HomeMy WebLinkAboutordinance.council.018-14 RECEPTION#: 611580, 07103/2014 at
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1 OF 5, R $31.00 Doc Code ORDINANCE
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE #18
(Series of 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND
PRESERVATION BENEFITS, INCLUDING THE CREATION OF TWO
TRANSERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 120
RED MOUNTAIN ROAD, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-072-00-028
WHEREAS, the applicant, Red Mountain Riverfront, LLC, represented by Kim Raymond
Architects and Alan Richman Planning Services, submitted an application on March 14, 2014,
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 120 Red Mountain Road, City and Townsite of Aspen, CO; and
WHEREAS, City Council, through Resolution #61, Series of 2014, granted a 40 day extension
of the negotiation period, to July 22nd; and
WHEREAS, Municipal Code Section 26.415.025.C(l)(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 May 28, 2014; and
WHEREAS, at their regular meeting on May 28, 2014, the HPC considered the designation and
proposed development, and found that 120 Red Mountain Road is a "best" example of the
modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark
Designation and negotiation of preservation benefits; and
WHEREAS, Section 26.415.025.C(l)(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
Ordinance #18, Series of 2014
120 Red Mountain Road, AspenModern Negotiation
Page 1 of 5
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 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 120 Red Mountain Road, 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 approves the following incentives.
1. Expedited review. Council directs all building permit review departments to provide
first round permit comments within three weeks of the applicant's submittal of complete
information and second round comments within two weeks of the applicant's submittal of
complete information.
2. Waiver of permit fees. Fees for plan check, building permit fee, energy code, zoning,
engineering permit review, construction mitigation, GIS, parks permit review, and tap
fees due to the City Water Department for the remodel approved by HPC Resolution #15,
Series of 2014, shall be waived.
3. Waiver of impact fees. Parks and TDM fees for the remodel approved by HPC
Resolution#15, Series Of 2014 shall be waived.
4. Fisherman's Easement. The applicant shall provide a recorded Fisherman's Easement
covering those areas of the property within the high water boundaries of the river course.
Section 3: Transferable Development Rights
City Council does hereby authorize the creation of two (two) Transferable Development Rights
for 120 Red Mountain Road, City and Townsite of Aspen, Colorado, with the following
conditions:
Ordinance #18, Series of 2014
120 Red Mountain Road, AspenModern Negotiation
Page 2 of 5
I. Upon satisfaction of all requirements, the city and the applicant shall establish a date
on which the respective Historic TDR Certificates shall be validated and issued by the
City.
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and
the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site (120 Red Mountain Road, City and Townsite of
Aspen, Colorado) by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office,
Section 4: 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: 120 Red Mountain Road, 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
Ordinance #18, Series of 2014
120 Red Mountain Road, AspenModern Negotiation
Page 3 of 5
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 5: 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 6: LitiLyation - - - -
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 7: 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 8: Public Hearin
A public hearing on the ordinance shall be held on the 23rd day of June, 2014 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 9th day of June, 2014. i
Steven SVdron,Mayor
AT �ST:
'binda Manning, City Clerk
Ordinance #18, Series of 2014
120 Red Mountain Road, AspenModern Negotiation
Page 4 of 5
FINALLY,adopted,passed and approved this! day of ,��Z, 2014.
Stev n Sk dron, Mayor
AT EST:
c
ti ;V
Lirfda Manning, City Clerk
APPROVED AS TO FORM:
,,-fames R. True, City Attorney
Ordinance #18, Series of 2014
120 Red Mountain Road, AspenModern Negotiation
Page 5 of 5
Mon, Jun 09, 2014 15:52:43
10267820
Ad Ticket#5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail: ANGELA.SCOREY @CITY
Client:
Caller: Linda Manning . Aspen
City.
_Receipt State: CO zip: 81611
Ad Name: 10267820A Original Id: 10246341
Editions: 8ATI/8ATW/ Class: 0990
Start: 06/12/14 Stop: 06/12/14
Color: Issue 1
Copyline: atw Ordinance #18 Rep: AT Legals
LEGAL NOTICE
ORDINANCE 18. 2014 PUBLIC HEARING
Lines: 23 Ordinance #18. Series of 2014 was adopted on first
reading at the City Council meeting June 9, 2014.
Depth: 1.93 This ordinance. if adopted. will approve Aspen-
Columns: 1 Modern historic landmark designation and preser-
vation benefits at 120 Red Mountain Road.The
Discount: 0.00 public hearing on this ordinance is scheduled for
Commission: 0.00 June 23. 2014 at 5:00 p.m . City Hall. 130 South
Galena.
Net: 0.00 To see the entire text. go to the city's legal notice
Tax: 0.00 website
Total 11.64 http:liwww.aspenpitkin.com,Departments,'Clerk/Le-
gal-Notices:'
Payment 0.00 IF you would like a copy FAXed or e-mailed to you.
call the city clerk's office. 429-2687
Published in the Aspen Times Weekly on June 12.
2014 (10267820)
Ad shown is not actual print size
Ad Name: 10267820A LEGAL NOTICE
Customer: Aspen (LEGALS) City of OrdiORDe##118,eres2of120114wasC adopted onfirst
reading at the City Council meeting June 9,2014.
Your account number: 1013028 This ordinance,if adopted,will approve Aspen-
Modern historic landmark designation and preser-
vation benefits at 120 Red Mountain Road.The
public hearing on this ordinance is scheduled for
June
PROOF OF PUBLICATION Galena3,2014 at 5:00 p.m.City Hall,130 South
To see the entire text,go to the city's legal notice
website
http://www.aspenpitkin.com/Departments/Clark/Le-
gal-Notices/
TB: Alr:w TIM:1 IF you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2687
Published in the Aspen Times Weekly on June 12,
STATE OF COLORADO, 2014(10267820)
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 6/12/2014 and that the last publication of
said notice was in the issue of said newspaper dated
6/12/2014.
In witness whereof,I have here unto set my hand
this 06/25/2014.
r
Jim Morgan,Genera Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 06/25/2014.
(�"&- 9 J-,L
Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
CPRY PV
•6
PAMELA J.
SCHULTZ