HomeMy WebLinkAboutresolution.council.114-00 I IIIIII IIIII IIIIII IIIIII III IIIII IIIIIIilll IIIII IIII IIII
450594 01/19/2001 02:35P RESOLUT! D;IVXS SXLVX
1. of' 2 R 10.00 D 0.00 N 0.00 PXTKXN COUNTY CO
RESOLUTION NO..~_~
(Series of 2000)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING A SUPPLEMENT TO'TIlE ASPEN
MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT
AND SUBDIVISION AGREEMENT RELATED TO LOTS 8, 9 AND 10,
ASPEN MEADOWS SUBDMSION, CITY OF ASPEN, COLORADO
Parcel ID #2735-121~29004
Parcel ID #2735-121-29005
Parcel ID #2735-121-29006
WHEREAS, pursuant to the Aspen Meadows Specially planned Area Development and
Subdivision Agreement the Aspen City Council is authorized to consider the appropriateness of
something other than an on-site Accessory Dwelling Unit deed restricted to mandatory occupancy
for housing mitigation; and
WHEREAS, Medicine Bow Equity Venture, LLC, owner, represented by Michael J.
Herron has agreed to provide $158,536.80 cash-in-lieu p~r lot, as well as having the option of
maintaining a 500 square foot voluntary occupancy Accessory DWelling Unit on-site for each lot
rather than said approval described below; and
WHEREAS, the applicants are permitted through the Specially Planned Area approval to
build a 4,540 square foot single family residence which includes an on-site Accessory Dwelling
Unit of 500 square feet, which must be rented under the low income guidelines of the Housing
Authority, and a 500 square foot garage exemption; and
WHEREAS, the Accessory Dwelling Unit for each lOt must be deed restricted to
mandatory occupancy, per the Aspen Meadows Specially Planned Area Development of
Subdivision Agreement, if the owner of said lot does not pay the $158,536.80 in housing
mitigation.
NOW, THEREFORE BE IT RESOLVED by the City Council:
Section I
That the supplement to the Aspen Meadows Specially Planned Area Development and Subdivision
Agreement related to Lots 8, 9 and 10, Aspen Meadows Subdivision be approved with the
following conditions:
1. If the owner so elects, the $158,536.80 cash-in-lieu for each lot must be paid prior to the
issuance of building permits;
2. Any voluntary Accessory Dwelling Units are required to meet the Accessory Dwelling Unit
guidelines pursuant to Section 26.520, with the exception of the FAR exemptions;
,/~. The Accessory Dwelling Units for Lots 9 and 10 mugt be deed restricted to either voluntary
or mandatory occupancy prior to building permit; '
4. The deed restriction for the Accessory Dwelling Unit on Lot 8 must be filed within fourteen
(14) days of the approval date of this ResolUtion, or a stop work order will be issued on
construction until said deed restriction is filed.
Section 2
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 3
This Ordinance shall not effect 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 4
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..
APPROVED by the City Council at its regular meeting on November 13, 2000.
Attest: Ma : ~
APPROVED AS TO FORM:
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