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HomeMy WebLinkAboutordinance.council.026-10 RECEPTION #: 576498, 01/04/2011 at 10:41:44 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #26 (Series of 2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING ORDINANCE #26, SERIES OF 2009, A NEGOTIATION FOR THE LANDMARK DESIGNATION OF THE PROPERTY LOCATED AT 630 E. HYMAN AVENUE, LOTS R AND S, BLOCK 99, CITY AND TOWNSITE OF ASPEN 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 an amendment to Ordinance #26, Series of 2009, which approved a package of incentives for the landmark designation of the property located at 630 E. Hyman Avenue, Lots R and S, Block 99, City and Townsite of Aspen, Colorado under the provisions of Section 26.415.025 of the Municipal Code; and WHEREAS, at their regular meeting on October 13, 2010, the Historic Preservation Commission considered the proposed amendment and made a motion to recommend approval to City Council which resulted in a tie vote of 2 -2; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council r dated December 6, 2010, performed an analysis of the proposed amendment and recommended V. approval; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: 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 entitlement, an amendment to Ordinance #26, Series of 2009, which resulted in the voluntary landmark designation of 630 E. Hyman Avenue, Lots R and S, Block 99, City and Townsite of Aspen, Colorado. All provisions of Ordinance #26, Series of 2009 shall remain in full force and effect, except: 1. Council hereby grants a variance to the allowable FAR for Commercial Uses, from 1.5:1 to 1.57:1 with the condition that the property owner provide evidence that the current 630 E. Hyman Avenue Ordinance #48 Negotiation Page 1 of 2 tenants are offered a contract to purchase their spaces at the rates attached as Exhibit A to the ordinance. This will ensure the community benefit that has been represented in the project is honored. Section 2: 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 3: 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 4: Public Hearing A public hearing on the ordinance shall be held on the 6` day of December, 2010, 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 25 day of October, 2010. Michael C. reland, M. sr ATTEST: athryn Koch, C' Clerk Alv FINALLY, adopted, passed and approved this ' day of 010. Michael C. Ir land, May ATT .ST: r f t e r Art 1 Kathryn Koc}j; ity Clerk APPROVED AS TO FORM: L,1 }n rcester, City Attorney 630 E. Hyman Avenue Ordinance #48 Negotiation Page 2 of 2 Stitkei; 0C 200 CRANDALL BUILDING Price per Sq.Ft. Price SgFt. Finish Barber 226 $ 105,000 $465/s.f. total build out Sandy's 2342 $ 1,278,000 $546/s.f. partial build out AVP 1100 $ 630,000 $575/s.f. total build out