HomeMy WebLinkAboutordinance.council.019-07ORDINANCE NO. 19
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT
500 W. FRANCIS STREET, LOTS Q, R, AND S, BLOCK 27 CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID #:2735-124-10-007.
WHEREAS, the applicants, Gell-Mann Murdock Partners, LLP, represented by Rick
Knezevich and Anne Marie McPhee of Oates, Knezevich & Gardenswartz, P.C., have
requested a Historic Landmark Lot Split for the property located at 500 West Francis
Street, Lots Q, R and S, Block 27, 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(0), 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. 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. This restriction shall not apply to properties listed on the Aspen
Inventory of Historic Landmark Sites and Structures.
b. 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 26.470.070(B).
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 26.470.040 (C)(1)(a).
d. 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
RECEPTION#: 545757, 01/10/2008 at
02:20:17 PM,
1 OF 5, R $26.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
e. 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 (180) days following
approval by the City Council shall render the plat invalid an reconsideration
of the plat by the City Council will be required for a showing of good cause.
f. 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.
g. 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.
26.480.030(A)(41, Subdivision Exemptions, Historic Landmark Lot Sulit
The split of a lot that is listed on the Aspen Inventory of Historic Landmazk Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standazds:
_. 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-ISA, RMF, or MU 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 Mixed Use 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 4otal 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 be 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
commerciaUoftice 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 commerciaUoffice 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
26.470.070(Cl. GMOS Exemption. Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmazk Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the 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 heazing on April 11, 2007, the Historic
Preservation Commission recommended, by a 5 to 0 vote, that City Council approve a
Historic Landmazk Lot Split at 500 West Francis Street; and,
WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, of the
Municipal Code, the City Council may approve a Historic Landmark Lot Split
Subdivision Exemption during a duly noticed public heazing 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 welfaze.
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 regazd to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
,y, 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 standazds for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguazd 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 similaz geologic features, or edges of
rivers and other bodies of water, and, promote the health, safety and general
welfaze 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 Landmazk Lot Split Subdivision Exemption for 500 West Francis Street, Lots
Q, R, and S, Block 27, City and Townsite of Aspen, Colorado with the following
conditions:
1. 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 no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the 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 Mixed Use zone district,
except the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot 1 of 3,000 squaze
feet in size with 1,593 square feet of floor area, which includes the 500
square foot FAR Bonus, and Lot 2 of 6,000 square feet in size with 2,987
square feet of floor azea.
2. The applicant must attain within 15 days from the effective date of this ordinance
an encroachment license from the Engineering Department for the 19`" century
barn structure that sits in the alley and east sideyazd Right of Way.
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3. GMQS exemption is granted for the Historic Landmark Lot Split.
4. The newly created lots aze not required to mitigate for affordable housing, as per
~~ Section 26.420.030.(B)(6)(e) of the Municipal Code.
5. 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 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 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 sepazate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public heazing on the ordinance will be held on the 29th day of May 2007, 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 provided by law, by the City
Council of the City of Aspen on the 23rd day of April, 2007.
~~~~~ ~~~ Helen alin 1 n rud, Mayor
L
Kathryn S. ch, City Clerk
FINALLY, adopted, passed and approved this 29w day of May
He a Kalin la derud, Mayor
~~
Kath yu ~ och, City Clerk
Approved as to form:
n P. Vorcester, City Attorney