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Home My WebLink Aboutresolution.apz.017-08Resolution No. 17 (Series of 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OFASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE FOLLOWING CHAPTERAND SECTION OF THE CITY OFASPEN LAND USE CODE OF THE CITY OFASPEN MUNICIPAL CODE: SECTION 26.535, TRANSFERABLE DEVELOPMENT RIGHTS (TDR) WHEREAS, the Planning Director of the Community Development Department recom- mends the following amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to the following Chapter and Section of the Land Use Code, Title 26 of the Aspen Municipal Code: SECTION 26.53$, TRANSFERABLE DEVELOPMENT RIGHTS (TDR) WHEREAS, pursuant to Section 26.310, applications to amend the text ofTitle 26 of the Municipal Code shall be reviewed and recommended for approval, approval with condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval ofthe proposed amendments, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: ^ Text being removed is bold red and strikethrough. Iil~e-tlli~ ^ Text being added is bold green and underline. Text bein:r added looks like this. Text which is not highlighted is not affected. WHEREAS, the Planning and Zoning Commission held a public hearing to con- sider the proposed amendments to the above noted Chapter and Section on May 20, 2008, took and considered public testimony and the recommendation of the Community Devel- opment Director and recommended, by a 6-0 vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sec- tions of the Land Use Code, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Resolution 17, Series 2008 Page 1 of 4 Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- missionhereby recommends City Council amend Section 26.535.010 Purpose, to add and delete the following: 26.535.010 Purpose. The purpose of this Chapter is to encourage the preservation of Historic Landmazks, those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, within the City of Aspen by permitting those property owners to sever and convey, as a separate devel- opmentright, undeveloped Floor Area to be developed on a different e~teu-lristerie prop- ertywithin the City of Aspen. The program enables standard market forces, and the demand for residential Floor Area, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Section 26.535.030 Applicability and Prohibitions, to add and delete the following: Section 26.535.030 Applicability and Prohibitions. This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Cer- tificate, known as Receiving Sites. City of Aspen Historic TDR Certificates may onlybe used within the city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if and as may be permitted by the Pitkin County land Use Code. Pitkin County TDRs are not eligible for extinguishment within the City of Aspen. Sending Sites shall include all properties within the City of Aspen designated as a Historic Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, in which the development of asingle-family or duplex home is a permitted use, according to Chapter 26.710, Zone Districts. Properties on which such development is acon- ditionaluse shall not be eligible. Sending Sites may also be established through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445. Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designate a Historic Landmazk after establishment of transferable development rights, pursuant to Chapter 26.415. Receiving Sites shall include all properties in the City of Aspen permitted additional develop- ment rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts~et-ix- . A property designated as a His- toric Landmark may only be a receiving site if the purpose of the TDR is to exceed the multi-family unit size established in certain zone districts that allow for an increase in size through the use of a TDR. A property may also be designated as a Receiving Site through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445. Resolution 17, Series 2008 Page 2 of 4 The allowable development extinguishment of a Historic TDR Certificate varies depending upon the zone district of the Receiving Site and the use ofthe land. Chapter 26.710, Zone Dis- tricts, describes the development allowance for each Historic TDR Certificate extinguished. A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City re-issue the certificate acknowledging the new owner. Re-issuance shall not require re-adoption of an ordinance. The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or guarantee the monetary value of a Historic TDR Certificate. The Community Development Director shall establish policies and procedures not inconsistent with this Chapter for the printing of certificates, their safe-keeping, distribution, recordation, control, and extinguishments. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Section 26.535.080 Review Criteria for Extinguishment of a Historic Transferable Development Right, to add and delete the follow- ing: 26.535.080 Review Criteria for Extinguishment of a Historic Transferable Development Right. Historic TDR Certificates maybe extinguished to accommodate additional development e€-a if the community Development Director finds the fol- lowing standards have been met: A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the re- stricting document permits the extinguishment of Historic TDR Certificates for addi- tional development rights. B. The Receiving Site is eligible to receive an increase in development rights as specified in Chapter 26.710, according to the zone district and the land Use, or as oth- erwise specified in a Final PUD Plan for the property. A property designated as a Historic Landmark may only be a receiving site if the purpose of the TDR is to exceed the multi-family unit size established in certain zone districts that allow for an increase in size through the use of a TDR. C. All other necessary approvals for the proposed development on the Receiver Site, as established by this Title, have been obtained. D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for re- demption. Resolution 17, Series 2008 Page 3 of 4 E. The applicant has submitted the necessary materials for a building permit on the Re- ceiverSite, pursuant to Section 26.304.075, Building Permit, and the additional devel- opment can be accommodated on the Receiver Site in conformance with all the other relevant requirements. F. Prior to, and a condition of, issuance of a building permit for a development requiring the extinguishment of a Historic TDR Certicate(s), the applicant shall assign and de- liverthe authentic certificate(s) to the City of Aspen whereupon the certificate(s) shall be marked "extinguished." G. The Community Development Director shall issue a letter confirming the extinguish- ment ofthe TDR Certificate(s) and increasing the available development rights ofthe Receiver Site. The applicant may wish to record this document with the Pitkin County Clerk and Recorder. The confirmation letter shall not stipulate an absolute total Floor Area, but shall stipulate a square footage increase from the allowable Floor Area, ac- cording to the zone district and land use of the Receiver Site at the time of building permit submission. The Receiver Site shall remain subject to amendments to the al- lowableFloor Area and eligible for certain Floor Area Incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the confirmation letter shall be acceptable to the City Attor- ney. H. The development allowed on the Receiver Site by extinguishment of Historic TDR Certificate(s) shall be that allowed in Chapter 26.710, according to the zone district and the land use, or as otherwise specified in a Final PUD Plan for the receiver Site and shall not permit the creation of anon-conforming use or stmcture. Section 4• This Resolution 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 5• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- sonheld 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. APPROVED by the Commission during a public hearing on May 20, 2008. APPROVED AS TO FORM: PL N AND ZONING COMMISSION: City Attorney LJ Er p er, Chai ATTPST: _ cw kie Lothian, Deputy City Clerk Resolution 17, Series 2008 Page 4 of 4