HomeMy WebLinkAboutordinance.council.032-06
ORDINANCE NO. 32
(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 403 W.
HALLAM STREET, LOTS I AND THE EAST Y, OF LOT H, BLOCK 36 CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID #: 2735-124-33-005.
WHEREAS, the applicant, Stanley Gibbs and Mary Janss, have requested the
establishment of two (2) Historic Transferable Development Right Certificates for the
sending site located at 403 W. Hallam Street, Lot I and the East y, of Lot H, Block 36,
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 Riehl.
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,
finding 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 un built 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 clements 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 docs hereby establish two (2) Historic Transferable Development
Rights of 250 square feet of Floor Area to the sending site located at 403 W. Hallam
Street, Lots I and the cast Y, of Lot H, Block 36, 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 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 (403
West Hallam Street, Lots I and the east y, of Lot H Block 36 City and
Townsite of Aspen) by 500 square feet together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's
Office.
Section 3:
This Ordinance shall not effect 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 hcld 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 pr
Council of the City of Aspen on the 10th day of
A
FINALLY, adopted, passed and approved this 28th day of August, 20
Approved as to form:
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JIlhnP. orcester, City Attorney