HomeMy WebLinkAboutordinance.council.021-14 RECEPTION#: 614947, 10/29/2014 at
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1 OF 5, R $31.00 Doc Code ORDINANCE
ORDINANCE #21 Janice K. Vos Caudill, Pitkin County, CO
(Series of 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND
PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 301 LAKE
AVENUE,THE EAST 1/, OF LOT 5 AND ALL OF LOTS 6 AND 7,BLOCK 40,
HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-16-003
WHEREAS, the applicant, 301 Lake Avenue, LLC, represented by One Friday Design and Haas
Land Planning, submitted an application on May 22, 2014, pursuant to Aspen Municipal Code
Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day
landmark designation negotiation for the property located at 301 Lake Avenue; and
WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation
period, "the Community Development Director shall confer with the Historic Preservation
Commission, during a public meeting, regarding the proposed building permit and the nature of
the property. The property owner shall be provided notice of this meeting;" and
WHEREAS, the property owner and representative met with the Historic Preservation
Commission on June 11 and July 9, 2014; and
WHEREAS, at their regular meeting on July 9, 2014, the HPC considered the designation and
proposed development, and found that 301 Lake Avenue is a "best" example of modern
architecture in Aspen. HPC recommended City Council approval of Historic Landmark
Designation and negotiation of preservation benefits; and
WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council
may negotiate directly with the property owner or may choose to direct the Community
Development Director, or other City staff as necessary, to negotiate with the property owner to
reach a mutually acceptable agreement for the designation of the property"; and
WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable
agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee
waiver permitted by the Municipal Code and may award any approval that is assigned to another
Board or Commission, including variations;" and
WHEREAS, the Community Development Department performed an analysis of the application
for Landmark Designation and found that the review standards are met; 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,
Ordinance #21, Series of 2014
301 Lake Avenue, AspenModern Negotiation
Page 1 of 5
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,AS FOLLOWS:
Section 1: Historic Landmark Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves Historic Designation for 301 Lake Avenue, the east '/z of Lot 5 and
all of Lots 6 and 7, Block 40, Hallam's Addition to the City and Townsite of Aspen, Colorado,
subject to the conditions described herein.
The property owner shall have five (5) days from the date of adoption of the HPC Final Major
Development approval Resolution to provide the City with written agreement to voluntary
historic landmark designation and acceptance of the terms of this Ordinance. Otherwise, the
Ordinance shall be considered null and void in its entirety.
Upon the effective date of this ordinance, the City Clerk shall record with the real estate records
of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the
historic landmark property designated by this ordinance shall be indicated on the official maps of
the City that are maintained by the Community Development Department.
Section 2: Aspen Modern Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves the following incentives.
1. Transferable Development Rights. Council directs the Community Development
Department to issue the applicant one (1) Transferable Development Rights certificates.
2. Waiver of impact fees. Parks and TDM fees for the redevelopment of the site shall be
waived.
3. Dimensional Variances. The following variances are permitted related to the proposed
redevelopment of the site.
The project is permitted the maximum allowable floor area permitted for a duplex on this
property, plus a 500 square foot historic preservation floor area bonus and a 500 square
foot garage exemption. The fire hearth wall in the original house shall be exempted from
floor area up to 200 square feet.
The site coverage allowance shall be 48.3%.
A height variance is granted where needed adjacent to the central lightwell.
Setback variances are permitted, specifically: a variance on the west sideyard, only for the
purpose of a lightwell and/or stairwell to the basement(a minimum of 6 foot setback will be
Ordinance#21, Series of 2014
301 Lake Avenue, AspenModern Negotiation
Page 2 of 5
provided for these elements); a variance on the east sideyard, providing a 1 foot setback
above grade and a zero foot setback below grade; a variance of the combined sideyard
setback, providing 10 feet 3 inches; a variance of the rear yard setback at the garage,
providing 1 foot 6 inches; a variance at the addition, providing 1 foot 6 inches for living
space immediately adjacent to the garage and 3 feet 6 inches is provided for the rest of the
living area.
The project is granted a waiver from the Build-to-line Residential Design Standard and the
Building Orientation Standard.
4. Enroachment LicenseNacation The applicant is permitted to install landscaping in
public right of way along Lake Avenue, to the extent that it is approved by the Parks
Department.
5. Roof Deck: The applicant is permitted to construct a roof deck on the new addition so
long as the deck does not increase the floor area of the project beyond what has been
represented in the application. No roof deck may be located on top of the garage.
Section 3: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan and a
vested property right attaching to and running with the Subject Property and shall confer upon the
Applicant the right to undertake and complete the site specific development plan and use of said
property under the terms and conditions of the site specific development plan including any
approved amendments thereto. The vesting period of these vested property rights shall be for five
(5) years which shall not begin to run until the date of the publications required to be made as set
forth below. However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted
or extended, failure to properly record all plats and agreements required to be recorded, as
specified herein, within 180 days of the effective date of the development order shall also result
in the forfeiture of said vested property rights and shall render the development order void within
the meaning of§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific
development plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval by the Historic Preservation
Commission, the City Clerk shall cause to be published in a newspaper of general circulation
within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the
approval of a site specific development plan and creation of a vested property right pursuant to
Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such
notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of
five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
Ordinance #21, Series of 2014
301 Lake Avenue, AspenModern Negotiation
Page 3 of 5
property: 301 Lake Avenue, the east '/2 of Lot 5 and all of Lots 6 and 7, Block 40,
Hallam's Addition to the City and Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the Development Order from subsequent reviews and
approvals required by this Ordinance of the general rules, regulations and ordinances or the City
of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial review.
The period of time permitted by law to exercise the right of referendum to refer to the electorate
this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of
vested rights shall not begin to run until the date of publication of the notice of final development
approval as set forth above. The rights of referendum described herein shall be no greater than
those set forth in the Calorada Constitution and the Aspen Home Rule Charter. - - - -
Section 4: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Historic Preservation Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 5: Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6: 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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 7: Public Hearin
A public hearing on the ordinance was held on the 25`x' day of August, 2014 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.
The public hearing was continued to September 8, 2014.
Ordinance #21, Series of 2014
301 Lake Avenue, AspenModern Negotiation
Page 4 of 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28th day of July, 2014.
,y
Steven Skadron, Mayor
ATTE T:
:'NUNr
Li a Manning, City Clerk
FINALLY,adopted, passed and approved this 57 day of 2014.
Steven Skadron, Mayor
4� E ST•
nda Manning, City Clerk
APPROVED AS TO FORM:
es R. True, City Attorney
Ordinance #21, Series of 2014
301 Lake Avenue, AspenModern Negotiation
Page 5 of 5
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Ad Name: 10392198A PUBLIC NOTICE
GOTI LAKE AVENUE-ASPEN MODERN K n
Customer: Aspen (LEGALS) City of GOTIATI. FOR DES GNATIONY LANDMARK
Your account number: 1013028 NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,August 11,2014,at:�
meeting to begin at 5:00 p.m.before the Aspen \
City Council,in Council Chambers,City Hall,130
S.Galena Aspen consider an application
PROOF OF PUBLICATION submitted
by
submitted by 301 Lake
Avenue,LLC, en David _�
SuiteWillens,Manager, ton,NW Executive Center Dr., )
Suite 440,Boca Raton,Florida,33431,represent-IMI:
ed by One Friday Design and Haas Land Planning,
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affecting the property located at 301 Lake Avenue, C (/
the east%s of Lot 5 and all of Lots 6 and 7,Block
40,Hallam's Addition to the City and Townsite of i
Aspen,Colorado,Parcel ID#2735-124-16-003.
The applicant is proposing an addition to the exist-
ing house,along with voluntary landmark designa-
tion and negotiation for incentives through the As-
pen Modern program. For further information,
STATE OF COLORADO, contact Amy Simon at the City of Aspen Commu-
nity Development Department,130 S.Galena St.,
COUNTY OF PITKIN aspen.co0.(970)429-2758,amysimon@cityo-
sLSteven Skadron.Mater
L Aspen City Council
I,Jim Morgan, d0 Solemnly Swear that I am General Published in the Aspen Times on July 24th,2014
Manager of the ASPEN TIMES WEEKLY, that (10392198)
the same weekly newspaper printed,in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 7/24/2014 and that the last publication of
said notice was in the issue of said newspaper dated
7/24/2014.
In witness whereof,I have here unto set my hand
this 07/29/2014.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 07/29/2014.
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
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