HomeMy WebLinkAboutordinance.council.023-12 RECEPTION#: 597479, 03/06/2013 at
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1 OF 5, R $31.00 Doc Code ORDINANCE
ORDINANCE #23 Janice K.Vos Caudill, Pitkin County, CO
(Series of 2012)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH
THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 610 E.
HYMAN AVENUE,LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN,
COLORADO
PARCEL ID: 2737-182-12-004
WHEREAS, the applicant, 610 E. Hyman LLC, represented by Haas Land Planning, submitted
an application on March 28, 2012, 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 610 E. Hyman Avenue, Lot M, Block 99, City and
Townsite of Aspen; and
WHEREAS, an AspenModern negotiation period ends 90 days after initiation unless extended
by City Council. Council passed Resolution #119, Series of 2012 to extend this negotiation to
February 21, 2013; and
WHEREAS, Municipal Code Section 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 owner and representative met with the Historic Preservation
Commission on May 23, 2012 and October 24, 2012; and
WHEREAS, at their regular meeting on October 24, 2012, the HPC considered the designation
and proposed development, found that 610 E. Hyman Avenue is a "betteribest" example of the
Modern style in Aspen, and found that the policy objectives for the historic preservation program
stated at Section 26.415.010, Purpose and Intent are met. HPC recommended City Council
("Council") approval of Historic Landmark Designation and negotiation with conditions; and
WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council
may negotiate directly with the property owner or may choose to direct the Community
Development Director, or other City staff as necessary, to negotiate with the property owner to
reach a mutually acceptable agreement for the designation of the property"; and
WHEREAS, Section 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
Ordinance#23, Series of 2012
610 E. Hyman, AspenModern Negotation
Page 1 of 5
WHEREAS, in addition to Historic Landmark Designation and benefits available to
Landmarked properties subject to the Aspen Municipal Code, the applicant has identified
preservation incentives that are requested as part of the AspenModern negotiation process; and
WHEREAS, the Community Development Department performed an analysis of the application
for Landmark Designation and found that the review standards are met, with conditions. 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• Historic Landmark Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves Historic Designation for 610 E. Hyman Avenue, Lot M, Block 99,
City and Townsite of Aspen subject to the conditions described herein.
The property owner shall have thirty (30) days from the date of adoption of this Ordinance to
provide the City with written agreement to voluntary historic landmark designation and
acceptance of the terms of this Ordinance. Otherwise, the Ordinance shall be considered null
and void in its entirety.
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.
Section 2• Aspen Modern Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves the following, with the conditions that the applicant is required to
restore the building as represented in Exhibit F of the January 14, 2013 Council packet, and the
applicant is required to pay Park Development Impact Fees and Transportation Demand Impact
Fees for the proposed expansion.
1. A free market residential floor area increase of 1,546 square feet, making the total free
market floor area 3,046 square feet. The combination of the commercial floor area and
the residential free market floor area will exceed what is allowed as a total development
for the site by 692 square feet, and
Ordinance#23, Series of 2012
610 E. Hyman, AspenModern Negotation
Page 2 of 5
2. Waiver of the fraction of a parking space and the cash-in-lieu payment generated by the
proposed expansion; and
3. Waiver of the on-site Utility/Trash/Recycling requirement generated by the proposed
expansion based on a satisfactory written agreement to share Recycling and Trash
Storage area with the property directly to the west (616 E. Hyman). A binding, recorded
agreement, shall be reviewed and approved by the City Attorney's Office, detailing how
the shared arrangement will function, including the size and type of trash and recycling
bins that will be provided, how users of both buildings will have unlimited access to the
facilities, and which waste hauler will provide services. In addition, there shall be a plan
provided for exact placement and size of trash and recycling containers for both the 610
E. Hyman property and the 616 E. Hyman property, to be reviewed and approved by the
Environmental Health Department; and
4. Waiver of mitigation for 20% of the 1.725 FTE (full-time equivalent) employees
generated by the proposed expansion. A cash in lieu fee of $195,000, which is a 20%
reduction of the mitigation calculation at the time of this Ordinance, shall be paid upon
issuance of a building permit, in full satisfaction of all housing mitigation requirements
for the final site specific development plan for the expansion project. Additionally the
amount of the fee shall be adjusted based on the percentage change in the Consumer
Price Index (CPI), all urban consumers, from the date of this approval to the date that the
fee is paid.
The applicant shall also have the option (rather than making the cash in lieu fee payment
of$195,000 as set forth above) of mitigating for 1.38 (1.725 x 80%) FTEs by providing
buy down units or Certificates of Affordable Housing Credit according to the
requirements of the Municipal Code in place at the time of building permit application, in
full satisfaction of all housing mitigation requirements for the final site specific
development plan for the expansion project.
Section 3: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan and a
vested property right 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 five
(5) 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 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§ 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.
Ordinance#23, Series of 2012
610 E. Hyman, AspenModern Negotation
Page 3 of 5
No later than fourteen (14) days following final approval by the Historic Preservation
Commission, 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
five (5) 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: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite 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 4• Material Representations
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 5: 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 6: Severabili ty
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.
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.
Ordinance#23, Series of 2012
610 E. Hyman, AspenModern Negotation
Page 4of5
Section 7: Public Hearing
A public hearing on the ordinance shall be held on the 10th day of December, 2012 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 12ffi day of November, 2012.
Michael C. eland, Ma or
ATTEST:
athryn Koch, ity Clerk
FINALLY, adopted,passed and approved this day
Michael C. Ireland, Ma or
ATT ST:
Kathryn Koch, t Clerk
APPROVED AS TO FORM:
s
James R. True, City Attorney
Ordinance#23, Series of 2012
610 E. Hyman,AspenModern Negotation
Page 5 of 5
Ad Name: 8585392A LEGAL NOTICE f
ORDINANCE#23,2012 PUBLIC HEARING J
Customer
• Ordinance#23,Series of 2012,was adopted on
• Aspen City �I
p y t first reading at the City Council meeting November
12,2012. This ordinance,if adopted,will approve
Your account number: 1013028 AspenModern negotiation for 610 E.Hyman. The
public hearing on this ordinance is scheduled for
November 26,2012 at 5 PM,City hall,130 South
Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
http://www.aspenpitkin.com/Departments/C/erk/
Legal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
ber15,2012. [8585392]
STATE OF COLORADO,
COUNTY OF PITKIN
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.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
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 11/15/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/15/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
Phis 12/06/2012.
Mary E.Borkenhagen,Notary Public
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