HomeMy WebLinkAboutordinance.council.008-91 ORD~I~C'~ NO.8
(sm~Es OF 1991)
A~ ORDINANCE OF Tk~ CITY OF ASI~]~ GN.A~T~NG FINAL SUBDIVISION/PUD
D~¥~OpW~NT PLAN APPROVAL, CONDOM~2~±u~IZATION, GMQS EXEMI~fION,
AND VESTING OF D=¥~OPKENT R_~uTS FOR FOUR ~ MA/~t~r UNITS AND
FOUR AFFORDABLE HOUSING UNITS AT 1000 EAST HOPKINS (LOTS A AND K
OF BLOCK 25 AND LOTS H~It AND S BLOCK 26t TOWNSIT~ OF ASPEN)
W- ~w~AS, the Valley Hi Development Trust ("Applicant")
submitted to the Planning Office an application for a Final
Subdivision/PUD Development Plan, Stream Margin review,
Condominiumization, GMQS Exemption for Affordable Housing and
vesting of development rights to reconstruct eight units st 1000
East Hopkins Ave. The plan was designed in accordance with an
April 1990 legal settlement ("Settlement") between the city of
Aspen and the Applicant; and
~-~w~EAS, the application was reviewed by the Engineering
Department, the Aspen Consolidated Sanitation District, the Fire
Marshal, the Water Department, the Housing Authority, and the
Planning office and those agencies submitted referral comments;
and
W-Kwik,S, on December 4, 1990, the Aspen Planning and Zoning
Commission approved Stream Margin Review with conditions and
forwarded a recommendation to City Council to approve Final
Subdivision/PUD review with conditions, including variances to
height and rear setback; and
W~w~2~S, pursuant to Sections 24-7-1004 D.2.b., 24-7-
903, 24-7-1007, and 24-8-104 C.l.c. of the Aspen Municipal Code,
the city Council may grant approval to Final Subdivision, PUD
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Development Plans, Condominiumization, and GMQS Exemption for
Affordable Housing; and
WHK~EAS, the Aspen City Council having considered the
Planning and Zoning Commission's and Planning office's
recommendations, does wish to grant the Final Subdivision/PUD
Development Plan approval with conditions as well as
Condominiumization, GMQS Exemption for Affordable Housing, and
Vesting of Development Rights for three years for the development
of four free market units and four deed restricted units at 1000
East Hopkins.
NOW, THKW~EFORE, BE IT ORDA1-N~u BY TkU~ CITY COUNCIL OF
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Final Subdivieion/Pb~ Approval
with the conditions recommended by the Planning and Zoning
Commission and the Planning office and amended by City Council
for four free market units and four deed restricted affordable
housing units.
Section 2.
In order to accommodate the affordable housing units,
accordance with Section 7-903 of the Land Use Code, the city
Council approves a PUD variance to allow a zero (0) foot rear
setback for the portion of the structure containing affordable
housing, and a height variance of two (2) feet to the R-MF height
limit restricted to the rear two-thirds (2/3) of the building.
Section 3:
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The City Council also approves Condominiumization for all
eight units and Growth Management Exemption for the four
affordable housing units.
~ectlon 4:
The conditions of approval which apply to this project are:
1. A Subdivision Agreement shall be recorded concurrently with
the Final Plat,
2. The garage entry drive must not exceed 12% grade for a 20'
distence from the property line.
3. Excavation permits are required for curb and gutter and
sidewalk improvements and for any other work in the public right-
of-way.
4. The applicant shall agree to join a Special Improvement
District if one is ever formed,
5. The Applicant shall pay for sewer line improvements as
determined by the Sanitation District.
6. Heavy vehicle access must be provided for sewer line
maintenance.
7. The drainage plan for the site shall include oil and sand
interceptors for the garage. Surface run-off shall not enter the
sanitary sewer,
8. Fire alarm and sprinkler systems shall be designed and
installed as per the Fire Marshal's requirements.
9. The Planning Director shall sign off on a GMQS Exemption for
the replacement of four free market dwelling units.
10, No demolition shall occur prior to issuance of a building
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permit.
11. The four affordable housing units shall be indexed to the
Housing Guidelines for category #3 (one unit) and category #4
three units) for sale purposes. For rental purposes, all four
unit shall be indexed at category ~2.
12. Twelve (12) underground parking spaces shall be provided
according to the Settlement and parking variance allowed by the
PUD review process. Four (4) of these spaces shall be allotted
to the affordable housing units.
13. A two (2) foot variance to the R~F zone height restriction ls
limited to the rear 2/3 of the building to accommodate the
affordable housing units.
14. A variance to allow a zero (0) foot setback shall be limited
to the building area containing the affordable housing units.
15. Prior to recordation, a fifteen (15) foot trail easement
shall be dedicated on the plat subject to approval by Engineering
and Planning.
16. Condominium plat and condominium declarations shall be
approved by the City Engineer and City Attorney prior to
recordation.
17. A $45,000.00 cash-in-lieu payment for affordable housing
shall be paid prior to issuance of any building per~its for the
property.
Within 180 days of City Council's approval of this Final Plat and
Final PUD Plan the following must occur:
18. A Subdivision Plat, "Notice of PUD Designation", Final PUD
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Plan and Subdivision/PUD Agreement must be filed with the County
Clerk as required by Sections 7-1005 E., 7-905 and 7-907 of the
Land Use Code.
19. Ail material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission, City Council and Historic Preservation
Committee shall be adhered to and considered conditions of
approval, unless otherwise amended in the conditions.
Section 5:
That it does hereby grant Vested Rights for the 1000 East
Hopkins Stream Margin revlew and Final Subdivision/PUD
Development Plan. The rights granted by the site specific
development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to
abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by the Land Use Code shall also result in
the forfeiture of said vested property rights.
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:
A Rublic hearing on the Ordinance shall be held on the /~
day of /~ , 1991 at 5:00 P.M. in the City Council Chambers,
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Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the sams shall be published in a
newspaper of general circulation within the City of Aspen.
IBTKODUC~, RF2%D AND O~EI~ED P~S-K., as provided by law,
by the City Council of the City of Aspen on the ~ day of
William L. stifling, Mayor
Koch, CiO Clerk
adopted, passed and approved this /~-~ day of
, 1991.
William L. ~irling, Mayor
A~EST:
Ka___t~ryn S~K~h, City Clerk
jtkvj / 1000hop. ord
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