HomeMy WebLinkAboutordinance.council.023-10 RECEPTION #: 575316, 11/22/2010 at
09 :29:47 AM,
1 OF 8, R $46.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #23
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT
SPLIT, ESTABLISHMENT OF A HISTORIC TRANSFERABLE DEVELOPMENT
RIGHT, AND ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR
PRESERVATION OF POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY
LOCATED AT 1102 WATERS AVENUE, LOT 14, CALDERWOOD SUBDIVISION,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737 - 182 -66 -001
WHEREAS, 1102 Waters Avenue, which is Lot 14, Calderwood Subdivision, City and
Townsite of Aspen, Colorado, is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource. Said Ordinance is codified at Section 26.415.025 of the Municipal
Code and provides for a ninety day period during which Council may negotiate with the property
owner for a mutually acceptable agreement that preserves the resource; and
WHEREAS, the property owners, Susan Geary Griffin, Bonnie Geary Grenney, and William
Scott Geary (collectively "the applicant "), represented by Haas Land Planning, LLC, have
voluntarily applied for Historic Landmark Designation, Historic Landmark Lot Split, and
preservation incentives; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "the Community Development Director shall confer with the
Historic Preservation Commission, during a public meeting, regarding the proposed building
permit and the nature of the Potential Historic Resource. The property owner shall be provided
notice of this meeting with the Historic Preservation Commission;" and
WHEREAS, the property owners' representative met with the Historic Preservation
Commission (the HPC) on September 22, 2010; and
WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation
Commission considered the application and recommended City Council ( "Council ") approval of
Historic Landmark Designation, a Historic Landmark Lot Split, building envelopes and related
setback and Stream Margin variances, on -Site Parking variances and fee waivers with conditions
as stated in HPC Resolution #11, Series of 2010; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "the Community Development Director shall confer with the City
Council regarding the proposed building permit, the nature of the Potential Historic Resource,
and the staff and Historic Preservation Commission's assessment of the Resource and the effects
of the building permit upon the Resource. The property owner shall be provided notice of this
meeting with the City Council"; and
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 1 of 8
WHEREAS, the property owners' representative met with City Council during a duly noticed
public hearing on October 25, 2010; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
the HPC, determines sufficient evidence exists that the property meets the criteria; and
WHEREAS, for City Council approval of a Historic Landmark Lot Split, the applicant shall
meet the requirements of Aspen Municipal Code Sections 26.480.030(A)(2) and (4),
26.470.070(C), and 26.415.010(D.), which are as follows:
26.480.030(A)(2), Subdivision Exemptions, Lot Split
The split of a lot for the purpose of the development of one detached single - family dwelling
on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the
following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board
of County Commissioners or the City Council, or the land is described as a metes
and bounds parcel which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c).
c) The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.100.040(C)(1)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in
the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of the
plat by the City Council will be required for a showing of good cause.
f) In the case where an existing single - family dwelling occupies a site which is eligible
for a lot split, the dwelling need not be demolished prior to application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split shall not
exceed three (3) units, which may be composed of a duplex and a single - family
home; and
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 2 of 8
26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single - family dwelling may receive a subdivision
exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size
and be located in the R -6, R -15, R -15A, RMF, or MU (formerly 0) zone district.
b. The total FAR for both residences shall be established by the size of the parcel and
the zone district where the property is located. The total FAR for each lot shall be
noted on the Subdivision Exemption Plat.
In the Mixed Use (formerly Office) zone district, the following shall apply to the
calculation of maximum floor area for lots created through the historic landmark
lot split. Note that the total FAR shall not be stated on the Subdivision Exemption
Plat because the floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R -6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R -6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the underlying
zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are
only permitted on the parcels that will contains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel; and
26.470.070(C), GMQS Exemption, Historic Landmark Lot Split
The construction of each new single - family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition
procedures. The exemption is to be approved by the Community Development Director, but
is not to be deducted from the respective annual development allotments or from the
development ceilings; and
26.415.010(D), Historic Landmark Lot Split
A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC
and before City Council; and
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 3 of 8
WHEREAS, in addition to Historic Landmark Designation and Historic Landmark Lot Split, the
applicant has identified preservation incentives that are requested as part of the negotiation
process. Those incentives include the establishment of building envelopes, within which all
construction activity would be confined. The building envelopes would replace and supersede
the otherwise required setbacks and replace the need for further Stream Margin review. The
applicant requests that allowable floor area be calculated as if the newly created parcels were pre-
existing lots of record. The applicant requests waiver of on -site parking requirements, waiver of
Park Development Fees and Affordable Housing Mitigation/Cash -In -Lieu of ADU Fees, and a
vested property rights period of 10 years; and
WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff reports to the Historic
Preservation Commission and City Council, performed an analysis of the application, found that
the review standards for Historic Landmark Designation, Historic Landmark Lot Split, Setback
variances and On -Site Parking variances had been met, and recommended approval. The staff
report also addressed the proposed preservation incentives, the granting of which are at the
discretion of Council; and
WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation
Commission considered the application for Historic Landmark Designation, Historic Landmark
Lot Split, Setback variances and On -Site Parking variances, found the application was consistent
with the review standards and unanimously recommended Council approval by a vote of seven to
zero (7 to 0), with conditions. The HPC also discussed and clarified their recommendations to
Council regarding incentives being negotiated through Ordinance #48, Series of 2007; 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 Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for 1102 Waters Avenue, Lot 14,
Calderwood Subdivision, City and Townsite of Aspen, Colorado.
Section 2: Subdivision Exemption
Pursuant to Sections 26.480.030(A)(2) and (4), 26.470.070(C), and 26.415.110(A) of the
Municipal Code, and subject to those conditions of approval as specified herein, the City Council
finds as follows and hereby approves the subdivision exemption for a Historic Landmark Lot
Split:
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 4 of 8
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 26.480 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; acquire and ensure the maintenance of public open spaces
and parks, provide procedures so that development encourages the preservation of
important and unique natural or scenic features, including but not limited to mature trees
or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers
and other bodies of water, and, promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 3: Subdivision Plat
Within 180 days of this final approval by City Council, or as otherwise extended pursuant to
Section 26.480.070.E of the Municipal Code, and prior to applying for a Building Permit, the
applicant shall record a Subdivision Exemption Plat. The Subdivision Exemption Plat shall
comply with current requirements of the City Community Development Department. At a
minimum, the plat shall:
1. Meet the requirements of Section 26.480 of the Aspen Municipal Code.
2. Depict any easements and signature blocks for utility mains not administered by the City of
Aspen.
3. 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.
4. Depict the approved building envelopes and allowable FAR assigned to each lot.
5. Clarify that all development will be contained within the building envelopes as such are
regulated under the Municipal Code. Nothing other than approved plant materials and
landscaping may be installed in the landscape envelope.
Section 4: Subdivision Agreement and Ordinance #48, Series of 2007 Negotiation
Within 180 days of this final approval by City Council, or as otherwise extended pursuant to
Section 26.480.070.E of the Municipal Code, and prior to applying for a Building Permit, the
applicant shall record a Subdivision Exemption Agreement acknowledging the following land
use entitlements granted by City Council., conditioned upon the voluntary landmark designation
of 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen,
Colorado:
1. Lot 1, which contains the historic resource, shall be assigned a maximum FAR of 1,220
square feet, after accounting for 250 square feet which has been removed from the
property through the establishment and issuance of one Transferable Development Right
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 5 of 8
( "TDR "). Any expansion of the existing house shall be subject to Historic Preservation
Commission review and shall not affect the south/front facade of the house. This
condition shall be noted on the Subdivision Exemption Plat.
2. Upon recordation of the Subdivision Exemption Agreement and Plat, the City shall issue
to the applicant one fully executed Historic Transferable Development Right.
3. Lot 2, which will be developed with a duplex shall be assigned a maximum FAR of 2,975
square feet. If developed with a detached single - family home, the maximum allowable
FAR shall be 2,656 square feet. The applicant is eligible to apply for a 500 square foot
FAR bonus from HPC in the future. This condition shall be noted on the Subdivision
Exemption Plat.
4. Total allowable FAR of the fathering (unsubdivided) parcel is 3,763 square feet, after
slope reduction. Council hereby waives a portion of the slope reduction penalty so that
the total allowable FAR is 4,445 square feet as described in conditions 1 and 2 of this
Section 4, above.
5. Council hereby approves the proposed building envelopes and the associated setback
waivers and Stream Margin Review exemptions that run with the envelopes. These
envelopes replace and supersede otherwise applicable setback requirements, including
those associated with Stream Margin Review, for each of the lots. Similarly,
development within the envelopes shall not be subject to any Stream Margin Review
associated progressive height limits.
6. Council hereby affirms HPC's waiver of all on -site parking requirements for the future
development of Lot 2; this condition shall not be construed to preclude provision of on-
site parking.
7. Council hereby reduces all applicable Affordable Housing fees such that cash -in -lieu of
an ADU shall be paid only for the 682 square feet of FAR bonus that has been awarded
above and beyond the 3,763 square feet of FAR that is allowed by -right for the
existing /fathering parcel. The affordable housing fee reduction will only apply if Susan
Geary Griffin, Bonnie Geary Grenney, William Scott Geary or an entity in which one of
these family members or their heirs are the majority holder are the owner(s) of record for
the unit which is the subject of a building permit that is subject to Affordable Housing
fees; otherwise, if the building permit is pulled by an entity where none of these members
of the Geary family are a majority owner, the fees will be paid in accordance with the
then current regulations. Deferral of these fees may be permitted in accordance with the
regulations in effect at the time of building permit submission.
8. Council hereby approves the deferral of Park Development Impact fees, which shall be
paid in full at the rate in effect at the time that a unit(s) is sold to any person or entity
other than and not associated with Susan Geary Griffin, Bonnie Geary Grenney, William
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 6 of 8
Scott Geary or their heirs as the majority owner(s). Upon issuance of a building permit, a
deferral agreement shall be recorded with the Pitkin County Clerk and Recorder.
Section 5: 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 6: 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 7: Vested Rights
The Land Use entitlements granted herein shall be vested for a period of five (5) 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 and
Commercial Design Reviews 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 five (5) 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: 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and
Townsite of Aspen, Colorado.
Nothing in 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
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 7 of 8
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 8: Public Hearing
A public hearing on the ordinance shall be held on the 25 day of October, 2010 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 provided by law, by the City
Council of the City of Aspen on the L day of L010.
Michael C. Ireland, Mayor'
ATT .T:
/ /
Kathryn Koch4ty Clerk
FINALLY, adopted, passed and approved this 5 day of 1t( 1' , 2010.
i4
Michael C. Ireland, Maor
ATT . ST:
athryn Koc1f ity Clerk
APPROVED AS TO FORM:
7
John W"brcester, City Attomey
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 8 of 8
20 Public Notice Sunday, October 10, 2010 • Aspen Times Weekly
PUBLIC
ORDINANCE *23
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION. HISTORIC L LOT SPLIT, AND ORDINANCE 448, SERIES OF 2007 NEGOTIATIONS FOR PRESERVATION OF POTENTIAL HISTORIC RE FOR THE PROPERTY LOCATED AT 1102
WATERS AVENUE. LOT 14. CALDERWOOD SUBDIVISION. CITY AND TOWNSFTE OF ASPEN. COLORADO
PARCEL ID' 2]3]102 -66-001
WHEREAS 1102 Waters Avenue, which is Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado, is included on Exhibit A to Ordinance No, 48, Series of 2007, as a potential historic resource. Said Ordinance is codified at Section 26.415025 of the Mu-
nicipal Code and provides for a ninety day period during which Council may negotiate with the property owner for a mutually acceptable agreement that preserves the resource and
WHEREAS, the property owners, Susan Geary Griffin. Bonnie Geary Grenney, and William Scott Geary, represented by Haas Land Planning, LLC, have voluntarily applied for Historic Landmark Designation, Historic Landmark Lot Spl6, and preservation incentives; and
WHEREAS Section 26.416025(E) of the Municipal Code states that, during the negotiation period set fodh in the Code, ithe Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed build-
ing permit and the nature of the Potential Historic Resource. The property owner shall be provided notice of this meeting with the Historic Preservation Commission;i and
WHEREAS, the property owners' representative met with the Historic Preservation Commission on September 22, 2010; and
WHEREAS , their regular meeting on September 22, 2010, the Historic Preservation Commission considered the application and recommended Council approval of Historic Landmark Designation, a Historic Landmark Lot Split, building envelopes and related setback
and Stream argin variances, on -Site Parking variances and lee waivers with conditions as stated in HPC Resolution 411, Series of 2010; and
WHEREAS Section 26.416025(E) of the Municipal Code states that. during the negotiation period set forth in the Code, ithe Community Development Director shall confer with the City Council regarding the proposed building permit, the nature of the Potential Historic
Resource. and the staff and Historic Preservation Commission's assessment of the Resource and the effects of the building permit upon the Resource. The properly owner shall be provided notice of this meeting with the City Council; and
WHEREAS, the property owners' representative met with City Council during a public hearing on October 25, 2010; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC, determines sufficient evidence exists that the property meets the criteria and
WHEREAS, for City Council approval of a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4). Section 26.470.070(C), and Section 26.415.010(D.), which are as follows - :
26480030(AIf21 Subd •Waion Exemptions Lot Sol
The split of purpose of the development of one detached single - family dwelling on a lot formed by a tot split granted subsequent to November 14, 1977. where all of the following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board at County Commissioners or the Coy Council, or the land Is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by
the City of Aspen on March 24. 19691 and
b) No more than wo (2) lots are created by the lot split, both lots conform to the requirements of the underying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant 10 Section 26.100.040(A)(1)(c).
c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a ilot spliti exemption pursuant to Section 26.100.040(C)(1)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this tNe, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots
nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council
shall render the plat Invalid and reconsideration of the plat by the City Council will be required for a showing of good cause.
f) In the case where an existing single - family dwelling occupies a site which is eligible for a lot split the dwelling need not be demolished prior to application for a lot split.
9) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single - family home; and
26. Subdivision Exemptions. Historic Landmark Lot Split
The split of allot that Is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single - family dwelling may receive a subdivision exemption if it meets the following standards'.
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-& R -15, R -15A, RMF, or MU (formerly 0) zone district.
b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property Is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat.
in the Mixed Use (formerly Office) zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Nate that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will
be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the maximum Boor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed Boor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split
remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R -6 standards.
0 there is commerdal /office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied
c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied
to the maximum FAR allowed on the original parcel; and
26.470.070(C). GMOS Exemption, Historic Landmark Lot Split
The construction of each new single - (amity dwelling on a lot created through review and approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director,
but is not to be deducted from the respective annual development allotments or from the development ceilings: and
26. Historic Landmark Lot Soles
A Historic Landmark Lot Split is a two step review, requiring a pudic hearing before HPC and before City Council; and
WHEREAS , in addition to Historic Landmark Designation and Historic Landmark Lot Split, the applicant has identified preservation incentives that are requested as part of the negotiation process. Those incentives Include the establishment of building envelopes, within
which all construction activity would be confined The building envelopes would replace and supersede the otherwise required setbacks and replace the need for further Stream Margin review. The applicant requests that allowable floor area be calculated as it the newly
created parcels were pre - existing lots of record. The applicant requests waiver of on -site parking requirements, waiver of Park Dedication Fees and Affordable Housing Mttigation/Cash -In -Lieu ADU Fees, and a vested rights period of 10 years; and
WHEREAS , Amy Guthrie, Historic Preservation Officer, in her staff reports to the Historic Preservation Commission and City Council, performed an analysis of the application, found that the review standards for Historic Landmark Designation, Historic Landmark Lot Split,
Setback variances and On -Site Parking variances had been met, and recommended approval. The staff report also addressed the proposed preservation incentives which are to be determined by Council; and
WHEREAS , their regular meeting on September 22, 2010, the Historic Preservation Commission considered the application for Historic Landmark Designation, Historic Landmark Lot Split, Setback variances and On -Site Parking variances, found the application was
consistent wih the review standards and unanimously recommended approval by a vote of seven to zero (7 to 0), with conditions. The HPC also discussed and clarified their recommendations to Council regarding incentives being negotiated through Ordinance 448,
Series of 2007.
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 Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby approves Historic Designation for 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado.
ties 2: Ordinance a4& Series of 2007 N
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Aspen City Council hereby grants the following Land Use entitlements, conditioned upon the voluntary landmark designation of 1102 Waters Avenue, Lot 14, Calderwood
Subdivision, City and Townsite of Aspen, Colorado:
1. Lot 1, which contains the historic resource, shall be assigned a maximum FAR of 2.024 square feet. (NOTE: Neither staff or HPC supports the applicants' FAR proposal. The recommendation is that no FAR above and beyond what is necessary to encompass the
existing construction shall be allocated to Lot 1. The house is to be preserved without any future additions. An accurate FAR calculation of the existing house, verified by the City of Aspen Community Development Department, shall be completed and noted on the
Subdivision Exemption Plat as the maximum FAR for Lot 1.)
2. The allowable FAR for Lot 2 is to be established at 2,975 square feet. The applicant is eligible to apply for a 500 square foot FAR bonus from HPC in the future. This shall be noted on the Subdivision Exemption Plat.
3. Total allowable FAR has been determined by treating Lots 1 and 2 as pre - existing lots of record, an incentive requested as part of Ordinance 448 negotiations. (NOTE: According to the methodology for calculating FAR on a historic landmark lot splits, stated at
Section 26.480.030(A)(4) of the Municipal Code, the property is permitted 3,763 square feet of FAR, not 4,999 square feet as requested by the applicant. To the extent that the combination of the FAR that HPC has recommended be allotted to Lot 2 (2,975 square feet)
and the existing construction on Lot 1, exact FAR unknown at this time, exceeds 3,763 square feet, staff and HPC recommend that Council waive the slope reduction calculation that affects the subject property, as a preservation incentive. Staff estimates that this
variance is approximately 250 square feet of FAR, but without the applicants' measurement of the existing house, we cannot confirm this.)
4 Council hereby approves the proposed building envelopes and the associated setback waivers and Stream Margin Review exemptions that run with the envelopes. (NOTE: Staff and HPC recommend the east boundary of the building envelope on Lot 2 be amended
so that there is a 10' setback from the property line that divides Lots 1 and 2.)
5. Council hereby affirms HPC's waiver of all on-Fte parking requirements for the future development of Lot 2.
6 Council hereby waives all Affordable Housing and Park Development fees that will be generated by future redevelopment of this site. (NOTE: Based on the referral comments provided by the City of Aspen Parks Department and Aspen /Pitkin County Housing
Authority, and the recommendation of the Aspen Historic Preservation Commission, it is recommended that Council deny the applicant's request to waive all Affordable Housing and Park Dedication lees, but consider approving waiver of a portion of the fees associated
with Lot 2 because the Lathering parcel is eligible for a second free market unit exempt from GMOS.)
Section 3: SeveraGllN
11 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 Me remaining portions thereof
Becto 0' 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 S: Vested Rights
The Land Use entitlements granted herein shall be vested for a period of ten (10) 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 propedy ecord 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 renegers of said vested
properly 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- spec(ic development plan shall not result M the creation of a vested properly right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set todh in this Ordinance, Including Final Major Development and Commercial Design Reviews 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 fallowing 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 ten (10) 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: 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen, Colorado.
Nothing in 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 pem,itted by law for the exercise of such rights shall not begin to run until the data 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 Horne Rule Charier.
Section 6: Public Haring
A public hearing on the ordinance shall be held on the 25th day of October, 2010 in the City Council Chambers, Aspen City Halt 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 provided by law, by the City Council of the City on the day of , 2010. /sr Michael C. Ireland Mayer
ATTEST:
/a/ Kathryn Koch C N Clerk
FINALLY, adopted, passed and approved this day of _ , 2010. /s/ Michael C. Ireland Mayor
ATTEST: APPROVED AS TO FORM:
/s/K th K h CM CI k /s/John Wor cester Citv ABOmev
Published in the Aspen Times Weekly on October 10, 2010. 156659561
,
O^Oi¢00 u2 m m
JG�ae2QfOW V c_ 2
5 n 0 LL63• m 5 a r
O W d 6 s
UG W 0W W6oJo EEE a U 3
Y a O FW yJ -x= -
i . R W WOQ Y W. OU Q me"S p 2 0 ZU`jCNC¢waYp a Sc io 0 � p S� OW60�LLOU�UO Aa°nc n°
0 UaU6wZOi o ` .E R c=
LL6 Y _0°
6 000Ii - a a,V10 sue ,. " E so
OfN > _1 yU y Y N Y qJ
QfJS0
- 0wLLWOOW m_0 an W =�
O W ON_6W0 YJ ° a QYU 2 S
yEZ02666wa U LL
• . -' w O '5 C �a w
• O . h O .O. b.0 +-. • ..C. w 0
Q-, ' O •^° gli N u 2 w c E C
z o .5 v 0 u C O.' .� , .- z u u
o 0
. c Ti ° 5 o SA T L n
MM. H
u O �n w v, w CL O w 2
W w . H U L U N o Ln N b "O O
w
0 0 a u °� O O Q' O. C u .�- .F E ' O O
k MI 0.'u O.. ro .fl u Z
E" A L o C . o u ,... a 0 y a�
co
3 o a › u >, O J d A be
U
izi O • v E c v u b u 0 a
N
Gi N
co 3 > ° o u ° 05 w ,
o Mall G u - N H F. L N N 0 , Y-' F M W co
0 else 0 u .. O u '--i C C CI
-.1 • v ii U up � • O U i •� y N '; w =
04 rata O J. U 'Gl U F. a .b u y.y U 0 'Q
• u, 4.' uvi O • C C .� O u O
W W o u ' 14 u C. U ' `° N O M u 0 0 w
0
H G i ° 0 3� v o .� 0 3U U
Y u u m w
' L ' 5, ,- . CZ T b0 k u y v Y 0 ..O 0 p ^ fri In CO CI w N � '--1 -0 C ."1 0 .0 w 3
CIS m4 cn Q '
4 1-1 10I
N C w ie + O u C 0 0 0 u .� 0 ,-i i
l ~' N O o '� O ut O D. O .0 M ›. N ,9 u a, C
en in
01 d