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Home My WebLink Aboutordinance.council.025-13 RECEPTION#: 606032, 12/02/2013 at 11:01:21 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO. 25 Janice K.Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT,RECORDED MARCH 29, 2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, during a public hearing on August 12, 2013, the Aspen City Council approved Ordinance No. 25, Series 2013,by a five to zero (5-0)vote; 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 in Section 1, above, the City Council does hereby authorize the grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: 507 W. Gillespie Ordinance#25, Series of 2013 Page 1 of 3 I. 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. 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 (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) 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. 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. Section 3: Existing Litip-ation 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 Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, 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, including Final Major Development and Commercial Design Reviews by the HPC,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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60. 507 W. Gillespie Ordinance#25, Series of 2013 Page 2 of 3 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 26.304.070(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 shall be held on the 8t1i day of July, 2013, continued to the 12'1' day of August, 2013, 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 /,pro' ided by law, by the City Council of the City of Aspen on the 241h day of June, 2013. St ven S a on, ayor AT�ST: Kathryn Koch,5v Clerk FINALLY, adopted,passed and approved this 1 day o : Steven Ska ron,Mayor ATTEST: Kathryn Koch, i Clerk APPROVED AS TO FORM: ,-' Jim True, City Attorney 507 W. Gillespie Ordinance#25, Series of 2013 Page 3 of 3 Ad Name: 9304597A LEGAL NOTICE ORDINANCE#25,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#25.Series of 2013,was adopted on first reading at the City Council meeting June 24. Your account number: 1013028 2013. This ordinance,if adopted will approve 2 transferable density rights for 507 W.Gillespie. The public hearing on this ordinance is scheduled for July 8,2013.at 5 PM,City hall.130 South Ga- lena. PROOF OF PUBLICATION To see the entire text,go to the city's legal rode,, websfte http://www.aspenpitkln.com,Departmenls/Clerks Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T21 A:?11 TIME: Published in the Aspen Times Weekly or June 27, 2-13. [9304597) STATE OF COLORADO, COUNTY OF PITKIN 1, Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in wvhole or in part and published in the County.of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and. entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/27/2013 and that the last publication. of said notice was in the issue of said newspaper dated 6/27/2013. In witness whereof,I have here unto set my hand. this 07/12/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public: in and for the County of Garfield,State of Colorado this 07/12/2013. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 ,�p,RY Pie' �O.:•' •.lam PAMELA J. SCHULTZ 9 OP M➢C011111 sion Expires MTJU 015