HomeMy WebLinkAboutresolution.hpc.012-2017 RESOLUTION #12
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING FINAL MAJOR DEVELOPMENT, FINAL COMMERCIAL DESIGN AND
GROWTH MANAGEMENT APPROVALS FOR 500 W. MAIN STREET, LOTS RAND
S,BLOCK 30, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2735-124-43-007
WHEREAS, the Community Development Department received an application from 500
West Main Street, LLC, for the following land use review approvals:
• Final Commercial Design Review pursuant to Land Use Code Section 26.412,
• Final Major Development Review pursuant to Land Use Code Section 26.415,
• Growth Management Review pursuant to Land Use Code Section 26.430, and
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application, March 15, 2016, as applicable to this Project; and,
WHEREAS, the Aspen Community Development Department reviewed the proposed
Application and recommended approval with conditions, and,
WHEREAS, the Historic Preservation Commission reviewed the Application at a duly
noticed public hearing on June 14, 2017 during which time the recommendations of the
Community Development Director and comments from the public were requested and heard by
the Historic Preservation Commission; and,
WHEREAS, the Historic Preservation Commission determined that the applicable
review criteria were met and approved Resolution 412, Series of 2017, by a 7 to 0 vote, granting
approval with the conditions listed hereinafter.
NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby grants approval for Final Major Development, Final
Commercial Design Review and Growth Management (in addition to approvals contained in
FIPC Resolution 932, Series of 2016), as follows.
1. The historic structure must be roofed with wood shingles. Staff and monitor must review
and approve a sample of the solar shingles on the new addition before that product may
be used.
2. The building permit must clearly label all original exterior materials, including doors and
windows on the historic structure to be restored, with review of any necessary repair or
replacement conducted on site by staff. The removal of historic materials is to be
minimized. The building permit must clearly label that all historic structural elements on
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RECEPTIONM 640807, R: $23.00, D: $0.00 Resolution#12, Series 2017
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Janice K. Vos Caudill, Pitkin County, CO
the perimeter of the historic building and roof will be preserved in place with any
structure to be added or removed reviewed by staff.
3. Final cut sheets for new windows to be installed in the historic building will be reviewed
and approved during permit review by staff.
4. Detailed drawings of the porch restoration will be reviewed and approved by staff during
permit review. Historic photos will be studied in order to identify and reflect the original
porch roof material. The porch roof material, gutters and snow stops require review and
approval by staff and monitor.
5. Final selection of exterior light fixtures to be used on the historic structure requires
review and approval by staff and monitor. Consider using period fixtures.
6. The planter at the rear of the historic structure must be restudied to ensure no damage will
be done to the historic resource, for review by staff and monitor.
7. The Transportation Impact Analysis is approved as proposed. Any revisions shall be
approved by the City of Aspen Engineering Department.
8. The application requires affordable housing mitigation for approximately 0.34
employees, to be addressed at a Category 4 level with the provision of Affordable
Housing Credit Certificates or cash in lieu payment. The calculations will be finalized
during building permit review.
Section 2:
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 and the Historic Preservation
Commission 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 3:
This Resolution 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 4•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 5: Vested Riehts
The development approvals granted herein shall constitute a site-specific development plan 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
Historic Preservation Commission
Resolution#12, Series 2017
Page 2 of 3
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, 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: 500 W. Main Street.
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.
FINALLY, adopted, passed and approved this 14th day of June, 2017.
Approved as to form: A roved s to contentt::'�j//���•
• Y
Andrea ryan, Assistant City Attorney eff y Halferty, Chair
Attest:
Nicole Henning,Deputy CitdClerk
Historic Preservation Commission
Resolution#12, Series 2017
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