HomeMy WebLinkAboutordinance.council.03-2023ORDINANCE #3
(SERIES OF 2023)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 216 W. HYMAN AVENUE, LOTS O AND P, BLOCK 53,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-63-006
WHEREAS, the Community Development Department received an application from Ann
Mullins, represented by BendonAdams, requesting establishment of Transferable Development
Rights (TDRs) for the property located at 216 W. Hyman Avenue, Lots O and P, Block 53, City
and Townsite of Aspen; and
WHEREAS, the Community Development Department reviewed the proposed application for
compliance with the applicable review standards and recommended in favor of the establishment
of Transferable Development Rights (TDRs); and
WHEREAS, as required by Municipal Code Section 26.535.070, the Historic Preservation
Commission reviewed the application on January 11, 2023, considered the recommendation of
the Community Development Department and recommended in favor of the establishment of up
to two (2) TDRs through Resolution #1, Series of 2023, by a vote of 6 to 0; and
WHEREAS, City Council lias 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 (TDB
Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to
two (2) TDRs from 216 E. Hyman Avenue, with the following conditions:
1. The property owner may decide when and if, as wan•anted by the TDR market, the
development rights will be converted into certificates and sold.
11111111111111111IIIII IIIII111111111111111111111111111111111111111111111111 Ordinance #3, Series of 2023
RECEPTION#: 693782, R: $23.00, D: $0.00 216 W. Hyman Avenue
DOC CODE: ORDINANCE
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Ingrid K. Grueter, Pitkin County, CO
2. Upon satisfaction of all requirements, the City and the applicant shall establish a date on which
a deed restriction on the property shall be accepted by the City and filed with the Pitkin County
Clerk and Recorder, and Historic TDR Certificates shall be validated and issued by the City.
3. Commencing with the severing of the first TDR from the property, the maximum floor area for
all development on the lot shall be reduced by 250 square feet for each TDR Certificate issued.
4. Existing and proposed floor area calculations shall be verified for compliance by the City of
Aspen Community Development Department 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: SeverabilitV
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 Hearin
A duly noticed public hearing on this Ordinance was held on the 281 day of February, 2023 at
5:00 PM 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 PUBLISED as provided by law, by the City
Council of the City of Aspen on the 24t' day of January, 2023.
Attest:
Nicole Henning, Cit - Clerk
Approved as to content:
Torre, Mayor
Ordinance 43, Series of 2023
216 W. Hyman Avenue
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FINALLY, adopted, passed and approved thisATqay of�dl g.023.
Approved as to form:
ames R. True, City Attorney
Attest:
Nicole Henning, City erk
Approved as to content:
Torre, Mayor
Ordinance #3, Series of 2023
216 W. Hyman Avenue
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