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Home My WebLink Aboutordinance.council.030-08ORDINANCE N0.30 (SERIES OF 2008) - AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING THREE (3) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 541 RACE ALLEY, LOT 6 OF THE FOX CROSSING SUBDIVISION, CITY OF ASPEN, PITHIN COUNTY, COLORADO PARCEL N0.2737-073-92-006. WHEREAS, the Community Development Department received an application from Fox Crossing Partners, LLC, 601 East Hopkins Avenue, Suite 202, Aspen, CO represented by Stan Clauson Assoicates, Inc., 412 East Hyman Avenue, Aspen, CO, requesting the establishment of three (3) Historic Transferable Development Right Certificates for the property located at 541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City of Aspen, Colorado; and, WHEREAS, the subject property is zoned R-6 (Medium Density Residential); and, WHEREAS, 541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City and „", Townsite of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070 Review Criteria for the Establishment of Historic Transferable Develoument Right. A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: a) The Sending Site is a Historic Landmark 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. 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. +.. Ordinance No. 30, Series 2008 Revised 1/9/2009 S4lracestreet_ordinance.doc Page 1 of 4 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 ,,, d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by Zoning, and shall not include the potential of the Sending Site 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 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, 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 of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. ~ Areal 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 Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Slte 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. WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions; of the proposed establishment of three (3) Historic Transferable Development Rights; and, WHEREAS, on September 22"d, 2008 the Aspen City Council approved Ordinance No. 30, Series 2008, on First Reading by a four to zero vote, approving with conditions the establishment of three (3) Historic Transferable Development Right Certificates for the property located at 541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City of Aspen, Colorado; and, WHEREAS, during a duly noticed public hearing on November 24`h, 2008, the Aspen City Council approved Ordinance No. 30, Series 2008, by a five (5) to zero (0) vote, approving with conditions the establishment of three (3) Historic Transferable Development Right Certificates for the property located at 541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City of Aspen, Colorado; and, ,~Y Ordinance No. 30, Series 2008 Revised 1/9/2009 541 racestreet_ordinance.doc Page 2 of 4 WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has ~,.. taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish three (3) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with 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 welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standazds and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish three (3) Historic Transferable Development Rights of 250 square feet of Floor Area each to the sending site located at 541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City of Aspen, Colorado 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. 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 (541 Race Alley, Lot 6 of the Fox Crossing Subdivision, City of Aspen) by 750 square feet together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. 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 construed 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 Ordinance No. 30, Series 2008 ~... Revised 1/9/2009 541racestreet_ordinance.doc Page 3 of 4 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. r... Section 5: A public hearing on the ordinance will be held on the 24~h day of November, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d day of September, 2008. Michael C. Ireland, Mayor Attest: ~`~~~ Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved this 24 day of November, 2008. /~ v... Michael C. Ireland, Mayor Attest: Kathryn S ~ och, C-ty Clerk Approved as to form: [~~. Joh orces er, City Attorney is Ordinance No. 3Q Series 2008 Revised 1/9/2009 541racesheet ordinance.doc Page 4 of 4