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DOC CODE: ORDINANCE
Pg 1 of 5, 09/26/2024 at 11:15:40 AM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE #13
(SERIES OF 2024)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING ASPENMODERN
HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR
DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR
SUBDIVISION, PLANNED DEVELOPMENT- PROJECT REVIEW, SPECIAL REVIEW
AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120
E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M,
ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE
VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO
SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66,
COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 1391993
IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID: 2735-124-38-002 & 2735-124-70-002
WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street,
Denver, CO 80204 has requested approval for AspenModern historic designation for the property
located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the
Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and,
WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was
rezoned from Public (P) to the Office (0) Zone District pursuant to Ordinance 15, Series of 1990;
and,
WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the
office (0) Zone District pursuant to Ordinance #82, Series of 1992; and,
WHEREAS, the Office Zone District was adjusted to the Mixed -Use (MU) Zone district,
pursuant to Ordinance #7, Series of 2005; and,
WHEREAS, the application was deemed to be complete on April 24, 2024 and applicable
fees paid on May 6, 2024. Receipt of payment commenced a code mandated 90-day negotiation
period. Since the review process could not be completed within 90 days, City Council, passed
Resolution #087, Series of 2024 at its regular meeting on July 23, 2024, extending the negotiation
period to August 27, 2024; and,
WHEREAS, the AspenModern designation process is described in Section 26.415.025
and Section 26.415.030 of the Municipal Code and allows City Council to approve site specific
benefits to secure voluntary historic designation following a recommendation from the Historic
Preservation Commission (HPC); and,
WHEREAS, on July 24, 2024, HPC reviewed the application at a duly noticed public
hearing — finding the property as one of the best and most intact examples of a Wrightian
Architecture in Aspen — and voted to recommend approval of the application with conditions via
Resolution #09, Series 2024; and,
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Council Ordinance #13, Series 2024
WHEREAS, to approve of Voluntary AspenModern Landmark Designation, Council
must find the application meets the requirements of Aspen Municipal Code Section 26.415.030;
and,
WHEREAS, to approve of Conceptual Major Development, Council must find the
application meets the requirements of Aspen Municipal Code Section 26.415.070, Development
Involving Designated Historic Property or Property within a Historic District; and,
WHEREAS, to approve of Transferrable Development Rights, Council must find the
application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable
Development Rights; and
WHEREAS, to approve of Major Subdivision, Council must find the application meets
the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and,
WHEREAS, to approve of Planned Development — Project Review, Council must find
the application meets the requirements of Aspen Municipal Code Section 26.445, Planned
Development); and,
WHEREAS, to approve of Growth Management, Council must find the application meets
the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and
Zoning Commission Growth Management review; and,
WHEREAS, upon review of the application and applicable Land Use Code standards,
the Community Development Director recommended approval of certain benefits, subject to
conditions; and,
WHEREAS, the Aspen City Council considered the request at 1st Reading on August
13th1 2024, and at 2nd Reading (a duly noticed public hearing) on August 27th; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed, and considered
the recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the Aspen City Council finds that the proposal for AspenModern Landmark
Designation, Conceptual Major Development, Transferrable Development Rights, Major
Subdivision, Planned Development — Project Review, and Growth Management Review meets
the applicable standards of the Land Use Code and voted five to zero (5-0) on August 27th to
approve the request; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
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Council Ordinance #13, Series 2024
NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL:
Section 1: Voluntary AspenModern Landmark Designation and Benefits:
Council approves of AspenModern Landmark Designation, and certain benefits as requested in the
application and described herein, subject to the following conditions:
1. Upon recordation of the subdivision plat (combining Lots 1 and 2), the resulting parcel
shall be designated as an AspenModern Landmark. The ability to sever TDRs, pursuant to
Section 2 of this Ordinance, shall begin when the AspenModern Landmark status is
established.
Section 2: Transferrable Development Rights:
Council approves ten (10) TDRs subject to the following conditions:
1. A deed restriction shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from
future development.
Section 3: Major Subdivision:
Council approves of Major Subdivision to combine Lots 1 and 2, subject to the following
conditions:
1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater
runoff, vehicular access, tree care, and utility placement shall be met in accordance with
City requirements. These details shall be worked out at the time of building permit.
2. The access easement between the designated building and the rear addition shall be at least
20-ft. in width.
Section 4: Planned Development- Project Review:
Council approves of Planned Development- Project review as needed to provide flexibility in the
provision of the approved benefits and the site plan proposed by the Applicant, subject to the
following conditions:
1. A subsequent application for Planned Development Detailed Review and Historic
Preservation Major Development Final Review shall be submitted to the Community
Development Department within one year of Council approval.
2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision
development agreement, and other documents required pursuant to Title 26 shall be
submitted to the Community Development Department within 180 days of approval of
Detailed Review.
3. A three-foot setback along the north (rear) property line and a zero -foot setback along the
east (side yard) property line shall be memorialized as part of the building envelope and
included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying
zoning and shall also be included as part of the building envelope.
a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the
City of Aspen Land Use Code may be developed outside the boundary of the
building envelope.
4. Two (2) deed -restricted residential dwellings with a cumulative maximum floor area of
2,481 sq. ft. may be developed on the property consistent with the drawings represented in
the application. Minor changes of a technical nature may be approved administratively at
the discretion of the Community Development Director.
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Council Ordinance #13, Series 2024
a. The dwellings may be deed restricted at the category determined by the Applicant.
b. Affordable Housing Certificates may be issued commensurate with the category of
designation.
c. If the units are deed restricted to Residential Occupied (RO), the Applicant shall be
issued certificates of affordable housing credit pending an applicable code change.
In this circumstance, the credits shall be issued retroactively with no additional land
use review required.
5. Council approves of the proposed parking plan as represented in the application, subject to
the following conditions:
a. A total of nine (9) off-street parking spaces shall be provided.
b. Four (4) of the spaces shall be tandem "stacked." It is recommended that these
spaces be reserved for employees of the commercial space and not for customers.
The parking plan that is required shall dictate the use of these spaces and clarify
such details.
c. At least one (1) covered parking space (under the rear addition) shall meet
minimum ADA standards.
Section 5: Growth Management Review:
Council approves of Growth Management review and supports a guarantee that any remaining
affordable housing mitigation required for the commercial building has been met.
Section 6: Miscellaneous Benefits:
Council approves of the following miscellaneous benefits requested by the Applicant, subject to
conditions:
1. Planning fees, including land use review fees, building permit fees, tree removal mitigation
fees, parks fees, and Air Quality (TDM) fees are waived for the new development.
2. Ten (10) years of vested rights are hereby approved.
3. A six-month rescission period (commencing on the date of this approval) to allow the
owners time to confirm the conditions of approval are acceptable for the property is hereby
approved.
4. A restaurant tenant in the commercial building is approved and associated roof top
mechanical equipment consistent with City of Aspen Building Codes is approved,
substantially consistent with the applicant's representations.
Section 7: 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 Community Development Department, the Historic Preservation
Commission, or the Aspen 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
other specific conditions or an authorized authority.
Section 8: Existing 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 9: Severability:
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Council Ordinance #13, Series 2024
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.
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City
Council of the City of Aspen on the 13th day of August 2024.
ATTEST:
c
Nicole Henning, City rlerk Torre, Mayor
FINALLY, adopted, passed, and approved on this 27th day of August 2024.
Approved as to form:
J es R. True, City Attorney
rJ
Attest:
Nicole Henning, City C
Approved as to content:
Torre, Mayor
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Council Ordinance #13, Series 2024