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Home My WebLink Aboutordinance.council.022-19 ! III II III III I I I II I I IIII III I IIII III II I II I III II RECEPTION#: 660896. R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4, 12/03/2019 at 02:11.35 PM Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 22 (SERIES OF 2019) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 616 '/Z WEST MAIN STREET, UNIT B, 616 WEST MAIN CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE 616 WEST MAIN CONDOMINIUMS RECORDED OCTOBER 6, 2005 UNDER RECEPTION NO. 515825 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED OCTOBER 19, 2005 AS RECEPTION NO. 516418, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO PARCEL ID: 2735-124-44-010 WHEREAS, the Community Development Department received an application from the applicants, Barbara Halperin, Alexandra Halperin, and Dan Sadowsky, represented by Stan Clauson Associates. Inc., for the property located at 616 `/2 West Main Street, Unit B. 616 West Main Condominiums, City and Townsite of Aspen, Colorado, requesting approval for the following: • Transferable Development Rights (TDR) - Chapter 26.535 for the establishment of up to three (3) TDRs, representing unused residential development 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 three (3) TDRs for this site: and WHEREAS, the Historic Preservation Commission reviewed the application on August 14, 2019, during which the recommendations of the Community Development Department were heard by the Historic Preservation Commission (HPC), the Commission recommended in favor of the establishment of up to three (3) TDRs through Resolution #15. Series of'2019, by a vote of seven to zero (7 —0). WHEREAS, City Council has reviewed and considered the development proposal tinder 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 September 9, 2019, the Aspen City Council approved Ordinance No. 22, Series of 2019, on First Reading: and, WHEREAS, during a duly noticed public hearing on October 8, 2019, the Aspen City Council continued the public hearing to October 22, 2019, approved Ordinance No. 22, Series of 2019, on Second Reading by a four to one (4 — 1) vote. approving the establishment of up to three (3)TDRs; and, Ordinance No. 22. Series of 2019 616 '/2 West Main Street, Unit B Page I of 4 WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards: 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section l: Transferable Development Rights (TDR) Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to three (3) TDRs from the 616 West Main Condominiums with the tollowing conditions: 1 . Commencing with the severing of the first TDR from the property, the maximum floor area for the lot to sever TDRs shall be 2,400 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 tiled with the Pitkin Countv 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. 5. No further HPC floor area bonus shall be granted to or received by Unit B. 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: 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, any failure Ordinance No. 22. Series of 2019 616 % West Main Street, Unit B Page 2 of 4 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 requirements that are 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 properties: 616 '/2 West Main Street, Unit B. 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• A duly noticed public hearing on this Ordinance was held on the 22"d day of October. 2019 at 5:00 PM in the City Council Chambers, Aspen City Hall. Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City Council of the City of Aspen on the 8"' day of October. 2019. Attest: Approved as to content: Linda Manning, City Cler c Torre, Mayor Ordinance No. 22. Series of 2019 616 '/2 West Main Street. Unit 11 Page 3 of 4 FINALLY, adopted. passed and approved this 22"`' day of October. 2019, Approved as to form: Approved as to content: ames R. True, City Attorney Torre, Mayor Attest: Linda Manning, City Cl rk Ordinance No. 22. Series of 201 1) 616 '/2 West Main Street. Unit 13 Page 4 of 4