HomeMy WebLinkAboutordinance.council.026-09ORDINANCE #26
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING LANDMARK DESIGNATION AND ORDINANCE #48, SERIES OF 2007
NEGOTIATIONS FOR POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY
LOCATED AT 630 E. HYMAN AVENUE, LOTS R AND S, BLOCK 99, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-12-007
WHEREAS, the applicant, 630 E. Hyman LLC, represented by Haas Land Planning, LLC and
Rowland + Broughton Architects, has requested negotiation for landmark designation pursuant to
Ordinance No. 48, Series of 2007 for the proposed alterations to the property located at 630 E.
Hyman Avenue, Lots R and S, Block 99, City and Townsite of Aspen, Colorado; and
WHEREAS, the property is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "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 Potential Historic Resource. The property owner shall be provided
notice of this meeting with the Historic Preservation Commission;" and
WHEREAS, the property owners were notified of the Historic Preservation Commission
meeting; and
WHEREAS, Amy Guthrie, in her staff report to HPC dated October 28, 2009, performed an
analysis of the building and the impact of the proposed alterations to the potential historic
significance of the building and found that the criteria for landmark designation are met; and
WHEREAS, at their regular meeting on October 28, 2009, the Historic Preservation
Commission considered the application and approved a recommendation to City Council by a
vote of 5-0; 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.
RECEPTION#: 565306, 12!15!2009 at 630 E. Hyman Avenue
09:40:53 AM, Ordinance #48 Ne otiation
1 OF 4, R $21.00 Doc Code ORDINANCE g
Janice K. Vos Caudill, Pitkin County, CO Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Historic Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for 630 E. Hyman Avenue, Lots R and
S, Block 99, City and Townsite oFAspen, Colorado.
Section 2: Ordinance #48, Series of 2007 Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby grants the Following Land Use entitlements, conditioned upon the
voluntary landmark designation of 630 E. Hyman Avenue, Lots R and S, Block 99, City and
Townsite of Aspen, Colorado and the issuance of a Development Order to be granted by the
Historic Preservation Commission, following Final Major Development and Commercial Design
Review:
1. Council hereby grants a variance to the allowable FAR For Commercial Uses, from
1.5:1 to 1.51:1.
2. Council hereby approves an increase in the maximum residential unit size for the free
market unit represented for 630 E. Hyman from 2,000 net livable square feet to 2,500
net livable square feet, with the extinguishment of an historic TDR to be issued by the
City. Council hereby authorizes the issuance of an historic TDR with the restriction
that it only be used for this purpose. At the time of building permit application, City
staff shall deposit the TDR with the building department and the developer shall
deposit the sum of $250,000, representing the estimated value of the TDR, into an
interest bearing escrow account with the City as the beneficiary of the account. In the
event that there is a default in terms and conditions of the building permit and the
construction is not completed, the City shall have recourse to the sums on deposit to
complete the work and cure any default in the terms and conditions of the building
permit, with any remaining sums returned to the developer. The TDR shall be
extinguished and the deposit shall be returned to the developer upon issuance of the
Certificate of Occupancy or Certificate of Final Inspection, whichever first occurs.
The terms of such escrow shall be set Forth in the development agreement applicable
to this project.
3. Council hereby approves an increase in the allowable Free-Market Multi-Family
Housing FAR from 0.5:1 to 0.59:1, without provision of affordable housing.
4. Council hereby permits the City's execution of an Encroachment License for the
existing encroachments into City right-of-way.
5. The applicant has represented that the remaining two uncommitted commercial spaces
will be offered for sale to local businesses.
630 E. Hyman Avenue
Ordinance #48 Negotiation
Page 2 of 4
6. Council hereby grants five years vested rights from the date of issuance of a
development order.
Section 3: 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 4: Existinff Litieation
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 5: Vested Riehts
The Land Use entitlements granted herein shall be vested for a period of five (5) yeazs from the date
of issuance of a development order, following Final Major Development and Commercial Design
Reviews by the Historic Preservation Commission. 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, including Final Major Development and
Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper
of general circulation within the jurisdictional boundazies 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 five (5) yeazs, 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: 630 E. Hyman Avenue, Lots R and S, Block 99, City and Townsite
of Aspen, Colorado.
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 aze 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
630 E. Hyman Avenue
Ordinance #48 Negotiation
Page 3 of 4
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 6: Public Hearine
A public hearing on the ordinance shall be held on the 7`h day of December, 2009, 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 day of ~, 2009. I! j
`"~, ~~hil a 4 0 ~ - I~w~~,ti
~~ ~ Michael C. I eland, Mayor
ATT ST:
J
Kathryn Koc ity Clerk
FINALLY, adopted, passed and approved this ~ day of ~ , 2009.
A T ST:
Kathryn Koch ty Clerk
APPROVED AS TO FORM:
~''f~"7~?~u7! w
`-Jnhri Worcester, City Attorney
I
n ?
~~ ~: ~ l
~,~- Michael C. eland, Ma
630 E. Hyman Avenue
Ordinance #48 Negotiation
Page 4 of 4
PERFORMANCE GUARANTEE- 630 E. HYMAN AVENUE, ASPEN, COLORADO
Date: / ) ' )CiJ Cashier's Check Amount: $250 / 000
Bank: 41P (AI 04,
To: Attn: Historic Preservation Officer Check Number: p 5-e / J j
City of Aspen
130 S. Galena St.
Aspen, CO 81611 Property Owner: 630 E. Hyman LLC
Subject Property Street Address: 630 E. Hyman Avenue
Aspen, CO 81611
Subject Property Legal Address: Lots R and S, Block 99, City and Townsite of Aspen.
The City of Aspen, as a condition of approval of certain land use approvals relating to the
above referenced property, as contained in Ordinance #26, Series of 2009, has required that the
undersigned Owner of the above referenced property provide financial security to guarantee the
completion of the approved project, as follows:
Aspen City Council has approved an increase in the maximum residential unit size for the
free market unit represented for 630 E. Hyman from 2,000 net livable square feet to 2,500
net livable square feet, with the extinguishment of an historic TDR to be issued by the
City. Council has authorized the issuance of an historic TDR with the restriction that it
only be used for this purpose. At the time of building permit application, City staff shall
deposit the TDR with the building department and the developer shall deposit the sum of
$250,000, representing the estimated value of the TDR, into an interest bearing escrow
account with the City as the beneficiary of the account.
A copy of the relevant approvals is appended hereto as Exhibit "A" and by this referenced
incorporated herein.
The undersigned Owner of the above referenced property hereby represents that a Cashier's
Check in the amount of $250,000 shall be deposited in an interest bearing account with the City
as the beneficiary of the account, for the financial security required by said land use approvals.
The City of Aspen may make withdrawals from said deposit at any time in its sole discretion
upon notification by the City's Community Development Director to the City's Finance Director
and to Owner that there is a default in terms and conditions of the building permit and the
construction is not completed. The City shall have recourse to the sums on deposit to complete
the work and cure any default in the terms and conditions of the building permit, with any
remaining sums, including interest, returned to the developer.
The TDR shall be extinguished and the deposit shall be returned to the developer upon issuance
of the Certificate of Occupancy or Certificate of Final Inspection, whichever occurs first;
provided, however, that the Owner's balance is not the subject of litigation.
Owner' signa - a