HomeMy WebLinkAboutordinance.council.017-12 ORDINANCE # 17
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING HISTORIC LANDMARK DESIGNATION, SUBDIVISION, GROWTH
MANAGEMENT REVIEW, AND BENEFITS THROUGH THE ASPENMODERN
PROGRAM, AND A SITE SPECIFIC DEVELOPMENT PLAN FOR THE PROPERTY
LOCATED AT 720 EAST HYMAN AVENUE, LEGALLY DESCRIBED AS THE ASPEN
ATHLETIC CLUB BUILDING CONDOMINIUMS, LOTS Q, R AND S, BLOCK 104,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID NUMBERS:
2737-182-11-008 through 2737-182-11-031,
and 2737-182-11-801.
WHEREAS, the applicant, CM, LLC, represented by Charles Cunniffe Architects, submitted an
application, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen
Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for
the property located at 720 East Hyman Avenue, legally described as The Aspen Athletic Club
Building Condominiums, Lots Q, R and S Block 104; and
WHEREAS, 720 East Hyman Avenue is included on the Aspen Modern Map; and
WHEREAS,the applicant submitted a letter dated March 7, 2012 requesting voluntary landmark
designation in exchange for specific benefits through the AspenModern negotiation; and
WHEREAS, pursuant to §26.415.025.C(1), the ninety day AspenModern negotiation
commenced on March 7, 2012; and
WHEREAS, §26.415.025.C(1)(b) states that, during the negotiation period, "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 property. The property
owner shall be provided notice of this meeting;" and
WHEREAS, the property owners' representative met with the Historic Preservation
Commission (the HPC) on May 23, 2012; and
WHEREAS, at their regular meeting on May 23, 2012, the HPC considered the application;
found that 720 East Hyman Avenue was a "best" example of Organic/Wrightian style and, found
that the policy objectives for the historic preservation program stated at §26.415.010, Purpose
and Intent are met, and recommended City Council ("Council") approve Historic Landmark
Designation, requested benefits and fee waivers as stated in HPC Resolution numbered 12, Series
of 2012; and
RECEPTION#: 590898, 07/26/2012 at 720 E. Hyman Avenue - AspenModern negotiation
11:26:40 AM, Ordinance#17, Series of 2012
1 OF 22, R $116.00 Doc Code ORDER Page 1 of 11
Janice K.Vas Caudill, Pitkin County, CO
WHEREAS, §26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement,
the City Council may, at its sole discretion, approve any land use entitlement or fee waiver
permitted by the Municipal Code and may award any approval that is assigned to another Board
or Commission, including variations;"and
WHEREAS, the property owner requests voluntary Landmark Designation - §26.415.030(C),
AspenModern; Subdivision review - §26.480.040(C) Subdivisions; Growth Management review -
§26.470.060(3), §26.470.070(4), and §26.470.080(2); Change in Use of historic landmark sites
and structures; Development of Affordable Housing and New free-market residential units within
a multi family or mixed use project; all to be consolidated with the AspenModern ninety-day
negotiation process and reviewed by City Council; and
WHEREAS, in addition to Historic Landmark Designation, Subdivision, and Growth
Management, the applicant had identified preservation incentives that are requested as part of the
AspenModern negotiation process in a letter dated March 7, 2012. Those incentives requested
include: the ability to construct a 2,750 square feet floor area free market residential unit; ability
to increase the free market allowable floor area to 0.78:1 or 7,014 square feet of floor area; a
waiver of the onsite parking requirement and a waiver of the parking cash in lieu payment; and
WHEREAS, the applicant agrees that the conditions of approval for the mitigation of the impact
of the development regarding affordable housing are accepted by the applicant and constitute a
voluntary agreement to limit rent/sales prices on the Property and to otherwise provide affordable
housing stock in accordance with the provisions of CRS 38-12-301(2)(a) and (2)(b); and
WHEREAS, the Community Development Department performed an analysis of the application
including Landmark Designation, Subdivision Review, and Growth Management Review and
found that the review standards are met. The staff report analyzed the proposed preservation
incentives and monetary value of the benefits where possible; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO,AS FOLLOWS:
Section 1: Approvals and Phasing:
a. Approvals. Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, the City Council hereby approves Historic Designation, Subdivision,
Growth Management Review and a site specific development plan subject to the
conditions described herein.
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Ordinance #17, Series of 2012
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b. Project Phasing. The applicant shall be permitted to construct the approved project in
two construction phases as described herein:
Phase 1: one free market residential unit.
Phase 2: the second free market residential unit.
All impact fees stated in this Ordinance shall be due and payable at the time of issuance of a
building permit for Phase 1, with the exception of the impact fees specifically related to the
second free market residential unit. A building permit for Phase 2 must be submitted and
determined to be complete within 1 year of receipt of a certificate of occupancy for Phase 1 of the
construction. Building Code, Engineering and other departmental requirements stated in this
Ordinance shall be met as part of Phase 1 unless directly related to the construction of Phase 2.
Section 2: Historic Landmark Designation
Historic landmark designation is granted for the property located at 720 East Hyman Avenue (the
Aspen Athletic Club Building Condominiums, Lots Q, R, and S, Block 104).
Upon the effective date of this ordinance, the City Clerk shall record with the real estate records
of the Clerk and Recorder of the County, a certified copy of this ordinance. 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 Community Development Department.
The existing atrium is prohibited from being significantly changed, for example by adding a floor
or filling in the space in a way that changes the openness and historic characteristic of the feature
as represented in the application without approval by the Historic Preservation Commission.
Insubstantial changes to the atrium shall be reviewed administratively by the Community
Development Director.
Section 3: Subdivision
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal
Code, the Aspen City Council hereby approves Subdivision of the property located at 720 East
Hyman Avenue (the Aspen Athletic Club Building Condominiums, Lots Q, R and S, Block 104)
for a mixed use building that contains two free market residential units, a commercial component
and a rooftop deck.
A final Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use
Code § 26.480, Subdivision, shall be recorded in the Pitkin County Clerk and Recorder's Office
within 1 year of the receipt of a Development Order. Subdivision Agreement shall include at a
minimum the following information:
1. An illustrative site plan of the project depicting the proposed improvement and the
approved dimensional requirements.
2. Plan of any required grading and drainage improvements.
3. Approved planting for the right of way.
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Ordinance #17, Series of 2012
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4. Encroachment license for the planter boxes.
5. Agreement to record a deed restriction with the Pitkin County Clerk and Recorder's
Office that commits the following: 1) the commercial uses shall not be limited to prohibit
uses allowed in the underlying zone district of the subject property as amended from time
to time, and 2) if the property is condominiumized the residential and commercial
components shall remain in separate ownership.
The Aspen Athletic Club Condominium plats, Pitkin County Clerk and Recorder reception
#201836 and #190688, shall be vacated upon receipt of Certificate of Occupancy for the project.
Section 4: Financial Assurances
Before the Applicant is issued a Building Permit the Applicant shall provide to the Community
Development Department the following:
a. Cost Estimates. Applicant's General Contractor shall cause to be prepared, and
certified as correct, cost estimates for all improvements or development for which a
Building Permit is required. There are no public improvements associated with the
project at this time. Any public improvements associated with the project that are
discovered after the approval of this ordinance are subject to the requirements listed
below. The cost estimates for the implementation and maintenance of the planting in
the right of way described herein at Section 13 shall be reviewed and approved by the
Parks Department. The cost estimates for all other improvements and development in
the Subdivision shall be reviewed and approved by the Building Department. Cost
estimates for the landscape plan (i.e. the planting in the right of way) shall be shown
separately from the cost estimates for all other improvements and development of the
Project. Owner shall be responsible for the implementation and maintenance of the
landscape plan required by this Ordinance.
b. Landscaping Guarantees. Pursuant to and in conformance with the
requirements of § 26.480.070(C) & (D) and § 26.445.070 (C)(3) & (4) of the Aspen
Municipal Code; and, in order to secure the performance of the obligations of the
Applicant to implement and maintain the Landscape Plan, Applicant shall provide a
guarantee of no less than one hundred and twenty five percent (125%) of the
estimated cost of such Landscape Plan and Public Improvements, as determined and
approved in subsection (a), above. The guarantee to implement and maintain the
Landscape Plan and to complete Public Improvements shall be made by depositing
with the City an irrevocable letter of credit with provisions as hereinafter set forth, or
by providing such other security that may be acceptable to the City attorney. If an
irrevocable letter of credit is used, the irrevocable letter of credit shall be retained by
the City until satisfaction of Applicant's obligations under this Section or earlier
released by the City. The letter of credit shall be issued by a financial institution doing
business in Aspen, Colorado, or such other bank as shall be approved by the City;
shall have an expiration date no earlier than two years after its date of issue; and shall
provide that it may be drawn upon from time to time by the City in such amount or
amounts as the City may designate as justified, such amounts not to exceed, in the
aggregate, the amount of the letter of credit. Draws under any such letter of credit
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shall be by a certificate signed by the City Manager of the City of Aspen, or his
designee, stating that the City is entitled to draw the specified amount under the terms
of this Section.
c. Other Improvements and Development. With respect to all other
improvements or development within the Project, the Applicant shall provide
evidence satisfactory to the Community Development Department and the City
Attorney's Office that the Applicant has in place sufficient financing to accomplish
and complete all the development for which a Building Permit is sought. Such
financing may include, without limitation, a construction loan from an institutional
lender or lenders and equity capital investments from the Applicant or third party
investors. The City Attorney shall have sole discretion in determining if the proposed
financing as advanced by the Applicant is sufficient to complete the development
activity for which a Building Permit is sought.
Section 5: Site Protection Fund
Before any Building Permit (including demolition, access/infrastructure, and/or site preparation
permits) is issued for each phase of the Project approved by this Ordinance, the Applicant shall
deposit with a local title company ("Escrow Agent") the sum of$25,000 in the form of cash or
wired funds (the "Escrow Funds") and will execute an Escrow Agreement and Instructions with
the Escrow Agent which recites and agrees as follows:
"In the event construction work on the Project shall cease for sixty (60) days or longer
(`work stoppage') prior to a final inspection by the City of the work authorized by the
Building Permit on the Project, then the City in its discretion may draw upon the Escrow
Funds from time to time as needed for purposes of protecting and securing the Project site
and improvements from damage by the elements and/or from trespass by unauthorized
persons, and for purposes of improving the Project site to a safe condition such that it
does not become an attractive nuisance or otherwise pose a threat to neighbors or other
persons."
The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon
completion by the City of a final inspection of the work authorized by the Foundation/Structural
Frame Permit on the Project.
Section 6: Cash Escrow for Site Enhancement Fund.
Before the issuance of a building permit for each phase, and as a condition of such issuance, the
owner shall deposit with a local title company the sum of twenty five thousand dollars and
no/100ths ($25,000.00), the "Site Enhancement Escrow Funds," in the form of cash or wired
funds pursuant to an Escrow Agreement made and entered into between the Owner and the City
which shall provide as follows:
i. In the event construction work on the development of 720 E. Hyman Ave. shall cease
for ninety (90) days or longer prior to a final inspection by the City of the work
authorized by a building permit on the subject property, then the City in its discretion
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may draw upon the Site Enhancement Escrow Funds from time to time as needed for
the purposes of improving the appearance of any construction work already completed,
and for the installing of any public improvements on or adjacent to the subject property.
ii. The City shall have sole discretion with respect to the manner of improving the
appearance of construction work in progress as well as a determining the public
improvements to be installed.
iii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be
returned to Owner upon completion by the City of a final inspection and issuance of a
Certificate of Occupancy for the project, or when otherwise agreed to by Owner and the
City.
iv. The City shall be named as a third party beneficiary of the Escrow Agreement with the
express right and authority to enforce the same from time to time in accordance with the
tenor in terms thereof
Section 7: Approved Dimensional Requirements
The building as presented in the plans dated July 9, 2012 and attached as Exhibit A to this
Ordinance comply with the effective dimensional allowances and limitations of the Mixed Use
(MU) zone district except as modified below. Compliance with these requirements shall be
verified by the City of Aspen Zoning Officer at the time of building permit submittal. The
following dimensions are approved:
Maximum Height: 4 new skylights and a rooftop deck,
shown in Exhibit A, are permitted to
be 1 ft. in height as measured from
where the feature is attached to the
roof
Maximum Residential Floor Area: 0.78:1 floor area ratio, 7,019 square
feet total free market residential
Maximum Residential Net Livable Area: 5,2501 square feet total:
2,750 square feet for Unit 1 and
2,500 square feet for Unit 2
Maximum Commercial Net Leasable Area: 16,560 square feet
Maximum Commercial Floor Area: 10,017 square feet
Minor adjustments to the dimensions represented above may occur upon review of a building
permit as long as the resulting dimensions do not exceed those approved through this ordinance.
The total maximum residential net livable area requires the landing of 2 transferrable development rights in
accordance with §26.535 Transferrable Development Rights.
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Section 8: Impact and Development Fees:
Parks Development and Air Quality/TDM Impact Fees
Pursuant to Land Use Code § 26.610.030, Exemptions, development involving a property listed on
the Aspen Inventory of Historic Landmark Sites and Structures is exempt from the Parks
Development and Air Quality/TDM Impact Fees.
School Lands Dedication
Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land
dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be
calculated by the Community Development Department using the calculation method and fee
schedule in effect at the time the applicant submits a Building Permit.
Parking
Pursuant to Land Use Code § 26.515, Parking, new residential units are required to mitigate
parking impacts either through onsite spaces or cash in lieu. The parking cash in lieu for 2 parking
spaces equals $60,000 and is due at the time of building permit issuance.
2 new residential units=2 parking spaces required
2 x $30,000/space= $60,000
Section 9: Affordable Housing
The project requires affordable housing mitigation for the 2,750 square feet free market residential
unit. The 2,500 square feet free market residential unit is exempt from mitigation pursuant to
§26.470.060 Growth Management Change in Use for historic landmark sites and structures
which allows historic landmarks to create one new free market residential unit without affordable
housing mitigation. The affordable housing requirement is specified below:
2,750 sq. ft. of net livable area * 30% =825 sq. ft. of net livable area required for
affordable housing
825 sq. ft./400 sq. ft per FTE=2.06 Full Time Equivalents (FTEs) required
The project is required to mitigate for 2.06 FTEs through either:
1) Offsite Housing. A one-bedroom off-site unit, which is equal to 1.75 FTEs, that is
located within city limits east of the Highway 82 roundabout. The remaining 0.31 FTEs
shall be paid as cash in lieu for Category 2 according to the fee schedule in place at the time
of building permit submission. The offsite unit shall meet the requirements of the Aspen
Pitkin County Housing Authority Guidelines and shall be deed restricted in accordance with
Aspen Pitkin County Housing Authority requirements at Category 2 or lower. A Certificate
of Occupancy shall be granted and a deed restriction shall be recorded for the offsite
housing unit prior to the issuance of a Certificate of Occupancy or a Conditional Certificate
of Occupancy for Phase 1.
-or-
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Ordinance #17, Series of 2012
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2) Affordable Housing Credits. 2.0 FTEs of affordable housing credits at Category 2 level.
The remaining 0.06 FTEs shall be paid as cash in lieu for Category 2 according to the fee
schedule in place at the time of building permit submission. The affordable housing credits
shall be extinguished prior to a Certificate of Occupancy or Conditional Certificate of
Occupancy for Phase 1.
Section 10: Growth Management Quota System Allotments
1 free market residential unit is herby granted an annual development allotment. Pursuant to
§26.470.060(3) Change in Use of historic landmark sites and structures, the second free market
residential unit is not deducted from the annual development allotments but is deducted from the
respective development ceiling levels.
Section 11: Building Permit
The applicant may not submit a Building Permit Application until the requirements in Land Use
Code § 26.304.075.A, Building Permit Application, are fulfilled. The building permit
application shall include the following:
1. A copy of the Development Order issued by the Community Development Department
(see § 26.304.075(A)(2), City of Aspen Municipal Code.)
2. A copy of the final City Council Ordinance and HPC Resolution.
3. The conditions of approval shall be printed on the cover page of the Building Permit set.
4. A construction management plan (CMP) and drainage report pursuant to Engineering and
Building Department requirements.
5. Accessibility and ANSI requirements shall meet adopted Building Code requirements.
Section 12: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,
Title 21, Title 28, and all construction and excavation standards published by the Engineering
Department. A construction management plan must be submitted in conjunction with the
building permit application. A completed drainage report/plan as outlined in the Urban Runoff
Management Plan shall be submitted and approved prior to recordation of Final Plat. Failure to
meet the standards in Title 21 and Title 28 may result in a physical change to the project and
possible review by City Council and/or HPC to amend the design. An encroachment license is
required for the planter boxes located in the Right-of-way.
Section 13: Parks
1. The Parks Department shall review and approve the planting for the planter boxes.
2. Landscaping in the public Right-of-way shall be subject to landscaping in the Right-of-
way requirements, Aspen Municipal Code Chapter 21.20. All plantings within the City
Right-of-way must be approved by the City Parks Department prior to installation.
3. Right-of-way requirements necessitate adequate irrigation pressure and coverage, if a
system is not in place one will need to be added that is specifically designed for the trees
in the planter boxes.
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Ordinance #17, Series of 2012
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Section 14: Fire Mitigation
Before the Applicant is issued a Building Permit, the Applicant shall obtain the approval of the
Fire Marshal of a Fire Protection Plan which shall include the following elements:
1. Compliance with all codes and requirements of the Aspen Fire Protection District
2. Sprinkler, fire alarms and carbon monoxide alarms are required. (IFC as amended Section
903 and 907).
3. Documentation that the development has sufficient volume and pressure of water for the
sprinklers or other fire suppression system adequate to satisfy the District's standards for
the type of structures proposed by the approved development. This requirement shall be
satisfied by an analysis acceptable to the Water Department which demonstrates system
delivery capacity of existing water distribution system at the Water Departments' main
water to the approved development of no less than 3,000 gallons per minute.
4. An overall access plan for the site.
Section 15: Sanitation District
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office.
Section 16: VVater Department
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the
Aspen Municipal Code in place at the time of building permit submittal, as required by the City of
Aspen Water Department
Section 17: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code § 26.575.150, Outdoor Lighting.
Section 18: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan and a
vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with
the Subject Property and shall confer upon the Applicant the right to undertake and complete the
site specific development plan and use of said property under the terms and conditions of the site
specific development plan including any approved amendments thereto. The vesting period of these
vested property rights shall be for seven (7) years which shall not begin to run until the date of the
publications required to be made as set forth below. 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 1 year 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 § 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.
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Ordinance #17, Series of 2012
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No later than fourteen (14) days following final approval of 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 Chapter 26.308, Vested
Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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
seven (7) 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: 720 East Hyman Avenue, the Aspen Athletic Club Building
Condominiums, Lots Q, R and S, Block 104, City and Townsite of Aspen,
Colorado, by Ordinance of the City Council of the City of Aspen.
Nothing in this approval shall exempt the Development Order from subsequent reviews and
approvals required by this Ordinance of the general rules, regulations and ordinances or the City
of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial review.
The period of time permitted by law to exercise the right of referendum to refer to the electorate
this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of
vested rights shall not begin to run until the date of publication of the notice of final development
approval as set forth above. The rights of referendum described herein shall be no greater than
those set forth in the Colorado Constitution and the Aspen Home Rule Charter.
Section 19:
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 Historic Preservation Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 20:
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 21:
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
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Ordinance #17, Series of 2012
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The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 22:
A public hearing on this ordinance shall be held on the 11`h day of June, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be 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 29`h day of May, 2012.
71/446A/77-15--I -Z
Michael C. Ireland, Mayor
ATT R T:
Kathryn Koch'i y Clerk
FINALLY,adopted, passed and approved this 23`d day of July, 2012.
.14j7.44,74;/7
Michael C. Ireland, Mayor
Kathryn Koch,/ Clerk
APPROVED AS TO FORM:
James R. True, City Attorney
Exhibit A: Floor plans and elevations illustrating Section 7 of the Ordinance.
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Ordinance #17, Series of 2012
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Ad Name: 7957816A LEGAL NOTICE
ORDINANCE 2012 PUBLIC HEARING
Ordinance N17,Series of was adopted
Customer: Aspen (LEGALS) City of first reading at the City Council uncil meeting May 29,9,
2012. This ordinance,if adopted,will approve As-
Your account number: 1013028 pen Modern negotiation for landmark designation
and benefits for 720 E.Hyman Avenue,the Aspen
Athletic club. The public hearing on this ordi-
nance is scheduled for June 11,2012 at 5 PM,City
PROOF OF PUBLICATION hall,130 South Galena.
To see the entire text,go to the city's legal
notice website
http'llwww asoenpitkin Com/Deoartments
/Clerk/Legal-Notices/
If you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2686.
IM:: Published in the Aspen Times Weekly on May 31,
2012. [7957816]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 5/31/2012 and that the last publication of
said notice was in the issue of said newspaper dated
5/31/2012.
In witness whereof,I have here unto set my hand
this 09/12/2012.
t
Jim Morgan,C7eneral Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 09/12/2012.
Mary E.Borkenhagen,Notary Public
My Commission expires:September 12,2015
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