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HomeMy WebLinkAboutordinance.council.03-2023ORDINANCE #3 (SERIES OF 2023) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 216 W. HYMAN AVENUE, LOTS O AND P, BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-63-006 WHEREAS, the Community Development Department received an application from Ann Mullins, represented by BendonAdams, requesting establishment of Transferable Development Rights (TDRs) for the property located at 216 W. Hyman Avenue, Lots O and P, Block 53, City and Townsite of Aspen; and WHEREAS, the Community Development Department reviewed the proposed application for compliance with the applicable review standards and recommended in favor of the establishment of Transferable Development Rights (TDRs); and WHEREAS, as required by Municipal Code Section 26.535.070, the Historic Preservation Commission reviewed the application on January 11, 2023, considered the recommendation of the Community Development Department and recommended in favor of the establishment of up to two (2) TDRs through Resolution #1, Series of 2023, by a vote of 6 to 0; and WHEREAS, City Council lias reviewed and considered the development proposal under 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, 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 1: 'Transferable Development Rights (TDB Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to two (2) TDRs from 216 E. Hyman Avenue, with the following conditions: 1. The property owner may decide when and if, as wan•anted by the TDR market, the development rights will be converted into certificates and sold. 11111111111111111IIIII IIIII111111111111111111111111111111111111111111111111 Ordinance #3, Series of 2023 RECEPTION#: 693782, R: $23.00, D: $0.00 216 W. Hyman Avenue DOC CODE: ORDINANCE Pg 1 of 3, 03/21/2023 at 08:39:35 AM Page 1 of 3 Ingrid K. Grueter, Pitkin County, CO 2. Upon satisfaction of all requirements, the City and the applicant shall establish a date on which a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder, and Historic TDR Certificates shall be validated and issued by the City. 3. Commencing with the severing of the first TDR from the property, the maximum floor area for all development on the lot shall be reduced by 250 square feet for each TDR Certificate issued. 4. Existing and proposed floor area calculations shall be verified for compliance by the City of Aspen Community Development Department prior to the issuance of Historic TDR Certificates. 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: SeverabilitV 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: Public Hearin A duly noticed public hearing on this Ordinance was held on the 281 day of February, 2023 at 5:00 PM 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 PUBLISED as provided by law, by the City Council of the City of Aspen on the 24t' day of January, 2023. Attest: Nicole Henning, Cit - Clerk Approved as to content: Torre, Mayor Ordinance 43, Series of 2023 216 W. Hyman Avenue Page 2 of 3 FINALLY, adopted, passed and approved thisATqay of�dl g.023. Approved as to form: ames R. True, City Attorney Attest: Nicole Henning, City erk Approved as to content: Torre, Mayor Ordinance #3, Series of 2023 216 W. Hyman Avenue Page 3 of 3