HomeMy WebLinkAboutordinance.council.024-13 ORDINANCE #24
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE
DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT
604 W. MAIN STREET, LOTS Q, R, AND S, BLOCK 24, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID #:2735-124-44-008
WHEREAS, the property owner, 604 West LLC, represented by Alan Richman Planning
Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for
the property located at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of
Aspen, Colorado; and
WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall
meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions,
Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and
WHEREAS, for City Council approval of Transferable Development Rights, the application
shall meet the requirements of Municipal Code Section 26.535.070; and
WHEREAS, at their regular meeting on May 22, 2013, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards, and
unanimously recommended City Council approval by a vote of 6 to 0; and
WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council,
performed an analysis of the application, found that the review standards for Historic Landmark
Lot Split and Transferable Development Rights are met, and recommended 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• Historic Landmark Lot Split and Transferable Development Rights
Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a
Historic Landmark Lot Split Subdivision Exemption and 12 Transferable Development Rights
RECEPTION#: 605854, 11/27/2013 at 604 W. Main
10:42:45 AM,
1 OF 4, R $26.00 Doc Code ORDINANCE Ordinance #24, Series of 2013
Janice K.Vos Caudill, Pitkin County, CO Page 1 of 4
for 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, Colorado
with the following conditions:
I. A subdivision exemption plat and subdivision exemption agreement shall be reviewed
and approved by the Community Development Department and recorded in the office of
the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final
approval by City Council. Failure to record the plat and subdivision exemption
agreement within the specified time limit shall render the plat invalid and reconsideration
of the plat by City Council will be required for a showing of good cause. As a minimum,
the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of applicable approvals
pursuant to the provisions of the Land Use Code in effect at the time of
application;
c. Contain a plat note stating that all new development on the lots will conform to
the dimensional requirements of the MU zone district, except the variances
approved by the HPC; and
d. Be labeled to indicate that:
Lot 1, a 6,000 square foot lot, is allowed a maximum floor area of 2,592 square
feet. 1,250 square feet of floor area has been approved as 5 Transferable
Development Rights, which may from time to time, and as warranted by the TDR
market, be converted into certificates and sold.
Lot 2, a 3,000 square foot lot, is allowed a maximum floor area of 1,920 square feet.
1,750 square feet of floor area has been approved as 7 Transferable Development
Rights, which may from time to time, and as warranted by the TDR market, be
converted into certificates and sold.
2. The cabin, sheds and carport that HPC has approved for demolition may remain in place
up until the time that the floor area covering them is converted into executed TDR
certificates.
3. The smallest of the sheds that HPC has approved for demolition, appears to straddle the
lot line with 612 W. Main, and must be removed from the site or relocated in
conformance with setback requirements, before the plat is filed.
4. The development order for a previously approved mixed-use project on this site, is
hereby made null and void. The development order was granted through Planning and
Zoning Resolution No. 15, Series of 2008, passed on April 1, 2008 and Historic Preservation
Commission Resolution No. 43, Series of 2007 and No. 19, Series of 2008, passed on December
12, 2007 and August 13, 2008 respectively.
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.
604 W. Main
Ordinance #24, Series of 2013
Page 2 of 4
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: Vested Rights
The Land Use entitlements granted herein shall be 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, 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 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 property: 604 West Main Street, Lots Q, R, and S, Block 24, 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 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,
Section 7: Public Hearin
A public hearing on the ordinance shall be held on the 8`" day of July, 2013, 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.
604 W. Main
Ordinance #24, Series of 2013
Page 3 of 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10 day of June, 2013.
�2-4 "I L--
ATT ST: Steven S adron, Mayor
A Kathryn Koc ity erk
FINALLY,adopted, passed and approved this-2 day o Lc�j 2013.
ATTF,1ST: Steven Ska ron, Mayor
n Koch, ity Clerk
APPROVED AS TO FORM:
ames R. True, City Attorney
604 W. Main
Ordinance #24, Series of 2013
Page 4 of 4
Ad Name: 9263701 A LEGAL NOTICE
ORDINANCE#24,2013 PUBLIC HEARING
Customer: Aspen (LEGALS) City of Ordinance#24,Series of 2013,was adopted on
Your account number: 1013028 2013•Thisordinance�y f adopted will app approve a
historic lot split for 604 W.Main Street and 7
transferable density rights for the rest of the prop-
erty. The public hearing on this ordinance is
PROOF OF PUBLICATION ;so South Galenane 24,201 31 at 6 PM,City hall,
To see the entire text,go to the city's legal notice
website
http://www.aspenpitkin.conVDepartments/Clerk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
T21 AV:1 TIM:1 Published in the Aspen Times Weekly on June 13,
2013. [9263701]
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.
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 6/13/2013 and that the last publication of
said notice was in the issue of said newspaper dated
6/13/2013.
In witness whereof,I have here unto set my hand
this 06/25/2013.`
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 06/25/2013.
�71aA,l �7_.Mary E.E.Borkenhagen,Notary Public
nlV�y,Commission expires:September 12,2015
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