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HomeMy WebLinkAboutordinance.council.074-89 ORDINANCE NO. 74 (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING FINAL SUBDIVISION APPROVAL, ACCEPTING A CASH-IN-LIEU PAYMENT, A BUY DOWN OR OFF- SITE CONSTRUCTION HOUSING ALTERNATIVE, GMQS EXEMPTION FOR A LOW INCOME STUDIO AND GRANTING TWO RESIDENTIAL GMQS ALLOTMENTS TO THE COOPER AVENUE GREYSTONES THROUGH THE 1988 RESIDENTIAL GROWTH MANAGEMENT COMPETITION WHEREAS, pursuant to Section 8-106 of the Aspen Land Use Code, November 1 of each year is established as the deadline for submission of applications for Residential allotments within the City of Aspen; and WHEREAS, because of the administrative delay regarding Ordinance 47 (Series of 1989), the submission date for 1988 Residential GMQS applications was postponed until May 15, 1989; and WHEREAS, the Planning Office has calculated the Residential quota available for 1988 as 17 units: 39 units being the annual allocation, less 26 units built pursuant to exemptions, plus 4 units that were allocated but the right to develop has expired; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on July 18, 1989 to consider the Growth Management Quota System competition for Residential Units, at which time the Commission did evaluate and score the application for the Cooper Avenue Greystones; and WHEREAS, review of the GMQS application was consolidated with subdivision review and review of the method by which the applicant proposed to provide affordable housing; and WHEREAS, the Commission found that the project successfully met the minimum required threshold of 33.6 points by having received 34 points; and WHEREAS, the Commission considered the representations and commitments made by the applicant in scoring the Cooper Avenue Greystones and recommends to City Council subdivision approval and acceptance of cash-in-lieu and GMQS Exemption for one studio low-income residential unit on-site with the following conditions: 1. Prior to the issuance of a building permit, the applicant shall reduce the size of the fence, along the front property boundary, to 4 feet at the center and 4' 3" at the western end and 3' 9" at the eastern end- thus the fence will remain level. Transparent features, such as wrought iron work on the top, may be incorporated into the fence design, however revised fence plans shall be reviewed by the Planning Department. 2. Prior to the issuance of a building permit, the applicant shall make a one time payment-in-lieu indexed to the current affordable housing guidelines in affect at the time of payment or as an alternative the applicant may provide off-site housing through a buy down or may construct housing which will provide the required number of units. The applicant shall provide for 3.75 employees. The housing alternative that is eventually used shall be presented to and approved by the Housing Authority and Planning Staff. 3. Prior to the issuance of building permit, the applicant shall file a deed restriction for a low-income studio unit on-site. The unit shall be deed restricted to low income and rented pursuant to the Housing Authority Guidelines. 4. The applicant shall submit a final plat meeting the requirements of Section 7-1004 D(2) for review by the Planning Office, Engineering Department and city Attorney prior to final subdivision review by City Council. 5. The applicant shall advise and submit plans for hook up to the Aspen Water Department before connecting to the steel line. 6. All required survey monuments shall be supplied by the applicant's survey company. 7. A complete storm drainage report shall be reviewed and approved by the Engineering Department before issuance of a building permit. 8. The applicant shall submit dry well plans to the Sanitation District before issuance of a building permit. WHEREAS, the Aspen City Council having considered the Commission's recommendations for subdivision approval and method of the provision of affordable housing; and WHEREAS, the Aspen City Council having considered the Commission's scoring for the Cooper Avenue Greystones project does wish to grant the requested two residential allotments, _ subdivision approval, GMQS Exemption for one deed restricted studio unit, and has accepted the cash-in-lieu payment while encouraging the applicant to pursue off-site housing through a buy down program or construction off-site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a two Residential 1988 GMQS allocations to the Cooper Avenue Greystones at 810-816 East Cooper Avenue Lots M, N, O, Block 111. Section 2: That it does hereby grant subdivision approval, with the previously mentioned conditions recommended by the Aspen Planning and Zoning Commission, for 810-816 East Cooper Avenue. Section 3: That it does hereby accept a one time cash-in-lieu payment indexed to the current affordable housing guidelines in effect at the time of payment while encouraging the applicant to pursue a buy-down program or construction of off-site housing. Section 4: That it does hereby grant GMQS Exemption for one studio unit, on-site, deed restricted to the low-income guidelines of the Housing Authority. Section 5: That pursuant to Chapter 24, Section 8-108 of the Municipal Code, this allocation shall expire on the day after the third anniversary of the date of approval of a site specific development plan unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. Section 6: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the 4 remaining portions thereof. Section 8: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 9: A public hearing on the Ordinance shall be held on the /?~/ day of /~~1989 at 5:00 P.M. 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 one in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ ~D O~ERED ~BLIS~D as provided by law, by the City Council of the city of Aspen on the ~~/~-/day of ~j~ , 1989. William L. Stirling, Mayor A~EST: ~ Kathryn~ ~o~h, City Clerk FINALLY, adopted, passed and approved this /F~ day of William L. Stirling, Mayor Kathr~ Koch, City Clerk ll/cc.grey.ord 5