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Home My WebLink Aboutordinance.council.005-13 RECEPTION#: 598069, 03/28/2013 at 09:18:04 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 5 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE BERKO LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 223 E.HALLAM STREET, CITY OF ASPEN,PITKIN COUNTY,COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from the Berko Family, c/o Nora Berko, requesting Lot Split review for the property commonly known as 223 E. Hallam Street; and, WHEREAS,the subject property is zoned R-6 (Medium-Density Residential); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 12,000 sq. ft. lot, comprised of four original townsite lots, into two 6,000 sq. ft. lots; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on March 11,2013; and, WHEREAS, during a duly noticed public hearing on March 11, 2013, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2013, approving Lot Split, which would allow the division of the 12,000 sq. ft. lot into two 6,000 sq. ft. lots at 223 E. Hallam Street; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 12,000 sq. ft. property known as 223 E. Hallam Street into two 6,000 sq. ft. lots, as proposed. 1 Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480,Subdivision,within 180 days of approval. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units will be constructed without the required land use approvals and growth management allocations. Section 4: Maximum Density A lot split approval allows for a maximum of three residential units of density to be shared between the two subject lots. Lot 1 may contain one residence. Lot 2 may contain two residences. No further units of density may be added to these lots. The current allocated density of the three units may be amended between the two lots through administrative,approval. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash-in-lieu payment or by on-site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water[Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. Electric utility impacts should be similarly addressed by any future developer including, but not limited to, transformer capacity analysis and transformer locations. New transformers must be maintained on-site,but outside of the public right- of-way. Section 7: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3)years from the date of issuance of a development order. 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, 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: 2 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, 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: Berko Subdivision, Lots N and O, Block 81, City and Townsite of Aspen, by Ordinance No._, Series of 2013, of the Aspen City Council. Section 8• 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 construed and concluded under such prior ordinances. Section 9• 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 10: A public hearing on the ordinance shall be held on the 11 th day of March, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 11: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25th day of February, 2013. Attest: Kathryn S. Kj4ch, City Clerk Michael C. Ireland,Mayor U 3 FINALLY,adopted,passed and approved this 11�'day of March, 2013. Attest: Kathryn S. ",City Clerk Michael C. Ireland,Mayor Approved as to form: Z James R. True, City Attorney 4 G1 I l� S Ad Name: 8931378A LEGAL NOTICE ORDINANCE#5,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#5,Series of 2013,was adopted on first Your account number: 1013028 reading at the City Council meeting February 25, 2013. This ordinance,if adopted will approve a lot split for 223 E.Hallam The public hearing on this ordinance is scheduled for March 11,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION we see the entire text,go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. TZ: A1111 TIM:1 Published in the Aspen Times Weekly on February 28,2013. [8931378] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 2/28/2013 and that the last publication of said notice was in the issue of said newspaper dated 2/28/2013. In witness whereof,I have here unto set my hand this 03/15/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/15/2013. Mary E.Borkenhagen,Notary Public s`",,,kMMy°Commission expires:September 12,2015 .......... ��P'. NOigR4 :9mi Z' i.,n 6xPiro4 09'1