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Home My WebLink Aboutordinance.council.031-06 ORDINANCE NO. 31 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING TWO (2) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 100 E. BLEEKER STREET, LOT K BLOCK 65 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID #: 2735-124-37-005. WHEREAS, the applicant, Nancy Spears, represented by Mitch Haas of Haas Land Planning LLC, has requested the establishment of two (2) Historic Transferable Development Right Certificates for the sending site located at 100 E. Bleeker Street, Lot K, Block 65, City and Townsite of Aspen, Colorado; and WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070. Review Criteria for the Establishment of Historic Transferable Development Rieht. A Historic TOR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, linding all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. f) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. WHEREAS, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, pursuant to Sections 26.535.040 of the Municipal Code, the City Council may establish Historic Transferable Development Rights during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Community Development Director; and WHEREAS, the City Council finds that the application meets or exceeds all applicable standards and that the establishment of Historic Transferable Development Rights 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 I The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish two (2) Historic Transferable Development Rights of 250 square feet of Floor Area to the sending site located at 100 E. Bleeker Street, Lot K, Block 65, City and Townsite of Aspen, Colorado with the following conditions: I. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TOR 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 TOR 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 (100 East Bleeker Street, Lot K Block 65 City and Townsite of Aspen) by 500 square feet with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: 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 construed and concluded under such prior ordinances. Section 4: 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 5: A public hearing on the ordinance will be held on the 28th day of August, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provi Council of the City of Aspen on the 10th day of July, 2006. FIN ALL Y, adopted, passed and approved this 28th day of August, Approved as to form: 7 /'I((~/}1(4h John P. Worces er, City Attorney ,: