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Home My WebLink Aboutordinance.council.006-12 • • ORDINANCE #6 (Series of 2012) • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE,LOT N, BLOCK 94,CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID NUMBER: 2737-182-13-002 WHEREAS, the applicant,. Mason and Morse, Inc., represented by Haas Land Planning and CCY Architects, submitted an application on November 29, 2011, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 514 E. Hyman Avenue,Lot N, Block 94, City and Townsite of Aspen; and WHEREAS, pursuant to §26.415.025.C(1), the ninety-day AspenModern negotiation commenced on November 29, 2011; and • WHEREAS, §26.415.025.C(1)(b) states that, during the negotiation period, "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 property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owners' representative met with the Historic Preservation Commission (the HPC) on January 25, 2012; and WHEREAS, at their regular meeting on January 25, 2012, the HPC considered the application; found that 514 E. Hyman Avenue is a "best" example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at §26.415.010, Purpose and Intent are met, and recommended City. Council ("Council") approval of Historic Landmark Designation; and WHEREAS, §26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, §26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and 5,14 E; Hyman Avenue Ordinance #6, Series of 2012 Page 1 of 4 • WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process. Those incentives include: 1. Removal and rendering null and void the 1980 Basement.Restriction Agreement in favor of underlying zoning compliance; 2. An allowable Free-Market Residential FAR of 0.88:1 (as compared to the 0.5:1 allowed by right); and 3. Ten (10)years of vested property rights. WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible;and WHEREAS, the City Council finds that the 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. ID NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Historic Landmark Designation • Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance,the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves removal and rendering null and void the 1980 Basement Restriction Agreement in favor of underlying zoning compliance, and an allowable Free-Market Residential FAR of 0.88:1(as compared to the 0.5:1 allowed by right). Section 3: Vested Rights - The development approvals granted herein shall constitute a site-specific development plan and a • vested property right attaching to and running with the Subject Property and shall confer upon the 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 2 of 4 • Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for five (5) years which shall not begin to run until the date of the publications required to be made as set forth below. 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§ 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 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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 fora period of five (5) years, 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: 514 E. Hyman Avenue,Lot N, Block 94, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the'grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: 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 the Historic Preservation Commission or 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. • 514 E. Hyman Avenue Ordinance #6, Series of 2012 Page 3 of 4 • Section 5: 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: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office,of the Pitkin County Clerk and Recorder. Section 7: A public hearing on this ordinance shall be held on the 12th day of March, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, 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 13th day of February,2012. • Michael C. Ireland, Mayor i At Kathryn Koch/1i inerk FINALLY, adopted,passed and approved this day of�l�! 2012. • Michael C. Ireland, M yor A /' T: Kathryn Koch/ty C erk APPROVED AS TO FORM: ames R. True, City Attorney • 514 E. Hyman Avenue • Ordinance #6, Series of 2012 Page 4 of 4 uw, Lti I 7576351 6 Ad Ticket#5 Acct.. 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch City: Aspen Receipt State: CO Zip: 81611 Ad Name: 7576351A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 02/23/12 Stop: 02/23/12 Color: Issue Copyline: atw Ord 6 - City of Aspen Rep: AT Legals LEGAL NOTICE Lines: 18 ORDINANCE #6, 2012 PUBLIC HEARING Depth: 1.51 Ordinance #6, Series of 2012. was adopted on first reading at the City Council meeting February 13, Columns: 1 2012. This ordinance. if adopted. will approve a landmark designation and benefits for 514 E. Hy- Discount: 0.00 man AspenModern program. The public hearing Commission: 0.00 on this ordinance is scheduled for March 12, 2012 at 5 PM, City hall. 130 South Galena. • Net: 0.00 To see the entire text, go to the city's legal notice website Tax: 0.00 http://www.aspenpitkin.comiDepartments/Clerkl Legal-Notices! Total - 9.11 If you would like a copy FAXed or e-mailed to you • call the city clerk's office, 429-2686. Payment 9.11 Published in the Aspen Times. Weekly on February 23, 2012. [7576351] Ad shown is not actual print size • ■ , c.i ° CN 0 Z' j='CO U t T j • i gvgaWLN ,C U R�`O.^ �. l .V.. 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