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HomeMy WebLinkAboutordinance.council.033-14 ORDINANCE No. 33 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710 ZONE DISTRICTS,OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft a code amendment to expand the ability to extinguish transferrable development right certificates (TDRs);; and, WHEREAS,pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the public and received referral comments from the Planning and Zoning Commission and the Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 9, 2014, the City Council directed staff to draft a code amendment to expand the ability to extinguish transferrable development right certificates (TDRs); and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Section 26.470; and, WHEREAS,the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed code amendments is to maintain a viable TDR program that preserves Aspen's historic landmarks by expanding the ability to land TDRs on non-landmark single family residences. Section 2: Aspen Land Use Code Section 26.710.040.D.11, Medium Density Residential (R-6) RECEPTION#: 615175, 11/06/2014 at TDR Code Amendment 09:23:29 AM, Ordinance 33, Series 2014 1 OF 4, R $26.00 Doc Code ORDINANCE Page 1 of 4 Janice K. Vos Caudill, Pitkin County, CO Zone District, Dimensional Requirements, in part shall read as follows: a. Each City of Aspen Historic Transferable Development Right certificate extinguished, pursuant to Section 26.535,Transferable Development Rights,shall allow an additional two hundred and fifty (250) square feet of Floor Area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on the inventory of historic sites and structures shall not be eligible for this Floor Area increase. Non-conforming uses and structures shall not be eligible for this Floor Area increase. No more than one (1)floor area increase shall be allowed per residence, with the following exceptions: b. Non-historic properties with a net lot area of 9,000 sf or larger that contain only a single family residence are eligible to extinguish up to two (2)historic TDRs. c. Properties within the same subdivision or planned development as a sending site may be specified as eligible for up to two (2) floor area increases per residence pursuant to the subdivision or planned development approval. The properties to be specified as eligible for up to two (2) floor area increases per residence shall be located within the same subdivision or planned development so as to enhance preservation of the historic resource, considering a recommendation from the Historic Preservation Commission, shall not be located adjacent to the sending site and shall be described and depicted in the subdivision or planned development approvals granted by City Council. The total number of floor area increases permitted within the subdivision or planned development shall not exceed an aggregate total of one (1) per non-historic residence within the entire subdivision or planned development. Section 3: Aspen Land Use Code Section 26.710.050.D.10, Moderate Density Residential (R-15) Zone District, Dimensional Requirements, in part shall read as follows: Each City historic transferable development right certificate extinguished,pursuant to Chapter 26.535,Transferable development rights, shall allow an additional two hundred and fifty(250) square feet of floor area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one(1)historic TDR. Properties listed on the inventory of historic sites and structures shall not be eligible for this floor area increase. Nonconforming uses and structures shall not be eligible for this floor area increase. No more than one (1) floor area increase shall be allowed per residence, with the following exceptions: a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a single family residence are eligible to extinguish up to two (2) historic TDRs. Section 4: Aspen Land Use Code Section 26.710.060.D.10, Moderate Density Residential (R- TDR Code Amendment Ordinance 33, Series 2014 Page 2 of 4 I5A) Zone District, Dimensional Requirements, in part shall read as follows: Each City historic transferable development right certificate extinguished, pursuant to Chapter 26.535, Transferable development rights, shall allow an additional two hundred and fifty (250) square feet of floor area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one(1) historic TDR. Properties listed on the inventory of historic sites and structures shall not be eligible for this floor area increase. Nonconforming uses and structures shall not be eligible for this floor area increase. No more than one(1)floor area increase shall be allowed per residence,with the following exceptions: a. Non-historic properties with a net lot area of 15,000 sf or larger that contain only a single family residence are eligible to extinguish up to two (2)historic TDRs. Section 5: Aspen Land Use Code Section 26.710.080.D.10,Low Density Residential (R-30) Zone District, Dimensional Requirements, in part shall read as follows: Each City historic transferable development right certificate extinguished,pursuant to Chapter 26.535,Transferable development rights, shall allow an additional two hundred and fifty(250) square feet of floor area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. Properties listed on the Inventory of Historic Landmark Sites and Structures shall not be eligible for this floor area increase. Nonconforming uses and structures shall not be eligible for this floor area increase. No more than one (1) floor area increase shall be allowed per residence, with the following exceptions: a. Non-historic properties with a net lot area of 30,000 sf or larger that contain only a single family residence are eligible to extinguish up to two (2)historic TDRs. Section 6: Effect Upon 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 7• Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 8: 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. TDR Code Amendment Ordinance 33, Series 2014 Page 3 of 4 Section 9: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become effective thirty(30)days following final passage. Section 10: A public hearing on this ordinance shall be held on the 27�"day of October, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be 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 13th day of October,2014. A est: Linda Manning,City C rk Steven Skadron,Mayor io FINALLY, adopted,passed and approved this 2711 d'ay of October,2014. A t: < 0 inda Manning, City Clerk Steven Skadron,Mayor Approved as to form: ,,.Id'mes R. True, City Attorney TDR Code Amendment Ordinance 33, Series 2014 Page 4 of 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.0.60 (E),ASPEN LAND USE CODE VDRESS OF PROPERTY: �a ,-7 �0nc4_mE(t-1 4-n �. ( ©� 0-spe"Pl,Aspen, CO SCHEDULED PUBLIC HEARING DATE: u-ne- "Cf 1 JQW 20114 STATE OF COLORADO ) ss. County of Pitldn ) I, C�L( r�'z i /t�G7 / e_. r� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of e Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section.of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of thepublication is attached hereto. Posting of 710tice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and.twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the _ day of , 20_, to and including the date and time of the public hearing. A photon aph of the posted notice (sib z) is attached-hereto. Maili71g of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to.. the public hearing, notice was hand delivered or mailed by first class postage ----re-aid U S mail to all owners of property within three hundred 300 feet of the propeiEy subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared`no more than sixty (60) days prior to the date of the public hearing. A copy of the 01timers and governme7ltal agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 077 next page) Mineral Estate ONnzer.Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty.(30).days prior to.the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimuin, Subdivisions, SPAS or PVDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezonblg or text:aniend»zent. Whenever the official zoning district map is i- any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning snap shall be available for public inspection in the planning. agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. aatuPre Aday ThAfigoin g"Affidavit of Notic " was a� owledged before me thisr7_ of 20 + by u (lr)�� i 1 _PUBLIC NOTICE �-------I RE:AMENDMENT TO THE CITY OF ASPEN TT T S S My HAND AND OFFICT A T SEAL LAND USE CODE YV.L 1 1 V D HAND 1J tiLV lJ 1 H NOTICE IS HEREBY GIVEN that a public hearing . . will be held on Monday June 9,2014,at a meeting- - cii,Co n at Cha p.m.before all,13 S.City Coun- cin, en to Chambers,City Hall,me S.Galena t of (� Aspen,to determine if an amendment to lhetext of- My S1O ex es: the Land Use Code should be pursued:The po-, . tential amendment would expand the landing sites for Transferrable_Development Right Certificates (TDRs). For further information,contact Sara Ad- ams at the Department 130f S Aspen Community St.,AspenDevelopment GO,(970)_ 429-2778,sara.adams®cityofaspen.com I - "N t 1C s/St. evenSkadron,Mayor CHRISTOPHER LUNDGREN Aspen City CouncilNOTARY PUBLIC Published in the Aspen Times on May 22,2014. I - .SLATE OF COLORADO (10203309) NOTARY ID 20144000722 ATTACHMENTS AS APPLICABLE: COMMISSION EXPIRES JAN.0s,2018 • COP Y OF THE P UBLICA TION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE 0RIAERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ® APPLICANT CERTIFICATION OFMINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3