HomeMy WebLinkAboutordinance.council.031-00 ORDINANCE NO. 31
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, ZONING THE WITZ PROPERTY TO THE LOW-DENSITY
RESIDENTIAL (R-30) ZONE DISTRICT AND APPROVING THE WITZ
PROPERTY LOT SPLIT, 705 NORTH SPRUCE STREET, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Witz Property, LLC, Camilla Auger, Managing Partner, owner and applicant, for a
Lot Split on a parcel of land known as the Witz Property, located at 705 North Spruce
Street, parcel No. 2737-071-00-008, intended to be divided into two development sites;
WHEREAS, the applicant has petitioned the City of Aspen for annexation and
said petition has been accepted by the Aspen City Council. All development approvals set
forth herein are subject to annexation and shall be considered null and void if the property
is not annexed into the City of Aspen; and,
WHEREAS, pursuant to Colorado Revised Statutes annexation procedures,
newly annexed property must be assigned to a Zone District within 90 days of annexation
and the City of Aspen has historically administered this process as a "rezoning"
application and processed a City initiated application according to the requirements set
forth in Section 26.310 of the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Section 26.310 of the City of Aspen Land Use Code,
after a recommendation by the Community Development Department, a recommendation
from the Planning and Zoning Commission made during a duly noticed public hearing,
and the comments made by the general public, the City Council may approve or deny an
application for Rezoning based on the criteria that are set forth in said Section; and,
WHEREAS, pursuant to Section 26.480.030 of the City of Aspen Land Use
Code, after considering a recommendation by the Community Development Department
and the comments made by the general public, the City Council may approve, approve
with conditions, or deny a Subdivision Exemption application for Lot Split during a duly
noticed public hearing based on the criteria that are set forth in said Section; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, and the Pitkin County Community Development Department
reviewed the proposal and provided comments, and the Community Development
Department recommended the property be included in the Low-Density Residential (R-
30) Zone District upon annexation into the City of Aspen and recommended approval of
the Lot Split, with conditions; and,
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WHEREAS, during a regular meeting on June 20, 2000, the Planning and Zoning
Commission recommended by a seven to zero (7-0) vote the property be included in the
Low-Density Residential (R-30) Zone District, upon annexation into the City of Aspen.
WHEREAS, lot split parcels outside the Original Townsite are not eligible for an
exemption from the Growth Management Quota System.
WHEREAS, by virtue of the existing house the Witz property has one development
right subject to a growth management exemption upon demolition and replacement of the
existing home; and,
WItEREAS, a series of fully transferable development rights (TDR) were created
in the process of deed restricting the Smuggler Mobile Home Park to affordable housing
that allow for an exemption of one single-family residence each within the City limits of the
City of Aspen; and,
WHEREAS, the applicant is the owner of one of these referenced TDRs and the
City has reviewed and accepted the TDR as exempt'mg the development of one single-
family residence from the requirements of growth management, including those related to
affordable housing or cash-in-lieu thereof; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code, as identified in Sections
26.310 and 26.480, has reviewed and considered the recommendations made by the
Community Development Director, the Plaun/ng and Zoning Commission, 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
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Upon annexation of the Witz Property into the City of Aspen, the Official Zone District Map
of the City of Aspen shall be amended by the Community Development Director to reflect
the Witz property as included in the Low-Density Residential (R-30) Zone District. The
Community Development Director shall use the annexation plat survey description as the
basis for determining the zoning boundary.
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Section 2:
The Witz Lot SPlit is approved, subject to the following conditions:
1. A Lot Split Plat shall be recorded within 180 days of the adoption date of this
Ordinance. The Planning and Zoning Commission signature area shall be removed
from the proposed plat. The plat shall indicate all easements of record and shall
depict a new easement for the portion of the Loni White Trail Head and the Hunter
Creek Trail crossing the SoUthwest comer of the property. The existing setback
easement on proposed Lot B shall be amended to function for the life of the existing
structure only.
2. The lOt split plat shall exhibit two lots in conformance with the R-30 Zone District
regulations and shall include the following plat notes:
· The existing house need not be demolished to accommodate the newly
created lot boundaries and the encroachments into the side yards may
continue to exist for the life of the °figinal structure only. Upon
redevelopment, all structures on these two lots shall comply with the R-30
Zone DistriCt provisions with resPeCt to the newly created i°t boundaries and
setbacks.
· The developer of Lot A shall seek an exemption from GMQS pursuant to
Section 26.470.070(B), as amended from time to time. As indicated by the
applicant, in the application materials dated April, 2000, an ADU shall be
develoPed to meet this requirement.
· The developer of Lot B is exempt from the Growth Management Quota
System by virtue of extinguishing a Transferable Development Right
pursuant to Ordinance No 31, Series of 2000. As indicated by the applicant,
a voluntary ADU may also be developed.
· Additional development of these parcels, other than for one single-family
residence for each of the two lots, shall require an amendment of this Lot
Split approval and the necessary growth management allotments.
· This Lot SPlit was approved pursuant to Ordinance No. 31, Series of 2000.
3. The Lot Split Plat shall qUalify as the Subdivision Exemption Agreement and
satisfying the Agreement requirements of Section 26.480.030.
4. The two lots shall contain one single-family residence each, excluding Accessory
Dwelling Units.
5. Both Lots do not have development orders and shall comply with all applicable
development regulations prior to applying for building permits, including those
regulations related to Residential Design Standards, Accessory Dwelling Units,
Growth Management Exemptions, and 8040 Greenline Review.
6. The applicant shall Provide evidence of title to one Transferable Development Right
referenced herein to the satisfaction 0fthe City Attorney.
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7. The maximum building height (as defined under the current City land use code to
be the midpoint height) of any portion of the roof of the proposed house located
within the area highlighted on Exhibit C, Witz Property Pre-Annexation
Agreement, for the Witz Lot B shall not exceed 20 feet above the 112 foot
elevation line shown on Exhibit C of the Witz Property Pre-Annexation
Agreement.
Section 3:
Upon application for a building permit for Lot B, the applicant shall provide to the
City Zoning Officer a recorded docun~ent that describes the referenced Transferable
Development Right, owned by the applicant and identified in Pitkin County records
as reception no. 445621, as extinguished and void. Extinguishment of said TDR
shall fully exempt the development of one single-family residence fi:om the
requirements of gXowth management, including those related to affordable housing
or cash-in-lieu thereof.
Section 4:
All material representations and commitments made by the developer pursuant to
the development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Aspen 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 other specific conditions.
Section 5:
This Ordinance shall 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 6:
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 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance was held on the 28~ day of August, 2000, at 5:00
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.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City CoUncil of the city of Aspenon the 24~ day of July, 2000.
At,test:
-. ~,~ thryn S J~oeh, C~ty Clerk ~ ~&el E. ~chards, MaWr
FINALLY, Mopted, passed ~d approved t~s~day of ~, 2000.
~ath~ S:' ~h, Ci~ Clerk
Approved as to form:
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'Ordinance No. 31, Series of 2000
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