Loading...
HomeMy WebLinkAboutordinance.council.020-93 . i~ ,~ '" I '.'. I"",', ,III' .' " I;"~ *1'357552 06/04/93 15, 28 Rec: $2~3. 00 BK 714 PG 191 Silvia Davis, Pitkin Cnty Clerk, Doc: $.00 ORDINANCE 20 (SERIES OF 1993) 5cL bv-V~ ~<-'hCJ.~ :J5J )975 AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TWO YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE 26, SERIES 1990 FOR THE DEVELOPMENT PLAN APPROVED FOR THE UTE TRAIL TOWNHOMES, 1280 UTE AVENUE, ASPEN COLORADO. WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal Code, city Council may grant vested rights status for a site specific development plan for an initial period of three years; and WHEREAS, on May 14, 1990, city council granted sUbdivision/PUD approval for the ute Trail Townhomes consisting of three free- market dwelling units and seven deed restricted dwelling units; and WHEREAS, city Council initially approved ves.ted rights for the project for three years until May l4, 1993; and WHEREAS, the applicant, sister city Housing, Inc., has requested a two year extension of vested rights status for the site specific development plan approved for the ute Trail Townhomes; and WHEREAS, some of the existing dwelling units are still occupied by employees of the community and due to the deteriorated condition of the existing apartments on the site, the owners must undertake repairs and bring the occupied dwelling units up to the Uniform Building Code to continue the livability of the occupied units until such time that the project is demolished and replaced by the development approved in 1990; and WHEREAS, the Planning Office, having reviewed the application recommends approval of the extension of vested righ.ts for a period of two years beyond the vested rights approved in Ordinance 26 , Series 1990; and WHEREAS, the Aspen City Council having considered the Planning (~." "i".. ijA, ~- 1,,'_., (Ii' 1;;. .\, '""'~ R'. l:"{V ~:j::-i575~;2 06/04/9:3 :l5:: 28 F~ec: $"::'"Jd ()() ~~: ~ . D 's F'l.t~in Cnty Clerk, Doc Sllvla aVl., '. _____ 714. PG 192 $.00 Office's recommendations for the extension of vested rights does wish to grant the requested extension of vested rights for two years beyond the approval granted in Ordinance 26, Series 1990 for the 1280 ute Avenue, ute Trail Townhomes project, finding community benefit in the upgrading of the existing residential units on the site and the planned future development of seven deed restricted dwelling units outside the Growth Management Competition System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: Pursuant to section 24-6-207 of the Municipal Code, city Council does hereby grant the applicant a two year extension of the vested rights approved by Ordinance 26, Series 1990 for the ute Trail Townhomes, 1280 ute Avenue, subject to the following conditions: 1. Two of the occupied dwelling units shall be vacated by June 1, 1993. 2. The third occupied dwelling unit shall be vacated by June 15, 1993. 3. If the tenants have not vacated by June 15, 1993 this extension of vested rights is void and the applicants shall seek a new extension. 4. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of two (2) years from the date of final adoption of this Ordinance. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The approval granted hereby shall be subj ect to all rights of referendum and judicial review. 6. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the city provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. .'~'" ~i II. ~ 1) I~ \': - " " -"", ~!., #357552 06/04/93 15:28 Rec $25~OO BK Silvia Davis" Pitkin Cnty_Cler'k, Doc: 714 Pi:; 193 $.00 7. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the city of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. section 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen. no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 3: 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 4: 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 5: A public hearing on the Ordinance shall be held on the day of May 10, 1993 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 AND ORDERED PUBLISHED as provided by law, by the City Council of the city of Aspen on the I'd-.... day of If." ' "':.. .. \- t,..."" "'. ['1,1.'5575,57 06/, ,0'1'/",9:,3 15"..: 28 F(ec: $25. OO,B,f< 71~.. PG t,SJ.lvia Davi~;,F'~tkin Cnty Cled,:,_D(JC: $.()() 194 ~ f~ f.? 0~~ QI' A.;.~, t~~ - , 1993. ~? /7~ John B nnett, Mayor . ...1i:och, ~.l,\' ' ".'" II~I~ . Clerk FINALLY, adopted, passed and approved this /0 . day of nTlj , 1993. .,," .' .~' IlF ' "\' ,., i'"," ". ~ 5, (3..A-~ Joh Bennett, Mayor , Clerk 4 .' II Wi, '(;" "_,,' \~, '~; "eil '\', J; ". #357552 06/04/93 15:28 Rae $25.00 BK Silvia Davis Pitki n C t Cl . 714 PG 195 , '.. n y . er'k, Doc: $.00 EXHIBIT A vesting Extension - staff recommends an extension of vested rights for two years for the following reasons: 1. Since the development approval in 1990, staff has met with many potential purchasers of the site. The overwhelming response from prospective buyers was that financing of the project was very difficult due to the pending lawsuit combined with the downturn in the real estate market. 2. The approved project includes 6 fully deed restricted dwelling units and 1 resident occupied unit. The inclusion of seven affordable units, which includes 25 bedrooms and 6,374 square feet of floor area, represents 315% more bedrooms and 800% more square footage than is required of a project that must comply with Ordinance 1 mitigation requirements (50% replacement of existing bedrooms and existing floor area). Ordinance 1 is currently the most effective legislation for gaining affordable housing inventory. 3. The approved subdivision also was reviewed pursuant to the PUD review standards and there were several variances granted for the project including open space and side and rear yard setbacks. The variances can only be extended beyond l2 months by the vesting of a site specific development plan. Thus, it is important to maintain the variances granted to the project by an extension of vested rights. 4. Staff believes it can be demonstrated that there is considerable public good served through an extension of vested rights with the construction of the affordable housing dwelling units. 5. There is precedent for granting an extension of vested rights. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot hbme adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. council also extended, for one year, vested rights for the Valley- Hi development plan. The applicants requested an extension so the needed repairs to the building ($85,000) could be recovered in rents and before expiration of vesting forced demolition and reconstruction of the building. They were concerned ,that demolition and reconstruction within the original 3 year vesting period would not be long enough to accomplish the renovatibn. Their alternative was to vacate the building and let it sit until reconstruction.