HomeMy WebLinkAboutordinance.council.046-13 RECEPTION#: 613363, 09/10/2014 at
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1 OF 3, R $21.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE #46
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING THREE TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 549 RACE ALLEY,LOT 5, FOX CROSSING SUBDIVISION,
CITY AND TOWNSITE OF ASPEN,COLORADO
PARCEL ID #: 2737-073-92-005
WHEREAS, the applicant, Race Alley LLC, represented by Charles Cunniffe Architects, has
requested three Transferable Development Rights for the property located at 549 Race Alley, Lot
5, Fox Crossing Subdivision, City and Townsite of Aspen, Colorado.; and
WHEREAS, for City Council approval of Transferable Development Rights, the application
shall meet the requirements of Municipal Code Section 26.535.070; and
WHEREAS, Amy Simon, Historic Preservation Officer, in her staff report to City Council,
performed an analysis of the application, found that the review standards for Transferable
Development Rights are met, and recommended approval; and
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the development proposal is consistent with the goals and
elements of 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 welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Transferable Development Rights
Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the
grant of three (3) Transferable Development Rights for 549 Race Alley, Lot 5, Fox Crossing
Subdivision, City and Townsite 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 (549 Race Alley, Lot 5, Fox Crossing
Subdivision, City and Townsite of Aspen, Colorado) by 250 square feet per TDR
549 Race Alley
Ordinance #46, Series of 2013
Page 1 of 3
together with the appropriate fee for recording the deed restriction with the Pitkin
County Clerk and Recorder's Office.
Section 2: Severabilitv
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 3: E_'xisting 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 4: Vested Ri hts
The Land Use entitlements granted herein shall be vested for a period of three (3) years from the
date of issuance of a development order. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in the forfeiture of said vested property rights.
Unless otherwise exempted or extended, failure to properly record all plats and agreements
required to be recorded, as specified herein, within 180 days of the effective date of the
development order shall also result in the forfeiture of said vested property rights and shall
render the development order void within the meaning of Section 26.104.050 (Void
permits). Zoning that is not part of the approved site-specific development plan shall not result
in the creation of a vested property right.
No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, including Final Major Development and
Commercial Design Reviews by the HPC,the City Clerk shall cause to be published in a newspaper
of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the
general public of the approval of a site specific development plan and creation of a vested property
right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan, and
the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,pertaining to the
following described property: 549 Race Alley, Lot 5, Fox Crossing Subdivision, City and Townsite
of Aspen, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
date of publication of the notice of final development approval as required under Section
549 Race Alley
Ordinance #46, Series of 2013
Page 2 of 3
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 5: Public Hearin
A public hearing on the ordinance shall be held on the 13th day of January, 2014, 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 provided by law, by the City
Council of the City of Aspen on the 11',day of November, 2013.
StevenSkadr , Maor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted,passed and approved this day of)6i 201.4
ATTES Stevd6 Skadr n;Mayor
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
/Jes—R. True, City Attorney
549 Race Alley
Ordinance 446, Series of 2013
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