HomeMy WebLinkAboutordinance.council.040-13 RECEPTION#: 606009, 12/02/2013 at
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1 OF 5, R $31.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE #40
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND
PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 624 W. FRANCIS
STREET, UNIT B, STARRI CONDOMINIUMS,BLOCK 21, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2735-124-09-012
WHEREAS, the applicant, 624 W. Francis LLC, represented by Kim Raymond Architects,
submitted an application on August 16, 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 at 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, 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 September 11, 2013; and
WHEREAS, at their regular meeting on September 11, 2013, the HPC considered the
designation and proposed development, and found that 624 W. Francis is a"best" example of the
modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark
Designation and preservation benefits; 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#40, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 1 of 5
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 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, 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.
The Historic Designation for 624 W. Francis Street, Unit B, Starri Condominiums, Block 21,
City and Townsite of Aspen, Colorado as provided for herein shall in no way encumber or apply
to 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen,
Colorado, or any common elements of the Starri Condominiums which are owned in common by
the owners of Unit A and Unit B, Starri Condominiums. In the event of any amendment to the
condominium map or declaration of protective covenants of the Starri Condominiums after the
effective date of this ordinance which in any way reallocates property or improvements to Unit
B, Starri Condominiums as comprising a part of Unit B, the Historic Designation for Unit B,
Starri Condominiums as provided for herein shall apply, pursuant to and in compliance with the
intent of this ordinance, to such reallocated property or improvements. In the event of any
amendment to the condominium map or declaration of protective covenants of the Starri
Condominiums after the effective date of this ordinance which in any way reallocates property or
improvements to Unit A, Starri Condominiums as comprising a part of Unit A, the Historic
Designation for Unit B, Starri Condominiums as provided for herein shall not apply, pursuant to
and in compliance with the intent of this ordinance, to such reallocated property or
improvements. However, any reallocation of property or improvements from Unit B to Unit A
must have the prior written approval of the City of Aspen.
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. Expedited review. Council directs all building permit review departments to expedite
review of the permit for the subject application. Provided that the applicant submits a
permit by October 15, 2013, and provided that the applicant responds to any requests for
additional information or revisions within 3 business days of the request, the Building
Department shall endeavor to issue the permit by November 15, 2013.
Ordinance#40, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 2 of 5
2. Waiver of permit fees. Permit review fees for plan check, zoning, energy code,
engineering, construction mitigation and GIS shall be waived, along with tap fees the
City Water Department.
3. Waiver of impact fees. Parks and TDM fees for the permit shall be waived.
4. Tree removal. The fee to remove an aspen tree and spruce tree identified on the plans
shall be waived.
5. Floor area bonus: A 250 square foot floor area bonus has been awarded by the HPC
and is hereby approved to be issued in the form of a TDR. A 72 square foot floor area
bonus has been awarded for the proposed remodel of this property.
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 final 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:
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: 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, 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.
Ordinance #40, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 3 of 5
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 15th day of October, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23rd day of September,2013.
f'
Steven Sk on,Mayor
ATTEST:
ZAaz��/ti!'A
Kathryn K,#, City Clerk
Ordinance#40, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 4of5
FINALLY,adopted,passed and approved this ' day of 2013.
r
Steven Ska�' on, Mayor
ATT ST:
Kathryn Ko ity Clerk
APPROVED AS TO FORM:
"Xmes R. True, City Attorney
Ordinance#40, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 5 of 5
0, ) d Zed
a
Ad Name: 9571350A LEGAL NOTICE %
ORDINANCE 40,2013 PUBLIC HEARING �J
Customer: Aspen (LEGALS) City of Ordinance#40,Series of 2013 was adopted on first
Your account number: 1013028 2013. This or inance,ifadopted iIappr vene-
2013. This ordinance,if adopted,will approve ne-
gotiations for AspenModern for 624 W.Francis
Street. The public hearing on this ordinance is
scheduled for October 15,2013 at 5:00 p.m.City
Hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
T A T website
Z1 2:1 IMI: htt f://www.aspe npitki n.conVD epa rtme nts/C le rk/Le-
gal-Notices/
IF you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2667
Published in the Aspen Times Weekly on Septem-
ber 26,2013- [9571350]
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 9/26/2013 and that the last publication of
said notice was in the issue of said newspaper dated
9/26/2013.
In witness whereof,I have here unto set my hand
this 09/26/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 09/26/2013.
9
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
Y AU.B
PAMELA J.
SCHULTZ
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Yy C11mmISstn Expires 11101!2015