HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows.A14400
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
H
A 144-00
2735-121-29007
Suppliment to Meadows SPA
Lots 8, 9, 10 Aspen Meadows Subdivision
Sarah Oates
SPA Supplement
Medicine Bow Equity Venture, LLC
Micheal Herron
11/13/00
Reso. 114-2000
Approved
8/3/01
J. Lindt
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MEMORANDUM
TO: Mayor and City Council
THRU:
Steve Barwick, City Manager 7'
Julie Ann Woods, Community Development Director.
Joyce Ohlson, Deputy Director ...
Sarah Oates, Zoning Officer ~
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FROM:
RE:
Supplement to the Aspen Meadows SPA Agreement regarding
Lots 8, 9 and 10, Aspen Meadows Subdivision
.
DATE:
November 13, 2000
SUMMARY:
As part of the Aspen Meadows Specially Planned Area (SPA) Agreement approved
by the City of Aspen in 1992, Lots 7, 8, 9 and 10 were approved as free-market lots
with one single-family home per lot. The owners were also required to build an
Accessory Dwelling Unit (ADU) of 500 square feet above grade on each lot, to be
deed restricted to the low-income rental guidelines (Category 1) as determined by the
Housing Authority. The ADUs are required to be leased to a renter of the owner's.
choice. Each lot was allocated 500 square feet of floor area for the purpose of
providing an ADU. In May 2000, City Council reviewed and approved a proposal by
the buyers of Lot 7 to provide andY-site housing unit that would be added to the
Housing Authority pool of units for sale, and maintain the on-site unit on Lot 7,
Aspen Meadows Subdivision as a voluntary ADU.
The owner of Lots 8, 9 and 10 is now requesting a modification to the original SPA
Agreement so that the ADUs provided on-site are not required to be leased. The
applicants have proposed to pay $158,536.80 per lot and to have the option of
providing a voluntary occupancy 500 square foot ADU, and in exchange, the
mandatory occupancy requirement for the ADUS will be eliminated. The
$158,536.80 reflects the current cash-in-lieu amount for the proposed residences
($34.92 per square foot for 4,540 square feet of allowable floor area).
The Community Development Department is recommending approval of the proposal
to provide $158,536.80 per lot, with the option of providing a voluntary occupancy
500 square foot ADU, in exchange for lifting the mandatory occupancy requirement
on the ADUs.
ApPLICANT:
The applicants are Medicine Bow Equity Venture, LLC, represented by Michael J.
Herron.
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REVIEw PROCEDURE:
As part of the Aspen Meadows SPA Development and Subdivision Agreement it
states:
At the time of application for a building permit for any residential lot the
City shall, if so requested by the lot owner, consider the appropriateness
of accepting, instead of the accessory dwelling unit on the lot, cash in lieu
thereof or an offsite employee unit. The decision shall be at the reasonable
discretion of the City.
STAFF COMMENTS:
The section of the SPA Agreement pertaining to Lots 8, 9 and 10 has been included as
Exhibit "A"(page 33).
RECOMMENDATION:
The Community Development Department recommends that Council approve the
attached Resolution, allowing the applicant to provide $158,536.80 cash per lot, and
having the option of providing a voluntary occupancy 500 square foot Accessory
Dwelling Unit with the conditions outlined in the Resolution. .
RECOMMENDED MOTION:
"I move to approve Resolution Number ll!t Series of2000, allowing Medicine Bow
Equity Venture, LLC to provide $158,536.80 cash per lot, and having the option of
providing a voluntary occupancy 500 square foot Accessory Dwelling Unit with the
conditions."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
Exhibit A-Section of the Meadows SPA Agreement related to Lots 7, 8, 9 and 10
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RESOLUTION NO.
(Series of 2000)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING A SUPPLEMENT TO THE ASPEN
MEADOWS SPECIALLY PLANNED AREA (SPA) DEVELOPMENT
AND SUBDIVISION AGREEMENT RELATED TO LOTS 8, 9 AND 10,
ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, COLORADO
ParcelID #2735-121-29004
ParcelID #2735-121-29005
ParcelID #2735-12.1-29006
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 per 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 1
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;
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3. The Accessory Dwelling Units for Lots 9 and 10 must 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:
Mayor:
Kathryn Koch,
City Clerk
Rachel Richards
APPROVED AS TO FORM:
John Worcester, City Attorney
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