HomeMy WebLinkAboutordinance.council.049-95
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ORDINANCE NO. L19
(Series of 1995)
An Ordinance of the city council of the City of Aspen, Colorado
Amending Chapter 24 of the Municipal Code, Land Use Regulations,
to Create a Procedure for the creation of
Historic Landmark Lot splits by
amending sections 7-1003(A) (5) Subdivision Exemption,
8-105(A) (2)(e) GMQS Exemption, 5-201(D)
Medium Density Residential (R-6) zone district, and section
7-607 Development in an H Historic overlay District or
Involving a Historic Landmark
WHEREAS,
section 24-7-1103 of the Municipal Code provides
that amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and zoning commission
at a public hearing, and then approved, approved with conditio~s,
or disapproved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from Jake vickery
an application for an amendment to the land use regulations, and
reviewed and recommended for approval, certain text amendments to
Chapter 24 relating to sections 7-1003 (A) (5) Subdivision Exemption,
8-105(A) (2) (e) GMQS Exemption, 5-201(D) Medium Density Residential
(R-6) zone district, and section 7-607 Development in an H Historic
Overlay District or Involving a Historic Landmark; and
WHEREAS,
the Planning and Zoning Commission reviewed the
proposed text amendment on August 8th, September 5th, and September
19, 1995 at which time the Planning and Zoning commission
recommended approval to city Council by a vote of 5-1; and
WHEREAS, the city Council finds that the text amendment will
be consistent with the public welfare and purposes and intent of
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Chapter 24 of the Municipal Code and will:
o provide a historic preservation incentive to create non-
conforming sized parcels and allow fee simple ownership
of these lots;
o be available to approximately 21 parcels in the R-6 zone
district;
o permit a lot split on parcels between 9,000 sq. ft. and
12,000 sq.ft., in the R-6 zone district, with Planning
Director approval;
o provide the Historic Preservation Committee all physical
planning review authority over both parcels created in
the Historic Landmark Lot Split;
o permit the Historic Preservation Committee to grant
historic variances to the parcel that contains the
historic landmark, no variances will be permitted on
parcel proposed for the new residence; and
o
provide an incentive to Historic Landmarks by not
restricting the number of these lot splits per year, nor
by taking them out of the specified growth pool.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
section 1:
section 7-1003 "Subdivision Exemption" of Chapter 24 of the
Municipal Code of the City of Aspen, Colorado, is hereby
recommended to be amended by the addition of a new section (A) (5) ,
to read as follows:
5.
Historic Landmark Lot Split. The split of a lot that is
a designated historic landmark for the development of one
new single-family dwelling. The Historic Landmark Lot
Split shall meet the requirements of section 7-
1003 (A) (2), section 8-105 (A) (2) (el, section 7-607 and
the following standards:
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a.
The original parcel shall be between 9,000 and
12,000 square feet in size and is located in the R-
6 zone district.
b. The total FAR for both residences shall not exceed
the floor area allowed for a duplex on the original
parcel. 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. HPC
variances and bonuses are only permitted on the
parcel which contains the historic structure.
section 2:
section 8-105 "GMQS Exemption" of Chapter 24 of the Municipal
Code of the City of Aspen, Colorado, is hereby recommended to be
amended by the inclusion of a new paragraph 8-105(A) (2) (e) which
shall read as follows:
e.
The construction of a new
lot created through a
pursuant to section 7-
Historic Landmark Lot Split.
single family dwelling on a
Historic Landmark Lot Split
1003 (A) (5) .
section 3
section 5-201 "Medium Density Residential (R-6)" of Chapter
24 of the Municipal Code of the City of Aspen, Colorado, is hereby
recommended to be amended by repealing and reenacting the following
sections to 5-201(D):
1.
Minimum lot size (square feet): 6,000. For lots created
by section 8-105(A) (2) (e) Historic Landmark Lot split:
3,000.
3.
Minimum lot width (feet): 60. For lots created. by
section 8-105(A) (2) (e) Historic Landmark Lot Split: 30.
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section 4
Article 7 "Development Review standards" of Chapter 24 of the
Municipal Code of the city of Aspen, colorado, is hereby
recommended to be amended by the addition of Section 7-607 to
"Development in an H, Historic Overlay District or involving a
Historic Landmark" to read:
A.
Historic Landmark Lot Split. The development
created pursuant to section 7-1003(A) (5)
reviewed by HPC at a public hearing.
of all lots
shall be
section 5:
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 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:
day
A public hearing on this Ordinance shall be held on the (~
Of~@~1995 in the city council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen (15) days prior to which a hearing of
public notice of the same shall be published in a newspaper of
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general circulation within the City of Aspen.
as provided by law, by
c23 day Of~
INTRODUCED, READ AND ORDERED PUBLISHED
the city Council of the City of Aspen on the
1995.
ATTEST:
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John ennet~~MaYOr
FINALLY,
1995.
ATTEST:
adopted, passed and approved this / :iH-- day of ~
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John Bennett, Mayor
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City Clerk
ord.cc.textamend.historic
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