HomeMy WebLinkAboutordinance.council.012-02 ORDINANCE NO. 12
(Series of 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION
FOR AN HISTORIC LANDMARK LOT SPLIT AT 513W. SMUGGLER
STREET, LOTS E, F, AND G, BLOCK 27, CITY AND TOWNSiTE OF ASPEN
PARCEL ID#: 2735-124-10-002
WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section
26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark
Lot Split is a subdivision exemption subject to review and approval by City Council after
obtaining a recommendation fi.om the Historic Preservation Commission (hereinafter
HPC); and
WHEREAS, the applicant, Drew Harmon, owner of 513 W. Smuggler Street,
Lots E, F, and G, Block 27, City and Townsite of Aspen, has requested approval to split a
9,006 square foot parcel into two single-family residential lots of 4,503 square feet each;
and
WHEREAS, the Community Development Department has reviewed the
application and recommends approval of the Historic Landmark Lot Split; and
WHEREAS, the HPC reviewed the request for the historic lot split at a properly
noticed public hearing on March 13, 2002 and recommended approval; and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption under the applicable provisions of the Mtmicipal Code as
identified herein, has reviewed and considered those recommendations made by the
Community Development Department, and the Historic Preservation Commission, and
has taken and considered public comment at a public hearing; and
WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
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Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and
Section 26.415~010(D) of the Municipal Code, and subject to those conditions of
approval as specified herein, the City Council finds as follows in regard to the
subdivision exemption:
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 2
Pursuant to the findings set forth in Section 1, above, the City Council does
hereby grant an Historic Landmark Lot Split subdivision exemption for 513 W. Smuggler
Street with the following conditions:
1. A subdivision 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 the lots contained therein shall be prohibited
from applying for further subdivision and any development of the lots will
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comply with the applicable provisions of the Land Use Code in effect at the
time of application;
c. The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined, equal to 4,580 square feet of floor area prior to
consideration of potentially applicable lot area reductions (i.e., slopes, access
easements, etc.). 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, Lots A and
B, each 4,503 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
A will be 2,330 s.f. (including a 500 square foot floor area bonus) and 2,250
square feet of floor area on Lot B. The information verified by the City
Zoning Officer shall be included on the plat, as a plat note;
e. 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 the variances
approved by the HPC.
f. That Lots A and B are designated historic landmarks and must receive HPC
approval for all development in accordance with Section 26.415 of the
Municipal Code, as well at SectiOn 26.410, the "Residential Design
Standards."
2. Encroachments - At the time of redevelopment, the encroachments must be
removed from the public right-of-way, relocated, or licensed.
3. Sidewalk~ Curb and Gutter - The site is located in the West End where sidewalks
are excluded from being built at this time. However the "P6destrian Walkway and
Bikeway System Plan" does indicate that there should be pedestrian usable space off
of the street surface. Therefore, the plat needs to indicate a five foot wide pedestrian
usable space located 7.5' from the property line and with a five foot buffer for snow
storage.
Any curb and gutter sections in need of rePlacement or repair, or any locations
where curb and gutter are missing and need to be installed, must be completed
prior to issuance of a certificate of occupancy. The applicant needs to sign a
sidewalk construction agreement, and pay recording fees, prior to issuance of a
building permit.
5. Site Drainage - The existing City storm drainage infrastructure system does not
have additional capacity to convey increased storm runoff. The site development
approvals must include the requirement Of meeting nmoff design standards of the
Land Use Code at Sec. 26.580.020(6) and a requirement that the building permit
application include a drainage mitigation plan (24"x36" size plan sheet or on the lot
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grading plan) and a report signed and stamped by an engineer registered in the State
of Colorado, submitted as part of the building and site plan, as well as a temporary
sediment control and containment plan for the construction phase. If drywells are
an acceptable solution for site drainage, a soils report must be provided with
percolation test to verify the feasibility of this type system. Drywells may not be
placed within utility easements. The foundation drainage system should be separate
from storm drainage, must be detained on site, and must be shown on drainage plans
prior to permit drawings. These requirements must be met prior to acceptance of a
building permit application.
6. Work in the Public Right-of-way - Given the continuous problems ofunapproved
work and development in public rights:0f-Way adjacent to private property, we
advise the applicant as follows:
The applicant must receive approval fi:om City Engineering (920-5080) for design
of improvements, including landscaping, within public rights-of-way, Parks
Depaihbent (920-5120) for vegetation species and for public trail disturbance, and
Streets Department (920-5130) for mailboxes , street and alley cuts, and shall
obtain permits for any work or development, including landscaping, within public
rights-of-way fi:om the Community Development Department.
7. All material representations made by the applicant in this application and during
public hearings with the I-IPC and City Council shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by HPC or City
Council.
8. The construction of a new single-family dwelling on Lot B created through this
Historic Landmark Lot Split pursuant to Section 26.470.070(C) shall be exempted
by the Community Development Director from residential Growth Management
allocations and shall not be deducted fi:om the pool of annual development
allotments or from the metro area development ceilings, in accordance with
Section 26.470.030 and 26.470.050.
Section 3
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 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 uneonstitntional by any court of competent jurisdiction,
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such portion shall be deemed a separate, distinct, and independent provision and shall nor
affect the validity of the remaining portions thereof.
Section 5
A public hearing on the Ordinance was held on the 22nd day of April, 2002, in the
City Council Chambers, Aspen City Hall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City~ouncil of the City of Aspen on the 25th day of March. 2002.
"Kt/thryn Clerk
and approved this 22
e n a ln~e~ud, Mayor
Kathryn S;'~, City' Clerk
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SILVI~ DAVIS PITKIN COUNTY CO R 25.00 ~ 0,0~
Jo~i'~f. W~r~e~ter- '
City Attorney