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HomeMy WebLinkAboutordinance.council.004-05 Page: 1 o~r B 08/16/2005 08:48g SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0.00 ORDINANCE NO. 4 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 701 W. MAIN STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID #:2735-124-46-004 WHEREAS, the applicants, Marshall and Susan Olsen, have requested a Historic Landmark Lot Split for the property located at 701 W. Main Street, Lots H and I, less the west 2.35 feet of Lot H, Block 19, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2)~ Subdivision Exemptions~ Lot Split The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) b) c) d) e) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty g) (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home; and 26.480.030(A)(4)~ Subdivision Exemptions, Historic Landmark Lot Split Thc split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for thc development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will he as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial]office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial]office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and Page: 3 of 6 08/16/2005 08:4&g SILVIA DAVIS PITKIN COUNTY CO R 31 leo D 0.00 26.470.070(C), GMQS Exemption, Historic Landmark Lot Split The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from thc scoring and competition procedures. Thc exemption is to bc approved by the Community Development Director, but is not to be deducted from thc respective annual development allotments or from thc development ceilings; and WHEREAS, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on December 8, 2004, the Historic Preservation Commission recommended, by a five to zero (5-0) vote, that City Council approve a Historic Landmark Lot Split at 701 W. Main Street; and, WHEREAS, during a duly noticed public hearing on March 23, 2005, the Historic Preservation Commission recommended, by a six to zero (6-0) vote, that City Council approve an amended version of the Historic Landmark Lot Split at 701 W. Main Street; and, WHEREAS, pursuant to Sections 26.415.110 of the Municipal Code, the City Council may approve a Historic Landmark Lot Split Subdivision Exemption during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Historic Preservation Commission (hereinafter HPC) and Community Development Director; 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 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 the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.110(A) 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 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 a Historic Landmark Lot Split Subdivision Exemption for 701 W. Main Street, Lots H and I, less the west 2.35 feet of Lot H, Block 19, City and Townsite of Aspen, Colorado City and Townsite of Aspen, Pitkin County, Colorado with the following conditions: A subdivision exemption 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 further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. d. Contain a plat note stating that the lot that does not contain the historic structure must be developed as a single family residence. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by 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 Page: 5 of' 6 SILVIA DAVIS PITKIN COUNTY CO R 31.00 B 0.00 two parcels, comer Lot A, which is 2,565 square feet in size, and interior Lot B, which is 3,200 square feet in size. f. The total FAR developed on Lots A and B cannot exceed the 4,324 square feet that would have been allowed on the fathering parcel. Lot A has vested fights to 1,924 square feet of development based on the Conceptual approval granted by HPC on March 23, 2005. Lot B shall be subject to the residential floor area allowances in place at the time the application was submitted (May 27, 2004) for a period of three years from the date of adoption of this ordinance. Lot B's floor area shall not exceed 2,400 square feet. g. A tree removal permit shall not be issued for the large spruce tree at the front of the lot unless Parks determines that the tree is unhealthy or a hazard. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter requirements appropriate to this site. Section 3: 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 construed 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 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: A public hearing on the ordinance was held on the 28th day of March, 2005 and the 11th day of April, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as Council of the City of Aspen on the 10th day of January, Kathryn S....'K' ~.. ', City Clerk proj~~ by the City Hd~Ix'~ilin lfl~nd~i'~d, Mayo~" FINALLY, adopted, passed and approved this 1 lth day of April, 2005. Approved as to form: ~-~'h~n ~. V~o/rc~sier, City Attorney Page: B of 6 SILVIA DAVIS PITKIN COUNTY CO R 21.00 O 0.00