HomeMy WebLinkAboutordinance.council.010-13 RECEPTION#: 602126, 08/01/2013 at
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1 OF 4, R $26.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE #10
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE
PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L, BLOCK 99,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-12-003
WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone
4 Architects, submitted an application on January 11, 2013, pursuant to Aspen Municipal Code
Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day
landmark designation negotiation for the property located 602 E Hyman Avenue, Lot K&L,
Block 99, City and Townsite of Aspen, CO; and
WHEREAS, Municipal Code Section 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 owner and representative met with the Historic Preservation
Commission on February 27, 2013; and
WHEREAS, at their regular meeting on February 27, 2013, the HPC considered the designation
and proposed development, and found that 602 E. Hyman Avenue is a "Best' example of the
Modern style in Aspen. HPC recommended City Council approval of Historic Landmark
Designation; and
WHEREAS, Section 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, Section 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, the Community Development Department performed an analysis of the application
for Landmark Designation and found that the review standards are met; 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,
Ordinance#10, Series of 2013
602 E. Hyman, AspenModern Negotation
Page 1 of 4
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: 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 602 E Hyman Avenue, Lot K&L, Block
99, City and Townsite of Aspen, Colorado, 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 accepts the following incentive, granted by HPC.
1. Waiver of the three parking spaces and the cash-in-lieu payment generated by the
proposed remodel; and
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
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 three
(3) 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 fmal approval by the Historic Preservation
Commission, 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:
Ordinance#10, Series of 2013
602 E. Hyman, AspenModern Negotation
Page 2 of 4
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 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
property: 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of
Aspen, CO.
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: 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 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 5: Litigation
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: Severability
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: Public Hearing
A public hearing on the ordinance shall be held on the 13th day of May, 2013 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.
Ordinance#10, Series of 2013
602 E. Hyman, AspenModern Negotation
Page 3 of 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11 th day of March, 2013.
Michael C. Ireland, yor
ATTEST:
r 7
Kathryn Ko City Clerk
FINALLY, adopted, passed and approved this ? day of A9�013.
Michael C. Ireland, Ma r
ATTEST:
Kathryn Koch, ty Clerk
APPROVED AS TO FORM:
r/--'James R. True, City Attorney
Ordinance#10, Series of 2013
602 E. Hyman, AspenModern Negotation
Page 4 of 4
Ad Name: 8978161 A LEGAL NOTICE 3-1
Customer: Aspen (LEGALS` City of ORDINANCE#10,2013PUBLICHEARING /
/ Y Ordinance#10,Series of 2013,was adopted on
first reading at the City Council meeting March 11,
Your account number: 1013028 2013. This ordinance,if adopted will approve As-
pen Modern negotiations for historic designation of
602 E.Hyman. The public hearing on this ordi-
nance is scheduled for March 18,2013,at 5 PM,
PROOF OF PUBLICATION To seelithe entiirre text,Galen .
PROOF the city's legal notice
website
http://www.aspenpitki n.co m/Departments/Clerk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
TIZ A2:1 TIM:1 1 ,2013.Publis ed[in the 1]pen Times Weekly on March
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 3/14/2013 and that the last publication of
said notice was in the issue of said newspaper dated
3/14/2013.
In witness whereof,I have here unto set my hand
this 03/18/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 03/18/2013.
Mary E.Borkenhagen,Notary Public
\`°�1BIM b Commission expires:September 12,2015
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