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Home My WebLink Aboutordinance.council.020-13 RECEPTION#: 601031, 07/09/2013 at 11:19:40 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE #20 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE #6, SERIES OF 2012, THE ASPENMODERN NEGOTIATION APPROVED 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, 514 AH, LLC, represented by Haas Land Planning, has requested an amendment to an AspenModern voluntary landmark negotiation approved pursuant to Aspen Municipal Code Section 26.415.025(C),AspenModern Properties; 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 WHEREAS, on March 26, 2012, City Council approved Ordinance #6, series of 2012, which allowed • Removal and rendering null and void a 1980 Basement Restriction Agreement with the City in favor of underlying zoning compliance. • Growth Management exemption for 1.5 employees created by a new free-market residential unit, and an 1,140 square foot Free-Market Residential floor area increase. • Five years of vested property rights; and WHEREAS, the applicant requests approval to amend Ordinance #6, Series of 2012, removing the residential incentives and replacing them with commercial incentives, namely: • Growth Management exemption for the additional 0.9 employees generated by the creation of new net leasable space. • A waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space; and WHEREAS, the Community Development Department performed an analysis of the application and found that the review standards are met. The staff report analyzed the proposed preservation incentives and monetary value of the benefits. The value of the additional employee mitigation exemption encompassed in the amendment is $122,234. The value of the parking cash-in-lieu fee waiver is $41,100; and 514 E. Hyman Avenue Ordinance#20, Series of 2013 Page 1 of 4 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AS FOLLOWS: Section 1: Amendment to 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, Growth Management exemption for affordable housing mitigation of the 4 FTE generated the new net leasable space (which, for non-landmarks, would require 60% mitigation, or 2.4 FTEs), and a waiver of the cash-in-lieu fee for the 1.37 parking spaces generated by the new net leasable space. Section 2: 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 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 for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, 514 E. Hyman Avenue Ordinance#20, Series of 2013 Page 2 of 4 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 3 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. Section 4• 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 5: 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 6• A public hearing on this ordinance shall be held on the 28th day of May, 2013, 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. 514 E. Hyman Avenue Ordinance#20, Series of 2013 Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of May, 2013. Mic e Ireland, Mayor A athryn Koc , ity Clerk FINALLY, adopted, passed and approved this day of k7 2013. Michael C. eland, Mayor Kathryn Koc ity Clerk APPROVED AS TO FORM: es R. True, City Attorney 514 E. Hyman Avenue Ordinance#20, Series of 2013 Page 4 of 4 > /� � 7 Ad Name: 9178600A LEGAL NOTICE ! �� ORDINANCE#20,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of fistlread reading at t eeC City CouOncil meeting adopted ay 13, 2013. This ordinance,if adopted will amend the Your account number: 1013028 AspenModern negotiation for 514 E.Hyman to change from a 3rd floor residential use to all com- mercial. The public hearing on this ordinance is scheduled for May 28,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website http://www.aspe n pitki n.com/D epartme nts/C le rk/Le- 9al-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T31 Avis TIM:1 Published in the Aspen Times Weekly on May 16, 2013. [9178600] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions-,and that the first publication of said notice was in the issue of said newspaper dated 5/16/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/16/2013. In witness whereof,I have here unto set my hand this 05/16/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/16/2013. 171 a4-i �-. /5 o-kk/�-i h a/Tr--- Mary E.Borkenhagen,Notary Public „iii 4y,,,Commission expires:September 12,2015 oOO9.+�BORM4. Ze 'Ot/BLIC "TFF %0 p' L Zb