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Home My WebLink Aboutordinance.council.018-18 ORDINANCE #18 (Series of 2018) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING HISTORIC LANDMARK LOT SPLIT, TRANSFERABLE DEVELOPMENT RIGHTS, SPECIAL REVIEW AND VARIATIONS FOR THE PROPERTY LOCATED AT 500 W. MAIN STREET, LOTS R AND S, BLOCK 30, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-43-007 WHEREAS, 500 W. Main Street LLC, owner of 500 W. Main Street, Lots R and S, Block 30, City and Townsite of Aspen, Colorado, requested City Council approval for the following: • Historic Landmark Lot Split- (Chapter 26.480) for the subdivision of the existing 6,000 square foot lot into two 3,000 square foot lots, the east lot to contain a historic structure and the west lot to be vacant. • Transferable Development Rights- (Chapter 26.535) for the creation of up to 7 TDRs, representing all of the development allowed on the west lot. • Special Review -(Chapter 26.430) to allow the Mesa Store to exceed the floor area allowed for a commercial structure on a 3,000 square foot lot in the Mixed Use Zone District. • Commercial Design Review- (Chapter 26.410) allowing a waiver of Pedestrian Amenity on the east lot, where the historic structure and required on-site parking leave no opportunity for Pedestrian Amenity space. • Setback Variation- (Chapter 26.415) allowing a reduction of the required distance between the west side of the historic resource at 500 W. Main and the new property line resulting from the Historic Landmark Lot Split. • Transportation and Parking Management-(Chapter 26.515) allowing a cash-in-lieu fee waiver of the portion of the parking unit requirement that cannot be accommodated on the east lot, where it is required as mitigation for the commercial use; and WHEREAS, the Community Development Department performed an analysis of the application, found that the review standards were met, and recommended approval with conditions; 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, 111111111111111111111111111111111111111111111111111111111111111111111111111 Ordinance#18, Series 2018 RECEPTION#: 650643, R: $33.00, D: $0.00 500 W. Main DOC CODE: ORDINANCE Page 1 of 5 Pg 1 of 5, 09/26/2018 at 01:26:05 PM Janice K. Vos Caudill, Pitkin County, CO 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth above, the City Council does hereby authorize the subdivision of 500 W. Main Street, Lots R and S, Block 30, City and Townsite of Aspen, Colorado into two lots of 3,000 square feet each as depicted on the Mesa Subdivision plat. Section 2: Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to 7 TDRs from the west lot of the Mesa Subdivision with the following conditions: 1 . Commencing with the severing of the first TDR from the property, the maximum floor area for the lot shall be 1,920 square feet minus 250 square feet for each TDR Certificate issued. 2. 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 and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. The property owner may decide when and if, as warranted by the TDR market, the development rights will be converted into certificates and sold. 3. 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 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 3: Special Review Pursuant to the findings set forth above, the City Council does hereby authorize the floor area for the east lot of the Mesa Subdivision a maximum floor area of 1 .15:1 . Section 4: Commercial Design Review Pursuant to the findings set forth above, the City Council does hereby authorize a full waiver of Pedestrian Amenity on the east lot of the Mesa Subdivision in Ordinance#18, Series 2018 500 W. Main Page 2 of 5 recognition of the applicant's restoration of the Mesa Store being an exemplary preservation effort deserving of an incentive or reward. Section 5: Setback Variations Pursuant to the findings set forth above, the City Council does hereby authorize a waiver of the east, south and west setback requirements for the east lot of the Mesa Subdivison. Section 6: Parking and Transportation Management Pursuant to the findings set forth above, the City Council does hereby authorize provision of two parking spaces on the east lot of Mesa Subdivision, provision of one unit of parking mitigation using one TIA credit as demonstrated in the land use application, one parking space on the west lot- dedicated to the east lot via easement, and payment of a $7,800 cash-in-lieu fee, completing the balance of the mitigation requirement. 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. Section 8: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 9: Vested Rights 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 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 Ordinance#18, Series 2018 500 W. Main Page 3 of 5 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. Section 10: Public Hearing A public hearing on the ordinance was held on the 13th day of August, 2018, 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 23rd day of July, 2018. Stev n adro ayor A": W" T, Linda Manning, City Cl rk Ordinance#18, Series 2018 500 W. Main Page 4 of 5 FINALLY, adopted, passed and approved this day of 018 Steven Sk on, Mayor A T: 1 inda Manning, City lerk APPROVED AS TO FORM: JoKes R. True, City Attorney Ordinance#18, Series 2018 500 W. Main Page 5 of 5