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Home My WebLink Aboutordinance.council.030-13 ORDINANCE #30 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 430 W.MAIN STREET,LOTS K,L,AND M,BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #:2735-124-42-004 WHEREAS, the property owner, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, at their regular meeting on June 26, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval by a vote of 6 to 0. The Historic Preservation Commission also granted a 500 square foot floor area bonus, an action within their authority, according to Section 26.415.110 of the Municipal Code, on the basis that development rights on Lot 1 would be converted to TDR's and sold; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: RECEPTION#: 605855, 11/27/2013 at 10:42:46 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE 430 W. Main Janice K. Vos Caudill, Pitkin County, CO Ordinance #30, Series of 2013 Page 1 of 4 ORDINANCE #30 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 430 W.MAIN STREET,LOTS K,L,AND M,BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID 4:2735-124-42-004 WHEREAS, the property owner, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, at their regular meeting on June 26, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval by a vote of 6 to 0. The Historic Preservation Commission also granted a 500 square foot floor area bonus, an action within their authority, according to Section 26.415.110 of the Municipal Code, on the basis that development rights on Lot 1 would be converted to TDR's and sold; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: 430 W. Main Ordinance#30, Series of 2013 Page 1 of 4 Y Section 1: Historic Landmark Lot Split and Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption and up to 10 Transferable Development Rights for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except the variances approved by the HPC; and d. Be labeled to indicate that: Lot 1, a 4,000 square foot lot, is allowed a maximum floor area of 2,144 square feet. 2,000 square feet of floor area has been approved as 8 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Lot 2, a 5,000 square foot lot, is allowed a maximum floor area of 2,868 square feet, including a 500 square foot bonus granted by the Historic Preservation Commission, on the basis that the development rights on Lot 1 would be converted to TDR's and sold. 500 square feet of floor area has been approved as 2 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Certificates for the two TDR's that may be issued in connection with the 500 square foot floor area bonus awarded for Lot 2, pursuant to Aspen Municipal Code Section 26.415.110.F.1 h, shall not be issued unless and until certificates for all eight TDR's for Lot 1 have been issued and the corresponding deed restrictions recorded for each of those eight TDR certificates. 430 W. Main Ordinance #30, Series of 2013 Page 2 of 4 Section 2: 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. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be 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 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 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, including Final Major Development and Commercial Design Reviews by the HPC,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 24,Article 68, Colorado Revised Statutes,pertaining to the following described property: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. 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 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 430 W. Main Ordinance #30, Series of 2013 Page 3 of 4 Section 5: Public Hearing A public hearing on the ordinance shall be held on the 26th day of August, 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 22nd day of July, 2013. s e Steven Ska ton,Mayor AT T ST: ) AEC", athryn Koch ity—cleric FINALLY,adopted,passed and approved thisL_b day of 013' Steven Ska r , ayor ATT ST: Kathryn Koch, C' Clerk APPROVED AS TO FORM: ,,/"James R. True, City Attorney 430 W. Main Ordinance #30, Series of 2013 Page 4 of 4 Ad Name: 9391817A ORDINANCE#30,2013 EGA NOTICE PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#30,Series of 2013,was adopted on first reading at the City Council meeting July 22, Your account number: 1013028 2013,2013. This ordinance,if adopted will ap- prove a historic lot split and transferable density rights for 430 W.Main. The public hearing on this ordinance is scheduled for August,26,2013,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.aspenpilkin.com/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. Published in the Aspen Times Weekly on 7/25/2013(9391817) 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 7/25/2013 and that the last publication of said notice was in the issue of said newspaper dated 7/25/2013. In witness whereof,I have here unto set my hand this 07/31/2013. 17 Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/31/2013. �� 9 Pamela J.Schultz,Notary Public Commission expires:November 1,2015 Y PU PAMELAJ. SCHULTZ MY COIn ISS 00 Expires 11101Q015 Ad Name: 9392068A LEGAL NOTICE ORDINANCE#30,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#30;Series of 2013,was adopted on first reading at the City Council meeting July 22, Your account number: 1013028 2013,2013. This ordinance,if adopted will ap- prove a historic lot split and transferable density - - - - - - - - rights for 430 W.Main. The public hearing on this ordinance is scheduled for August 26,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website httF://www.as penpitki n.coMDe partments/C le rk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T3: A2:1 TIMI: Published in the Aspen Times Weekly on July 25, 2013. 9392068 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 7/25/2013 and that the last publication of said notice was in the issue of said newspaper dated 7/25/2013. In witness whereof,I have here unto set my hand this 07/25/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 07/25/2013. (� 9J Pamela J.Schultz,Notary Public Commission expires:November 1,2015 �O�pRy PVe(/� PAMELA J. SCHULTZ �CCrO" My Commission Expires 11/01015