HomeMy WebLinkAboutordinance.council.060-93 3~6&~4 B-?40 P~98~ 02107/94 10:58~ PO 1 OF 7 REC DOC
DILVIA DAVIS PtTKIN COUNTY CLERK ~ RECORDER
ORDINANCE N0.~>~
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GR~NTING REZONING FROM
R/MF (RESIDENTIAL MULTI-FAMILY) TO AH (AFFORDABLE
HOUSING), SUBDIVISIONt GROWTH M~NAGEMENT EXEMPTION FOR
AFFORDABLE HOUSING UNITS, AND VESTED RIGHTS FOR THE EAST HOPKINS
PROJECT FOR FOUR DEED RESTRICTED TOWNHOMES SITUATED ON LOTS F,G,AND
H, BLOCK 33 EAST ASPEN ADDITION AND LOT 5 BLOCK 5 OF THE RIVERSIDE
ADDITIONt CITY OF ASPEN, PITKIN COUNTY~ COLORADO.
WHEREAS, in September 1989, the (AH) Affordable Housing zone
district was created to promote private sector development of deed
restricted affordable housing by allowing limited free market
residential development within a project; and
WHEREAS, the Aspen/Pitkin Housing Office (Applicant) submitted
an application (the "Plan") to the Planning Office for rezoning of
a 9,000 square foot parcel at 1017 East Hopkins Avenue from R/MF
(Residential MultihFamily) to AH (Affordable Housing) ~in
conjunction with an application for Subdivision, Growth Management
Exemption for Affordable Housing, Condominiumization, Special
Review, Stream Margin review, and Vested Rights for the development
of four deed restricted townhomes; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct
a public hearing thereon on October 5, 1993; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 10 of Article
7, (Subdivision), Division 11 of Article 7 (Zoning Map Amendments),
Section 8-104 (C) of Article $ (Growth Management Quota System
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Exemptions by city Council), the Planning and Zoning Commission has
recommended final approval of the East Hopkins development subject
to conditions, to the city Council; and
WHEREAS, the Planning and Zoning Commission further granted
Special Review approval for parking and open space in an AH zone
district and Stream Margin approval; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan; and
Wq{EREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-1004 C. of the Municipal Code,
and subject to those conditions of approval as specified herein,
the City Council finds as follows in regard to the Plan's
Subdivision component:
1. The proposed subdivision in consistent with the Aspen Area
Community Plan and is, furthermore, consistent with the
Character of existing land uses in the adjoining areas.
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2. The proposed subdivision will not adversely affect the future
development of surrounding areas and will be in substantial
compliance with all requirements of Chapter 24 of the
Municipal Code.
3. The proposed subdivision is compatible and suitable with the
topography of the area and will not present or create a threat
to the health, safety, or welfare of the residents
neighbors of the subdivision.
4. The proposed subdivision does not create spatial patterns that
cause inefficiencies , duplication, or premature extensionlof
public facilitates or unnecessary public costs.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants Subdivision approval for the East Hopkins
Affordable Housing project subject to the following conditions:
1. The applicant shall consult the City Engineer for design
considerations for development in the right-of-way. Permits
are required from the Streets Department for any work,
including landscaping, within the right-of-way.
2. Prior to recordation of the Subdivision Improvements
Agreement, Subdivision Plat, and the Master Deed Restriction
for the deed restricted townhomes and lot shall be recorded
with the County Clerk. Prior to sale of any deed restricted
property, the buyer shall execute a Memorandum of Acceptance
of the deed restriction.
3. A tree removal permit is required prior to issuance of any
excavation or building permits.
4. Prior the issuance of any building permits, the applicant must
submit to and receive approval by Engineering of a storm
drainage plan.
5. The Final Plat and site plan for building permit must include
trash storage locations, a 4'x4' utility pedestal easement
adjacent to the alley, final design of any features located
in the public right-of-way (eg. sidewalk, curb/gutter,
driveways), and final design of alley access.
6. Prior to the sign-off by Engineering on the Final Plat, a new
alley access agreement signed by all parties and beneficiaries
of the original access agreement must be executed. This
access agreement should also be outlined within the
Subdivision Agreement. The Fire Marshal shall approve any
alley improvements for emergency access requirements. The new
agreement shall be indicated on the condominium plat.
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7. Street drainage must be accommodated where the project
reconfigures the pavement and adds curb and gutter.
8. The Subdivision Agreement and Plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on
the part of the applicant to record the Plat within a period
of one hundred and eighty (180) days following approval by the
City Council may render the Plat invalid.
9. The developer shall agree to join any improvement districts
formed to cover improvements not covered by their sidewalk,
curb and gutter improvements.
10. The applicant shall develop a mitigation plan to address
parking impacts due to construction activity on the site.
This plan shall be finalized prior to the issuance of! a
building permit.
Section 3: Pursuant to Section 24-8-104 C. of the Municipal Code,
the City Council finds compliance in regard to the Developer's
request for Growth Management Quota System development exemption
for four Category 4 deed restricted townhome dwelling units .
Section 4: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the zoning map
amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan are not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3. The proposed zoning amendment will not adversely impact
traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4. The proposed zoning amendment will promote the public interest
and character of the City of Aspen.
Seotion 5: Pursuant to Section 24-7-1102 and 24-7-1103, and
Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 5 above, the city Council does grant
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the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the condition specified below:
1. Affordable Housing (AH) zone district shall be applied to Lots
F,G,and H of Block 33, East Aspen Addition and Lot 5, Block
5, Riverside Addition.
Section 6: All material representations and commitments made !by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission and or City Council, are hereby
incorporated in such plan development approvals and the same shall
be complied with as if fully set forth herein, unless amended by
other specific conditions.
Section 7: The official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in Section 5 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
Section S: Pursuant to Section 24-6-207 of the Municipal Code,
the City Council does hereby grant the applicant vested rights for
the East Hopkins Affordable Housing Project as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three ~3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rightsOf
referendum and judicial review.
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3. 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 or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. 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 9: 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 repeated or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 10: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section ll: 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:
:~&66~4 B-7~,O P-992 02107/94 10:586 P8 7 OF 7
The p~cy snaz~ ~ described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section ~: That the city Clerk 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 13: A public hearing on the Ordinance shall be held on the
~ day of~ 1993 at 5:00 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 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 ~ day of
~, 1993 ·
~' ........... '~'% John Bennett, Mayor
~-~A~ ~ /,/
Kat~[~,,,,'~och, city Clerk
FINALLY, adopted, passed and approved this /~ ~day of
John ~ennett, Mayor