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Home My WebLink Aboutordinance.council.028-14 RECEPTION#: 614782, 1012312014 at 11:24:23 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #28 (Series of 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING TWO TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 1006 E. COOPER AVENUE, LOT L AND THE WEST 10' OF LOT M, BLOCK 34,CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #: 2737-182-32-004 WHEREAS, the applicant, Raymond J.H. Stover Jr. and Mary L. Stover, represented by Rowland + Broughton Architects, has requested two Transferable Development Rights for the property located at 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, 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 two (2) Transferable Development Rights for 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, 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 1006 E. Cooper Avenue Ordinance #28, Series of 2014 Page 1 of 3 development right of the Sending Site, 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, City and Townsite of Aspen, 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. Section 2: 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 3: 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 4: Vested Rights 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: 1006 E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, City and Townsite of Aspen. 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 1006 E. Cooper Avenue Ordinance #28, Series of 2014 Page 2 of 3 date of publication of the notice of final development approval as required under Section 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 October, 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 8"' day of September, 2014. Stev Skad on, Mayor g inda ST: Manning, City Cle k FINALLY,adopted, passed and approved this day of(DA(- , 2014. Steven Skadro , l�yor -ILW4inda T: anni ng, City Clerk APPROVED AS TO FORM: *Js True, City Attorney 1006 E. Cooper Avenue Ordinance#28, Series of 2014 Page 3 of 3 Mul19 JCP LLy LV 1't ■v.vv.vv �'//� 10575179 Ad Ticket#5 ` 0AA Vj Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA.SCOREY@a CITY Client: , Caller: Angela Scorey City: Aspen Receipt State: CO zip: 81611 Ad Name: 10575179A Original Id: 10575103 Editions: 8ATI/8ATW/ Class: 0990 Start: 09/25/14 Stop: 09/25/14 Color: Issue 1 Copyline: atw 1006 E. COOPER AVENUE Rep: AT Legals PUBLIC NOTICE RE:1006 E. COOPER AVENUE- ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS Lines: 29 NOTICE IS HEREBY GIVEN that a public hearing Depth: 2.43 will be held.on Monday, October 13, 2014, at a meeting to begin at 5:00 p.m. before the Aspen Columns: 1 City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen,to consider an application sub- Discount: 0.00 mitted by Ray and Lou Stover. 914 Waters Avenue, #21, Aspen. CO 81611..affecting their property lo- Commission: 0.00 cated at 1006 E. Cooper Avenue. Lot L and the west 10' of Lot M, plus a tract of land situated in Lot Net: 0.00 K. Block 34; City and Townsite of Aspen, PID #2737-182-32-004. The.applicants request approv- al to convert 500 square feet of unused floor area . Tax: into two Transferable Development Rights, to.be constructed elsewhere in the city. For further in- Total 1,4.67 formation,contact Amy Simon at the City of Aspen Community Development Department, 130 S. Ga- lena St., Aspen, CO (970) 429-2758, Payment 0.00 amy.simon C?cityofaspen.com. s/Steven Skadron, Mayor Aspen City Council Published in The Aspen Times on September 25, 2014. (10575179) Ad shown is not actual print size