HomeMy WebLinkAboutordinance.council.24-2023ORDINANCE #24
(SERIES OF 2023)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 820 E. COOPER AVENUE, LOT P, BLOCK 111, CITY
AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-28-005
WHEREAS, the Community Development Department received an application from Lauren
Bullard, represented by BendonAdams, requesting establishment of Transferable Development
Rights (TDRs) for the property located at 820 E. Cooper Avenue, Lot P, Block 111, 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 TDRs; and
WHEREAS, as required by Municipal Code Section 26.535.070, the Historic Preservation
Commission reviewed the application on September 13, 2023, considered the recommendation
of the Community Development Department and recommended in favor of the establishment of
up to three (3) TDRs through Resolution 411, Series of 2023, by a vote of 5 to 0; and
WHEREAS, City Council has 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 (TDRs)
Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to
three (3) TDRs from 820 E. Cooper Avenue, with the following conditions:
1. The property owner may decide when and if, as warranted by the TDR market, the
development rights will be converted into certificates and sold.
Ordinance #24, Series of 2023
RECEPTION#: 699835, R: $23.00, D: $0.00 820 E. Cooper Avenue
DOC CODE: ORDINANCE Page 1 of 3
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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 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: Severabili!K
If any section, subsection, sentence, clause, ph -rase, 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 Hearing
A duly noticed public hearing on this Ordinance was held on the 28 th day of November, 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 PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14 th day of November 2023.
Attest:
Nicole Henning, City Clerk
Approved as to content:
Torre, Mayor
Ordinance #24, Series of 2023
820 E. Cooper Avenue
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FINALLY ado ted� P pP assed and a roved this day of G4,1
p , 023.
Approved as to form:
kt<es R. True, City Attorney
Attest:
Nicole Henning, City Clerk
Approved as to content:
Torre, Mayor
Ordinance #24, Series of 2023
820 E. Cooper Avenue
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