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DOC CODE: ORDINANCE
ORDINANCE NO. 03 Pg 1 of 3,05/14/2021 at 02:01:22 PM
(SERIES OF 2021) Janice K.Vos Caudill, Pitkin County,CO
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 314 WEST MAIN STREET, LOT B, 'HISTORIC
LANDMARK LOT SPLIT AT 320 WEST MAIN STREET, ACCORDING TO THE
FINAL PLAT RECORDED SEPTEMBER 3, 2003 IN PLAT BOOK 66 AT PAGE 32,
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
PARCEL ID: 2735-124-41-011
WHEREAS, the Community Development Department received an application from the
applicants, 314 West Main LLC, represented by BendonAdams LLC, for the property located at
314 West Main Street, Lot B, Historic Landmark Lot Split at 320 West Main Street, according to
the Final Plat Recorded September 3, 2003 in Plat Book 66 at Page 32, City and Townsite of
Aspen, Colorado, requesting approval for the following:
• Transferable Development Rights (TDR) - Section 26.535 for the establishment of up to
three (3) TDRs, 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
three(3) TDRs for this site; and
WHEREAS, the Historic Preservation Commission reviewed the application on
February 24, 2021, 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 up to three (3) TDRs through Resolution #05,
Series of 2021,by a vote of four to zero (4—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, on March 9, 2021, the Aspen City Council approved Ordinance No. 03,
Series of 2021,on First Reading; and,
WHEREAS, during a duly noticed public hearing on April 13, 2021, the Aspen City
Council approved Ordinance No. 03, Series of 2021, on Second Reading by a five to zero (5 —0)
vote, approving the establishment of up to three(3)TDRs; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
Ordinance No. 03, Series of 2021
314 West Main Street
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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 up to
three (3)TDRs from the 314 West Main Street with the following conditions:
I. Commencing with the severing of the first TDR from the property, the maximum floor area for
all development on the lot shall be 2,520.4 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 issued 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 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 3: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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: Public Hearing
A duly noticed public hearing on this Ordinance was held on the 13t' day of April, 2021 at 5:00 PM
in the City Council Chambers, Aspen City Hall,Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on the 9'i'day of March, 2021.
Ordinance No. 03, Series of 2021
314 West Main Street
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Attest: Approved as to content:
Nicole Henning, City-Clerk Torre,Mayor
FINALLY, adopted,passed and approved this 13th day of April, 2021.
Approved as to form: Approved as to content:
James R. True, City Attorney Torre,Mayor
Attest:
Nicole Henning, City Clerk
Ordinance No. 03, Series of 2021
314 West Main Street
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