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DOC CODE: RESOLUTION
Pg 1 of 5,07/05/2019 at 10:40:40 AM
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION #12,SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED
931 GIBSON AVENUE, AS LEGALLY DESCRIBED IN ATTACHMENT A
PARCEL ID: 2737-074-00-004
WHEREAS, the applicant, BMH Investments, LTD, represented by BendonAdams, LLC., has
requested HPC approval for Final Major Development for the property located at 931 Gibson
Avenue, as legally described in Attachment A; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been
submitted to the Community Development Director and approved in accordance with the
procedures established for their review;" and
WHEREAS, for Final Major Development Review, the HPC must review the application, a
staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.4.b.2 and 3 of the Municipal Code and other applicable Code Sections. The
HPC may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable review standards and recommended approval of Final Major
Development with conditions; and
WHEREAS, HPC reviewed the project on June 12, 2019. HPC considered the application, the
staff memo and public comments, and found the proposal consistent with the review
standards and granted approval with conditions by a vote of 6 to 0.
NOW,THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development for 931 Gibson Avenue with the following
conditions:
Section 1: Final-Major Development Review
HPC hereby approves Final Major Development with the following conditions:
1) Provide an updated landscape plan that reduces the density of plantings and complies
with relevant Historic Preservation Design Guidelines and the Parks Department
HPC Resolution #12, Series of 2019
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requirements. Final landscape plan to be reviewed and approved by staff and monitor
prior to installation.
2) Clarify the proposed curb heights of proposed Lightwell and skylight features to be b"
of less in height for review and approval by staff and monitor approval prior to
building permit submission.
3) Provide foundation details for historic resources to be reviewed and approved by staff
and monitor prior to submission for building permit.
4) Restudy the walkway leading up to the historic house to be reviewed and approved by
staff and monitor prior to building permit.
5) Restudy the placement of the light fixtures for the front walkway leading to the
historic Victorian.
b) Verify stormwater mitigation plan with all relevant City Departments. Final plan to be
reviewed and approved by staff and monitor prior to building permit.
7) Coordinate with the Parks Department to determine what is allowed in the dripline of
the trees, and identify an appropriate location for sanitation lines prior to building
permit submission.
8) Verify curb cut, gutter, and sidewalk requirements with all relevant City Departments
prior to submitting for building permit.
Section 2• Approvals for Relocation, Demolition, Designation by City Council
All approvals granted by City Council through Ordinance #22, Series of 2018 remain valid.
Section 3: Project Phasing
Project phasing shall be permitted in the following process:
1) The applicant must submit for a tree removal permit and the necessary plans required by
the Parks Department prior to the issuance of the relocation permit.
2) The applicant must coordinate with relevant City Departments to complete all necessary
requirements for relocation of the historic structures prior to the issuance of the
relocation permit.
Section 4: Impact Fees and School Land Dedication
Any applicable fees shall be assessed at the time of building permit application submittal and
paid at building permit issuance. The amount shall be calculated using the methodology and fee
schedule in effect at the time of building permit submittal.
The allocation of any fee credits for demolition work on 931 Gibson Avenue shall remain with the
parcel where the structures are currently located, as based on the allowances and limitations of
the Land Use Code. Credits shall only be given for legally established floor area. The demolition
of the existing non-historic residence on 931 Gibson is not under the purview of HPC.
HPC Resolution #12, Series of 2019
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Section S_Material Representations
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 Community Development Department, the Historic
Preservation Commission, or the Aspen 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 other specific conditions or an authorized authority.
Section 6: Existing U igation
This Resolution 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�Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 8:Vested-Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years 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 18o 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) years, pursuant to the
Land Use Code of the City of Aspen and Title 2q., Article 68, Colorado Revised Statutes,
pertaining to the following described property: 931 Gibson Avenue.
HPC Resolution #12, Series of 2019
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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
26.304.07o(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of June,2019.
Appro d as rm: Approved as to Content:
And ea rryan, Assistant City Attorney Gr chen Gree ood, Chair
TEST:
c
Nicole Henning, Deputy Clerk
HPC Resolution #12, Series of 2019
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ATTACHMENT A: Legal Description of Addresses
931 Gibson Avenue
Parcel 1:
A Parcel of Land situated in the Southeast % of Section 7, Township 10 South, Range 84 West
of the 6th Principal Meridian more fully described as follows:
Beginning at a point whence corner No. 11 of the East Aspen Additional Townsite bears South
54°52'17" East 58.10 feet; Thence South 34054'00" West 46.63 feet to The True Point of
Beginning; Thence North 63°58'00" West 185.12 feet; Thence South 15°30'00" West 86.6o
feet; Thence South 63054'oo" East 155.54 feet; Thence North 34045'00" East 88.30 feet to
The Point of Beginning.
Parcel 2:
A Tract of Land situated in the Sunset Lode, U.S.M.S. No. 5310, being more fully described as
follows:
Beginning at a point on the Easterly side line of said Sunset Lode whence Corner No. to of
East Aspen Additional Townsite bears North 34°45' East 46.63 Feet; Thence North 63° 58'
West 185.12 feet to a point on the Westerly side line of said Lode; Thence following said
Westerly side line North 15°3o" East 17.03; Thence South 62°54'41" East 150.27 feet; Thence
39.76 feet along the arc of a curve to the right having a radius of 295.57 feet to a point on said
Easterly side; Thence following said Easterly side line South 34045' West 10.70 feet to The
Point of Beginning.
Together with any property lying Northerly of the above described property and the
Southerly line of Gibson Avenue.
HPC Resolution 412, Series of 2019
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