HomeMy WebLinkAboutordinance.council.006-02 ORDINANCE NO. 6
(SERIES OF 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING COMMERCIAL DEVELOPMENT AND AFFORDABLE
HOUSING DEVELOPMENT ALLOTMENTS FOR THE MURPHY
DEVELOPMENT PROPOSAL, 615 EAST BLEEKER STREET, LOT #2
GIGNOUX-LYNCH SUBDIVISION, CITY OF ASPEN.
Parcel No. 2737.073.51.004
WHEREAS, the Community Development Department received an application
(known as the Murphy Development proposal) from George Murphy, owner of Lot #2
Gignoux-Lynch Subdivision, for 1,800 square feet of commercial growth management
allocations for a 600 square foot expansion of an existing commercial building (being
reconstructed), conversion to commercial of an existing 1,200 square foot residential
storage building, and three one-bedroom affordable housing units to be constructed at 615
East Bleeker Street, City of Aspen; and,
WHEREAS, the Murphy Development also proposes reconstruction of an
existing 1,000 square foot commercial building for which growth management
allocations are not necessary; and,
WHEREAS, pursuant to Sections 26.304 and 26.470.080 of the City of Aspen
Land Use Code, land use applications requesting growth management allotments are
reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a
duly noticed public hearing after considering recommendations by the Community
Development Director, and members of the general public. The scoring is then forwarded
for acceptance to the Pitkin County Board of County Commissioners and the Aspen City
Council and development allotments may then be allocated by Ordinance by the Aspen
City Council at a duly noticed public hearing after considering recommendations by the
Community Development Director, and members of the general public; and,
WHEREAS, during a duly noticed public hearing on January 15, 2002, the
Aspen/Pitkin County Growth Management Commission considered the recommendation
of the Community Development Director, the recommendation of the AsperffPitkin
County Housing Authority Board of Directors, and testimony offered by the general
public, considered the project for initial and final scoring, found the proposal meeting or
exceeding the necessary scoring, and recommended, by a ten to zero (10-0) vote, City
Council allocation of 1,800 square feet of commercial and three affordable housing
development allotments for the Murphy Development proposal, subject to the conditions
of approval listed in GMC Resolution 01, Series of 2002; and,
WHEREAS, pursuant to Resolution No.27, Series of 2002, the Pitkin Comity
Board of County Commissioners has accepted the scoring recommended by the Growth
Management Commission; and,
Ordinance No. 6, Series of 2001
Page 1
WHEREAS, pursuant to Section 26.304 of the Land Use Code, City Council may
exempt affordable housing in compliance with the AspetffPitkin County Housing
Authority Guidelines after considering a recommendation from the Aspen/Pitkin County
Housing Authority and the comments offered by the general public at a duly notice public
hearing; and,
WHEREAS, the AsperffPitkin County Housing Authority has recommended
approval of the proposed units; and,
WHEREAS, the Aspen 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 recommendation of the Growth Management Commission, the
AsperffPitkin County Housing Authority, the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards, accepts the recommended scoring by the
Growth Management Commission, and finds that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; 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 COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
The Murphy Development Proposal is hereby awarded three (3) affordable housing
development allotments and 1,800 square feet of commercial development allotment
pursuant to the conditions of approval listed in Growth Management Resolution 01,
Series of 2002.
Section 2:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the
AsperffPitldn County Growth Management Commission, or the Aspen 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 other specific conditions.
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
Ordinance No. 6, Series of 2001
Page 2
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4:
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.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pit!dh County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance shall be held on the 1 lth day of March, 2002, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City'ofAspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City ~Council of the City of Aspen on the 11~ day of February, 2002.
FINALLY, adopted, passed and approved this Jt/ day of~/-.,~Q2002.
Approved as to form:
John 1~. W~c~ster, City Attorney
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Ordinance No. 6, Series of 2001
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