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Home My WebLink Aboutordinance.council.029-14 RECEPTION#: 614780, 10/23/2014 at 11:24:21 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE N0. 29, (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUBDIVISION AMENDMENT FOR THE DEVELOPMENT OF THREE MULTI-FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q,AND 1/, OF LOT O,BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application from Fat City Holdings manager Peter Fornell requesting approval of a Subdivision Amendment regarding Section 8.1 of Ordinance No. 21, Series of 2011; and, WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, City Council approved Ordinance No. 21, Series of 2011 granting Subdivision approval for an affordable housing development for 11 affordable housing units and 24.0 FTEs; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Amendment; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 21, Series of 2011, Section 8.1 Affordable Housing, is hereby amended and shall read as follows [emphasis added]: 1. The units shall be deed-restricted as "for sale" units in accordance with the requirements of Section 26.470.070.4(a-d) of the Municipal Code and the provisions of this Ordinance. Notwithstanding any provision to the contrary that Ordinance No. 29, Series of 2014 Page 1 of 3 may be contained in the Aspen Municipal Code or the Aspen/Pitkin County Housing Authority (APCHA) Guidelines, affordable housing units shall be sold to persons or households that meet the Qualifications to Purchase Affordable Housing as set forth in the APCHA Guidelines; and, who are selected through the Lottery Process as described in the APCHA Guidelines with the exception that the developer shall be entitled to select first purchaser for one of the affordable housing units, who qualifies as top priority for the unit and meets the APCHA Guidelines. After initial sale all units shall be sold through the Aspen/Pitkin County Housing Authority lottery system. 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 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 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 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. Section 5: A public hearing on this ordinance shall be held on the 22"d day of September, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLIS as irovided -law, by he City Council of the City of Aspen on the 9th day of SepteVf6er, 201 S ven Skadron, Mayor T ST: inda Manning, City Clerk Ordinance No. 29, Series of 2014 Page 2 of 3 FINALLY,adopted, passed and approved this 22nd day epte4vA e , 4 f f St ven Skadron, ayor ATTEST: Q!►� lN�" Linda Manning, ity Clerk APPROVED AS TO FORM: mes R. True, City Attorney Ordinance No. 29, Series of 2014 Page 3 of 3 Ad Name: 10514849A PUBLIC NOTICE RE: 518 W.MAIN STREET-AMENDMENT TO , Customer: Aspen (LEGALS) City of ORDINANCE NO.21,SERIES OF 2011 NOTICE Is HEREBY GIVEN that a public hearing • Your account number: 1013028 will be held on Monday,September 22,2014,at a regular meeting to begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall, 130 S.Galena St.,Aspen,to consider an applica- tion submitted bPROOF OF PUBLICATION Aspen,CC 8161 Pe eter The subject property is locat402 Midland - ed at 518 W.Main Street,legally described as Lots P,Q,and'/s of Lot Q,Block 30,City and Townsite T21 of Aspen,Colorado. The applicant requests an amendment to Section 8.1 of Ordinance No.21, Series of 2011.For further information,contact Sa- ra Adams at the City of Aspen Community Devel- opment Department,130 S.Galena St.,Aspen, CO,(970)429.2778,A11:1 TIM:: sara.adams@cityofaspen.com. s/StSTATE OF COLORADO, Aspen City Co n,Mayor Aspen City Council 20 b4ished in the Aspen Times on September a, COUNTY OF PITKIN Published in the Aspen Times Weekly on Septem- ber 4,2014.(10514849) I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under . Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 9/4/2014 and that the last publication of said notice was in the issue of said newspaper dated 9/4/2014. In witness whereof,I have here unto set my hand this 09/10/2014. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/10/2014. Pamela J.Schultz,Notary Public ® Commission expires:November 1,2015 'RY Pvel,� PAMELA J. SCHULTZ co� � My COmmnsitin Expiry 111018015 10514849 Ad Ticket#5 • Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA.SCOREY@a CITY Client: Caller: Angela ScoreyCity.: Aspen Receipt State: CO Zip: 81611 Ad Name: 10514849A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 09/04/14 Stop: 09/04/14 Color: Issue 1 Copyline: PN 518 amendment ATW 1051484 Rep: AT Legals • PUBLIC NOTICE RE: 518 W. MAIN STREET-AMENDMENT TO ORDINANCE NO.21, SERIES OF 2011 Lines: 28 NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 22, 2014, at a Depth: 2.35 regular meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, Columns: 1 130 S. Galena St., Aspen,to consider an applica- tion submitted by Peter Fornell, 402 Midland Park, Discount: 0.00 Aspen, CO 81611. The subject property is locat- ed at 518 W. Main Street, legally described as Lots Commission: 0.00 P, Q.and Y2 of Lot O,Block 30, City and Townsite of Aspen, Colorado. The applicant requests an Net: 0.00 amendment to Section 8.1 of Ordinance No. 21, Series of 2011.For further information,contact Sa- Tax' 0.00 ra Adams at the City of Aspen,Community Devel- opment Department, 130 S. Galena St., Aspen, Total 14.17 CO, (970) 429.2778, sara.adams®cityofaspen.com. Payment 0.00 s/Steve Skadron, Mayor Aspen City Council Published in the Aspen Times on September 4, 2014 Published in the Aspen Times Weekly on Septem- ber 4,2014.(10514849) Ad shown is not actual print size