The URL can be used to link to this page

Home My WebLink Aboutordinance.council.027-99 I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 447704 X0/85/2000 3.0:52/~ ORDXNRNC DI:IVX$ SXLVX x of 5 R 25.00 D 0.80 N 8.00 PXTKXN COUNTY CO ORDINANCE No. 27 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 121 N. FIFTH STREET, LOTS G, H, AND I, BLOCK 24, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of the Municipal Code, an Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicant, Small and Large Fries, LLC, has requested to split the 9,000 square foot parcel to create two separate single-family residential lots of 4,500 square feet each; and WHEREAS, pursuant to Section 26.72.010(G) of the Municipal Code, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on June 23, 1999 and recommended approval; and WHEREAS, the Community Development Department has reviewed the application and recommended approval of the Historic Landmark Lot Split, with conditions; and WltEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable prowsions of Chapters 26.72, 26.88, and 26.100 of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the Historic Preservation Commission, and has taken and considered public comment at a public he .aring; and WHEREAS, the City Council finds that the Historic Landmark Lot Split, with conditions, meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the 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 Sections 26.88.030(A)(2) and (5), Section 26.100.050(A)(2)(e), and Section 26.72.010(G) of the Municipal Code, and subject to those conditions of I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 447784 7.8/85/2888 7.0:52l:10RDXNI:INC DAVXS SXLVX 2 oF 5 R 25.00 D 0,88 N 8.08 PXTKXN COUNTY CO approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.88.010 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 121 N. Fifth Street with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the req.uirements of Section 26.88.040(D)(1)(a) and (D)(2)(a) of the Aspen Municipal Code; b.' Contain a plat note stating that development of Lot B shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,580 square feet of floor area prior to consideration of potentially applicable lot area reductions (i.e., slopes, access I IIIIIIIIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 447784 18/0572880 18:52A ORDXNANC DAVIS SXLVX 3 o{' 5 R 25,88 D 8.88 N 8,88 PXTKXN COUNTY CO easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,339 s.f. (including a 500 square foot floor area bonus) and 2,241 square feet of floor area,on Lot B. The information verified by the City Zoning Officer shall be included on the plat, as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requiremems of the R-6 zone district, except the variances approved by the HPC. f. That Lots A and B are designated historic landmarks and must receive HPC approval for all development in accordance with Section 26.72 of the Municipal Code, as well at Section 26.58, the "Residential Design Standards." 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.88.030(A)(2)(e). 3. Encroachments - At the time of redevelopment, the encroachments must be removed from the public right-of-way, relocated, or licensed. 4. Sidewalk, Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built at this time. However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the plat needs to indicate a five foot wide pedestrian usable space located 7.5' from the property line and with a five foot buffer for snow storage. Any curb and gutter sections m need of replacement must be replaced prior to ~ssuance of a certificate of occupancy. The applicant needs to sign a sidewalk construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy for new construction. 5. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII Ill IIII 447784 18/85/2888 10:521:10RDXNANC OflVZS SXLVX 4 of 5 R 25.88 D 8.88 N 8.88 PXTKXN COUNTY CO percolation test to verify the feasibility of this type system. D~ywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on drainage plans prior to permit drawings. These requirements must be met prior to acceptance of a building permit application. 6. Work in the Pnblic Right-of-way - Calvert the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts~ and shall obtain permits for any work or development, including landscaping, within public rights- of-way from the city community development department. 7. All material representations made by the applicant in this application and during public hearings with the HPC and City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by HPC or City Council. 8. That the construction of a new single-family dwelling on Lot B created through this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be exempted by the Community DeveloPment Director from residential Growth Management allocations and shall not be deducted from the pool of armual development allotments or from the metro area development ceilings, in accordance with Section 26.100.050(A)(2)(e). Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: 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 conducted and concluded under such priOr ordinances. Section 5: A public heating on the Ordinance was held on the 12th day of July, 1999 at 5:00 P.M. in the City Council Chambers, Aspen City Hail, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of AsPen. I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 4477~4 10/05/2000 10:52l:10RDXNI:INC DI~VX$ SXLYX 5 o~ 5 R 25.88 D 8.88 N ~.~8 P~TKZN COUNTY CO INTRODUCED, ~ AND O~E~D P~LIS~D as provided by law; by the Ci~ Co~cil of~e City of Aspen on thc 28~ day of J~e, 1999. ;' '~"'~'$~'%, chards Clerk APPROVED AS TO FORM: /-~(~o~%st~r, City Attorney FINALLY, adopted, passed and approved this 12th day of July, 1999. ........... Richards,Ra e Cit)