No.2, Series of 2006,by a three to two (3-2) vote, approving with conditions,
the 202 N. Monarch Street Subdivision, the opening of the westernmost 90 feet of Block 78
Alley to access Lot I and opening of the easternmost 145 feet of the Block 78 Alley to
access Lot 2 of the subdivision; and,
WHEREAS, during a regular City Council meeting on March 27, 2006, City
Council voted three to two (3-2) to reconsider the decision that was made on March 13,
2006; and,
WHEREAS, during a regular City Council meeting on April 10, 2006, City
Council continued the review of the reconsideration of the decision rendered on March 13,
2006; and,
WHEREAS, during a continued reconsideration hearing on April 24, 2006, the
Aspen City Council reconsidered the proposed 202 N. Monarch Street Subdivision and
approved Ordinance No.2, Series of 2006, by a three to two (3-2) vote, approving with
conditions, the 202 N. Monarch Street Subdivision, providing vehicular access to Lot I
through via a curb cut off of East Bleeker Street and by opening of the easternmost 145 feet
of the Block 78 Alley for vehicular access to Lot 2 of the subdivision; 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,
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:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the 202 N. Monarch Street Subdivision, subdividing the parcel
located at 202 N. Monarch Street into 9,000 square foot parcel (Lot 1 of the subdivision) and a
6,000 square foot parcel (Lot 2 of the subdivision), with the conditions contained herein.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Dimensional Requirements
Development on Lot I of the Subdivision shall conform to the dimensional requirements of
the R-6. (Medium Density Residential) Zone District. Development on Lot 2 of the
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JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 D 0.00
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Subdivision shall conform to the dimensional requirements of the Mixed Use (MU) Zone
District.
Section 4: Growth Manal!ement Allotments
Since the Applicant is not proposing any development on Lot 1 of the subdivision at this
time and there is not a specific development plan proposed on Lot 2 of the subdivision, any
future development within the subdivision shall require receipt of applicable growth
management allocations prior to submitting for a building permit.
Section 5: Historic Preservation Review on Both Lots
Any development on either Lot I or Lot 2 of the subdivision shall be subject to review and
approval pursuant to Chapter 26.415, Development Involving the Aspen Inventory of
Historic Landmark Sites and Structures.
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Section 6: Sidewalk, Curb, and Gutter
Prior to issuance of a certificate of occupancy for any new development within the
subdivision, the Applicant shall have installed an attached sidewalk meeting the City
Engineer's design requirements along the entire lot frontage abutting East Bleeker Street.
The Applicant shall also enter into a sidewalk agreement to install a future sidewalk
adjacent to North Monarch Street along the entire lot frontage ifit is deemed appropriate by
the City of Aspen to have a sidewalk in this location at some time in the future. The
Applicant shall consult with the Parks Department in designing and installing the sidewalk
along East Bleeker Street in order to preserve the significant lilacs that exist along East
Bleeker Street. Additionally, prior to issuance of a certificate of occupancy on any new
development within the subdivision, the Applicant shall upgrade the curb and gutter along
the entire lot frontage abutting both East Bleeker Street and North Monarch Street to meet
the City Engineer's design requirements.
Section 7: Vehicular Access and Allevwav Improvements
Vehicular access to Lot 1 shall be provided by a new curb cut on East Bleeker Street
meeting the City Engineer's standards. The single curb cut on East Bleeker Street shall be
used to serve all existing and future structures on Lot 1 of the Subdivision. Vehicular
access to Lot 2 shall be provided by opening and improving approximately the easternmost
145 feet of the Block 78 alleyway. Prior to issuance of a certificate of occupancy on any
new development on Lot 1 of the subdivision, the Applicant shall have provided the new
curb cut on East Bleeker Street to provide vehicular access to Lot 1. Prior to issuance of a
certificate of occupancy on any new development on Lot 2 of the subdivision, the
Applicant shall have opened and paved to the City Engineer's standards, a 145-foot long
portion of the alley in Block 78 of the City and Townsite of Aspen, to provide vehicular
access to Lot 2 of the subdivision from the alleyway to be accessed from North Mill Street.
Prior to recording a subdivision plat and agreement, the Applicant shall submit a plan for
review and approval by the City of Aspen's Public Works Director to relocate the existing
above-grade utilities in the alleyway. Also, prior to improving the alleyway, the Applicant
shall submit a detailed design plan to the Community Development Department for the
alleyway improvements that addresses soil stability, erosion control, and drainage as well
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as a detailed site improvement survey. In designing the alleyway improvements, the
Applicant shall consult with the City Engineer and Parks Department to determine an
acceptable grade.
Section 8: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall
pay a fee-in-lieu of land dedication in conjunction with any residential development in the
subdivision. Prior to building permit issuance on any residential development within the
subdivision, the Applicant shall pay the school lands dedication fee associated with the
subdivision as calculated by the City Zoning Officer using the dedication schedule in effect
at the time of building permit submission as set forth in Land Use Code Section
26.630.030, School Lands Dedication: Dedication Schedule.
Section 9: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee at the time of building permit issuance for any
construction within the subdivision that adds new residential/lodge bedrooms and/or
commercial/office square footage. The City Zoning Officer shall calculate the amount due
using the fee schedule in effect at the time of building permit submission as set forth in
Land Use Code Section 26.610.030, Park Development Impact Fee: Fee Schedule.
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Section 10: Sewer Line Extension
The Applicant shall be required to provide a main sewer line extension to serve Lot 2 ofthe
subdivision, subject to the review and approval of the Aspen Consolidated Sanitation
District, prior to the development of Lot 2. The Applicant shall submit a detailed service
plan for review and approval by the Aspen Consolidated Sanitation District prior to
building permit submittal on Lot 2.
Section 11: Fire Sprinklers
Development on Lot 2 shall contain fire sprinklers and a fire alarm system meeting the
requirements of the Fire Marshall.
Section 12: Landscapinl!
The Applicant shall submit a tree protection review plan and a tree permit for any new
development within the subdivision. The Applicant shall also submit a landscape-planting
plan for improvement of the City right-of-way for the entire lot frontage abutting both East
Bleeker Street and North Monarch Street that will be reviewed by the Parks Department in
conjunction with submitting a building permit application for new development in the
subdivision.
Section 13: Lot 2 Deed Restriction Al!ainst Future Lot Split
The Applicant offered to deed restrict Lot 2 of the Subdivision against further subdivision
(except for condominiumization) through the subdivision, traditional lot split, or historic
landmark lot split processes. This deed restriction shall recorded at the Pitkin County Clerk
and Recorder's Office prior to or in conjunction with recording the subdivision plat.
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JRNICE K vas CRUD ILL PITKIN COUNTY CO R 31 08.55
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Section 14: Vested Ril!hts
The development approvals granted herein shall be 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 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: Lots 1 and 2, of the
202 N. Monarch Subdivision, City and Townsite of Aspen, by Ordinance No.2, Series
of2006, ofthe Aspen City Council.
Section 15:
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.
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Section 16:
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 17:
A public hearing on the ordinance shall be held on the 13th day of February, 2006, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council ofthe City of Aspen on the 9th day of January, 2006.
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 31.00
Attest:
Kathryn S. Ko , City Clerk ~
FINALLY, adopted, passed and approved this 24th day of April, 200
Attest:
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Kathryn S. , City..eTerk
Approved as to form:
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U~orcester, City Attorney