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HomeMy WebLinkAboutordinance.council.005-01 ORDINANCE NO. 5 SERIES OF 2001 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN APPLICATION FOR A HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, AND PLAT VACATION FOR A PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO. Parcel ID: 2 735-121-11-007 WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, have requested a 1) Historic Landmark Designation and 2) Historic Landmark Lot Split, and 3) a Plat Vacation which is described as the vacation o£a 1976 "Statement of Exemption from the Definition of Subdivision for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on January 10, 2001, at which time the HPC considered and found the application to meet the review standards, and recommended approval to the City Council for the Historic Landmark Designation, Historic Landmark Lot Split, and approved a .5' east side-yard setback variance for the landmarked residence on Lot Q, allocation of 500 square foot bonus, and FAR allocation to newly created lots with conditions by a vote of five to one (5 to 1); and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on January, 16th, 2001, at which time the P&Z considered and found the application to meet the review standards, and recommended approval to the City Council for the Historic Landmark Designation and approved the request for a conditional use with conditions by a vote of four to zero (4 to 0); and WHEREAS, all applications for a Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation shall meet all of the applicable Development Review Standards including Land Use Code Sections 26.480.080(C), 26.420.010, 26.450.030(A)(2), 26.480.030(A)(4), and 26.470.070(C) in order for City Council to grant approval; and WHEREAS, in a staff report dated February 26, 2001, the Community Development Department determined the application for a Historic Landmark Designation, Historic Landmark Lot Split met the applicable review standards indicated above, and recommended City Council approve the requests with conditions; I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 453300 04/11/2001 09:021:10RDINANC DAVIs SlLVI J. 0¢ 6 R 30.00 D 0.00 N 0.00 PITKIN C"~UNTY CO 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, 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, WltEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation described as the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado is approved with the following conditions: 1. At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, 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; 3. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised ora duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 square foot lot (Lots R and S) as approved as a conditional use by the Planning and Zoning Commission; I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII ~,$$$~ ~4/'L1,/2~01, E)g:02~ ORDINI:INC Di:IV~S $ILV! 2 ~f 6 R 30.08 D 8.8;) N 0.00 PITKZN cOUNTY CO 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 5. 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 m~d 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; 6. As a minimum, the subdivision plat shall contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Municipal Code for any future development; 7. As a minimum, the subdivision plat shall contain a plat note stating that no further subdivision may be granted for these lots nor will additional traits be built without receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. Any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 8. As a minimum, the subdivision plat shall contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; 9. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code; 10. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, 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, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 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 "Q" will be 1,340 s:f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S.' The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; I IIIIII IIIII IIIIII IIIlll IIIII IIIll IIIII III IIIII Illl IIII 4,533~ ~4/1,1/2~01 09:02A ORDINI:INC DI:IVIS $'rLV! 3 et~ 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 12. Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 13. That the applicants preserve the "monument" on the south east comer o£Lot S as required by the City of Aspen Engineering Department; 14. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individnal meter boxes; and 15. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; and 16. Upon obtaining all approvals, the co-applicants will work with their attorneys to ensure that the Smuggler Condominium Declarations and Plat are vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i,e., resolutions and ordinance); and 17. That the applicants shall record the Landmark Lot Split Plat which contains a note explaining that further subdivision of the subject lands is prohibited unless otherwise allowed by virtue of future code amendment(s); and 18. That the applicants agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the subject property; and 19. The applicants agree to reimburse the City for their proportionate share of the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district; and 20. That the applicants agree that by eliminating the 1976 "Statement of Exemption from the Definition of Subdivision" it will be replaced with a newly approved City Council Ordinance, a Planning and Zoning Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, all of which will nm with the land as covenants burdening the same; and 21. That the applicants shall, before the conveyance of any separate interests in the premises, pay the City of Aspen the appropriate subdivision dedication fee IIIIII IIIll IIIIII IIIIII IIIll Illll lllll III IIIII Illl Ill L53390 04/tl/200t 09:02A ORDINFING DPlVIS $ILVT 4 o~' 6 R $0.00 O ~.00 N 0.~0 PITK?N COUNTY CO required by Section 20-18 of the Aspen Municipal Code. That the applicants are required bY the Aspen Land Use Code requirements for payment of applicable fees; any fees which may be applicable in the future will be paid if and when due. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance slmll not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall .be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12th day of February, 2001. Attest: Radhel Richards, Mayor FINALLY, adopted, passed and approved this 26* day of February, 2001~ I IIIIII Illll fils Illlll Illll IIIII Illll Ill- Illll Illl Illl 453380 04/12/2001 09:02A OADINANC DAVIS SIL¥! 5 of 6 R 30.80 D 8.88 N 8.80 PZTK~N COUNTY CO Approved as to form: ~J'~n ~or~st~r, City Attorney I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 4533~0 0411112001 09:021:10RDINRNC DRV';$ 6 o~ 6 R 30.00 D 0.00 N 0.00 PZTKZN COUNTY CO