HomeMy WebLinkAboutordinance.council.013-09ORDINANCE #13
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT,
AN FAR BONUS, SETBACK VARIANCES, A RESIDENTIAL DESIGN STANDARDS
VARIANCE, AND CASH IN LIEU PAYMENT FOR AFFORDABLE HOUSING
MITIGATION BASED ON 2009 MITIGATION FEE FOR THE SITE SPECIFIC
DEVELOPMENT PLAN OF THE PROPERTY LOCATED AT 219 S. THIRD STREET,
PORTIONS OF LOTS O-S, BLOCK 39, CITY AND TOWNSITE OF ASPEN,
COLORADO
PARCEL ID: 2735-124-65-005
WHEREAS, the applicant, YLP West, LLC, represented by Suzanne Foster, has requested
negotiation for landmark designation pursuant to Ordinance No. 48, Series of 2007 for the
proposed alterations to the property located at 219 S. Third Street, portions of Lots O-S, Block
39, City and Townsite of Aspen, Colorado (legal description attached as Exhibit A); and
WHEREAS, the property is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "the Community Development Director shall confer with the
Historic Preservation Commission, during a public meeting, regarding the proposed building
permit and the nature of the Potential Historic Resource. The property owner shall be provided
notice of this meeting with the Historic Preservation Commission;" and
WHEREAS, the property owners were notified of the Historic Preservation Commission
meeting; and
WHEREAS, Amy Guthrie, in her staff report to HPC dated March 11, 2009, performed an
analysis of the building and the impact of the proposed alterations to the potential historic
significance of the building and found that the criteria for landmark designation are met; and
WHEREAS, at their regular meeting on March 1 I, 2009, the Historic Preservation Commission
considered the application and approved a recommendation that City Council negotiate for
designation by a vote of 5-0; and
WHEREAS, at their regular meetings of May 13 and May 27, 2009, the Historic Preservation
Commission discussed the negotiation requests and provided recommendations to City Council;
and
RECEP710N#: 561341, 07/24!2009 at
04:04:05 PM, 219 S. Third Street
1 OF 5, R $26.00 Doc Code ORDINANCE Ordinance #48 Negotiation Review
Janice K. Vos Caudill, Pitkin County, CO Page 1 of 5
WHEREAS, Section 26.208.O10.P of the City of Aspen Land Use Code authorizes City Council
to take action not delegated to other review bodies as deemed necessary to implement the
provisions of the Land Use Code; and,
WHEREAS, the process and results of City Council negotiations pursuant to Section
26.415.025 of the City of Aspen Land Use Code are actions necessary to implement the
provisions of the Land Use Code and are not otherwise delegated to a review body; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable
development standazds 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, by a vote of 5-0, 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: Historic Desienation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for 219 S. Third Street, portions of
Lots O-S, Block 39, City and Townsite of Aspen, Colorado. The property owner shall have
thirty (30) days from the date of adoption of this Ordinance to provide written agreement to
voluntary historic landmazk designation, and acceptance of the terms of this Ordinance,
otherwise the Ordinance shall be considered null and void in its entirety.
Section 2: Subdivision Exemption
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:
I . The applicant's submission is complete and sufficient to afford review and 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; 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 pazks, 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
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Ordinance #48 Negotiation Review
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and other bodies of water, and, promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 3: Subdivision Plat
Within 180 days after final approval by City Council, or as otherwise extended pursuant to
Section 26.480.070.E, and prior to applying for a Building Permit, the applicant shall record a
Subdivision Plat. The Subdivision Plat shall comply with current requirements of the City
Community Development Department. At a minimum, the subdivision plat shall:
1. Meet the requirements of Section 26.480 of the Aspen Municipal Code.
2. Depict any easements and signature blocks for utility mains not administered by the City of
Aspen.
3. 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.
4. Depict the approved setbacks and allowable FAR assigned to each lot.
Section 4: Subdivision Agreement and Ordinance #48, Series of 2007 Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby grants the following Land Use entitlements, conditioned upon the
voluntary landmark designation of 219 S. Third Street, portions of Lots O-S, Block 39, City and
Townsite of Aspen, Colorado. Within 180 days after final approval by City Council, or as
otherwise extended pursuant to Section 26.480.070.E, and prior to applying for Building Permit,
the applicant shall record a Subdivision Agreement binding this property to this development
approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in
addition to listing the following:
1. Approval of a Historic Landmark Lot Split, as represented on the proposed site plan
dated June 8th and attached to the Ordinance as Exhibit B. The allowable FAR is no more
than 2,625 square feet for a single family house on Lot 1 and 2,400 square feet for a
single family house on Lot 2.
2. Approval of a 16'6" north (front) yard setback variance and a 5' east side yard setback
variance on Lot 2.
3. Waiver of the "Secondary Mass" requirement of the Residential Design Standards for Lot
2.
4. Vesting of affordable housing cash-in-lieu mitigation at the current rate ($71.62/sq. ft.)
5. As a condition of approval, the applicant has committed that once the duplex use is
forsaken, it will not be re-established.
Section 6: 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.
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Section 7: Existine Liti¢ation
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 8: Vested Riehts
The development approvals granted herein shall constitute asite-specific development plan vested
for a period of three (3) yeazs from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan, and
the creation of a vested property right, valid for a period of three (3) yeazs, pursuant to the Land Use
Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 219 S. Third Street, portions of Lots O-S, Block 39, City and
Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 9: Public Hearin¢
A public hearing on the ordinance shall be held on the 26s' day of May, 2009, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11th day of May, 2009. ~,~
Michael C. Ireland, ayor
A
athryn Koch, ty Clerk
FINALLY, adopted, passed and approved this 8th day of June, 2009.
A EST: ~/ 1~~~~
Kathryn Koch rty Clerk '[
APPROVED AS TO FORM:
John r, ity A
Exhibit A:
7-?2 -up
Michael C. I eland, May
Legal Description of 219 S. Third Street. Lots O, P, Q, R and S, Block 39, City and Townsite of
Aspen, excepting therefrom that portion of Lots O, P and Q that lies south of the northerly
boundary of a right of way described as a 17 foot strip of land being 8.5 feet on each side of a
centerline of the Colorado Midland Railway right of way and southerly 25 feet of Lot R and S as
described and show in deed and map recorded February 27, 1950 in Book 175 at Page 628.
219 S. Third Street
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