HomeMy WebLinkAboutordinance.council.022-2020 ORDINANCE #022
(Series of 2020)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK NEGOTIATION FOR THE
PROPERTY LOCATED AT 211 W.HOPKINS AVENUE,LOTS F AND G,BLOCK 53,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-63-003
WHEREAS,the applicant,Matt Joblon,205 S. Detroit Street, Suite 400,Denver,CO 80206,with
the consent of property owner Vaughan Capital Partners, LP has requested approval for
AspenModern Historic Designation for the property located at 211 W.Hopkins Avenue,Lots F and
G, Block 53, City and Townsite of Aspen, Colorado; and
WHEREAS, the AspenModern designation process is described at Section 26.415.025 and
Section 26.415.030 of the Municipal Code; and
WHEREAS, the application, which was deemed to be complete on October 2, 2020, initiated a
90-day period of negotiation that may be extended if no agreement has been reached before
expiration. Since the review process could not be completed within 90 days,City Council,through
Resolution #104, Series of 2020, granted a 30-day extension of the negotiation period, from
December 31, 2020 to January 30, 2021; 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 representatives met with the Historic Preservation
Commission on October 28, 2020 and November 18, 2020; and
WHEREAS,at their regular meeting on November 18,2020,the HPC considered the designation
and proposed development, and found that 211 W. Hopkins Avenue is a "best" example of
AspenModern era architecture. HPC recommended City Council approval of preservation benefits
by a 5 to 0 vote; 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
Ordinance#022, Series of 2020
211 W. Hopkins Avenue, AspenModern designation
Page 1 of 4
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,
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 Desienation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby finds that 211 W. Hopkins Avenue,Lots F and G,Block 53,City and Townsite
of Aspen,Colorado meets the criteria for landmark designation as an AspenModern historic resource.
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 approves the following benefits for the approved redevelopment of the
property associated with this historic designation.
Tree Removal Fee Waiver
Granting of tree removal permits and waiver of all tree mitigation fees.
Expedited Permit Review
The building permit shall be subject to expedited building permit review consistent with the
Building Department's adopted procedure.
Floor Area Bonus
A floor area bonus of 135 square feet of enclosed space and 19 square feet to be used for larger
outdoor decks is approved.
Setback Variation
A rear yard setback reduction of 2', allowing the new residential unit to be 8' from the rear lot
line on all floors is approved.
Ordinance#022, Series of 2020
211 W. Hopkins Avenue, AspenModern designation
Page 2 of 4
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: 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite
of Aspen,Colorado.
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.
Ordinance#022, Series of 2020
211 W. Hopkins Avenue, AspenModern designation
Page 3 of 4
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.
Section 7: Public Hearing
A duly noticed public hearing on this Ordinance was held on the 12a,day of January,2021 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 8th day of December,2020.
FINALLY,adopted,passed, and approved by a_to_vote on this 12th day of January, 2021.
Approved as to form: Approved as to content:
'James R.True,City Attorney Torre,Mayor
,,,--Attest:
Nicole Henning,City Clerk
Ordinance#022, Series of 2020
211 W. Hopkins Avenue, AspenModern designation
Page 4 of 4