HomeMy WebLinkAboutordinance.council.016-08ORDINANCE #16
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 26.535 OF THE ASPEN MUNICIPAL
CODE, TRANSFERABLE DEVELOPMENT RIGHTS
WHEREAS, the amendments requested relate to the following Chapter and
Section of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.535- Transferable Development Rights
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning 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 of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to
consider 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 Development Director and recommended, by a x-x vote, City Council
adopt the proposed amendments to the land use code by amending the text of the above
note Chapters and Sections of the Land Use Code, as described herein; and
WHEREAS, the amendments to the Land Use Code are delineated as follows:
•Text being removed is bold red and strikethrough.
Iike-this
•Text being added is bold green and underline. Text beine added looks like this.
^ Text which is not highlighted is not affected.
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
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
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 Landmarks,
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 development right, undeveloped Floor Area to be developed on a different end
nen-histerie property within 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, City Council hereby amends
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
Certificate, known as Receiving Sites. City of Aspen Historic TDR Certificates may only
be 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 a conditional use 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 al] properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone
Districts, °°' • ^'°a' °~'•~ a° ^'°a A property
may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies
depending upon the zone district of the Receiving Site and the use of the land. Chapter
26.710, Zone Districts, 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, City Council hereby amends
Section 26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right, to add and delete the following:
26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right.
Historic TDR Certificates may be extinguished to accommodate additional development
if the community Development Director
finds the following standards have been met:
A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the
restricting document permits the extinguishment of Historic TDR Certificates for
additional 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 otherwise specified in a Final PUD Plan for the property.
C. Al] 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
redemption.
E. The applicant has submitted the necessary materials for a building permit on the
Receiver Site, pursuant to Section 26.304.075, Building Permit, and the additional
development 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 deliver the 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
extinguishment of the TDR Certificate(s) and increasing the available
development rights of the 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, according 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 allowable Floor 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 Attorney.
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
structure.
Section 4: 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 5: 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 6•
A public hearing on the ordinance was held on the 9th day of June, 2008, 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 pr~ d by ~w, by the ity
Council of the City of Aspen on the 27th day of May, 2008. ~~/J ~. ,
Michael C. Ireland, May
ATTEST:
Kathryn Koch, ity Clerk
FINALLY, adopted, passed and approved this 9th day of June, 2008.
Michael C. Ir land, Mayor
ATTEST:
~_
Kathryn Koch ity Clerk
APPROVED AS TO FORM:
Jo Worcester, City Attorney