HomeMy WebLinkAboutLand Use Case.507 W Gillespie Ave.0013.2013.AHPC THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0013.2013.AHPC
PARCEL ID NUMBERS 273512111007
PROJECTS ADDRESS 507 W GILLESPIE
PLANNER JUSTIN BARKER
CASE DESCRIPTION ESTABLISHMENT OF TDR'S
REPRESENTATIVE JOHN ROWLAND 370-9910
DATE OF FINAL ACTION 08/13/2013
CLOSED BY ANGELA SCOREY ON: 11/11/13
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.. Aspen Historic onc Land'Use..... Permit# 0013.2013.AHPC
Permit type ahpc jk4
I—=...........................z ......... .............
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Address 507 W GILLE SPI E Apt/Suite
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Coy ASPEN
State CO Zip 81611
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Permit Information
Master peirnit
Routing queue aslu07 Applied 04/04/2013
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Protect Status]lpencling
Approved.
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f ,-=.................. ------------..........
Description ESTABLISHMENT OF TDR'S Issued
Closed/Final
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Submitted'JOHN ROWLAND 370 9910 Clock,Running Days 0: Ea Tres 03/30/2014
Submitted via;
Owner
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Last name j ROWLAND,BROUGHTO Fist name 234 HOPKINS
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ASPEN CO 81611
Phone 1970)3799910 i
Address
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Applicant
Owner is applicant? Q Contractor is applicant?
.......... ....................
Last name ROWLAND+BROUGHTO First name 234 HOPKINS
............. :ASPEN CO 61611
Phone (970)379-9910 Cust#.29474 Address
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Lae name First name
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Phone Address
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Receipt# 00033468 i Group `)ackiek
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ti On account 0.00;
Batch#_ ? Date 04f04J2013
Amount due j 0.00
o° Customer#`29474 TenderjCheck# jcheck 13287
Name ROWLAND+BROUGHTON ARCHITECTS Receipt Amounts
Customer 234 HOPICINS Receipt total j 1,300,00
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° address ASPEN C081611 ; =-- ------ f
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Description SARAH BROUGHTON&JOHN ROWLAND
i Notes�POB 4166
ASPEN,CO CO 81611
Permit Fee Balance Due Applied
_..._
0013.2013.AHPC plhf Planning Hourly Fees 0.00 1,300,00
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AspenGold5(server) jackiek 1 of 1
ORDINANCE NO. 2.5
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE
HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT,RECORDED MARCH
29, 2011 IN PLAT BOOK 96 AT PAGE 60.
PARCEL ID #:2735-121-11-007
WHEREAS, the Community Development Department received an application from John
Rowland and Sarah- Broughton, requesting the establishment of two (2) Historic Transferable
Development Right Certificates for the property located at 507 West Gillespie Street, Lot B,
Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60; and
WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a
vacant lot; 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, Justin Barker, Planner, in his staff report to City Council, performed an analysis of
the application, found that the review standards for Transferable Development Rights are met,
and recommended approval; and
WHEREAS, during a public hearing on August 12, 2013, the Aspen City Council approved
Ordinance No. 25, Series 2013, by a five to zero (5-0) vote; 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: Transferable Development Rip-hts
Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the
grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the
following conditions:
507 W. Gillespie
Ordinance#25, Series of 2013
Page 1 of 3
I. Upon satisfaction of all requirements, the city and the applicant shall establish a date
on which the respective Historic TDR Certificates shall be validated and issued by the
City and a deed restriction on the property shall be accepted by the City and filed with
the Pitkin County Clerk and Recorder.
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and
the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie
Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
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 Liti ation
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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC
Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
507 W. Gillespie
Ordinance#25, Series of 2013
Page 2 of 3
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 5: Public Hearin
A public hearing on the ordinance shall be held on the 8"' day of July, 2013, continued to the 12`h
day of August, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as /pro ided by law, by the City
Council of the City of Aspen on the 24`h day of June, 2013.
St ven S adron, ayor
ATT,YST: �
Kathryn Koch, �' Clerk
FINALLY, adopted, passed and approved this day o :
Steven Ska ron, Mayor
ATTEST:
_A�W'k6"f �.
Kathryn Koch, i Clerk
APPROVED AS TO FORM:
Jim True, City Attorney
507 W. Gillespie
Ordinance#25, Series of 2013
Page 3 of 3
Regular Meeting Aspen City Council August 12, 2013
Councilman Frisch moved to adopt Ordinance 433, Series of 2013, on first reading; seconded by
Councilman Daily. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #25, SERIES OF 2013— 507 Gillespie—Establishment of TDRs
Justin Barker, community development department, reminded Council this request is to establish
two transferrable development rights which would reduce the allowable floor area by 500 square
feet. Barker said the purpose of TDRs is to encourage historic preservation by relieving
development pressure. This lot was created from a lot split and is a 4,572 square foot vacant lot
with a floor area of 2,840 square feet. Severing two TDRs would leave a floor area of 2,340
square feet. Barker pointed out staff finds this to meet the review criteria.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilwoman Mullins moved to adopt Ordinance#25, Series of 2013, on second reading;
seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Mullins, yes;
Frisch, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #27, SERIES OF 2013—420 E. Hyman Subdivision Review
Councilwoman Mullins recused herself having reviewed this on HPC.
Sara Adams, community development department, said this building has retail uses and the
proposal is to demolish that building and replace it with a three-story mixed used building with
commercial uses in the basement, first and second floors, 3 affordable housing units on the
second and third floors, and one free market unit on the second and third floor. This project is
being reviewed under the previous land use code which allowed for free market residential and
building heights of 38' to 42'; this is proposed at 38'.
Ms. Adams reminded Council HPC granted conceptual review, which was called up by Council
regarding mass and scale and sent back to HPC. The approval was upheld by HPC. P&Z
granted growth management approval and recommended in favor of subdivision. HPC will have
final commercial design review after the project is approved by Council. Ms. Adams pointed out
subdivision criteria(a) addresses compatibility with neighborhood context, which HPC looks at
and the details happen after subdivision review during final HPC review. Ms. Adams told
Council the applicant is prepared to show design direction for final design as there have been
concerns voiced about design and staff included a condition in the ordinance stating Council has
the ability to call up HPC's final design decision. Staff is recommending approval of this
ordinance as meeting the criteria in the land use code.
Charles Cunniffe, representing the applicant, said the streetscape shows this building is not
bigger than the surrounding buildings and the applicants believe it is compatible. Cunniffe said
the design is not meant to be imitative of the past; this building was built in the 1960's and is not
6
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
5-6-7 W. qY aL_,� SIB ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
00 o2w, , 2015
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (3 00) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise,the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The fore oing "Affidavit of Notice" was acknowledged before me this-15-day
of , 20H, by
PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL
RE:507 W.GILLESPIE STREET-ESTABLISH-
MENT OF TWO(2)TRANSFERABLE DEVEL-
OPMENT RIGHT CERTIFICATES
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,August 12,2013,at a My commission expires:
meeting to begin at 5:00 p.m.before the Aspen
City Council,Council Chambers,City Hall,130 S.
Galena St.,Aspen,to consider an application sub-
mitted by John Rowland and Sarah Broughton,234
E.Hopkins Ave.Aspen,CO 81611,for the proper-
. ty located at 507 W.Gillespie Street.The applicant
requests approval to establish two(2)historic Notary Public
Transferable Development Right(TDR)certificates
for 507 W.Gillespie Street,reducing the allowable
floor area for the property by 250 square feet per
TDR. The property is legally described as:Lot B,
Gillespie Historic Partners,LLC Lot Line Adjust-
ment Plat,recorded March 29,2011 in Plat Book
96 at Page 60;Parcel ID 273512111007. For fur-
ther information,contact Justin Barker at the City of
Aspen Community Development Department,130
S.Galena St.,Aspen,CO, (970)429.2797,
justin.barker*cityofaspen.com.
st Seeven Skadron,Meyer ATTACHMENTS AS APPLICABLE:
Aspen Cky Council BLICATION
Publish in The Aspen Times on July 25,2013
9392045 F THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF NIINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE
ADDRESS OF PRO� TY:
1,30 . CnA M 4 ,Aspen, CO
SCHEDUL D PUBLIC HEARING DATE:
lZ , 20 2
1J U
STATE OF COLORADO )
ss.
County of Pitkin )
I, J0 ko &40) (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
__�/Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice as posted at least fifteen (15) days prior to the public hearing
on the _LL day of l/1 , 20 13 , to and including the date and time
of the public hearing. A-. hotograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Iv Planned Areas, are subject to this notice requirement.
Rezoning r text amendment. Whenever the official cial zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
- " i dlx�)
Sign re
The fore oing "Affidavit of Notice" was acknowledged before me this J/ day
of , 20 3 , by A46MI sJ4
WITNESS MY HAND AND OFFICIAL SEAL
ALYSON CECILIA GISH My omm' sion expires: 13
NOTARY PUBLIC
NOTARY ID#12013 028 a1
MY COMMI®810N CAMRE8 PRI 17 017
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
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PO BOX 10129 _ 1427 CLARKVIEW ROAD#500 619 N FOURTH ST
ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN,CO 81611
ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC CHRIST EPISCOPAL CHURCH
8401 VISTA LN 1000 N THIRD ST 536 W NORTH ST
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ELLIOTT ELYSE A TRUST FALENDER STEVEN&DEBRA FELDER RICHARD&DEBORAH LIV
610 NORTH ST 603 W GILLESPIE ST TRUST
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7701 FORSYTH BLVD 433 W GILLESPIE 733 25TH ST
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500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST
ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN,CO 81611-1212
UHLFELDER NAOMI VANDERAA GILBERT T III WEST NORTH ASPEN LLC
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Rellular Meeting Aspen City Council July 8, 2013.
Councilman Romero moved to adopt Ordinance#24,Series of 2013,on second reading; seconded by
Councilman Daily. Roll call vote; Frisch,yes; Daily,yes; Mullins,yes; Romero,yes; Mayor Skadron,yes.
Motion carried.
ORDINANCE, #25, SERIES OF 2013 —507 Gillespie Establishment of 2 TDRs
Chris Bendon, community development department, proposed continuing this to August 12 because of a
publishing mishap.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public
hearing.
Councilwoman Mullins moved to continue Ordinance#25,Series of 2013,to August 12;seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #23, SERIES OF 2013 — S. Aspen Street Subdivision/PUD Amendment to
existing approvals.
Jennifer Phelan,community development department,told Council this property is 3 parcels located at
the base of Aspen mountain and is 104,000 square feet or 2.39 acres. The property received an
approval in 2003 to build 14 free market and 17 affordable housing units and is valid until 2015. Ms.
Phelan said since the original approval,there was an application in 2007 for this site for the Lodge at
Aspen Mountain,which did not pass. This proposal for amended townhouse development was
submitted in 2011 and was for 14 free market and 10 affordable housing units on site with affordable
housing at the AABC. Council stated their preference was a lodge on this site and the applicant agreed
to pursue a lodge development, after which the applicant withdrew the proposal stating a lodge was not
feasible.
Ms. Phelan said this proposal is for 14 free market townhouses, 10 affordable housing unit on site
housing 18.5 employees and the balance of 27.5 employees would be housed east of the S-curves or by
affordable housing credits. Ms. Phelan told Council this project is being reviewed under the code in
effect at the time of the submittal,the 2000 land use code. Ms. Phelan presented a slide of the
footprint of the two different proposals,the current proposal containing a mix of free market and
affordable housing on parcel 1 and free market only on parcels 2 U. The proposal has the same
number of free market units; they are larger. In the original proposal,46 employees were housed and
this proposal has 18.5 employees on site. The Aspen Ski Company has a parking requirement in the site;
the original proposal has the garage on the upper parcel,accessed off Juan street. This proposal has the
garage on parcel 1 accessed off Garmisch and Dean.
Ms. Phelan reiterated Council's preference has been for a lodge on this site; however,there is a vested
approval for townhomes in place. The issue is whether Council thinks this proposal is an improvement
over the entitlements. P&Z and APCHA have recommended approval; community development staff is
not supportive of this amended site plan because of the reduction in density. Ms. Phelan pointed out
the old approvals meet the growth management standards for replacement;the developer at the time
offered to provide additional affordable housing on site and staff feels that density is appropriate for the
site.
7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
50-7 1pj. G I�-eS e �� ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
g P 5�ors . 2013
�y�^C
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
V/ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice.: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the_day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred(300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governinen.tal agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
The foregoing "Affidavit of Notice"was acknowled ed before me this ZU day
of �� , 20j3, by >�
PUBLIC N011C .
MENT OF TWO ((Y LLF11E R
OPMENT RIGHT CERTIFICATESFERABE DEVEL-
S
NOTICE IS HEREBY GIVEN that a public hearing _ WITNESS ESS MY HAND AND"" OFFICIAL SEAL
will be held on Monday,July 8,2013,at a meeting
to begin at 5:00 p.m.before the Aspen City Coun-
cil,Council Chambers,City ppHall,130 S.Galena St., rn
JohnRowland and Sarah pBroughtonsubmitted 234 E.Hop-
kins My commission expires.
Ave.Aspen,CO 81611,for the property'
at 507 W.Gillespie Street.The applicalo local-
quests approval to establish two(2)historic
Transferable Development Right certificates for
507 W.Gillespie Street,reducing the allowable
floor area for the property by 500 square feet. The Notary Public
property is legally described as:Lot B,Gillespie
Historic Partners,LLC Lot Line Adjustment Plat,
recorded March 29,2011 in Plat Book 96 at Page
60;Parcel ID#2735-121-11-007. For further in-
formation,contact Justin Barker at the City of As-
pen Community Development Department,130 S.
Galena St., Aspen, CO, (970)429.2797,
jusbn.barkerO cityofaspen.com.
a/Steve Skadron,Mayor
Aspen City Council
Publish in The Aspen Times Weekly on June 20, ATTACHMENTS AS APPLICABLE:
2013. 9283027
_ LICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
MEMORANDUM
TO: Mayor and Aspen City Council
THRU: Chris Bendon, Community Development Director a�4
FROM: Justin Barker, Planner
RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable
Development Rights, Second Reading of Ordinance #25, Series
of 2013
MEETING DATE: July 8, 2013
SUMMARY: The subject property is a 5,086
square foot vacant lot. 507 W. Gillespie Street
is a historic designated site that was originally a
p art of 515 W. Gillespie (the property to the I I
west) and was created as part of a historic lot
split in 2001. The house on 515 W. Gillespie �J j
was originally on 507 W. Gillespie and was
relocated as part of the lot split. The property -r
was originally created at 4,572 square feet, with
an allowable FAR of 2,840 square feet. In
March 2011 a lot line adjustment added square - =-
footage from the properties to the east, _
increasing the total lot area to 5,086 square feet.
The established allowable FAR from the lot
split was not changed by this lot size increase.
The applicant requests City Council approval to establish two (2) historic Transferable
Development Rights certificates for this property, reducing the allowable floor area for 507 W.
Gillespie by 500 square feet: Council is the decision-making authority on the establishment of
TDRs.
APPLICANTS: John Rowland& Sarah Broughton.
PARCEL ID: 2735-121-11-007.
ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line
Adjustment Plat,recorded March 29, 2011 in Plat Book 96 at Page 60.
ZONING: R-6, Medium-density Residential.
Page 1 of 3
PRIOR APPROVALS:
• Historic Preservation Commission (HPC) Approvals
• In 2001, HPC approved partial demolition, relocation of the existing house and
a 500 square foot FAR bonus for 515 W. Gillespie.
• In 2007, HPC granted Final Major Development approval.'
• On June 12, 2013, HPC granted Amendment to Final Major Development
approval, reducing the approved FAR to 2,339 square feet.
• City Council Approvals
• In 2001, City Council approved a historic landmark designation and historic
landmark lot split for the property.2 507 West Gillespie (Lot B) was established
with an FAR of 2,840 square feet, prior to applicable lot area reductions.
• In 2010, City Council approved an extension of vested rights from HPC
Resolution No. 35, Series of 2007 through September 9, 2013.3
STAFF EVALUATION:
• The purpose of a TDR is to encourage the preservation of Historic Landmarks within the
City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-
historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor
Area. The TDR program enables standard market forces, and the demand for floor area
and increased unit sizes in specific zone districts, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment. Funds that are gained
from the sale of TDRs may be invested back into the landmark.
• The applicant requests approval from City Council to sever an additional 500 square feet
of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No
previous TDRs have been established for this property. After the approved development
order is acted upon, the resultant unbuilt FAR after the severance of two TDRs will be
2,340 square feet.
• The review criteria found in Exhibit A analyze the existing built development on the
property against the maximum allowable floor area to determine the amount of unbuilt
development that can be turned into TDRs. Development that already received approval
is also analyzed as part of the review process for establishing TDRs.4 The property must
be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to
establish TDRs.
HPC Resolution 35, Series of 2007.
2 City Council Ordinance 20, Series of 2001.
s City Council Resolution 88, Series of 2010.
4 See Exhibit A, criterion d.
Page 2 of 3
Floor Area Analysis for 507 W. Gillespie Avenue:
Total allowable floor area for a 5,086 square [2,400 + (2,0861100*28)] = 2,984 square
foot lot single family residence in R-6 zone feet allowable floor area
district
Total allowable floor area per Ordinance 20, 2,840 square feet allowable floor area for
Series of 2001 507 W. Gillespie Avenue
Available unbuilt floor area 2.840 square feet unbuilt floor area
(vacant lot)
Approved floor area per HPC Approval 2,339 square feet floor area approved
June 2013
Approve the establishment of 2 TDR [2,840— (250*2)] = 2,340 square feet
certificates at 250 square feet each remaining unbuilt floor area after severance
of TDRs
STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets
the applicable review criteria to Establish Transferable Development Rights and recommends
approval of the two (2) TDR certificates.
PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve
Ordinance No. 25, Series of 2013, establishing two (2) Transferable Development Rights
Certificates for 507 W. Gillespie."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A—Review Criteria
Exhibit B—Application
Page 3 of 3
ORDINANCE #25
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE
HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH
29, 2011 IN PLAT BOOK 96 AT PAGE 60.
PARCEL ID #:2735-121-11-007
WHEREAS, the Community Development Department received an application from John
Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable
Development Right Certificates for the property located at 507 West Gillespie Street, Lot B,
Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60; and
WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a
vacant lot; 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, Justin Barker, Planner, in his staff report to City Council, performed an analysis of
the application, found that the review standards for 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: Transferable Development Rights
Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the
grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the
following conditions:
1. Upon satisfaction of all requirements, the city and the applicant shall establish a date
on which the respective Historic TDR Certificates shall be validated and issued by the
City and a deed restriction on the property shall be accepted by the City and filed with
the Pitkin County Clerk and Recorder.
507 W. Gillespie
Ordinance #25, Series of 2013
Page 1 of 3
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and
the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie
Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
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: 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC
Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
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.
507 W. Gillespie
Ordinance #25, Series of 2013
Page 2 of 3
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 5: Public Hearin
A public hearing on the ordinance shall be held on the 8th 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of June, 2013.
Steven Skadron, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY,adopted,passed and approved this day of , 2013.
Steven Skadron, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM: - - - - - - - -
Jim True, City Attorney
507 W. Gillespie
Ordinance #25, Series of 2013
Page 3 of 3
EXHIBIT A
is
Section 26.535.070 Review Criteria for Establishment of Historic Transferable
Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark or property identified on the AspenModern
Map, on which the development of a single-family or duplex residence is a permitted
use, pursuant to Chapter 26.710. Properties on which such development is a
conditional use shall not be eligible.
Staff Finding: The proposed 5,086 square foot sending site is located within the
Medium-density Residential (R-6) zone district, which allows residential single family
use. The sending site is a designated Historic Landmark, listed on the Aspen
Inventory of Historic Landmark Sites and Structures and is a vacant lot. Staff finds
this criterion to be met.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two-hundred and fifty
(250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding: The subject property has a total allowable FAR of 2,840 square feet
per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet
of floor area unbuilt on the site. Staff finds this criterion to be met.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Staff Finding: The establishment of two TDRs will not create or increase a non-
conformity. Staff finds this criterion to be met.
d) The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning for a single-family or duplex residence, and shall not include the
potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives.
Staff Finding: This is a two part analysis: 1) actual built development, i.e. the
existing condition of the property and 2) approved development.
Exhibit A
507 W. Gillespie
Page 1 of 3
Analysis of actual built development:
There is currently no development that exists on the lot. Per Ordinance No. 20,
Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to
develop.
Analysis oapproved development:
The development proposal that was approved in 2007 received an extension of vested
rights per City Council Resolution No. 88, Series of 2010 lasting through September
9, 2013. The floor area of this approval was 2,760 square feet. The development
proposal received an Amendment to Final Major Development approval from HPC
on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two
(2) TDRs from the site will leave 2,340 square feet of allowable floor area. Stafffinds
this criterion to be met.
e) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be considered
null and void.
Staff Finding: The development order for the approval from 2007 has been amended
to reduce the floor area to 2,339. This would be within the limitations of the property
after establishment of two TDR Certificates. Stafffinds this criterion to be met.
f) The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for
a single-family or duplex residence minus two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates established. The deed
restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex
residence, as may be amended from time to time. The sending site shall remain
eligible for certain floor area incentives and/or exemptions as may be authorized by
the City Land Use Code, as may be amended from time to time. The form of the deed
restriction shall be acceptable to the City Attorney.
Staff Finding: The applicant clearly states an understanding of this standard(0 in the
application. Stafffinds this criterion to be met.
g) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic
TDR certificates to the sending site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of the
subject property together with the appropriate fee for recording the deed restriction
with the County Clerk and Recorder's office.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (g). Stafffinds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 2 of 3
h) It shall be the responsibility of the sending site property owner to provide building
plans and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of
built floor area.
Staff Finding: There is currently no built floor area on the property as it is a vacant
lot. Staff finds this criterion to be met.
i) The sale, assignment, conveyance or other transfer or change in ownership of
transferable development rights certificates shall be recorded in the real estate records
of the Pitkin County Clerk and Recorder and must be reported by the grantor to the
City of Aspen Community Development Department within five (5) days of such
transfer. The report of such transfer shall disclose the certificate number, the grantor,
the grantee and the total value of the consideration paid for the certificate. Failure to
timely or accurately report such transfer shall not render the transferable development
right certificate void.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (i). Staff finds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 3 of 3
MEMORANDUM
TO: Mayor and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Justin Barker, Planner
RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable
Development Rights, First Reading of Ordinance #_, Series of
2013, Second Reading is scheduled for July 8, 2013
MEETING DATE: June 24, 2013
SUMMARY: The subject property is a 5,086
square foot vacant lot. 507 W. Gillespie Street .,
is a historic designated site that was originally a
part of 515 W. Gillespie (the property to the
west) and was created as part of a historic lot
split in 2001. The house on 515 W. Gillespie
was originally on 507 W. Gillespie and was
relocated as part of the lot split. The property
was originally created at 4,572 square feet, with s
an allowable FAR of 2,840 square feet. In
March 2011, a lot line adjustment added square
footage from the properties to the east,
increasing the total lot area to 5,086 square feet. W �
The established allowable FAR from the lot
split was not changed by this lot size increase.
The applicant requests City Council approval to establish two (2) historic Transferable
Development Rights certificates for this property, reducing the allowable floor area for 507 W.
Gillespie by 500 square feet. Council is the decision-making authority on the establishment of
TDRs.
APPLICANTS: John Rowland & Sarah Broughton.
PARCEL ID: 2735-121-I1-007.
ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line
Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
ZONING: R-6, Medium-density Residential.
Page 1 of 3
PRIOR APPROVALS:
o Historic Preservation Commission (HPC) Approvals
■ In 2001, HPC approved partial demolition, relocation of the existing house and
a 500 square foot FAR bonus for 515 W. Gillespie.
■ In 2007, HPC granted Final Major Development approval.'
■ On June 12, 2013, HPC granted Amendment to Final Major Development
approval, reducing the approved FAR to 2,339 square feet.
o City Council Approvals
• In 2001, City Council approved a historic landmark designation, floor area
bonus and historic landmark lot split for the propert'y.2 507 West Gillespie (Lot
B) was established with an FAR of 2,840 square feet, prior to applicable lot area
reductions.
• In 2010, City Council approved an extension of vested rights from HPC
Resolution No. 35, Series of 2007 through September 9, 2013.3
STAFF EVALUATION:
■ The purpose of a TDR is to encourage the preservation of Historic Landmarks within the
City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-
historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor
Area. The TDR program enables standard market forces, and the demand for floor area
and increased unit sizes in specific zone districts, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment. Funds that are gained
from the sale of TDRs may be invested back into the landmark.
■ The applicant requests approval from City Council to sever an additional 500 square feet
of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No
previous TDRs have been established for this property. After the approved development
order is acted upon, the resultant unbuilt FAR after the severance of two TDRs will be
2,340 square feet.
■ The review criteria found in Exhibit A analyze the existing built development on the
property against the maximum allowable floor area to determine the amount of unbuilt
development that can be turned into TDRs. Development that already received approval
is also analyzed as part of the review process for establishing TDRs.4 The property must
be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to
establish TDRs.
' HPC Resolution 35, Series of 2007.
2 City Council Ordinance 20, Series of 2001.
3 City Council Resolution 88, Series of 2010.
4 See Exhibit A,criterion d.
Page 2 of 3
Floor Area Analysis for 507 W. Gillespie Avenue:
Total allowable floor area for a 5,086 square [2,400 + (2,0861100*28)] = 2,984 square
foot lot single family residence in R-6 zone feet allowable floor area
district
Total allowable floor area per Ordinance 20, 2,840 square feet allowable floor area for
Series of 2001 507 W. Gillespie Avenue
2,840 square feet unbuilt floor area
Available unbuilt floor area (vacant lot)
Approved floor area per HPC Approval 2,399 square feet floor area approved
June 2013
Approve the establishment of 2 TDR [2,840— (250*2)] = 2,340 square feet
certificates at 250 square feet each remaining unbuilt floor area after severance
of TDRs
STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets
the applicable review criteria to Establish Transferable Development Rights and recommends
approval of the two (2) TDR certificates.
PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve
Ordinance No. , Series of 2013, on First Reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A —Review Criteria
Exhibit B—Application
Page 3 of 3
ORDINANCE #_
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO
APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 507 W. GILLESPIE STREET,LOT B, GILLESPIE
HISTORIC PARTNERS,LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH
29, 2011 IN PLAT BOOK 96 AT PAGE 60.
PARCEL ID #:2735-121-11-007
WHEREAS, the Community Development Department received an application from John
Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable
Development Right Certificates for the property located at 507 West Gillespie Street, Lot B,
Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60; and
WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a
vacant lot; 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, Justin Barker, Planner, in his staff report to City Council, performed an analysis of
the application, found that the review standards for 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• Transferable Development Rip_hts
Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant two (2)
Transferable Development Rights for 507 West Gillespie Street, with the following conditions:
1. Upon satisfaction of all requirements, the city and the applicant shall establish a date
on which the respective Historic TDR Certificates shall be validated and issued by the
City and a deed restriction on the property shall be accepted by the City and filed with
the Pitkin County Clerk and Recorder.
507 W. Gillespie
Ordinance #_, Series of 2013
Page 1 of 3
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and
the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie
Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60) by an additional 500 square feet together with the appropriate
fee for recording the deed restriction with the Pitkin County Clerk and Recorder's
Office.
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: 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC
Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
507 W. Gillespie
Ordinance #_, Series of 2013
Page 2 of 3
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 5: Public Hearing -- - - - - - - - -
A public hearing on the ordinance shall be held on the 8t' 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24h day of June, 2013.
Steve Skadron, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY,adopted,passed and approved this—day of , 2013.
Steve Skadron, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, City Attorney
507 W. Gillespie
Ordinance #_, Series of 2013
Page 3 of 3
EXHIBIT A
Section 26.535.070 Review Criteria for Establishment of Historic Transferable
Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark or property identified on the AspenModern
Map, on which the development of a single-family or duplex residence is a permitted
use, pursuant to Chapter 26.710. Properties on which such development is a
conditional use shall not be eligible.
Staff Finding: The proposed 5,086 square foot sending site is located within the
Medium-density Residential (R-6)zone district, which allows residential single-family
use. The sending site is a designated Historic Landmark, listed on the Aspen
Inventory of Historic Landmark Sites and Structures and is a vacant lot. Staff finds
this criterion to be met.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two-hundred and fifty
(250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding: The subject property has a total allowable FAR of 2,840 square feet
per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet
of floor area unbuilt on the site. Staff finds this criterion to be met.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Staff Finding: The establishment of two TDRs will not create or increase a non-
conformity. Staff finds this criterion to be met.
d) The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning for a single-family or duplex residence, and shall not include the
potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives.
Staff Finding: This is a two part analysis: 1) actual built development, i.e. the
existing condition of the property and 2) approved development.
Exhibit A
507 W. Gillespie
Page 1 of 3
Analysis of actual built development:
There is currently no development that exists on the lot. Per Ordinance No. 20,
Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to
develop.
Analysis of approved development:
The development proposal that was approved in 2007 received an extension of vested
rights per City Council Resolution No. 88, Series of 2010 lasting through September
9, 2013. The floor area of this approval was 2,760 square feet. The development
proposal received an Amendment to Final Major Development approval from HPC
on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two
(2) TDRs from the site will leave 2,340 square feet of allowable floor area. Staff finds
this criterion to be met.
e) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be considered
null and void.
Staff Finding: The development order for the approval from 2007 has been amended
to reduce the floor area to 2,339. This would be within the limitations of the property
after establishment of two TDR Certificates. Stafffands this criterion to be met.
f) The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for
a single-family or duplex residence minus two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates established. The deed
restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex
residence, as may be amended from time to time. The sending site shall remain
eligible for certain floor area incentives and/or exemptions as may be authorized by
the City Land Use Code, as may be amended from time to time. The form of the deed
restriction shall be acceptable to the City Attorney.
Staff Finding: The applicant clearly states an understanding of this standard 0 in the
application. Stafffinds this criterion to be met.
g) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic
TDR certificates to the sending site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of the
subject property together with the appropriate fee for recording the deed restriction
with the County Clerk and Recorder's office.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (g). Staff finds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 2 of 3
h) It shall be the responsibility of the sending site property owner to provide building
plans and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of
built floor area.
Staff Finding: There is currently no built floor area on the property as it is a vacant
lot. Staff finds this criterion to be met.
i) The sale, assignment, conveyance or other transfer or change in ownership of
transferable development rights certificates shall be recorded in the real estate records
of the Pitkin County Clerk and Recorder and must be reported by the grantor to the
City of Aspen Community Development Department within five (5) days of such
transfer. The report of such transfer shall disclose the certificate number, the grantor,
the grantee and the total value of the consideration paid for the certificate. Failure to
timely or accurately report such transfer shall not render the transferable development
right certificate void.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (i). Staff f nds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 3 of 3
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PURPOSE STATEMENT. STATE OF COLORADO ,t'cA l.. ��( a(?✓
NOTES 1w T7a10 PIA is re«DRRECT sU# r
n � y,Y.j2s_ �aL� COUNTY OF PITKIN 1
N!i'rWOft P.A.R.Iff"BE ALLeM HA!TONS 11.0 LINE R6.1N4/�M'W �- '. �Pa '�W' ' THE FOREGOIt1i. R'S CERT CATS WAS ACKNOWI BEFORE
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THE RECORD LOT SIZES OF 7,078 SUARE FEET FOR THE ODOM PROPERTY.AND 0 Y PUBLIC a:•/'L167,;` - -
6.129.5 SQUARE FEET FOR THE UHLFELDER PROPERTY ARE ACCURATE AND ARE '
THE LOT S12ES AFTER TIE LOT LINE ADJUSTMENT AND CONVEYANCES REGARDING EDGE OF PAVEMENT I JOHN
SAME. A�ODOM EJR.00UALIFRIED PERSONAL RESIDER U3T -UNDIVIDED
1/2 INTEREST AND LORRIE FURMAN ODOM OR TRUSTEE
OF THE LORR 1E FURMAN ODOM QUALIFIED PERSONAL T. AS 70 AN
UNDIVIDED 1/2 INTEREST:
VICINITY MAP DRRIVE
LOTS 7, B. 9 AND 10. BLOCK 99. HAILM'S ADDITION.COUNTY OF PITKIN.
•4U STATE OF COLORADO. LESS AND EXCEPT THAT PORTION AS CONVEYED IN
DEED RECORDED JANUARY 4. 1979 IN BOOK 361 AT PAGE 12 AS RECEPTION
N0. 210494 AND FURTHER DESCRIBED AS FOLLOWS: A TRACT OF LAND
f, BEING THE SUTH PART OF LOTS 7. 8. 9 AND 10. BLOCK 99. HALLM'S
n AD410FOTHE NELIJ4 OF SECTION I2. TOWN HIPSto SOUTH. LIES
ANNGEI 85TM EST WOF
I\x' THE 6TH P.M.. Nq IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING
O AT THE SOUTHEAST CORNER OF SAID l0T 10 N7iENCE THE SOUTHEAST
a SO> CORNER OF THE SW 1/4 OF SECTION 12 BEARS S 9.53' E 192.75
DI FEET: THENCE NORTH 70 FEET ALONG THE EAST LINE OF LOT 10: THENCE
BLUE
ALONG OTHE WEST LINETOF LL07T 7L TO THE SOUTH-WEST CORNERTOF LOT 7:
\� , AlLV1. 9184 S 68 14'E 4.42' 10 TO THE POINT Of too go ALONG THE SOUTH LINE OF LOTS 7. 8. 9 AND
4 1� 2378 (EAST ]5.0}'1 H-N 2^,�
16129 SIGNED THIS H___�:S_DAY OF D' W J
RED. 16129 136.49'1 16129 1 D7 Y • �.W. t y
9184 PTO. 16!29 (36.54"! 41 Ri ODOM d.1R.. TRIG R IE FVRMAN ODOM. TRUSTEE
\ NN(YYOII__m STATE OF COLORADO 1 i
COUNTY OF PITKIN I
"lJ THE TN'SEGO I.NO OWNER DAY OFRJ I E WAS ACKNO2.E BERT ODOM.
ME
JR.. TRUSTEE i LORRIE FURMAN OD-'GSM. TNUST�E TA,4Y
Y NE46 IS MY HAr AND OFF I_CI AI SEAL
TON'.E J 7/
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DRIVE N MI UHLFELDER AS OWNER OF TN FOLLOWING L OF
sA1lI li `- � JJ A TRACT(IF LAND BEING THE SOUTH PART 1iF LOTS'/ ,10 IN
BLOCK 99. HALLM'S ADDITION ADJACENT TO THE CITY 3F ISP SAID
TRACT LIES IN THE SW 114 OF THE NE 1/A OF SECTION T2:tODIESHIP 10
SOUTH. RANGE 85 WEST OF THE 6TH P,M.. AND IS MORE FULLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10
ODOM WHENCE THE SOUTHEAST CORNER OF THE SW I/4 OF THE NE I/4 OF SECTION
CULVERT 12 BEARS 5 9.53' E 192.75 FEET: THENCE NORTH 70.00 FEET ALONG THE
PROPERTY EAST LINE OF LOT 10: THENCE WEST 100.00 FEET TO THE WEST LINE OF R
HOUSE LOT 7: THENCE SOUTH 56 59 FEET ALONG THE HEST LINE of LOT]TO THE
7.0]8 S.-IT. •/- SOUTHWEST CORNER OF LOT]: THENCE S 82.22' E 100 90 FEET ALONG THE
COLL INS SUTH LINE OF PT*7. 8. 9 AND 10 TO T/f1E POINT OF B/E^GINNING.
PROPERTY SIGNED THIS p DAp'L�DF x •�V r.Q.. 2oyyL. ,
THERE ARE NC ENCROACHMENTS LOCATED ON'HIS �$l%4"" '�w'•�rKI(t.
GAP PARCEL ROM ODOM AND UHLFELDER-0 G'.LIESP.E NAOXI UNL FELDER
It NISTOR!C PARTNERS. L'�C.
\\_ STATE OF COLORADO
r IEC No R5v COUNTY OF PITKIN 14+
4EC NO OIA.
THE FORE601 G OWNER'S CERTIF CATE AS ACKNO ORE I
ME THIS DAY OF MAW
UHLFELDER AS OWN R 9
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MIT LO I 5 HY ION* ND OFFICIAL.SEA` tic m
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NO PUBLIC ••
VACOANT LOT SU EYOR S CERTIFICATE
RECORD AREA 4.512 SO FT. •/ CONC. u
ADJUSTED AREA 5.086 SOFT. •/- DRIVE I. JOHN M. HOWORTH. HEREBY CERTIFY THAT A 5 RMED
UNDER MY DIRECTION AND SUPERVISION OF THE HER ESCRI4ED
PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES,
LOT A _ AND EASEMENTS SHOWN ON THE TITLE COMMITMENT
NOTED HEREON ARE ACCURATELY SNOWN ON THIS PLAT.
d THE CONTROL PRECISION 15 GREATER THM 1 : 10,000 MD ACCURACY TO
LU S�j9 0.001 OF AN ACRE AND TINT THE SURVEY WAS DONE IN ACCORDANCE
IB7,y TITLE 38. ART ICL sl-AS AMENDED FROM TIME TO TIME,
StGN�D 7H113_LL-DAY 86F 200_-
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LEGEND YELLOW JORr WO TR. P.L.S. 25947
161zv T-ifLE CERTIFICATE
O SURVEY MONUMENT AS DESCRIBED • � -S
❑ UTILITY BOX -- I - THE UNDERSIGNED.A DULY AUTHORIZED REPRESENTATIVE. PITKIN
COUNTY TITLE. INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY.
COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS
• SURVEY CONTROL N OWNERS ON THIS PLAT DO HEREBY HOLD FEE SIMPLE TITLE TO THE
WITHIN DESCRIBED REAL PROPERTIES. FREE AND CLEAR OF ALL LIEES AND
o-� FENCE ENCUMBRANCES. EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE
ALTHOL04 WE BELIEVE THE FACTS STATED ON THIS PLAT ATE TRUE
TITLE INFORMATION FURNISHED BY: THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE.
NOT AN O N
PON OF TITLE. NOW GUARANTEE OF TITLE.AND IT IS
PITKIN COUNTY TITLE. INC. I UHLFELDER UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC. NEl
HUMBER: PCTI21087PR0 ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATI
DATED! NOVEMBER 17. 2006 z' PROP P E RT Y
IN
MANHOLE LIABILITY WHATSOEVER BASED ON ANY STATEMENT CONTAINED ,
® 6.329.5 So FT /- 601 E PITKIN COUNTY TITLE. INC.
® WATER VALVE b I HOUSE ASPEN.CO 81611
1 .HOPKINS AVENUE / P�
CALLS IN( 1 RECORD GARAGE = I SIGNED: -
BY:
03/29/2011 at STATE OF COLORADO 1
Fl LAND TO BE.CONVEYED FROM ODOM AND UHLFELDER I RE19:04A NW:578715, li
Fl O TO GILLESPIE HISTORIC PARTNERS. LLC I 71:79:04 AK PI OF i.R$71.00 Janice K.
Vos Cautllll,PNkin County,CO COUNTY OF P I TKIN 7
PLAT BK 96 PG 60 THE f0 !/,(3D TDF_CF�T/ILFII U�TL�L WADS ACXt WBy BF 1-E Ml�IIL AS
p o� 2376 DECKL �.w✓ OF PITKIN COUNTY LE. INC.
�x ODOM G UHLFELDER TO GILLESPIE HISTORIC PARTNERS. LLC 01 AL MIND IND SEAL P f /
A STRIP OF LAND 51TTATED IN BLOCK 99.HALLAMS ADDITION TO THE RED 16129 MY COMMIS N RE '!/.9` .G1C
£E CITY OF ASPEN PITKIN COUNTY. COLORADO. LYING EASTERLY OF AND 138.87', STAIRS UBLI
R ADJACENT t0 LOT B BECK HISTORIC LOT SPLIT AS SHOWN ON THE PLAT
RECORDED IN PLAT BOOK 58 AT PAGE 40 OF THE REAL ESTATE RECORDS
OF PITXIN COUNTY COLORADO, DESCRIBED AS FOLLOWS: RED. 16129 BLUE I CLERK S, RECORDER'S ACCEPTANCE
o a U
BEGINNING AT A POINT BEING THE SOUTHEAST CORNER OF SAID LOT 8.
IN 8?•32"O•WJ '36.81 I POE 118?' WC TO SOUTHEAST POS FiLLESPIN HISTORICCE PARTNERS,CLERKLOT LINE ADJUSTMENT P,ATC AS ACCEPTED
's
BECK HISTORIC LOT SPLIT: CORNER OF AREA TO BE COLORA T O'CLOCX�M. ON TH S DAY OF
~a� BECX HISTORIC LOT SPllT6TO FEET HEANORTHEASTECOR CORNER: LINE OF SAID LOT B. A L L E Y B LOCI( N0. 5 CONVEYED C I TY ENGINEER NEEER REC PTION NUMBER 2011L. IN PLAT BOOK AT PAGE fad AS
MO BlEOCItE99.QUXALLM 5IADDIT�ONEACCOR ACCORDING TO BECKNN HISTORIC�DTEP OF 99�HALL A]H5�S AIIDITIOA, RE-BAR SET RED 2594] REYI EWEDEMDEAPP BOVEDCBYATHENECITYLENyL��NEEANOFACHESCMTMYTOF ASPENS 9�/f,�. �./
N tl EO TH 151 DAY OF�L1GPd �. 200.j_. CLERX AND,R
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N CONTAINING 515 SOUARE FEET MORE OR LESS. JJ ITY �_
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COMMUNITY DEVELOPMENT DIRECTOR y PREPARED BY
THE GILLESPIE HISTORIC PARTNERS. LLC LOT LINE ADJUSTMENT PLAT WAS p C ; K ASPEN S UR V E Y ENGINEERS. I NC.
REVIEWED,,//..ND APP VED BY THE A PEN COYAIUNI�Y�pEV�LOPMENT DDEEP�gqR TMENT I-.
OF?HE( RY 0 A EH. THIS DAY OF 20P..]$_.
'a. ,'ff57 210 SOUTH GALENA STREET
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Q'. CDMIUNITY DEVIF-O EYEIOPMENT DIRECTOR. ASPEN. COLORADO 81611
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457449
Page: i of 4
111111111
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II 08/13/2001 02:43F'
11 1111111
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111
DAVIS SILVIA PITKIN COUNTY CO R 20.00 0 0.00
ORDINANCE NO. 20,(SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A HISTORIC
LANDMARK DESIGNATION AND A HISTORIC LANDMARK LOT SPLIT
FOR THE PROPERTY LOCATED AT 515 WEST GILLESPIE AVENUE,LOTS
4,5,AND 6,BLOCK 99,HALLAM ADDITION,ASPEN,COLORADO
Parcel ID:2 735-121-11-007
WHEREAS,the Applicant, Pamela and Neil Beck, represented by Randall Bone,
requested land use approvals for a Historic Landmark Designation and Historic
Landmark Lot Split for the property located at 515 West Gillespie Avenue,Lots 4, 5, and
6,Block 99,Hallam Addition, City and Townsite of Aspen; and
WHEREAS, the property is currently listed in the City of Aspen's Inventory of
Historical Sites and Structures;and
WHEREAS, this application for a Historic Landmark Designation and a Historic
Landmark Lot Split meets all of the Development Review Standards of Section
26.420.010, Section 26.480.030(A)(2), and Section 26.480.030(A)(4) in order for the
Aspen City Council to grant approval; and
WHEREAS, the Community Development Department determined the
application for a Historic Landmark Designation and Historic Landmark Lot Split meet
the applicable review standards indicated above, and recommended approval with
conditions; and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on June 13, 2001, at which time the
HPC considered and found the application to meet the review standards, recommended
City Council approve the request for Historic Landmark Designation and Historic
Landmark Lot Split with conditions by a vote of three to one (3 to 1); and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Planning and Zoning Commission on June 5, 2001, at which time the
Planning and Zoning Commission considered and found the application to meet the
review standards and recommended City Council approve the request for Historic
Landmark Designation,with conditions,by a unanimous vote of four to zero (4 to 0); and
WHEREAS,the Aspen 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 recommendation of the Planning and Zoning Commission, the
Historic Preservation Commission, the Community Development Director, and the
applicable referral agencies; and
WHEREAS, the City Council finds that this request for historic landmark
designation and historic landmark lot split meets or exceeds all applicable development
457449 '
I 4
0a/13/2001
02.4 F
\ DAVIS SILVIA PITKIN COUNTY CO R 20.00 D 0.00 3
standards and that the approval of the appllcation, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan;and
WHEREAS,the Aspen City Council has taken and considered public comment at a
regular public hearing on July 23,2001,and continued the hearing for further testimony,and
approved this Ordinance for Historic Landmark Designation and Historic Landmark Lot
Split,with conditions,by a vote of five to zero(5 -0);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 ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Historic Landmark Designation and Historic Landmark Lot Split for the property
located at 515 West Gillespie Avenue, Lots 4, 5, and 6, Block 99,`Hallam's Addition,
City of Aspen,Colorado is hereby approved with the following conditions:
1. That the Applicant shall submit a Subdivision Plat and Subdivision Exemption
Agreement that shall be reviewed and approved by the Community
Development and Engineering Departments 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.
2. That the submitted Subdivision Plat shall contain a note stating that the lots
contained therein shall be prohibited from applying for further subdivision and
any development of the lots will comply with the applicable provisions of the
Land Use Code in effect at the time of application.
3. That the submitted Subdivision Plat shall contain a note stating that all new
development on the lots will conform to the dimensional requirements of the
R-6 zone district and residential design standards with the potential exception
for variances to be approved by the HPC.
f
5. That Lots "A" and `B" are designated historic landmarks and must receive
Historic Preservation Commission approval for all development in accordance
with Section 26.415 of the Municipal Code, as well at Section 26.410, the
"Residential Design Standards."
I 457449
Page: 3 of 4
III I
fI
II 0
S/13/
20
DRVIS SILVIR PITKIN COUNTY CO R 20.00 0 0.00
02,43E
6. That the Applicant shall sign a sidewalk, curb and gutter construction
agreement and pay the applicable recording fees prior to issuance of a building
permit on either lot.
That the City Council herein and pursuant to this Ordinance, grants the
Applicant approval to allocate the FAR to be split between the two newly
created lots (including the 500 sq. ft. bonus) to be 4,093 sq. ft. in total. The
Applicant shall appropriate this FAR in the following manner: Lot "A" as
having 1,753 s q. ft. and 1111 '
i.e., s opes, access easements,
etc.). Farther,these lot sizes and floor areas shall be indicated on the final
plat that is recorded in the Pitkin County Clerk and Recorder's Office.
8. That the Applicant shall record a final plat indicating the approvals in this
Ordinance as they have been represented to the City Council. In addition, if
the westerly lot line dispute between the Collins and the owners of the property
known as Lot A of the Beck Lot Split (Lots 4, 5, and 6, Block 99, Hallam
Addition, City and Townsite of Aspen), has not been resolved prior to the
recording of said plat, the applicant shall record a plat showing both lines in
dispute and a note on the plat indicating the two lot lines in question and that
once the dispute is resolved, the applicant shall file a new plat indicating the
resulting resolution.
9. That the Applicant shall be required to enter into a "Ditch Relocation
Agreement with the City of Aspen and that said agreement be a recorded
document with the Pitkin County Clerk and Recorder's Office. That the City
of Aspen, at it's sole discretion, has the option of moving.the ditch off the
property at a future date and would have no obligation to compensate the
landowner(s) in any way. Specifically, the Ditch Relocation Agreement should
reference the plans that are approved and provide for an easement a minimum
of 10 feet in width and said agreement shall specifically state that the
landowners have no water rights in the ditch nor is any license being granted
for use of water from the ditch. This agreement shall also be recorded on the
Subdivision Plat and referenced in the Subdivision Exemption Agreement.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning.Commission, or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein,unless amended by an authorized entity.
Section 3•
This Ordinance shall not effect 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 4•
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.
A public hearing will be held the 9d' day of July 2001 at 5:00 p.m. in the City Council
Chambers, 130 South Galena,Aspen,Colorado.
IN 4DU -ED,READ AND ORDERED PUBLISHED as provided by law,by the City
`�iL�ounche Citq of Aspen on this 25d'day of June,2001.
0000 1
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• • v,
r
'41,djtt�R%S.#ch,City Clerk He a Kalin v6aej d,Mayor
FINALLY,adopted,passed and approved this 23`d day of July,2001.
t t:43* '•
n oc ,City Clerk Hefet Kalin de d,Mayor
to form: 457449
of
0a/13/20 02:43P.
. �DAVISS SILVIA PITKIN COUMTY CO R 20.00 D 0.00
Jo n orcestor,City Attorney
457473
Page: 1 of 6
08/13/2001 04:27P
DRVIS SILVIR PITKIN COUNTY CO R 30.00 D 0.00
Final 07-27-01
CITY OF ASPEN
DITCH RELOCATION AND EASEMENT AGREEMENT
This Ditch Relocation Agreement is entered into this day of (� �'h 2001,by and
between THE CITY OF ASPEN("City"),a Colorado municipal corporation an ome rule city,and
Neil H. Beck and Pamela L. Beck, whose address is 515 West Gillespie, Aspen, CO 81611
("Landowner")
Recitals
WHEREAS, the City owns an interest in the Si Johnson Ditch and the water rights decreed
to it; and
WHEREAS,the Si Johnson Ditch traverses land owned by Landowner,described as follows:
Lots 4, 5 and 6, Block 99 of the Hallams Addition to the City and
Townsite of Aspen,Pitkin County, Colorado
and also known as 515 West Gillespie,Aspen,Colorado 81611,and herein referred to as the
"Subject Property,"and
WHEREAS,Landowner owns no interest in the Si Johnson Ditch,or the water rights decreed
to it; and
WHEREAS, Landowner is seeking approval from the City for an historic lot split of the
Subject Property; and
WHEREAS,the City has required Landowner to enter into a ditch relocation agreement prior
to approval of the lot split; and
WHEREAS, Landowner has agreed to enter into a ditch relocation agreement as herein
provided,
THEREFORE,IN CONSIDERATION of the promises and agreements set forth below,and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Ditch Relocation. At Landowner's sole expense,Landowner will relocate the portion
of the Si Johnson Ditch crossing the Subject Property to the approximate location shown on Exhibit
A hereto, consistent with design drawings and specifications reviewed and approved by the City
Water Department prior to relocation of the ditch. The final design drawings and specifications shall
be prepared by a registered professional engineer,who shall certify that the design,construction and
operation of the relocated portion of the Si Johnson Ditch will permit water to be carried at the rate
of flow(up to a maximum of 2.0 cfs) and at the times of year that the Si Johnson Ditch has
1
457473
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Final 07-27- 1 \DAVIS SILVIA PITKIN COUNTY CO R 30.00 6/130 0000 4:27P
historically carried water prior to the relocation.
Landowner hereby guarantees to the City that the design and construction of the relocation
are such that the relocated portion of the ditch will have sufficient capacity and proper grade and
alignment to permit water to be carried through it at flow rates not to exceed 2.0 cfs, at the same
times of year as the Si Johnson Ditch has historically been.permitted to divert.
Landowner shall be solely responsible for design and construction of the relocation and for
any and for all expenses associated with any faulty construction or installation and the correction
thereof. Notwithstanding its review of the preliminary design shown on Exhibit A,and of the final
plans and specifications, the City shall have no liability arising out of or in connection with
construction of the ditch relocation on the Subject Property.
2. Acknowledgment of Other Owners. Landowner acknowledges that one or more
persons or entities in addition to the City may have ownership interests in the Si Johnson Ditch or
the water rights decreed thereto,that such persons or entities are not parties to this Agreement,and
that the City,in entering into this Agreement,is not acting on behalf of such persons or entities. The
identity and extent of ownership interests held by all such persons is not known to the City.
Landowner is therefore advised to identify and contact such persons,and to verify that the terms and
conditions of this Agreement, and the proposed plans for relocating Si Johnson Ditch across the
Subject Property are acceptable to such persons.
3. Maintenan". The City will continue to perform such maintenance of the Si Johnson
Ditch, including the relocated portion on the Subject Property, as is reasonable and prudent in its
discretion.
4. Futule Relocation. Landowner agrees that the City or other owner(s) of the Si
Johnson Ditch may, at their own cost,relocate the ditch to a location that is not on or contiguous to
the Subject Property,and that neither the City nor other owner(s)of the Si Johnson Ditch will have
any liability or obligation of any sort to Landowner as a result of such future relocation. Upon such
relocation, this.Agreement shall terminate, and the easement granted on, over and through the
Subject Property for the Si Johnson Ditch shall terminate. The City agrees to execute appropriate
documentation to effect the release of said easement.
5. Raw Water Use.. Landowner acknowledges that he owns no interest in the water
rights decreed to the Si Johnson Ditch or carried in the Si Johnson Ditch,and has no right to use the
Si Johnson Ditch for any purpose, or to withdraw water therefrom. Landowner agrees that he will
not pump or otherwise divert or withdraw any water from the Si Johnson Ditch, or use the Si
Johnson Ditch in any manner without the City's prior written agreement. Landowner further
acknowledges that the City Code requires that the City be the sole provider of raw and treated water
within the City limits, and that Landowner may not use raw water from any source other than the
City.
If Landowner wishes to use water from the Si Johnson Ditch for irrigation of the Subject
2
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08/13/2001
I
Final 07-27-Or DAVI---- ---__pITKIN-COUNTY-CO- R 30,00 p 0.00
4.27P
Property,he may request a raw water license from the City,and the City may,in its discretion,grant
such a raw water license. The City makes no promises or representations that it will grant such a raw
water license.
6. Indemnification. Landowner shall be solely responsible for,and shall indemnify the
City, its officials, employees and agents, from and against any and all claims, actions, losses,
liabilities,or expenses of whatever sort, including attorney fees, that are incurred by such persons
and entities, arising out of or in connection with the Si Johnson Ditch on the Subject Property,
including but not limited to,claims for personal injury or property damage,claims by other owners
or users of the Si Johnson Ditch, claims resulting from loss or diminishment of quantity or rate of
flow of water in the Si Johnson Ditch,water quality degradations,and the consequences of flooding
or other adverse effects from the relocated ditch, unless such claims, actions, losses, liabilities or
expenses are due to negligent or willful conduct of the City, provided, however, that this
indemnification provision shall not be deemed a waiver, abrogation, or diminishment of any
governmental immunity available to the City.
7. No Liability of Ditch Owners. Neither the City nor other owners of the Si Johnson
Ditch shall have any liability to Landowner or other parties for any damages or injuries which result
from the use and operation of the Si Johnson Ditch on the Subject Property. Landowner assumes
all risk associated with the Landowner's decisions regarding the location of buildings and structures
to be constructed on the Subject Property.
8. Grant of Easement. Landowner will provide a survey of the Si Johnson Ditch on the
Subject Property (showing the ditch relocation) and easement for the City's approval prior to
relocation of the Si Johnson Ditch on the Subject Property. The easement will grant and convey to
the City and the other owners and users of the Si Johnson Ditch a surveyed,perpetual non-exclusive
easement and right of way(the"Easement")extending five feet in width from the center line of the
Si Johnson Ditch on the Subject Property for access by personnel and equipment as needed for the
purposes of exercising their rights as owners and users of the Si Johnson Ditch and the water rights
carried therein.The Easement shall contain a permitted exception for light wells of the residence to
be constructed on the Subject Property,so long as the Easement is no less than seven feet in width
at the location of such light wells,and contains Landowner's agreement to assume all risk of damage
or destruction of such light wells as a result of the use and occupation of the Easement by the City
and other owner(s)of the Si Johnson Ditch, and to assume all risk associated with the location of
buildings and other structures on the Subject Property. This Easement shall run with the land for
the benefit of the owners and users of the Si Johnson Ditch and water rights carried therein, shall
burden the Subject Property,and shall be binding upon and inure to the benefit of the parties to this
Agreement,the other owners and users of the Si Johnson Ditch and the water rights carried therein,
and their respective heirs, successors and assigns.
9. Notices. All notices required to be given shall be deemed given upon deposit in the
United States mail,first class postage prepaid,properly addressed to the person or entity to whom
directed as follows:
3
457473
Final 07-27.01 08y/13 2001 04:27P
To Landowner: DAVIS MVIA PITKIN COUNTY CO R 30.00 D 0.00
Neil H.Beck
Pamela L.Beck
515 West Gillespie
Aspen, CO 81611
with copy to: Leonard M.Oates, Esq.
533 E. Hopkins Avenue,Third Floor
Aspen, CO 81611
To City:
Water Director
City of Aspen
130 South Galena Street
Aspen, CO 81611
or at such other address as shall be given by notice pursuant to this paragraph. Copies of such
notices shall also be sent in the same manner to the City Attorney,City of Aspen, 130 South Galena
Street,Aspen, Colorado 81611.
10. Force Majeure. No party shall be held liable for a failure to perform or delay in
performance hereunder due to wars,strikes,acts of God,natural disasters,drought or other similar
occurrences outside of the control of that party,provided,however,that to the extent the relocated
Si Johnson Ditch crossing the Subject Property is damaged or destroyed by force Majeure,
Landowner shall repair or replace such damaged or destroyed portions, at Landowner's expense,
within a reasonable time,to the condition in which such damaged or destroyed portions existed prior
to the force majeure event. If Landowner is unwilling or unable to commence or complete such
repairs or replacement within a reasonable time, the City may elect to perform such repairs or
replacement,and shall bill Landowner for all reasonable costs thereof. If any such bill from the City
is not paid within thirty (30)days of the billing date,the unpaid balance shall accrue interest at the
rate of 18% per annum, and the City shall have available to it all rights and remedies at law or
equity,as well as the right to place a lien against the Subject Property.
11. Sever ability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions shall not be affected thereby, and each and every
provision shall be enforceable to the fullest extent permitted by law.
12. Amendment. This Agreement may only be amended in writing by the parties hereto
or their successors in interest.
13. Interpretation. Paragraph headings shall not be used to alter the meaning of this
Agreement.
4
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08/13/2001 04:27P
DAVIS SILVIA PITKIN COUNTY CO R 30.00 D 0.00
Final 07-27-01
References herein to the masculine shall include the feminine and neutral, and references in the
singular shall include plural, and vice versa, as appropriate.
14. Binding Agreement-Recordin . This Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be
subject to this Agreement as provided herein: This Agreement shall be recorded with the Pitkin
County Clerk and Recorder,and shall impose an easement and covenants running with the land upon
the Subject Property. Deeds to subsequent owners of the Subject Property shall provide notice of
this Agreement and the obligations contained herein. - -
15. Governing Law: Venue: Attorney Fees. This Agreement and the rights and
obligations of the parties hereunder shall be governed by and construed in accordance with the laws
of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding
the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party
shall be entitled to recover costs incurred in pursuing such remedies,including expert witness fees
and reasonable attorney fees.
16. Authorization of Signatures. The parries acknowledge and represent to each other
that all procedures necessary to validly contract and execute this Agreement have been performed
and that the persons signing for each party have been duly authorized to do so.
17. Counterparts. This Agreement may be signed using counterpart signature pages,with
the same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first
above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and Home Rule City
Approved as to form: /
�gBy
Phil Overeynde ter Director Aspen City Attorney
Pamela L. Beck, Landowner Neil H.Beck, Landowner
STATE OF )
)SS
COUNTY OF )
5
Fina107-27-01
SUBSCRIBED AND SWORN to before me this day ofk��200 by �NME L (NgfXIESS 6'6'hand�and official seal
My�110 4ffits'didn expires: l v 3 Notary Public
C�TEMKdltch relocation 515 gillesploMpri 457473
Page: 6 of 6
�DAVIS SILVIA PITKIN COUNTY CO -- R 30 8/13p 0.00 4•Z7P
6
457474
1 iilll{ 1
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083/2.001 04:28P
Il!!i
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DAVIS SILVIR PITKIN COUNTY CO R 28.00 D 0.0@
SUBDIVISION EXEMPTION AGREEMENT
FOR TTE BECK HISTORIC SUBDIVISION EXEMPTION AND HISTORIC
LANDMARK LOT SPLIT
THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made
and entered into this day of August, 2001 by and between a) PAMELA L. BECK and
NEIL H. BECK (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A
HOME RULE MUNICIPAL CORPORATION(hereinafter"City").
WITNESSETH:
WHEREAS, Owners own that certain real property (the"Property") located at 515 West
Gillespie,Aspen, Colorado and more particularly described as Lots 4,5 and 6,Block 99,
Hallam's Addition to City of Aspen, Pitkin County, State of Colorado; and
WHEREAS,on July 23, 2001, the City Council of the City of Aspen granted approval
for subdivision exemption for a lot split on the Property pursuant to the procedures and standards
set forth in Title 26 of the Aspen Municipal Code with a Subdivision Exemption Plat for an
Historic Landmark Lot Split(hereinafter"Plat"),wherein said Plat indicates two(2)lots, Lot A
and Lot B,Lot A.resulting in a 4,639 square foot parcel with a floor area ratio of 1,753 square
feet for Lot A and 4,572 square foot parcel with a floor area ratio of 2,840 square feet for Lot B.
WHEREAS, the approval of the historic landmark lot,split was conditioned upon
Owners complying with certain requirements outlined in Ordinance No. 20(Series of 2001),
including entering into a Subdivision Exemption Agreement for the Property; and
WHEREAS, Owners have submitted to the City for approval; execution and recordation
a final Plat of Beck Historic Subdivision(the"Plat")and the City agrees to approve, execute and
record the Plat(Owners pay all applicable recordation fees)on the agreement of the Owners to
the matters described herein; and
WHEREAS, the City has imposed conditions and requirements in connection with its'
approval, execution, and acceptance of the Plat,which matters are necessary to protect,promote
and enhance the public health, safety and welfare,and the Owners are prepared to enter into a
Subdivision Exemption Agreement incorporating such conditions and requirements.
NOW, THEREFORE,in consideration of the mutual covenants contained herein and
the approval,execution, and acceptance of the Plat for recordation by the City, it is agreed as
follows:
1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and
upon approval of the Plat by the Engineering Department and the Community Development
Director, the City agrees to approve and execute the Plat for subdivision exemption for the
historic landmark lot split submitted herewith,which conforms to the requirements of Chapter
Page 1
r..a'
457474
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I! 04:28P o
DRVIS SILVIA PITKIN COUNTY CO R 25.00 D 0,08
26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this
Agreement shall be recorded(Owners pay all applicable recordation fees) in the Office of the
Pitkin County Clerk and Recorder within 180 days of July 23, 2001 (the day Ordinance No. 20
(Series of 2001)was approved).
2. Ditch Relocation Agreement for Si Johnson Ditch.The Owners and the City of
Aspen have entered into a Ditch Relocation Agreement•relative to the Si Johnson Ditch
contemporaneously herewith, the terms and conditions of which are incorporated herein by
reference as if set forth herein.The Ditch Relocation Agreement shall be recorded in the real
property records of Pitkin County, Colorado.
3. Subdivi�,sk IMP
A and B will comply with the applicable provisions of the City of Aspen Land Use Code
("Code")in effect at the time of application for development thereof.These restrictions shall be
noted on the Plat.
4. Development Potential. The subdivision exemption lot split results in two �2)
lots,one of 4,639 square feet(Lot A)and another of 4,572 s uare feet(Lot B). ?
Uft i il one on each
lot.
5. Floor Area Ratio.With regard to floor area(FAR), the maximum allowable FAR
floor area that can be develo d on Lot A is 1,753 s uare feet and 1i
All of the restrictions
and un! ations described in this section(7)shall be note on the Plat.
6. Future Development. Any future development on or redevelopment of the lots
created through the subdivision exemption lot split as shown on the Plat, shall be required to
mitigate for its impacts pursuant to Chapter 26.470,Growth Management Quota System
(GMQS), as may be required. )
nless a variance(s) have been
approve y an entity avmg t e authority to do so. The Property (Lots A and B) is designated
as an historic landmark and must receive Historic Preservation Commission (HPC)approval for
all future development(except development limited to the interior of a building(s))in
accordance with Chapter 26.415 of the Code.All of the restrictions and limitations described in
this paragraph(8)shall be noted on the Plat.
7. avow
8. Improvement Districts. Owners agree to a sidewalk, curb and gutter sign
construction agreement and to pay the applicable recording fees prior to issuance of a building
permit on either lot.
Page 2
• 457474
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DRVIS SILVIR PITKIN COUNTY CO R 25.00 8/�3D20.0004.28P
9. Fees and Reimbursements. Owners agree to reimburse the City for their
respective and proportionate share of the cost associated with any improvements which directly
benefit the Property should the City of Aspen elect to construct such improvements without the
formation of a special assessment district. In addition, Owners agree to pay any applicable fees
required by the Code if and when such fees are due.
10. Material Representations. All material representations made by the Owners on
record,whether in public hearings or in documentation presented before City Council, shall be
binding upon the Owners.
11. Enforcement. In the event the City determines that the Owners are not in
substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve
a notice of noncompliance and request that the deficiencies be corrected within a period of forty-
five (45)days. In the event the Owners believe that they are in compliance or that the
noncompliance is insubstantial, the Owners may request a hearing before the City Council to
determine whether the alleged noncompliance exists or where any amendment,variance,or
extension of time to comply should be granted. On request,the City shall conduct a hearing
according to its standard procedures and take such action as it deems appropriate. The City shall
be entitled to.all remedies at equity and at law to enjoin, correct and/or receive damages for any
noncompliance with this Agreement.
12. Notices. Notices to the parties shall be sent in writing by U.S. certified mail,
return receipt requested,postage prepaid, Such notices shall be deemed received, if not sooner
received,three(3)days after the date of the mailing of the same.
To the Owners: Pamela Beck&Neil H.Beck
515 West Gillespie St.
Aspen, CO 81611
With a copy to:: Randall A. Bone
735 West Bleeker St.
Aspen, CO 81611
To the City: City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
13. Binding Effect. The provisions of this Agreement shall run with and constitute
a burden on the land and shall be binding upon and inure to the benefit of the Owners, their
successors and assigns, and to the City and its successors and assigns.
14. Amendment. This Agreement may be altered or amended only by written
instrument executed by all parties hereto,with the same formality as this Agreement was
executed.
Page 3
15. Seve, If any provision of this Agreement is determined to be invalid,
such invalidity shall not affect the remaining provisions hereof.
IN WITNESS WHEREOF,the parties hereto have executed this Subdivision
Exemption Agreement the day and year first written above.
OWNERS:
457474
Page: 4 of 5
Pamela L. Bent-,
OAVIS SILVIA PITKIN COUNTY c0 R 25.00 08/13/2001 0 0.00
4-28P
Nei H.)Keck
THE CITY OF ASPEN,COLORADO ATTEST:
a municipal co a on
By: By:
H e Kalin Kla rud, ayor Kathryn'Koch, ity Clerk
APPROVED:
Joh Wo cer ster, City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing was acknowledged to before me this day of ,
2001,by Pamela L. Beck and Neil H. Beck.
Witness my hand and offi eal. I
My commission expires Q 4
IJL
Notary Public .....cj^,o T;
Page 4
STATE OF COLORADO ) �Y P tlg
)SS. �P fr,,.......,
COUNTY OF PITKIN )
0
The foregoing was acknowledg t e ore me day of ,
2001,by Kelen Kalin Klanderud and Ka yor and City Clerk,r pectively, of
the City of Aspen, a Municipal Corporation.
Witness my hand and official s al.
My commission expires a
otary Public
457474
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08/13/2001 04:28P
DAVIS SILVIA PITKIN COUNTY CO R 25.00 D 0.00
c:My Documents\City Applications\Corbin-Burrows SEA o
Page 5
RECEIVED
ATTACHMENT 2-LAND USE APPLICATION APR 4 2013
PROJECT: CITY OF ASPEN
4MMIUNITY DEVELOPMENT
Name:
✓r a-c a r s [.-
Location: 576 q- W, ilIP5 Pf e, .Sd66tiwsio-i' t
(Indicate street address, lot&block number, legal descri tion where a ro riate)
Parcel ID#(REQUIRED)
APPLICANT: � ,
Name: �-'f ,4V .Iq
Address: Z 3 q' 1(-- -S CD (D
Phone#: ( 0 kA C e 10
REPRESENTATIVE:
Name: Q S Gl 6v'Q�
Address:
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
�i'►q �D �0�S �/f � X/Sf7 G �rya/
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
duce ll •�e�
vt� D h r*..e, wf—HIP el
.
1A "12
Ha ye you attached the following? FEE§DUE: S 6 0 • DD
Pre-Application Conference Summary
Attachment#1, Signed Fee Agreement
Response to Attachment#3,Dimensional Requirements Form 4
Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards t
❑ 3-D Model for large project A/A
A.11 plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
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architecture and urban design m m-o
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AFFIDAVIT o CD w
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Project: 507 Gillespie 2 C
Date: 3 April 2013 0 o
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We acknowledge the following items as it pertains to the establishment of historic TDB's for 507 W. Gillespie as o CO
per Land Use Code 26.535.090.A.2 3 - Z
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a) A deed restriction will permanently encumber the sending site and restrict that property's development CO A
rights to below that allowed by right by zoning according to the number of historic TDR certificates °D w
established from that sending site. W
b) For each certificate of development right issued by the City for that particular sending site, that property
shall be allowed two hundred and fifty(250) square feet less of floor area, as permitted according to the
property's zoning, as amended.
c) The sending site property owner shall have not authority over the manner in which the certificate of
development right is used by subsequent owners of the historic TDR certificate.
Si
John Ro and and Sarah Broughton
State of:Ccicv—cLo
County of: PEA-Vl,,-- Q, -' . ....~ ��I
Subscribed and sworn to before ieFAIIONBA00KE
Me this 3 day of {kpc 1k, ao 3 FAALFI
Notary Public: ti�
My Commission expires:
Page 1 of 1
TPA.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant TO
Location: 5'0 �- l td • tp it t e s p l C Sf. A-5 N
i
Zone District: 9- 6
Lot Size: $a 96 SF
Lot Area:
(for the purposes of calculating Floor Area,Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 10 Proposed:
Number of residential units: Existing: NI#} Proposed:
Number of bedrooms: Existing: N A Proposed:
Proposed % of demolition(Historic properties only): PC
DIMENSIONS:
Floor Area: Existing.•-1�$____Allowable: 2.840 Proposed.
Principal bldg. height: Existing: N Allowable: Z5' Proposed:
Access. bldg. height: Existing: N Ik Allowable: ZO t Proposed:
On-Site parking: Existing: N[A Required: 0 Proposed:
% Site coverage: Existing.-__A L,� Required: No L mrr Proposed.•
% Open Space: Existing: N]A—Required: Af I 1A Proposed:
Front Setback: Existing: N,A Required: 10' Proposed.
Rear Setback: Existing: W[Av_Required: 5 ' Proposed:
Combined F/R: Existing: NI A- —Required.-_ 1 S _Proposed.
Side Setback: Existing: A(IA Required: 5 Proposed:
Side Setback: Existing: N t� Required: 6' Proposed:
Combined Sides: Existing: r/ /k Required: 10' Proposed:
Distance Between Existing N'A- Required: 51 Proposed:
i
Buildings
Existing non-conformities or encroachments:
Variations requested:
riW N
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owIand+?.�roughton a
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architecture and urban design 00
TRANSMITTAL a a v
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O m(D
Project: 507 Gillespie o
3 < (D
Subject: Application for Establishment of TDR's `°
O O O
TO CO
Date: 03 April 2013 (D CO
To: Amy Guthrie
60 f
From: John Rowland Q W
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Via: Hand o A
3 W
Attachments: See Below °W o
If you do not receive all attachments listed above please call immediately. 0 W
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Attachments: W
• Pre-Application Conference Summary 2.26.13 W
• Signed fee agreement with payment
• Applicant representative authorization letter
• Title insurance company current certificate
• Notarized affidavit
• Proposed deed restriction
• (12) 8 1/2"x11" vicinity maps
• (12) Site improvement surveys
• (12) Written descriptions
• (N/A) Dimension drawings—The property is vacant and the proposal for Council is to reduce
the allowed floor area, with approval of a home using the remaining square footage pending
HPC.
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, (970) 429-2758 DATE: 2.26.13
PROJECT: 507 W. Gillespie
APPLICANT: Sarah Broughton and John Rowland
DESCRIPTION: HPC granted final design approval for a new house at 507 W. Gillespie through
Resolution #35, Series of 2007. The project has not been built and the contract purchasers will be
applying for a HPC approval of a Substantial Amendment that involves changes to the design and
materials.
The revised project is expected to leave at least 500 square feet of unbuilt floor area which is proposed
to be sold as TDRs. City Council has the authority to review and approve or disapprove the
establishment of TDRs during a noticed public hearing.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.535 Transferrable Development Rights
Land Use Code (including all code sections cited above):
http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-
Land-Use-Code/
Land Use Application form (only complete the fee agreement and Attachments 1 and 2)
http:Hwww.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%201and%20us
e%20app%20form.pdf
Review by: Staff for complete application, City Council for determination
Public Hearing: Yes. Only publication of notice is required.
Planning Fees: $1,300 (for a 4 hour deposit, billed at $325 per hour for over 4 hours)
Total Number of Application Copies: 12
To apply, please submit 1 copy of:
❑ Signed fee agreement with payment.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
1
And 12 copies of:
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land
surveyor, licensed in the state of Colorado.
❑ Dimensioned, scaled drawings of existing development and floor area analysis of all structures
on property. (In this case, an explanation that the property is vacant and the proposal
for Council is to reduce the allowed floor area, with approval of a home using the
remaining square footage pending at HPC.)
❑ A written description of the proposal and an explanation in written, graphic, or model form of
how the proposed development complies with the review standards relevant to the
development application. Please include existing conditions as well as proposed.
Applicants are advised that building plans will be required to meet the International Building Code as
adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure
that your application submittal addresses these building-related and accessibility regulations. You
may contact the Building Department at 920-5090 for additional information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement to Pay Application Fees
Anagreement between the City of Aspen ("City") and
Property T6 M. kw�G 644 q t,�,d Phone No.: q,—ID - ,3_fJ —q 9 0
Owner("I"): Email: i014K,# vwl d !D
Address of Billing Z3+ E, LI,Pk4vis Ai/ke
Property: it 0o Qspi e St= Address: CO $ U
(subject of � (send bills here)
application) � , CiD %
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$.0 flat fee for Select Dept $ 0 flat fee for Select Dept
$ 0 flat fee for Select Dept $ flat fee for 0 Select Review
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 1110 0 0-00 deposit for 4 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen: Property Owner:
Bdon
Corrnu ity Development Director Name:
I'1 pol
City Use: 0 Title: NI G( 4115 -
Fees Due. $ Received: $ PA4 UVWvi T)6QgyL_
Janua[Nr, '01
City of'Aspen I 130 S. Galena St. 1 (970) 920-5090
RECEIVED
ATTACHMENT 2-LAND USE APPLICATION APR 4 2013
PROJECT: ^ITY OF ASPS
Name:
�5 0 (n i l l e s (e COMMUNITY DEVEL®PMEN
B l J`d FaACt vl S i d►�r= 6411,5 /e fl i s H c ks GGG
Location: 11 q' w. (o ill 5 I✓
(Indicate street address, lot&block number, legal description where appropriate)
Parcel ID# REQUIRED Z'a' S 1 Z D
APPLICANT:
Name: ��1l� —"�
Address: Z +t 0 • 1(,ti s CQ 9 1 1!D
Phone#: �(�' d (.aD k K C Q
REPRESENTATIVE:
Name:
Address:
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(& SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
6M to /®�s lif xi5fi C' va/
PROPOSAL: (description of proposed buildings,uses,modifications,etc.
skAie
v6v- p �I Nh 5/ wig S ovf-�l�G
Ha ye you attached the following? FEE§DUE: $ _;'6'0 • 00
Pre-Application Conference Summary
Attachment#1, Signed Fee Agreement
Response to Attachment#3,Dimensional Requirements Form
,Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards t
❑ 3-D Model for large project AI A
All plans that are larger than 8.5"X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
W N
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°owland+broughton a63
architecture and urban design °,� o
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LETTER
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23 March 2013 (°
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Amy Guthrie 3
Historic Preservation Officer of Community Development °o co
City Hall
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130 S. Galena Street
Aspen, CO 81611
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PROJECT.• 507 Gillespie o W A
SUBJECT.- Applicant Authorization a
CC: N/A °W0
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Dear Amy, 3 W
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This letter acts as the applicant authorization for 507 Gillespie project. We are the owners of this W
property and will be representing ourselves through the Land Use Transferrable Development Rights W
application and the Historic Preservation Substantial Amendment application. W
Property:
507 W. Gillespie St.
Aspen, CO 81611
(Parcel #273512111007)
Applicant and Representative:
John Rowland, AIA + Sarah Broughton, AIA
Rowland+Broughton Architecture and Urban Design
234 E. Hopkins St.
Aspen, CO 81611
970-544-9006 office
970-379-9910 John cell
970-379-0111 Sarah cell
Signed,
— 4� /�Iw
�---__
John Rowland, AIA Sarah Broughton, AIA
Page 1 of 1
ALTA Commitment For Title Insurance
VYES"rc:cx:
LAND TITLE INSURANCE .COMPANY
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3FU FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Kim Shultz - (kim @sopris.net) TJ Davis - (tjd @sopris.net)
Joy Higens - (joy @sopris.net)
Issued By
WESTCOR
LANG TITLE INSURANCE COMPANY
Home Office:
201 N.New York Avenue,Suite 200
Winter Park,FL 32789
Telephone(407)629-5842
WESTCOR
LAND TITLE INSURANCE COMPANY
ALTA Commitment Form (6-17-06)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California Corporation,("Company'),for a valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the
land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company.
All liability and obligations under this Commitment shall cease and terminate within six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that
the failure to issue such policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws
on the date shown in Schedule A.
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
r
4�o4i'r �y�s BY= C
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Westcnr �d� I"etill�efll
L3 Titlo
a 4nu « pA
� Compwry T l)
1,993 �0 Attest: _ cc12_.fy; Gu�e�tJ
Secretary
Countersigned:
Authorized Signature
CO1045 * *
Pitkin County Title,Inc.
601 E.Hopkins#3
Aspen,CO 81611
CONDITIONS AND STIPULATIONS - - - -
1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument.
2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a
part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have
or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of
this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000.00 or
less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at http://www.alta.org.
I
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 16, 2013 at 8:00 AM Case No. PCT23649W3
2. Policy or Policies to be issued:
(a)ALTA Owner's Policy-(6/17/06) Amount$ 2,300,000.00
Premium$2,345.00
Proposed Insured: Rate: Re-Issue
JOHN ROWLAND and SARAH BROUGHTON
(b)ALTA Loan Policy-(6/17/06) Amount$ 1,725,000.00
Premium$ 125.00
Proposed Insured: Rate: Companion
TO BE DETERMINED
(c)ALTA Loan Policy-(6/17/06) Amount$
Premium$
Proposed Insured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOT B,
GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, recorded March 29, 2011 in
Plat Book 96 at Page 60.
PITKIN COUNTY TITLE, INC. Schedule A-PG.1
601 E. HOPKINS,ASPEN,CO.81611 This Commitment is invalid
970-925-1766 Phone/970-925-6527 Fax unless the Insuring
877-217-3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the-
estate or interest to be insured.
ITEM (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and
retained by the Company
2. Release of the lien for common assessments against 507 W GILLESPIE LLC, in the amount of$1492.04
recorded March 13, 2012 as Reception No. 587381 and lien recorded December 21, 2012 as Reception
No. 595136.
3. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing
registration of 507 W GILLESPIE, LLC and Statement of Authority and a copy of the Operating Agreement
of 507 W GILLESPIE, LLC evidencing the names and addresses of the Members and/or Managers
authorized to act on behalf of said Limited Liability Company.
4. NOTE:A Statement of Authority for 507 W Gillespie LLC was recorded June 21, 2011 as Reception No.
580665.
5. Duly executed and acknowledged Deed,
From : 507 W GILLESPIE, LLC,A COLORADO LIMITED LIABILITY COMPANY
To : JOHN ROWLAND and SARAH BROUGHTON
6. Deed of Trust from :JOHN ROWLAND and SARAH BROUGHTON
to the Public Trustee of the County of PITKIN
for the use of :THE LENDER TO BE INSURED HEREUNDER
to secure : $1,725,000.00
7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No.
20 (Series of 1979)and Ordinance No. 13 (Series of 1990) has been paid or exempted.
8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons,
corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to
be recorded)
10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required
by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in which the property is situated)
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records
1 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien,for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
I ecords or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June
8, 1888 in Book 55 at Page 2.
8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 20, Series of 2001
by Aspen City Council recorded August 13, 2001 as Reception No. 457449.
9. Terms, conditions, provisions and obligations as set forth in City of Aspen Ditch Relocation and Easement
Agreement recorded August 13, 2001 as Reception No. 457473
10. Terms, conditions, provisions and obligations as set forth in Subdivision Exemption Agreement for the
Beck Historic Subdivision and Historic Landmark Lot Split recorded August 13, 2001 as Reception No.
457474
11. Easements, rights of way and all matters as disclosed on Plats of subject property recorded August 13,
2001 in Plat Book 58 at Page 40 and recorded March 29, 2011 in Plat Book 96 at Page 60.
12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning
and Zoning Commission recorded December 10, 2001 as Reception No. 461617 as Resolution No. 1-19,
Series of 2001 and Resolutions of the Aspen Historic Preservation Commission recorded February 8,
2002 as Reception No. 463767 as Resolution No. 34, Series of 2001 and recorded October 24, 2002 as
Reception No. 473890 as Resolution No. 25, Series of 2001.
13. Terms, conditions, provisions and obligations as set forth in Easement for the Si Johnson Ditch recorded
July 28, 2004 as Reception No. 500141
14. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Setbacks recorded July
28, 2004 as Reception No. 500145
15. Terms, conditions, provisions and obligations as set forth in Resolutions of the Aspen Historic
Preservation Commission recorded April 27,2007 as Reception No. 537081 as Resolution No. 10, Series
of 2007 and recorded October 11, 2007 as Reception No. 542977 as Resolution No. 35, Series of 2007.
16. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded March 29, 2011
as Reception No. 578719
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS-(Continued)
17. Encroachment of fence on East and West sides of subject property and all matters as disclosed by
Improvement Survey Plat of Tuttle Surveying Services dated December 6, 2012.
i
ENDORSEMENT SCHEDULE FOR LENDERS POLICY
FILE NO: PCT23649W3
BORROWER: JOHN ROWLAND and SARAH BROUGHTON
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced
above:
Form: $
Form: $
Form: $
Form: $
Form: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final
title policy.
The fee for deleting exceptions 1 thru 3 is$50.00.
The fee for deleting exception 4 is$10.00 for Residential Property and $25.00 for Commercial Property.
Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon
evidence satisfactory that the Taxes for prior years have been paid in full.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and
materialmens liens, executed by the borrower and any additional parties deemed necessary by the
Company.The company hereby reserves the right to make additional requirements as may be deemed
necessary in the event additional facts regarding development, construction or other building or work are
disclosed to the company that may fall within any lien period as defined in the Statues of the State of
Colorado, and may result in additional premiums and/or fees for such coverage and any additional
requirements deemed necessary by the Company.
The Company hereby reserves the right to deny any of the above coverage's at its sole discretion.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23649W3
SELLER:
I
507 W GILLESPIE, LLC,A COLORADO LIMITED LIABILITY COMPANY
BUYER:
JOHN ROWLAND and SARAH BROUGHTON
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS: For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy.
The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is$50.00
A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse
claims, or other matters known by Seller and Buyer.
The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event
information regarding defects, liens, encumbrances, adverse claims, or the like are discovered.
The fee for deleting exception 4 is$10.00 for Residential Property and$25.00 for Commercial Property.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens
liens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts
regarding development, construction or other building or work are disclosed to the company that may fall within any lien
period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such
coverage.
NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by
the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS)
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1)The Deed of Trust, if any, required under Schedule B-Section 1.
(2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit)(i)of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided"Gap Coverage".
Pursuant to Senate Bill 91-14(CRS 10-11-122)
(a)The Subject Real Property may be located in a Special Taxing District;
(b)A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by
the Company and the costs thereof charged to the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of the Title Policy anticipated by this
Commitment.
Pursuant to House Bill 01-1088(CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a)There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b)That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request,the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be
insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic
or materialmen's liens shall be deemed void and of no effect.
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources: i
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
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of
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l
AMERICAN LAND TITLE
ASSOCIATION
COMMITMENT 6-17-06
WESTCOR
LAND TITLE
INSURANCE COMPANY
COMMITMENT
FOR
TITLE INSURANCE
HOME OFFICE
201 N.New York Avenue, Suite 200
Winter Park, Florida 32789
Telephone:(407)629-5842
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158 j
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE:PCT23649W3/JOHN ROWLAND and SARAH BROUGHTON
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We acknowledge the following items as it pertains to the establishment of historic TDB's for 507 W. Gillespie as o W
per Land Use Code 26.535.090.A.2 3
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a) A deed restriction will permanently encumber the sending site and restrict that property's development o A
rights to below that allowed by right by zoning according to the number of historic TDR certificates w
established from that sending site. W
b) For each certificate of development right issued by the City for that particular sending site, that property ` W
shall be allowed two hundred and fifty(250) square feet less of floor area, as permitted according to the
property's zoning, as amended.
c) The sending site property owner shall have not authority over the manner in which the certificate of
development right is used by subsequent owners of the historic TDR certificate.
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John Ro and and Sarah Broughton
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Subscribed and sworn to before �1FALLONBROOKE n
Me this 3 day of AP(-;\, ,-)o 3 FARO :
Notary Public:z — �(, 7j� �•
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Project: 507 Gillespie 3
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Project Description:
507 Gillespie is Lot B, a vacant lot created in 2001 as part of a two lot subdivision known as the Beck Historic W A
Landmark Lot Split. It is located at 507 West Gillespie Avenue in a R-6 residential zone district. The lot was first 0 w
created in 2001 with 4,572SF of land area but was adjusted to 5,086SF through a lot line adjustment recorded in W p
March of 2011. As part of both the Lot Split in 2001 and the Lot Line Adjustment in 2011, the lot has right by N °'
zoning for a maximum allowable floor area of 2,840SF.
This application is asking for a permanent deed restriction restricting the property's floor area to 2,340SF in
exchange for the establishment of (2) historic TDB's of 250SF each. This is a 500SF reduction in the allowed by
right zoning floor area (2,340SF instead of allowed 2,840SF).
26.535.070 Review criteria for establishment of a historic transferable development right
All of the standards outlined in this section of the Land Use Code have been met (as outlined below). 507 West
Gillespie is the sending site.
A. The sending site is in the R-6 zone district and has a single-family residence permitted use.
B. The sending site has the allowed by right zoning for a single-family residence with 2,840SF floor area.
This application seeks to create (2) historic TDB's of 250SF each, restricting the allowable floor area to
2,340SF on the sending site.
C. The establishment of TDR certificates will not create a nonconformity.
D. The sending site shall be allowed the development right by zoning for a single-family residence and shall
not include the potential to gain floor area bonuses, exemptions or similar potential development
incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to the property
after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the property(the
sending site)to an allowable floor area not exceeding the allowance for a single-family residence minus
250SF of floor area multiplied by the number of historic TDR certificates established.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the
City shall execute and deliver the applicable number of historic TDR certificates to the sending site
property owner and that property owner shall execute and deliver a deed restriction lessening the
available development right of the subject property together with the appropriate fee for recording the
deed restriction with the County Clerk and Recorder's office.
H. The sending site is a vacant lot and there is not built floor area.
Page 1 of 2
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515 GILLESPIE LLC 600 NORTH STREET LLC AMERY SALADIN
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ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN, CO 81611
ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC CHRIST EPISCOPAL CHURCH
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ELLIOTT ELYSE A TRUST FALENDER STEVEN & DEBRA FELDER RICHARD& DEBORAH LIV
610 NORTH ST 603 W GILLESPIE ST TRUST
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FOX SAM& MARILYN FRAZER WILLIAM R&JANE Z TRST GOLDSMITH JOHN & BARBARA L
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KOLBE EMILY E LEWIS ADAM J TRUST MONTENEGRO GRACE LLC
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500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST
ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN, CO 81611-1212
UHLFELDER NAOMI VANDERAA GILBERT T III WEST NORTH ASPEN LLC
111 EMERSON ST#1841 C/O HOOTENANNY LLC 4049 PENNSYIVANIA AVE#400
DENVER, CO 802183792 205 S MILL ST#226 KANSAS CITY, MO 64111
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9 1 araement 1 1
MEMORANDUM
TO: Mayor and Aspen City Council
THRU: Chris Bendon, Community Development Director Jr4
FROM: Justin Barker, Planner
RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable
Development Rights, Second Reading of Ordinance #25, Series
of 2013
MEETING DATE: August 12, 2013
SUMMARY: The subject property is a 5,086
square foot vacant lot. 507 W. Gillespie Street
is a historic designated site that was originally a
part of 515 W. Gillespie (the property to the
west) and was created as part of a historic lot
split in 2001. The house on 515 W. Gillespie
was originally on 507 W. Gillespie and was
relocated as part of the lot split. The property
was originally created at 4,572 square feet, with
an allowable FAR of 2,840 square feet. In
March 2011, a lot line adjustment added square man
footage from the properties to the east,
increasing the total lot area to 5,086 square feet.
The established allowable FAR from the lot
split was not changed by this lot size increase.
The applicant requests City Council approval to establish two (2) historic Transferable
Development Rights certificates for this property, reducing the allowable floor area for 507 W.
Gillespie by 500 square feet. Council is the decision-making authority on the establishment of
TDRs.
APPLICANTS: John Rowland & Sarah Broughton.
PARCEL ID: 2735-121-11-007.
ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line
Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
ZONING: R-6, Medium-density Residential.
Page I of 3
PRIOR APPROVALS:
• Historic Preservation Commission (HPC) Approvals
• In 2001, HPC approved partial demolition, relocation of the existing house and
a 500 square foot FAR bonus for 515 W. Gillespie.
• In 2007, HPC granted Final Major Development approval.'
• On June 12, 2013, HPC granted Amendment to Final Major Development
approval, reducing the approved FAR to 2,339 square feet.
• City Council Approvals
• In 2001, City Council approved a historic landmark designation and historic
landmark lot split for the property.2 507 West Gillespie (Lot B) was established
with an FAR of 2,840 square feet,prior to applicable lot area reductions.
• In 2010, City Council approved an extension of vested rights from HPC
Resolution No. 35, Series of 2007 through September 9, 2013.3
STAFF EVALUATION:
• The purpose of a TDR is to encourage the preservation of Historic Landmarks within the
City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-
historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor
Area. The TDR program enables standard market forces, and the demand for floor area
and increased unit sizes in specific zone districts, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment. Funds that are gained
from the sale of TDRs may be invested back into the landmark.
• The applicant requests approval from City Council to sever an additional 500 square feet
of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No
previous TDRs have been established for this property. After the approved development
order is acted upon, the resultant allowed FAR after the severance of two TDRs will be
2,340 square feet. This will accommodate the HPC approved house of 2,339 square feet.
• The review criteria found in Exhibit A analyze the existing built development on the
property against the maximum allowable floor area to determine the amount of unbuilt
development that can be turned into TDRs. Development that already received approval
is also analyzed as part of the review process for establishing TDRs.4 The property must
be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to
establish TDRs.
' HPC Resolution 35, Series of 2007.
2 City Council Ordinance 20, Series of 2001.
City Council Resolution 88, Series of 2010.
a See Exhibit A, criterion d.
Page 2 of 3
Floor Area Analysis for 507 W. Gillespie Avenue:
Total allowable floor area for a 5,086 square [2,400 + (2,0861100*28)] = 2,984 square
foot lot single family residence in R-6 zone feet allowable floor area
district
Total allowable floor area per Ordinance 20, 2,840 square feet allowable floor area for
Series of 2001 507 W. Gillespie Avenue
Available unbuilt floor area 2,840 square feet unbuilt floor area
(vacant lot)
Approved floor area per HPC Approval 2,339 square feet floor area approved
June 2013
Approve the establishment of 2 TDR [2,840—(250*2)] = 2,340 square feet
certificates at 250 square feet each remaining unbuilt floor area after severance
of TDRs
STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets
the applicable review criteria to Establish Transferable Development Rights and recommends
approval of the two (2) TDR certificates.
PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve
Ordinance No. 25, Series of 2013, authorizing the grant of two (2) Transferable Development
Rights Certificates for 507 W. Gillespie."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A—Review Criteria
Exhibit B—Application
Page 3 of 3
ORDINANCE #25
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE
HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH
29, 2011 IN PLAT BOOK 96 AT PAGE 60.
PARCEL ID #:2735-121-11-007
WHEREAS, the Community Development Department received an application from John
Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable
Development Right Certificates for the property located at 507 West Gillespie Street, Lot B,
Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60; and
WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a
vacant lot; 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, Justin Barker, Planner, in his staff report to City Council, performed an analysis of
the application, found that the review standards for 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: Transferable Development Rights
Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the
grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the
following conditions:
1. Upon satisfaction of all requirements, the city and the applicant shall establish a date
on which the respective Historic TDR Certificates shall be validated and issued by the
City and a deed restriction on the property shall be accepted by the City and filed with
the Pitkin County Clerk and Recorder.
507 W. Gillespie
Ordinance#25, Series of 2013
Page 1 of 3
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and
deliver the applicable number of Historic TDR Certificates to the property owner and
the property owner shall execute and deliver a deed restriction lessening the available
development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie
Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat
Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
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: 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC
Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60.
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.
507 W. Gillespie
Ordinance#25, Series of 2013
Page 2 of 3
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 5: Public Hearing
A public hearing on the ordinance shall be held on the 8th day of July, 2013, continued to the 12t�'
day of August, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of June, 2013.
Steven Skadron,Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted,passed and approved this day of , 2013.
Steven Skadron, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, City Attorney
507 W. Gillespie
Ordinance#25, Series of 2013
Page 3 of 3
EXHIBIT A
Section 26.535.070 Review Criteria for Establishment of Historic Transferable
Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark or property identified on the AspenModern
Map, on which the development of a single-family or duplex residence is a permitted
use, pursuant to Chapter 26.710. Properties on which such development is a
conditional use shall not be eligible.
Staff Finding: The proposed 5,086 square foot sending site is located within the
Medium-density Residential (R-6)zone district, which allows residential single-family
use. The sending site is a designated Historic Landmark, listed on the Aspen
Inventory of Historic Landmark Sites and Structures and is a vacant lot. Staff finds
this criterion to be met.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two-hundred and fifty
(250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding: The subject property has a total allowable FAR of 2,840 square feet
per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet
of floor area unbuilt on the site. Staff finds this criterion to be met.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Staff Finding: The establishment of two TDRs will not create or increase a non-
conformity. Stafffands this criterion to be met.
d) The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning for a single-family or duplex residence, and shall not include the
potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives.
Staff Finding: This is a two part analysis: 1) actual built development, i.e. the
existing condition of the property and 2) approved development.
Exhibit A
507 W. Gillespie
Page 1 of 3
Analysis of actual built development:
There is currently no development that exists on the lot. Per Ordinance No. 20,
Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to
develop.
Analysis of approved development:
The development proposal that was approved in 2007 received an extension of vested
rights per City Council Resolution No. 88, Series of 2010 lasting through September
9, 2013. The floor area of this approval was 2,760 square feet. The development
proposal received an Amendment to Final Major Development approval from HPC
on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two
(2) TDRs from the site will leave 2,340 square feet of allowable floor area. Stafffinds
this criterion to be met.
e) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be considered
null and void.
Staff Finding: The development order for the approval from 2007 has been amended
to reduce the floor area to 2,339. This would be within the limitations of the property
after establishment of two TDR Certificates. Stafffinds this criterion to be met.
f) The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for
a single-family or duplex residence minus two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates established. The deed
restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex
residence, as may be amended from time to time. The sending site shall remain
eligible for certain floor area incentives and/or exemptions as may be authorized by
the City Land Use Code, as may be amended from time to time. The form of the deed
restriction shall be acceptable to the City Attorney.
Staff Finding: The applicant clearly states an understanding of this standard(0 in the
application. Stafffinds this criterion to be met.
g) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic
TDR certificates to the sending site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of the
subject property together with the appropriate fee for recording the deed restriction
with the County Clerk and Recorder's office.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (g). Stafffinds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 2 of 3
h) It shall be the responsibility of the sending site property owner to provide building
plans and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of
built floor area.
Staff Finding: There is currently no built floor area on the property as it is a vacant
lot. Stafffinds this criterion to be met.
i) The sale, assignment, conveyance or other transfer or change in ownership of
transferable development rights certificates shall be recorded in the real estate records
of the Pitkin County Clerk and Recorder and must be reported by the grantor to the
City of Aspen Community Development Department within five (5) days of such
transfer. The report of such transfer shall disclose the certificate number, the grantor,
the grantee and the total value of the consideration paid for the certificate. Failure to
timely or accurately report such transfer shall not render the transferable development
right certificate void.
Staff Finding: The application demonstrates a clear understanding of the
requirements of section (i). Staff f nds this criterion to be met.
Exhibit A
507 W. Gillespie
Page 3 of 3