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Home My WebLink Aboutordinance.council.018-17 WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor Amendment to a Planned Development - Project Review, during a duly noticed public hearing after considering, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.520, the City Council may approve Removal of an Accessory Dwelling Unit as part of a combined review, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS,the-Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on August 14, 2017, the City Council approved Ordinance No. 18, Series of 2017, by a five to zero (5 — 0) vote, approving Minor Subdivision, A Minor Amendment to a Planned Development, and the Removal of an Accessory Dwelling Unit; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Minor Subdivision Lot Split This Ordinance approves the Minor Subdivision —Lot Split for Lots 12 and 12A of the Callahan Subdivision. The boundaries of the separate lots are depicted in the Monumented Land Improvement Survey included as Exhibit A. An Amended Plat that depicts the new lot boundaries and identifies Lots 12 and 12A as distinct lots shall be submitted for review by The City of Aspen's Community Development and Engineering Departments within 180 days of the approval of this Ordinance and shall be recorded with the Pitkin County Recorder. The Amended Plat shall conform to the criteria established by the Engineering Design Standards. Section 2: Minor Amendment to a Planned Development - Project Review The Callahan Subdivision Agreement, Section 1, Paragraph G and the conditions found in a subsequent Insubstantial Amendment to a Planned Development, approved September 1, 2000 (Reception 4447163); is hereby amended as follows: 1. As a result of the Lot Split approved-in Section 1 of Ordinance No. 18, Series of 2017, Lots 12 and 12A of the Callahan Subdivision are considered as two separate lots, and may be redeveloped, and/or conveyed as separate lots. City Council Ordinance No. 18, Series 2017 Pale 2 of 6 2. Development on Lot 12 shall contain no more than 6,731 square feet of Floor Area and development on lot 12A shall contain no more than 2,550 square feet of Floor Area. 3. Future redevelopment of Lot 12 shall be confined to the building envelope identified in an Amendment to Stream Margin Review approved May 26, 1999 (Reception # 441526). Future redevelopment of Lot 12A shall be confined to a building site that reflects current R-15 setbacks and honors the existing easements for the Salvation Ditch and a Bike/Pedestrian path. Specifically, this area will include a 25 feet front yard setback and will have the side and rear yards defined by existing easements. This area shall be identified on the recorded, Amended Subdivision Plat. Other dimensions of the R-15 Zone District, excluding Floor Area, shall apply. 4) The portion of Lot 12A that is labeled on the Plat as "Open Space for Lot 12A" shall remain as open space and no new structures or site coverage shall be allowed in this area. Section 3: Removal of an Accessory Dwelling Unit The approval of the Removal of the Accessory Dwelling Unit requires both the extinguishment of a .38 FTE, Category 2, Affordable Housing Credit or equivalent fee-in-lieu, and physical changes to remove the ADU. Submittal of a building permit for the removal of ADU features or a demolition permit for the removal of the guesthouse containing the ADU shall occur prior to the recordation of an Amended Subdivision Plat. At the time of building or demolition permit submittal, extinguishment of a .38 FTE, Category 2, Affordable Housing Credit or equivalent fee- in-lieu is required. Either type of permit shall be issued within 180 days of submittal. Section 4: Severabilitv 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 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: Representations Preserved -All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before 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 an authorized entity. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 14"i day of August, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, City Council Ordinance No. 18, Series 2017 Page 3 of 6 Colorado, a minimum of fifteen 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26' day of June, 2017. Atte &4 a 4� Linda Manning, City Clerk Steven Sk dr r1mayor FINALLY, adopted, passed and approved this 14" day of August 2017. Attest i 1 Linda Manning, City Cler St Ska on, Mayor Approved as to form:-- jarGs R. True, City Attorney Attachments: Exhibit A—Monumented Land Improvement Survey City Council Ordinance No. 18, Series 2017 Page 4 of 6 Exhibit A—Page 1 (Lot 12A) Momma ted Lend and in ,ove ent 8 vey $- W 12"M tutnen sea[�oq Srurto n M Eli$[. 10$MN PvIE 0.Nei s IE eM P.X. [Ar q/a.N 4rnir 4 PIrtM1 S�[�e[r CgP[gi ' Un o fin.) i.�� 4F As• - AI��A Ali ♦ Lam- ....'I:.F'...ry�'A� I h' 1 __•_. �. � �_.�..1:M"— Su"Co.. .�.4�. .l .a._ ":•�— L'.cx a: 1_..PE➢.._��L—�. gr+.rr 6+r.lwr[ila Yrrq!K.4nrow _-.. '�.i^:r�a"Ti-�--�•�`-'='rte .:..�:.,it - r... .ti City Council Ordinance No. 18, Series 2017 Page 5 of 6 Exhibit A—Page 2 (Lot 12) M9numeM0d-Lend endImprovement Survoy I_._ late 12p 1M CBtlBtIBII SI6 Cw ytW Rp n fl!E�?w 5(C�M IA ipMxm p$prtV,pµ:(K YO1 w nC GEu P.11. T w A'RIY Cwx�f w Penn,51.1E 4 Cuwwm j I EM=- 1 - 11 P � . SIANCO. IIIC. Q R11I416�tl 61rvCo, Lnc. City Council Ordinance No. 18, Series 2017 Page 6 of 6