HomeMy WebLinkAboutordinance.council.26-2023ORDINANCE #26
(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 TDRs;
WHERE)
HERE
applicable
WHEREA
WHEREA
romotion
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ection 1
1. The
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Ordinance #26, Series of 2023
216 W Hyman Avenue
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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.
action 2: Existing LitiLlation
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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: Public Hearing
A duly noticed public hearing on this Ordinance was held on the 23rd day of January, 2024 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 %J the City of Aspen on the 12th day of December 2023.
Attest: Approved as to content:
Nicole Henning, Cit� Clerk
Torre, Mayor
Ordinance #26, Series of 2023
216 W Hyman Avenue
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FINALLY, adopted, passed and approved this 23rd day of January, 2024.
Approved as to form:
times R. True, City Attorney
Attest:
Nicole Henning, City Clerk
Approved as to content:
Torre, Mayor
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Ordinance #26, Series of 2023
216 W Hyman Avenue
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