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Home My WebLink Aboutordinance.council.052-91 '.',., " '1, ",','"It ' ~'( "< 'II", 't. "., ORDINANCE NO. 52 (SERIES OF 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, PUD DESIGNATION, DIMENSIONAL VARIATIONS, GMQS EXEMPTION FOR AFFORDA~LE HOUSING, CONDOMINIUMIZATION FOR ALL UNITS AND VESTED RIGHTS FOR LOTS K, L, M and N, Block 19, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Sections 24-7-903, 24-7-1004, and 24-7-1007 of the Municipal Code the applicant, the Aspen/Pitkin county Housing Authority, submitted an application for a PUD review and subdivision for the development of 11 deed restricted dwelling units and condominiumization to be situated on Lots K, L, M, and N, Block 19, City and County of Aspen; and WHEREAS, pursuant to Sections 24-6-207 and 24-8-104, of the Municipal Code, the applicant has also requested Vested Rights and GMQS Exemption for 11 affordable housing units; and WHEREAS, at a duly noticed public hearing held November 19, 1991, the Planning and Zoning commission reviewed the proposal and the representations of the applicant; and WHEREAS, the Commission amended the staff's recommended conditions of approval, approved the special review for reduction in parking and open space, and recommended the following setbacks: front - 5 feet, rear - 1 foot, side (east) - 5 feet, and side (west) -1.5 feet; and WHEREAS, the Commission recommends SUbdivision, designation of PUD, conceptual PUD with conditions. to the city Council approval of consolidated PUD process, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby approve Subdivision and PUD designation. as recommended by the Aspen Planning and Zoning commission for Lots K, L, M and N, Block 19, City and Townsite of Aspen, with the following conditions as amended by this Ordinance: 1. Prior to recordation of the final plat: a. A detailed drainage plan shall be submitted with the final plat. The drainage plan shall include calculations showing that the historic rate of runoff will be maintained. b. A final subdivision plat shall be reviewed and approved by rhe Engineering Department and a subdivision agreement shall be reviewed and approved by the Planning Department. The plat shall J.- '. t&,',"', · lq\. a'lt Iii,.", ~\, include all utility easements of adequate width for utility requirements; the triangular section of the property on the southeast part of the survey shall be indicated as part of the Homestake mining claim. The ability to subdivide the triangular section, for access and parking purposes only, is also included within this subdivision approval. c. The final sUbdivision/PUD plat and Subdivision Agreement sh&ll be recorded within 180 days of final subdivision/PUD approval. 2. Prior to the issuance of a building permits: a. Detailed plans shall be reviewed by Aspen Consolidated Sanitation District for surface run-off, roof drains, foundation drains, and any other clear water drains to be sure that they are not tapped into the sanitary sewer and if basements are added. b. Adequate oil and grease interceptors shall be installed in the floor drains for vehicle parking areas if they are connected to the sewer. c. Existing trees shall be staked to protect them from excavation and construction activities. 3. The existing irrigation ditch must be preserved and maintained. Pathways crossing the ditch must have 12" culverts and adhere to the Pedestrian Plan Guidelines then in effect at the time. of development. 4. The applicant needs an excavation permit from the Street Department and design approval from the Engineering Department for any work done in the public right-of-way. 5. Prior to the issuance of any building permits the applicant shall file a sUbdivision/PUD agreement with approved Deed Restrictions restricting the 11 units to the price and income guidelines as defined by the Aspen/pitkin County Housing Authority. The individual deed restrictions shall be filed with the Pitkin County Clerk and Recorder upon sale of the units. 6. The Aspen/Pitkin County Housing Authority shall adhere to all representations as made in its application for approval and at the public hearing which shall include but not limited to: landscaping, building materials, and the following setbacks: fr9nt - 5 feet; rear - 1 foot; side (east) 5 feet; and side (west) ~.5 feet. 7. A tree removal permit is required for the removal of any tree greater than 6" in caliper. 8. Internal sidewalks, dumpsters, walkways shall be protected from snow shedding. 9. Front porches may be added in the future without further land }.- I". c. ':" ~It., "' \':1, '" 'It' 1#'" (~\ use review. The review and approval of the Housing Authority and Zoning Officer shall be required. section 2 That is does hereby approve GMQS Exemption for the development of 11 deed restricted dwelling units with the following conditions: 1. Prior to the issuance of any building permits the applicant shall file a subdivision/PUD agreement with approved Deed Restrictions restricting the 11 units to the price and income guidelines as defined by the Aspen/Pitkin County Housing Authority. The individual deed restrictions shall be filed with the Pitkin County Clerk and Recorder upon sale of the units. 2. All representations of this application and during public hearings shall be addressed and adhered to during the development and sale of these units. 3. The applicant shall agree to join a special improvement district if one is formed for this area, and prior to filing the Final Plat the applicant shall sign a Curb, Gutter and Sidewalk agreement for South Seventh Street and West Hopkins Avenue. When sidewalks are installed, the guidelines of the Pedestrian Walkway and Bikeway plan shall be followed. 4. The Subdivision Agreement shall stipulate that excess floor area may be used for front porches while future development shall be reviewed by the Housing Authority and the Zoning Officer prior to the issuance of any building permits. section 3 That is does hereby grant a subdivision exemption for the condominiumization of the eleven dwelling units with the following conditions: 1. The project shall be restricted by agreemen't between the applicant and the City of Aspen to six month minimum lease, with no more than two shorter tenancies per year. This agreement will be contained in the PUD/Subdivision agreement and in the price and income deed restrictions, and will be duly recorded in the real estate records of Pitkin County. 2. A condominiumization plat shall be reviewed and approved by the Engineering and Planning Departments and shall be filed with the Pitkin County Clerk and Recorder. section 4 That is does hereby grant Vested Rights for this PUD/Subdivision for a period of three (3) years from the effective date hereof in accordance with the terms and provision of section 24-6-207 of the Municipal Code. -- "I' .&''''"" \~ \,\ section 5: That the City Clerk be and hereby is directed, upon the adopt ton of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. section 6: 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 remaining portions thereof. section 7: 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 8: "It ~" \.I", ,\". 'L' A public hearing on the Ordinance shall be held on the 13 day of January 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 once in a newspaper of general circulation within the City of Aspen. INTRODUCED, ~City.co,uncil , '()~~ READ AND ORDERED PUBLISHED as provided by law, of the city of Aspen on the 10~ . day of , 19 'd.. ()k (7~+ John Bennett, Mayor by ATTEST: ~ ~ Clerk FINALLY, adopted, passed and approved this /,g'k- day of , 1992. 94 lf~f:( 11)' ~\ 'v" John Bennett, Mayor C erk