HomeMy WebLinkAboutOrdinance No. 04 Series of 2021 - 212 N. Monarch CC FirstReadingOrdinance No. 04, Series of 2021
212 North Monarch Street
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ORDINANCE NO. 04
(SERIES OF 2021)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 212 NORTH MONARCH STREET, THE SOUTH SIXTY-
TWO FEET OF LOTS A, B, AND C, BLOCK 78, CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN, STATE OF COLORADO
PARCEL ID: 2737-073-17-003
WHEREAS, the Community Development Department received an application from the
applicants, Philip R Hodgson and Patricia Hodgson Family Trust, represented by Alan Richman
Planning Services, Inc., for the property located at 212 North Monarch Street, City and Townsite
of Aspen, Colorado, requesting approval for the following:
• Transferable Development Rights (TDR) - Section 26.535 for the establishment of up to
two (2) 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
two (2) 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 two (2) TDRs through Resolution #004,
Series of 2021, by a vote of five to zero (5 – 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. 04,
Series of 2021, on First Reading; and,
WHEREAS, during a duly noticed public hearing on March 9, 2021, the Aspen City
Council approved Ordinance No. 04, Series of 2021, on Second Reading by a ____ to ____ ( __ –
__ ) vote, approving the establishment of up to two (2) TDRs; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
Ordinance No. 04, Series of 2021
212 North Monarch 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
two (2) TDRs from the 212 North Monarch Street with the following conditions:
1. Commencing with the severing of the first TDR from the property, the maximum floor area
for the lot shall be 3,031 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 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:
A duly noticed public hearing on this Ordinance was held on the 9th day of March, 2021 at 5:00 PM
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Ordinance No. 04, Series of 2021
212 North Monarch Street
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INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on the 9th day of March, 2021.
Attest: Approved as to content:
____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed and approved this _____ day of __________, 2021.
Approved as to form: Approved as to content:
____________________________ ____________________________
James R. True, City Attorney Torre, Mayor
Attest:
____________________________
Nicole Henning, City Clerk