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ordinance.council.22-20 ORDINANCE #022 (Series of 2020) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK NEGOTIATION FOR THE PROPERTY LOCATED AT 211 W.HOPKINS AVENUE,LOTS F AND G,BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-63-003 WHEREAS,the applicant,Matt Joblon,205 S. Detroit Street, Suite 400,Denver,CO 80206,with the consent of property owner Vaughan Capital Partners, LP has requested approval for AspenModern Historic Designation for the property located at 211 W.Hopkins Avenue,Lots F and G, Block 53, City and Townsite of Aspen, Colorado; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the application, which was deemed to be complete on October 2, 2020, initiated a 90-day period of negotiation that may be extended if no agreement has been reached before expiration. Since the review process could not be completed within 90 days,City Council,through Resolution #104, Series of 2020, granted a 30-day extension of the negotiation period, from December 31, 2020 to January 30, 2021; 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 representatives met with the Historic Preservation Commission on October 28, 2020 and November 18, 2020; and WHEREAS,at their regular meeting on November 18,2020,the HPC considered the designation and proposed development, and found that 211 W. Hopkins Avenue is a "best" example of AspenModern era architecture. HPC recommended City Council approval of preservation benefits by a 5 to 0 vote; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period,"council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;"and Ordinance#022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 1 of 4 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, 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 Desienation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby finds that 211 W. Hopkins Avenue,Lots F and G,Block 53,City and Townsite of Aspen,Colorado meets the criteria for landmark designation as an AspenModern historic resource. 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 benefits for the approved redevelopment of the property associated with this historic designation. Tree Removal Fee Waiver Granting of tree removal permits and waiver of all tree mitigation fees. Expedited Permit Review The building permit shall be subject to expedited building permit review consistent with the Building Department's adopted procedure. Floor Area Bonus A floor area bonus of 135 square feet of enclosed space and 19 square feet to be used for larger outdoor decks is approved. Setback Variation A rear yard setback reduction of 2', allowing the new residential unit to be 8' from the rear lot line on all floors is approved. Ordinance#022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 2 of 4 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 three (3) 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 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: 211 W. Hopkins Avenue, Lots F and G, Block 53, 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 Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Ordinance#022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 3 of 4 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. Section 7: Public Hearing A duly noticed public hearing on this Ordinance was held on the 12a,day of January,2021 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 8th day of December,2020. FINALLY,adopted,passed, and approved by a_to_vote on this 12th day of January, 2021. Approved as to form: Approved as to content: 'James R.True,City Attorney Torre,Mayor ,,,--Attest: Nicole Henning,City Clerk Ordinance#022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 4 of 4