HomeMy WebLinkAboutordinance.council.022-18 ORDINANCE #22
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING DEMOLITION, RELOCATION, RESCINDING DESIGNATION,
DESIGNATION FOR THE PROPERTY LOCATED AT 333 PARK AVENUE AND 931
GIBSON AVENUE,AS LEGALLY DESCRIBED IN ATTACHMENT A
PARCEL ID: 2737-181-00-017
PARCEL ID: 2737-074-00-004
WHEREAS, the Community Development Department received an application from BMH
Investments, LTD, owner of 333 Park Avenue and contract purchaser for 931 Gibson Avenue,
see Exhibit A for legal description, requesting approval for the following:
• Relocation- (Section 26.415.090) for the relocation of the two historic buildings from 333
Park Avenue (R-6 Zone District) to 931 Gibson Avenue (R-15A Zone District).
• Demolition- (Section 26.415.080) of non-historic additions found on 333 Park Avenue
before the relocation of the historic buildings.
• Rescindina Designation- (Section 26.415.050) of 333 Park Avenue if relocation of the
historic buildings is approved.
• Designation- (Section 26.415.030) of 931 Gibson Avenue if relocation of the historic
buildings is approved; and
WHEREAS, the Community Development Department received referral comments on
the Application from the City Engineering, Building, and Parks Departments; and,
WHEREAS, the 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 July 11, 2018, during which the recommendations of the Community
Development Director and comments from the public were heard by the Historic Preservation
Commission, and recommended approval with conditions by Resolution No. 9, Series of 2018,
by a vote of seven to zero (7—0).
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
public noticing submitted to the record, a summary of public outreach was provided by the
applicant to meet the requirements of Land Use Code Section 26.304, and the public was
provided full access to review the Application; and,
WHEREAS, City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendations of the Community Development Director, the Historic Preservation
111 111 1111 11 1111 1�h 111111 1111$ 11111 IN1111111111 1111 Ordinance#22, Series of 2018
RECEPTION#: 651282, R: $38.00, D: $0.00 333 Park Ave. & 931 Gibson Ave.
DOC CODE: ORDINANCE Page 1 of 6
Pg 1 of 6, 10/17/2018 at 01:46:17 PM
Janice K. Vos Caudill, Pitkin County, CO
Commission, the applicable referral agencies, and has taken and considered public comment at a
public hearing; and,
WHEREAS, on August 13, 2018, the Aspen City Council approved Ordinance No. 22,
Series of 2018 with conditions, on First Reading by a three to zero (3 —0)vote; and,
WHEREAS, during a duly noticed public hearing on September 17, 2018, the Aspen
City Council approved Ordinance No. 22, Series of 2018, by a three to two (3 —2) vote, approving
Relocation, Demolition, changes to Historic Designations and associated land use reviews for 333
Park Avenue and 931 Gibson Avenue; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen City Council grants 333 Park Avenue and 931 Gibson Avenue land use review approvals for
Relocation of two (2) historic buildings from 333 Park to 931 Gibson, demolition of non-historic
elements on 333 Park Avenue, and Rescinding of Designation at 333 Park Avenue and Designation
of 931 Gibson Avenue following relocation, subject to the conditions of approval as listed herein.
The designation on 333 Park Avenue shall be removed and the designation on 931 Gibson Avenue
shall be added only upon safe relocation of the historic resources to 931 Gibson Avenue, as
determined by the Chief Building Official and Historic Preservation Officer. 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 City of Aspen Community Development Department.
The following conditions shall apply to 931 Gibson Avenue after the safe relocation of the historic
resources and the historic designation of the property:
1. A future lot split is prohibited unless approved by City Council.
2. The property shall contain a single driveway and single curb cut.
3. The property shall not be eligible for a floor areas bonus, pursuant to Section
26.415.110.F, as may be amended. The property is hereby granted the establishment of
one (1) Transferable Development Right (TDR), pursuant to Section 26.415.110.L. The
establishment of this TDR shall be in addition to the underlying floor area allowed for the
subject property, as prescribed in the underlying zone district.
Ordinance#22, Series of 2018
333 Park Ave. & 931 Gibson Ave.
Page 2 of 6
4. Install a continuous sidewalk along the subject property on Gibson Avenue in accordance
to the Engineering Master Plan requirements pursuant to the Engineering Design
Standards.
Section 2: Historic Preservation, Maior Review
A separate application for Historic Preservation Major Development will be submitted for HPC
review. The project shall be subject to applicable code requirements, in place at the time of
application. The application shall include an updated Relocation Plan, for review by the Parks and
Engineering Departments. Approval of the Relocation Plan is required prior to issuance of a
building permit for work on 333 Park Avenue and 931 Gibson Avenue.
Section 3• Parks
The relocation of the historic structures will require pruning to trees. The Relocation Plan shall
address all applicable Parks Department requirements to ensure protection and minimal impacts to
trees. Pruning of City trees for the relocation requires a certified arborist under the supervision of the
City Forester, and paid for by the applicant. Permission for any pruning on private property will be
required from private property owners prior to Parks signing off on the plan. Any tree removals
require owner permission as well as tree removal permits from the Parks Department.
Section 4: Engineering
The Applicant's design shall be compliant with all sections of the Municipal Code, Title 21 and
all construction and excavation standards published by the Engineering Department. The project
shall meet the Urban Runoff Management Plan Requirements. A major drainage report that
meets URMP and Engineering Design Standards is required with building permit submittal.
Section 5: Building Permit
As part of a building permit review, the applicant will be required to submit a report from a
licensed engineer, architect or housemover demonstrating that the house and outbuilding can be
moved, and the method for moving and protecting the structures, must be submitted with the
building permit application. In addition, the applicant must provide a bond, letter of credit or
cashier's check in a form acceptable to the City Attorney in the amount of $30,000 for the
historic house and $15,000 for the historic outbuilding to be held by the City during the duration
of the relocation process.
Section 6: Impact Fees and School Land Dedication
Any applicable fees shall be assessed at the time of building permit application submittal and
paid at building permit issuance. The amount shall be calculated using the methodology and fee
schedule in effect at the time of building permit submittal.
The allocation of any fee credits for demolition work on 333 Park Avenue and 931 Gibson
Avenue shall remain with the parcel where the structures are currently located. Credits shall only
be given for legally established floor area.
Section 7: Stream Margin Review
Ordinance#22, Series of 2018
333 Park Ave. & 931 Gibson Ave.
Page 3 of 6
The applicant shall apply for a Stream Margin review for the demolition work on 333 Park
Avenue as an administrative review prior to submission of a building permit for the project.
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
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 10: 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 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 properties: 333 Park Avenue and 931 Gibson Avenue.
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.
Ordinance#22, Series of 2018
333 Park Ave. & 931 Gibson Ave.
Page 4 of 6
Section 11: Public Hearins
A public hearing on the ordinance was held on the 27th 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 PUBLISED as provided by law, by the City
Council of the City of Aspen on the 13 day of A03LIS� 2018.
Steven Ska ron, Mayor
CA TEST.
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Linda Manning, City Cler
FINALLY, adopted, passed and approved this day of , 2018.
�1
Steven Sk on, Mayor
ATESST%- ..,
Manning, City Clerk
APPROVED AS TO FORM:
ejigmles R. True, City Attorney
Ordinance #22, Series of 2018
333 Park Ave. & 931 Gibson Ave.
Page 5 of 6
ATTACHMENT A: Legal Description of Addresses
333 Park Avenue
A tract of land situated in the Southwest 1/4 of the Southeast 1/4 of Section 7 and in the
Northwest 1/4 of the Northeast 1/4 of Section 18, Township 10 South, Range 84 West of the 6th
P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine M.S. 1910 and the Mollie
Gibson Lode, M.S. 4281 Am and is more fully described as follows:
Beginning at the West Corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said
Mollie Gibson Lode bears N 43°40'00" W 146.00 feet and S 38°00'00" W 100.00 feet; thence S
46020'00" W 10.00 feet to a point on the centerline of a road easement as shown on a plat
recorded in Book 4 at Page 398 of the records of Pitkin County; thence following said centerline
16.23 feet along the arc of a curve to the left having a radius of 40.00 feet, the chord of which
curve bears S 55°17'30" E 16.12 feet; thence S 66° 55'00" E 49.99 feet along said centerline;
thence S 32° 09'58" W 13.39 feet; thence S 50° 17'00" W 130.26 feet; thence N 34° 17'00" W
59.99 feet; thence N 52° 40'00" E 34.33 feet; thence N 43°40'00" W 32.60 feet; thence N 46°
20'00" E 86.00 feet; thence S 43° 40'00" E 32.00 feet to the point of beginning.
931 Gibson Avenue
Parcel 1:
A Parcel of Land situated in the Southeast 1/4 of Section 7, Township 10 South, Range 84 West of
the 6th Principal Meridian more fully described as follows:
Beginning at a point whence corner No. 11 of the East Aspen Additional Townsite bears South
54'52'17" East 58.10 feet; Thence South 34°54'00" West 46.63 feet to The True Point of
Beginning; Thence North 63058'00" West 185.12 feet; Thence South 15°30'00" West 86.60 feet;
Thence South 63°54'00" East 155.54 feet; Thence North 34°45'00" East 88.30 feet to The Point
of Beginning.
Parcel 2:
A Tract of Land situated in the Sunset Lode, U.S.M.S. No. 5310, being more fully described as
follows:
Beginning at a point on the Easterly side line of said Sunset Lode whence Corner No. 10 of East
Aspen Additional Townsite bears North 34°45' East 46.63 Feet; Thence North 63° 58' West
185.12 feet to a point on the Westerly side line of said Lode; Thence following said Westerly
side line North 15°30" East 17.03; Thence South 62°54'41" East 150.27 feet; Thence 39.76 feet
along the arc of a curve to the right having a radius of 295.57 feet to a point on said Easterly side;
Thence following said Easterly side line South 34°45' West 10.70 feet to The Point of
Beginning.
Together with any property lying Northerly of the above described property and the Southerly
line of Gibson Avenue.
Ordinance #22, Series of 2018
333 Park Ave. & 931 Gibson Ave.
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