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Home My WebLink Aboutordinance.council.010-2019 ORDINANCE #io (Series of 2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO CREATING TWO TRANSFERABLE DEVELOPMENT RIGHTS AT THE PROPERTY LOCATED AT 119 NEALE AVENUE, LOT 1, BENEDICT CABIN SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-53-003 WHEREAS, 119 Neale Avenue, LLC, Jeffrey Shoaf, registered agent, requests approval to create and sever two Transferable Development Rights (TDRs) at 119 Neale Avenue (the "Property"); and WHEREAS, creation of these TDRs is an obligation agreed to by City Council through their approval, via Resolution #41, Series of 2019, of a Settlement Agreement in the case of 119 Neale Avenue, LLC V. The City of Aspen, Pitkin County District Court, Case #2017CV30131; and WHEREAS, Section 26.535.070 of the Aspen Municipal Code establishes the process for creation for Transferable Development Rights, which shall be approved if City Council determines sufficient evidence exists that the property meets the established review criteria; and WHEREAS, Amy Simon, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards were met, and recommended approval; and WHEREAS,the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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 1:Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby authorize the grant of two (2) Transferable Development Rights from 119 Neale Avenue, Lot 1, Benedict Cabin Subdivision, City and Townsite of Aspen, Colorado which TDRs shall be deducted from the total allowable floor area for the Property, with the following conditions: Ordinance io,Series 2019 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 119 Neale Ave TDRs RECEPTION#: 656766, R: $28.00, D: $0.00 Page 1 of 4 DOC CODE: ORDINANCE Pg 1 of 4,0611912019 at 03:51:01 PM Janice K.Vos Caudill, Pitkin County, CO 1. 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. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR 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, 119 Neale Avenue, Lot 1, Benedict Cabin Subdivision, City and Townsite of Aspen, Colorado, 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. No TDR certificate shall be issued by the City prior to the demolition of the shed pursuant to the terms of the Settlement Agreement entered in District Court Case #2017CV30131. 3. Per the Settlement Agreement in the case of 119 Neale Avenue, LLC V. The City of Aspen, Pitkin County District Court, Case #2017CV30131, current and future owners of 119 Neale Avenue are prohibited from submitting applications for additional TDRs for the Property. 4. This Ordinance shall be recorded with the Pitkin County Clerk and Recorder, shall run with the land, and shall be binding upon 119 Neal Avenue LLC and Jeffrey Shoaf as registered agent,their successors and assigns. The deed restriction, and the calculation of allowable floor area on the subject site, shall not encumber an approximately 785 square foot area along the northern boundary of the site described in a Quit Claim Deed recorded with the Pitkin County Clerk and Recorder at Book 799, Page 660, Reception Number 387385• Section 2: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. Section3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided,and the same shall be construed and concluded under such prior ordinances. Section 4:Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three(3)years from the date of issuance of a development order. However, Ordinance 10,Series 2019 119 Neale Ave TDRs Page 2 of 4 any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein,within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14)days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen,a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title.Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 119 Neale Avenue. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.07o(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance was held on the 13" day of May, 2019, 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 PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of April, 2019. r. Steven Skadron, Mayor AT,fEST• "Linda Manning, City Clerk Ordinance lo,Series 2019 it9 Neale Ave TDRs Page 3 of 4 FINALLY,adopted, passed and approved this%,_;day of Ki. 209. Steven Skadron, Mayor ATTEST: Oayv �ivi Linda Manning, City Clerk/ APPROVED AS TO FORM: James R.True,City Attorney Ordinance 10,Series 2019 119 Neale Ave TDRs Page 4 of 4