HomeMy WebLinkAboutordinance.council.002-12 RECEPTION#: 589485, 06/01/2012 at
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1 OF 7, R $41.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE #2
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION AND HISTORIC LANDMARK
LOT SPLIT AND CREATING TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 117/119 NEALE AVENUE, LOT 2, AMENDED SHOAF'S
WATERFALL SUBDIVISION, TOGETHER WITH THE PROPERTY DESCRIBED ON
THE DEED RECORDED IN BOOK 799 AT PAGE 660, CITY AND TOWNSITE OF
ASPEN, COLORADO CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2737-073-53-002
WHEREAS, the property owner, Jeffrey Shoaf, applied for voluntary Historic Landmark
Designation, Historic Landmark Lot Split and creation of Transferable Development Rights
(TDRs); and
WHEREAS, Section 26.415.050.030.B 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 following criteria:
26.415.030.B. Aspen Victorian Criteria. To be eligible for designation on the Aspen
Inventory of Historic Landmark Sites and Structures as an example of Aspen Victorian, an
individual building, site, structure or object or a collection of buildings, sites, structures or
objects must have a demonstrated quality of significance. The quality of significance of
properties shall be evaluated according to the criteria described below. When designating a
historic district, the majority of the contributing resources in the district shall meet the
criteria described below:
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19th century, and
b. The property or district possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Councitland Historic Preservation Commission to apply this criterion; and
WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall
meet the following requirements:
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:
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page 1 of 7
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. This restriction shall not apply
to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures;
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 26.470.070(B); and
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 26.470.040(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 26.470.
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
26.480.030(A)(4),SUBDIVISION EXEMPTIONS,HISTORIC LANDMARK LOT SPLIT
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 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.
c.) The proposed development meets all dimensional requirements of the underlying
Zone District. The variances provided in Paragraphs 26.415.120.B.1.a, b and c are
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page2of7
only permitted on the parcels that will contains an historic structure. The FAR bonus
will be applied to the maximum FAR allowed on the original parcel, and
26.415.110(A),BENEFITS
Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures may receive an exemption from the subdivision and growth management
quota system, pursuant to Sections 26.480 and 26.470, allowing owners of designated
historic properties to create a second unit in addition to the historic building on their lot
through the subdivision of the property. Refer to specific zone district information in
Chapter 26.710 for further information. All parcels created through a Historic Landmark lot
split shall retain designation on the Aspen Inventory of Historic Sites and Structures; and
WHEREAS, Section 26.535.070 of the Aspen Municipal Code establishes the process for
creation for Transferable Development Rights, which shall be approved if City Council
determines sufficient evidence exists that the property meets the following criteria:
26.535.070. Review criteria for establishment of a historic transferable
development right.
A. The sending site is a historic landmark on which the development of a single-
• family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts.
Properties on which such development is a conditional use shall not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights,
for either a single-family or duplex home, equaling or exceeding two hundred and fifty
(250) square feet of floor area multiplied by the number of historic TDR certificates
requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not
increase the specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning for a single-family or duplex residence, and shall not include the
potential of the sending site to gain floor area bonuses, exemptions or similar potential
development incentives.
E. Any development order to develop floor area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be considered
null and void.
F. The proposed deed restriction permanently restricts the maximum development of
the property (the sending site) to an allowable floor area not exceeding the allowance for
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page 3 of 7
a single-family or duplex residence minus two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall
be the floor area of a single-family or duplex residence (whichever is permitted) minus
two hundred fifty (250) square feet of floor area multiplies by the number of historic
TDR certificates established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex residence,
as my be amended from time to time. The sending site shall remain eligible for certain
floor area incentives and/or exemptions as may be authorized by the City Land Use Code,
as may be amended from time to time. The form of the deed restriction shall be
acceptable to the City Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and
deliver a deed restriction lessening the available development right of the subject
property together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's office.
H. It shall be the responsibility of the sending site property owner to provide building
plans and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of built
floor area; and
WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council,
performed an analysis of the application, found that the review standards for Historic Landmark
Designation, Historic Landmark Lot Split and Transferable Development Rights are met, and
recommended approval; and
WHEREAS, at their regular meeting on January 11, 2012, the Historic Preservation
Commission considered the application for Historic Landmark Designation, Historic Landmark
Lot Split, and benefits within their purview, namely an FAR bonus, setback variances and
parking variances, found the application was consistent with the review standards and
unanimously recommended approval by a vote of five to zero (5 to 0), with conditions; 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.
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page 4 of 7
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 117/119 Neale Avenue, Lot 2,
Amended Shoaf's Waterfall Subdivision, Together With The Property Described On The Deed
Recorded In Book 799 At Page 660, City and Townsite of Aspen, Colorado.
Section 2: Historic Landmark Lot Split
Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a
Historic Landmark Lot Split Subdivision Exemption for 117/119 Neale Avenue, Lot 2, Amended
Shoaf s Waterfall Subdivision, Together With The Property Described On The Deed Recorded In
Book 799 At Page 660, City and Townsite of Aspen, Colorado with the following conditions:
1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed
and approved by the Community Development Department 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 requirements of Section 26.480 of the Aspen Municipal Code;
b. 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;
c. Contain a plat note stating that all new development on the lots will conform to the
dimensional requirements of the R-15 zone district, except the variances approved by the
HPC; and
d. Be labeled to indicate that the FAR allowance is as follows:
Lot 1 is entitled to 4,200 square feet of Floor Area for a single family house.
Lot 2 is entitled to 1,133 square feet of Floor Area for a single family house (which
includes a 500 square foot floor-area bonus granted by the HPC). 500 square feet of the
Floor Area entitlement can only be used for the creation of two Transferable
Development rights (TDRs), which must be severed and sold to an eligible property.
e. An easement shall be indicated on Lot 1 for the purpose of creating one parking space
dedicated in perpetuity for the use of Lot 2. The curb cut, driveway and/or parking area
on Lot 1 shall meet the City Engineer's requirements for safety.
Section 3: Transferable Development Rights
At the time of issuance of the TDRs, the owner will record a deed restriction permanently
restricting the maximum development of the property (the sending site) to an allowable floor
area not exceeding the allowance for a duplex residence plus a 500 square foot FAR bonus
awarded by HPC, minus five hundred (500) square feet of floor area that shall be converted into
two TDR certificates.
117/119 Neale Avenue
Ordinance#2, Series of 2012
Page 5 of 7
Section 4: 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 5: 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 6: Vested Rights
The Land Use entitlements granted herein shall be vested for a period of three (3) 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 three (3) 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: 117/119 Neale Avenue, Lot 2, Amended Shoaf's Waterfall
Subdivision, Together With The Property Described On The Deed Recorded In Book 799 At Page
660, 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
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page 6 of 7
Section 7: Public Hearing
A public hearing on the ordinance shall be held on the 27th day of February, 2012 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 23rd day of January, 2012.
ov • .11 ,
4 1.7 4/P'• 4fr
Michael C. Ireland .Mayor Y ,�,
AT ' ST:
Kathryn Koch ity Clerk
FINALLY,adopted,passed and approved this 27th day of February 2012.
44-
Michael C. Ireland, Mayo
AT ST: .
y/1; ,ii,
Kathryn Koch City Clerk
APPROVED AS TO FORM:
ames R. True, City Attorney
117/119 Neale Avenue
Ordinance #2, Series of 2012
Page 7 of 7
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