HomeMy WebLinkAboutordinance.council.012-2022RECEPTION#: 691206, R: $33.00, D: $0.00
DOC CODE: ORDINANCE
Pg 1 of 5, 10/28/2022 at 01:15:11 PM
ORDINANCE #12 Ingrid K. Grueter, Pitkin County, CO
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC DESIGNATION AND BENEFITS,
SUBDIVISION, GROWTH MANAGEMENT AND TRANSFERABLE DEVELOPMENT
RIGHTS FOR THE PROPERTY LOCATED AT 949 W. SMUGGLER STREET, LOT 2,
VANDEMOER HILL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-122-12-003
WHEREAS, the applicant, Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668,
Sterling, Colorado 80751, has requested review of AspenModern Historic Designation and
Benefits, Major Development, Relocation, Demolition, Variations, Subdivision, Growth
Management and a TDR for the property located at 949 W. Smuggler Street, Lot 2, Vandemoer
Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003; and
WHEREAS, the proposal has been deemed to be exempt from the applicability of Ordinance #27,
Series of 2021 and Ordinance #6, Series of 2022, ordinances which generally placed a temporary
moratorium on residential development, and has been allowed to proceed because land use
applications involving voluntary AspenModem landmark designation are specifically permitted to
be processed at this time; and
WHEREAS, the application was deemed to be complete on March 31, 2022 and is to be reviewed
according to the land use regulations in affect prior to the adoption of Ordinance #27, Series of
2021. The date of completeness commenced a code mandated 90 day period for the City to
negotiate historic designation with the property owner. Since the review process could not be
completed within 90 days, City Council, through Resolution #068, Series of 2022, granted a 14
day extension of the negotiation period, from June 29 to July 13, 2022; and
WHEREAS, the AspenModern designation process is described at Section 26.415.025 and
Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific
benefits to secure voluntary historic designation; 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 April 13, 2022, April 271h, 2022 (site visit), and May 11, 2022, considered the
application, the staff memo and public comments, and found that the property is a "best" example
of AspenModern era architecture and the proposal is consistent with the review standards. HPC
granted approval for Major Development, Relocation, Demolition, and Variations and
recommended Council approval of AspenModern designation and Benefits, Subdivision, Growth
Ordinance #12, Series of 2022
949 W. Smuggler, AspenModern designation
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Management, and Transferable Development Rights, with conditions, by a vote of 6 to 0, with
one abstention; 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,
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 finds that 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, 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 associated with this historic designation.
1. Designation will affect the entire property; Parcel A, the Chalet lot and Parcel B, the corner
lot. As such, future development of Parcel B is subject to HPC Major Development Review
and Residential Design Standards Review.
Ordinance #12, Series of 2022
949 W. Smuggler, AspenModem designation
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2. A full waiver of compliance with the Residential Design Standards is granted for the new
home on Parcel A, the Chalet lot, as a negotiated benefit. This house is not designed to
relate to Smuggler Street and its character as an alley/back-drop structure is appropriate.
3. The applicant shall comply with slope reduction on Parcel A, the Chalet lot, rather than
asking for a preservation benefit on this topic.
4. The fence near the entry to the Chalet home is original and historically significant and
should remain in place (with maintenance and repair as needed) and shall be granted a
permanent encroachment license to sit in the public right-of-way.
5. The applicant is asked to continue their excellent regular maintenance of the Chalet and to
work closely with the Parks Department to preserve the significant trees adjacent to the
home, while also taking note of the impacts of the tree roots and branches continually
moving towards the historic structure.
6. For relocation of the chicken coop, a letter from an engineer or housemover demonstrating
the structure is capable of withstanding the relocation, a plan for the safe relocation of the
building, and a financial assurance in the amount of $15,000 will be required prior to
building permit submission.
7. Setback variations are approved on Parcel A, the Chalet lot, for the "chicken -coop" and the
proposed new home along the alley. The chicken -coop is permitted a 5 foot east setback
where it should have 10 feet. The new house along the alley is permitted a 5 foot rear
setback rather than the 10 feet required for proposed below grade space, a second floor
deck, and a lightwell.
8. A combined sideyard of 15 feet is permitted on Parcel B, the corner lot, where 25 feet is
required. A 30' front yard setback is required, only above grade. These requirements may
be adjusted by an affirmative vote of HPC at the time that development is proposed.
9. One TDR shall be severed from Parcel B, the corner lot, and the property will thereafter
forgo 30 square feet of otherwise allowable floor area and be permitted the development
of a single- family home or affordable housing, with an allowed floor area of 3,240 square
feet.
10. The applicant shall withdraw the request for deferral of affordable housing mitigation on
Parcel A, the Chalet lot, as a preservation benefit.
11. The applicant shall be permitted to mitigate the affordable housing impacts of the new unit
on Parcel A as an Administrative Exemption, according to the land use code in place at the
time of building permit application. On Parcel B, mitigation for the new home shall be a
Growth Management Residential Development review per Section 26.470.100.H or
26.470.100.I. As an alternative to the applicant's request for mitigation relief as part of
their voluntary designation of the subject property, Council directs the Community
Development Department to issue the applicant two (2) Transferable Development Rights
certificates that will not reduce development rights on the site.
12. If the property owner is agreeable, the City accepts the opportunity for a 30 day exclusive
window to negotiate a purchase of Parcel B, the corner lot following recordation of the
Subdivision plat.
Ordinance #12, Series of 2022
949 W. Smuggler, AspenModern designation
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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 the adoption of this ordinance, 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: 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and
Townsite of Aspen, Colorado, PID 2735-122-12-003
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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 #12, Series of 2022
949 W. Smuggler, AspenModern designation
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Section 5: Liti ation
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 5: 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 Hearin
A duly noticed public hearing on this Ordinance was held on the 121' day of July, 2022 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 24 h day of May, 2022.
FINALLY, adopted, passed, and approved by a 6 to 0 vote on this I P day of July, 2022.
Approved as to form:
J mes R. True, City Attorney
Attest:
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Nicole Henning, City Clerk
Approved as to content:
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Torre, Mayor
Ordinance #12, Series of 2022
949 W. Smuggler, AspenModern designation
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