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Home My WebLink Aboutordinance.council.040-05ORDINANCE NO. 40 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a subdivision exemption request for a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicants has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission reviewed the Conditional Use portion of the application and approved Resolution No. 27, Series of 2005, recommending that City Council approve the requested conditional use to establish the existing operational characteristics and dimensions for the museum use on the smaller 44,400 square foot parcel that would result from the associated lot split; and, WHEREAS, during a duly noticed public hearing on October 11, 2005, the Aspen City Council approved Ordinance No. 40, Series of 2005, by a to __ (~- ~ vote, approving with conditions, a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; 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 Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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, with conditions, 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 the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Aspen Historical Society lot split, conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel (Parcel 2 of the Lot Split) in the form of sixteen (16) historic transferable development rights of 250 square feet each, with the conditions contained herein: Section 2: Subdivision Exemption Plat and Agreement The Applicant shall record a subdivision exemption agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a subdivision exemption plat shall be recorded in the Pitkin County Clerk and Recorder's Ofrice within 180 days of the final approval and shall include the following: A final plat meeting the requirements of the City Engineer showing the boundaries of Parcel 1 and Parcel 2 of the Aspen Historical Society Lot Split. A plat note indicating that the allowable FAR on Parcel 2 of the Historical Society Lot Split (9,000 square foot parcel) shall be equal to the 4,080 square feet allowed minus the amount of FAR sold offas TDRs (16 TDRs multiplied by 250 square feet each equals 4,000 square feet) due to the establishment of the sixteen (16) transferable development rights from Parcel 2. The plat note shall also indicate that the Historical Society proposed to sterilize and forgo the remaining 80 square feet of FAR on Parcel 2, a condition which the City accepts. Section 3: Museum Parcel Allowable FAR The allowable FAR for the museum use on the revised museum parcel (parcel consisting of 44,400 square feet after the lot split) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). Section 4: Amendments to Museum Conditional Use Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425~ Conditional Use. Section 5: Development on Parcel 2 The 9,000 square foot parcel (Parcel 2 of the Lot Split) created through the lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code Section 26.535, Tran,¥/krable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as required in Section 2 above. Section 6: Establishment of TDRs The sixteen (l 6) Historic Transferable Development Rights being established herein shall only be extinguished in compliance with the requirements established in Land Use Code Section 26.535.060, Procedure,/bt Extinguishing a Historical Transferable Development Right Cert~[icate, and Land Use Code Section 26.535.080, Review Criteria ./br Extinguishment r~j"a Historic Tran~fkrable Development Right, in effect at the time of extinguishment. A mutually agreed upon real estate closing date shall be scheduled betxveen the City and the Applicant, at which time a deed restriction shall be executed and recorded (at the Pitkin County Clerk and Recorder's Office) for Parcel 2, removing the 4,000 square feet (250 square feet of FAR multiplied by 16 TDRs) of allowable FAR from the parcel, and executing and delivering sixteen (16) Historic Transferable Development Right Certificates to the Applicant numbered: HSLot2-1 through HSLot2- 16. The real estate closing and the establishment of the Historic Transferable Development Right Certificates shall only take place after the recordation of the subdivision exemption agreement and plat. Section 7: 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 8: 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 9: A public hearing on the ordinance shall be held on the 1 lth day of October, 2005, 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 cimulation 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 12u' day of September, 2005. Attest: Helen Kalin Klandemd, Mayor Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of __ day of October, 2005. to __ (~-~, this 11tI' Attest: Helen Kalin Klandemd, Mayor Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney