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Home My WebLink Aboutordinance.council.002-9456~9..~4 B-744 F-65~ 05/16/94 11:07A PG 1 OF 4 REC DOC SILVIA DAVIS PtTKIN COUNTY CLERK & RECORDER 20~00 ORDIN~/NCE NO.~ (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING ~MQS EXEMPTION FOR THE CONSTRUCTION OF TWO AFFORDAELE HOUSING UNITS FOR THE CAP'S AUTO COMMERCIAL ~MQS PROJECT AND GR~NTING VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE DEVELOPMENT LOCATED AT 210 N. MILL STREET (A METES AND EOUNDS PARCEL IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.) WHEREAS, pursuant to Section 24-8-104(C) (1) (c) of the Aspen Municipal Code, City Council may exempt deed restricted affordable housing units from Growth Management Quota system (GMQS) competition; and W~EREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, city Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and W~EREAS, Aspen Valley Bancshares, Inc. ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting GMQS Exemption for the construction of two affordable housing units in conjunction with a commercial GMQS application; and WHEREAS, Cap's Auto is zoned office and affordable housing is permitted use in this Zone district; and WHEREAS, the Planning and Zoning Commission considered the applicant's request at a public hearing on December 21, 1993, and approved, in conjunction with growth management scoring, special review to pay cash-in-lieu for three parking spaces as outlined in Planning and Zoning Commission Resolution 93-~; and WHEREAS, the Commission voted 5-0 to recommend approval to City Council the GMQS Exemption for the development of two deed 56?954 B-744 P-655 05/16/94 11:07A PG 2 OF 4 Ordinance #__, (Series 1994) Page 2 restricted affordable housing units to the Category 2 income level which consists of a studio and a one bedroom unit in the lower level of the development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant GMQS Exemption for two Affordable Housing units to be located in the redeveloped Cap's Auto Supply Building pursuant to Section 24-8-104(C) (1) (c) of the Aspen Municipal Code. Section 2: The conditions of approval which apply to this GMQS Exemption are: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval prior to issuance of any building permits. The studio and one bedroom units shall be restricted to Category 2 requirements. Upon approval by the Housing Authority, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's office. 2. Prior to issuance of any building permits for the property, a copy of the recorded deed restrictions for the new dwelling units must be forwarded to the Planning office. 3. The applicant shall address the potential carbon monoxide/fume problems of air quality in the affordable housing units to be reviewed by the Environmental Health Department, prior to issuance of any building permits. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and city Council shall be considered conditions of approval, unless amended by other conditions. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, 567954 B-744 P-'654 05/16/94 11:07A PG 5 OF 4 Ordinance ~ , (Series 1994) Page 3 City Council does hereby grant the applicant vested rights for the Cap's Auto Supply site specific development plan 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 property record all plats and agreements as specified herein 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 rights of referendum and judicial review. 3. Nothing in the approvals provided by 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 approval 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 properties 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 4: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation 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: 56?9.54 B-744 I--'-615_ 0L~/16/94 11:('~3rA PG 4 OF 4 Ordinance #__, (Series 1994) Page 4 The property shall be described in the notice and appended to said notice. Section 5: A public hearing on the Ordinance shall be held on the r~ day of ~994 at 5:00 P.M. in the city Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 ~ 1994. ~ ~F ~'"',~ John ~ennett, Mayor Ka City FINALLY, adopted, passed and approved this ~-~ day of '" ...... John/Bennett ~ Mayor ~: ~" .~:;:'~ eit7 Clerk