HomeMy WebLinkAboutordinance.council.006-2020 ORDINANCE#06
• (SERIES OF 2020)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF ONE TRANSFERABLE DEVELOPMENT RIGHT FOR THE
PROPERTY LOCATED AT 920 EAST HYMAN AVENUE, LOT N, BLOCK 32, CITY
AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
PARCEL ID: 2737-182-06-005
WHEREAS, the Community Development Department received an application from the
applicant, Larian LLC, for the property located at 920 East Hyman Avenue, Lot N, Block 32,
City and Townsite of Aspen, Colorado, requesting approval for the following:
• Transferable Development Right (TDR) - Section 26.535 for the establishment of one (1)
TDR, representing the remaining residential development allowed on this historic parcel.
WHEREAS, the Community Development Department reviewed the proposed
application, found that the review standards were met, and recommended in favor of establishing
one (1) TDRs for this site; and
WHEREAS, the Historic Preservation Commission reviewed the application on January
22, 2020, during which the recommendations of the Community Development Department were
heard by the Historic Preservation Commission (HPC),.and the Commission recommended in
favor of the establishment of one (1) TDR through Resolution#003, Series of 2020, by a vote of
six to zero (6—0).
WHEREAS, City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendations of the Community Development Director and the Historic Preservation
Commission;and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; 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 ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
AS FOLLOWS:
Section 1: Transferable Development Rights (TDR)
Pursuant to the findings set forth above, the City Council does hereby authorize the creation of one
(1) TDRs from the 920 East Hyman Avenue with the following conditions:
I
hill IIN 1111111IIIIII11111111111111111111111111111111111111111 Ordinance#06, Series of 2020
RECEPTION#: 665965, R: $23.00, D: $0.00 920 East Hyman Avenue
DOC CODE: ORDINANCE
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Janice K.Vos Caudill, Pitkin County, CO
1. Commencing with the severing of the TDR from the property, the maximum floor area for
the lot shall be 2,400 square feet minus 250 square feet for each TDR Certificate issued.
2. 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. The property owner may decide when and if, as warranted by
the TDR market,the development rights will be converted into certificates and sold.
3. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver
the applicable number of Historic TDR Certificates on the property owner and the property
owner shall execute and deliver a deed restriction lessening the available development right
of the Sending Site by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
4. All calculations shall be verified by The City prior to the issuance of Historic TDR
Certificates.
Section 2: Existing Litization
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 3: 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 4•
A duly noticed public hearing on this Ordinance was held on the 91h day of June, 2020 at 5:00 PM in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of May, 2020.
ttest: Approved as to content:
�1
Nicole Henning, ity erk Torre,Mayor
FINALLY, adopted, passed and approved this 9th day of June, 2020.
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Ordinance #06, Series of 2020
920 East Hyman Avenue
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Approved as to form: Approved as to content:
i�= 7WIE..—
lames
R. True, City Attorney Torre, Mayor
A st:
Nicole Henning, City C erk
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Ordinance#06, Series of 2020
920 East Hyman Avenue
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