HomeMy WebLinkAboutordinance.council.024-16 ORDINANCE #24
(Series of 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
DENYING A REQUEST TO CREATE THREE TRANSFERABLE DEVELOPMENT
RIGHTS ON THE PROPERTY LOCATED AT 119 NEALE AVENUE, LOT 1,
BENEDICT CABIN SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-53-003
WHEREAS, 119 Neale Avenue, LLC, Jeffrey Sheaf, registered agent, requested approval
to create and sever three Transferable Development Rights (TDRs) at 119 Neale Avenue; and
WHEREAS, Section 26.535.070 of the Aspen Municipal Code establishes the process for
creation for Transferable Development Rights, which may be approved if City Council determines
sufficient evidence exists that the property meets the established review criteria; and
WHEREAS,Amy Simon,Historic Preservation Officer,in her staff report to City Council,
performed an analysis of the application, found that the review standards were met, and
recommended approval. City Council held a First Reading of this Ordinance on August 22, 2016
and a Second Reading on November 14, 2016, at which time Council tabled the Ordinance and
directed staff to address allegations of a zoning violation on the subject property. This was pursued
through a Municipal Court complaint which resulted in a finding of no violation. In taking this
Ordinance back up, Council repeated First and Second Readings; and
WHEREAS,the City Council finds that the proposal does not meet or exceed all applicable
development standards and that the approval of the development proposal is not consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS,the City Council finds that this Ordinance does not further and is not 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 above,the City Council denies the grant of three (3)Transferable
Development Rights from 119 Neale Avenue, Lot 1, Benedict Cabin Subdivision, City and
Townsite of Aspen, Colorado.
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.
Ordinance 24, Series 2016
119 Neale Ave TDRs
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Section3: Existing Litigation
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: Public Hearing
A public hearing on the ordinance was held on the 23rd day of October, 2017, 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 25'day of September, 2017.
qz
Steve Skad on, May
AT EAST: �
J
inda Manning, City Clerk
FINALLY, adopted, passed and approved this 23rd day of October, 2017.
S\L
Steven Skad n, Mayor
E T:
Linda Manning, City Clerk
APPROVED AS TO FO M:
'— �, vim'`•
/James R. True, City Attorney
Ordinance 24, Series 2016
119 Neale Ave TDRs
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