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Home My WebLink Aboutordinance.council.026-90 . I" I' I, " ORDINANCE NO. 26 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FINAL PUD/SUBDIVISION, REZONING FROM R-6/PUD TO RMF/PUD, GMQS EXEMPTION FOR AFFORDABLE HOUSING, CONDOMINIUMIZATION FOR ALL UNITS AND VESTED RIGHTS FOR LOTS 14 & 15A AND A TRACT OF LAND ADJACENT TO AND TO THE SOUTH WEST OF SUCH LOTS, 831 UTE AVENUE WHEREAS, pursuant to sections 7-903 and 7-1103 the applicant submitted an applicatlon for a PUD review and map amendment for the development of four free mar~et resldential units and seven deed restricted dwelling units and the rezoning of the parcel from R-6/PUD to RMF/PUD; and WHEREAS, pursuant to section 3-101 of the Aspen Land Use Code, a development application r-equires subdivision reVlew for land to be used for condomlniums, apartments or any other mUltiple-dwelling unlts; and WHEREAS, the applicant received a GMQS Exemption, from the Plannlng Director on December 13, 1989 for the replacement of four existing residential unlts on the site; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Plannlng and Zoning Commlssion (hereinafter "Commission") on December 19, 1989 to consider the conceptual PUD reVlew, at which time the COmmlSS10n reviewed the applicatlon; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved conceptual PUD for four free market residential units and seven deed restricted dwelling unlts wlth conditions; and WHEREAS, the City Council, at their January 8, 1990 meeting, approved, wlth conditions, the conceptual PUD development plan :'e i'e :e for 831 ute Avenue; and WHEREAS, the appllcant development plan for three seven deed restricted units review; and WHEREAS, at a duly notlced publlC hearing held March 27, 1990, the Planning and Zoning commission reviewed the proposal and the representations of the plan and approved the special review for reduction in parklng for the affordable housing, and recommended to the City Councll final PUD/Subdivlsion with conditlons of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: submitted a flnal PUD/Subdivision free market residentlal units and for Planning and Zoning commission That it does hereby approve Final PUD/Subdlvislon and grant rezoning as recommended by the Aspen Planning and Zonlng Commission for Lots 14 and 15A, and a tract of land adjacent to and to the southwest of such lots, Ute Addltlon, 831 ute Avenue, wlth the following conditions as amended by this Ordinance: 1. Prior to the lssuance of an excavation permit, a revised report on the impact of off-site drainage submltted by Jay Hammond of Schmueser, Gordon and Meyer which indicates that there can be placement of habitable space below grade. The Englneering Department will require a drainage plan that wlll substantiate this report. 2. Prior to the issuance of a building perrnlt, the applicant 2 'Ie I. '". :- shall submit a sprinkler plan for review and approval by the Fire Department. The road shall be signed "No Parklng." 3. The proposed development wi Ll convert the mlne water to a landscaped water feature and the project will then hook up to the City's system. 4. The applicant agrees to construct sidewalk, curb and gutter along ute Avenue if dlrected by the Council and shall j Oln an improvement district for the ute Avenue are if one is formed. This shall be included in the PUDjSubdivision Agreement and wlll state the applicant or successor homeowners' associatlon agrees to bear the cost of construction of curbs, gutters and sidewalks along ute Avenue in front of the subdivislon. The Blllings Place uni ts shall not be required to join the ute Avenue Improvement District. 5. utillty easements shall be provided on the final plat to be recorded and be an encumbrance on the property. 6. The relocatlon of the Durant Mine water channel to a dlfferent alignment entering Glory Hole Park shall be prohibited. 7. The City requests that, in the event of major excavatlon on the site, any boulders larger than 36" which are not needed by the developer be provided to the City. 8. There shall be no direct connection between the municipal water system and the informal water system, to preclude the possiblllty of back slphonage or potential contamination. 9. There shall be no wood-burning flreplaces and any wood- burning stoves wlll be certified. 3 '. I. (e Ie 10. Historic, long term tenants shall be given first option for occupancy of the A.H.U.s. 11. Prior to the issuance of a building permlt, the applicant shall provide a PUDjSubdlvision agreement to be reviewed and approved by the City Attorney, Planning Department and Clty of Aspen. 12. Prior to the lssuance of a building permit, the applicant shall file a Final Plat to be reviewed and approved by the Englneering and Planning Departments. 13. All variances shall be shown in detail on final plat and recorded as called out on the plans submltted to the Planning Offlce May 9, 1990, thlS includes the trash service area. 14. Prior to the issuance of a zoning certiflcate and a building permit, all PUD representation must comply with the zonlng and building codes. NOW, THEREFORE, BE IT FURTm~R ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant GMQS Exemption for seven affordable residential units with the following conditions: 1. Units D, E, F, G, H and I shall be lndexed to the moderate lncome category and Unit J shall be indexed to Resident occupancy. 2. Prior to the issuance of a building permit, the net livable square footage for the A.H.U. component of the proJect shall be verifled by the Zoning Department and Housing Authority as per 4 '-' ,\ I" 1- III APCHA guidelines. 3. Prior to the issuance of a building permit, the owner shall provide an approved and recorded copy of deed restrlctions of the affordable unlts subject to review and approval by the Houslng Authorlty as per the APCHA guidelines. Section 2: That is does hereby grant a subdivlslon exemption for condominiumlzation for all the residential units wlth the followlng conditions: 1. The proj ect shall be restricted by agreement between the applicant and the City of Aspen to six month minimum lease, with no more than two shorter tenancies per year. ThlS agreement wlll be contained ln the PUDjSubdivision agreement and wlll be duly recorded in the real estate records of Pitkin County. 2. The project will be subject to a final inspection pursuant to the lssuance of a certiflcate of Occupancy. 3. Prior to filing a final plat for condominiumization, the plat shall be reviewed and approved by the Engineering Department. section 3 That is does hereby grant Vested Rights for this PUDjSubdivlslon and rezoning for a period of three (3) years from the effective date hereof ln accordance wlth the terms and provlslon of section 6-207 of the Aspen Land Use Code. section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordlnance, to record a copy of thlS ordinance ln 5 ,6 I., (e I. the office of the Pltkin County Clerk and Recorder. section 5: If any section, subsection, sentence, clause, phrase or portion of thlS ordlnance is for any reason held lnvalld or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 6: Nothing ln thlS ordinance shall be construed to affect any right, duty or llability under any ordinance in effect prior to the effective date of thlS ordinance, and the same shall be contlnued and concluded under such prior ordinances. section 7: A public hearing on the Ordinance shall be held on the 14 day of May, 1990 at 5:00 P.M. in the City Council Chambers, Aspen Clty Hall, Aspen Colorado, fifteen (15) days prior to WhlCh hearing a public notice of the same shall be published one ln a newspaper of general clrculation within the Clty of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, b~ Councll of the City of 9CU- day of Aspen on the , 1990. Pro 'Tem ATTEST: , I/.. ~~--) 0~. Kathryn/'.--KoCh, city Clerk /~ day of tlit i~:;o:dOPted' passed and approved this 6 e " I' ~ (e :. ATTEST: v~ ,Jo{'10.o/;:;;~,o T= \ 7