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367932 8-744 P-624 03/16/94 11,06A PG 1 OF 5
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
F<EC
25..00
DOC
ORDINANCE 3
(SERIES OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
GRANTING A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
AND VESTED RIGHTS STATUS FOR THE STAPLETON OFFICE BUILDING, 702
WEST MAIN STREET, EAST 10 FEET OF LOTS R AND ALL OF LOT S, BLOCK
18 ASPEN TOWNSITE, ASPEN COLORADO.~077
WHEREAS, the applicant, Stape Limited Liability company, has
proposed to develop an office building located at 702 West Main
street; and
WHEREAS, the applicant has requested a Growth Management
allocation for the 1993 commericaljoffice quota; and
WHEREAS, the applicant proposes to develop two on-site
affordable dwelling units to mitigate employee generation impacts;
and
WHEREAS, pursuant to sections 24-8-104.C.1.c. and 24-8-109.J.
of the Aspen Municipal Code, City Council shall approve the method
by which an applicant proposes to provide affordable housing upon
recommendation by the Planning and Zoning commission (herein
"commission"); and
WHEREAS, on December 21, 1993, the Commission reviewed the
affordable housing proposal and recommended that the applicant
increase the size of the three-bedroom unit; and
WHEREAS, the applicant committed to increase the size of the
three-bedroom unit to 1,200 square feet of net liveable space to
meet the Housing Office guidelines for a three-bedroom, category
3 dwelling unit; and
WHEREAS, the Commission recommends to Council approval of the
on-site affordable housing with conditions; and
WHEREAS, the applicant also requests vested rights status for
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[<-744 P--625 03/16/94 11, 06A PG 2
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a site specific development plan as represented in the GMQS
application; and
WHEREAS, the Aspen city council having considered the Planning
Office's recommendation for the GMQS Exemption does wish to grant
the exemption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to sections 24-8-104.C.1.c. and 24-8-109.J. of the
Municipal Code, City council does hereby grant a GMQS Exemption for
the development of two on-site affordable dwelling units located
in the proposed Stapleton office building at 702 West Main street
with the following conditions:
1. The three-bedroom dwelling unit shall be deed restricted to
category 2 with the provision that it may be rented to a qualified
category 3 household, if a member of that household is employed by
the owner of the building. If the unit is made available to the
general public rather than an employee of the owner of the
building, it would be rented under the category 2 guidelines for
household income and rent. The owner of the building has the
ability to select a qualified occupant to rent both of the deed
restricted units.
2. The three-bedroom dwelling unit shall be increased to a total
of 1,200 square feet of net liveable space to meet the Housing
minimum size guidelines.
3. The one-bedroom 615 square foot net liveable dwelling unit
shall be deed restricted to category 2 Housing guidelines.
4. Prior to the issuance of any building permits the applicant
shall record the deed restrictions, with a copy to the Housing
Office, restricting the 2 dwelling units to the Housing Office
guidelines.
5. All material representations made by the applicant in the
application and at the public hearings shall be adhered to and
considered conditions of approval, unless amended by other
conditions.
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8-744 P-626 03/16/94 11,06A PG 3
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section 2:
Pursuant to section 24-6-207 of the Municipal code, city council
does hereby grant the applicant vested rights for 702 West Main,
East 10 feet of Lot R and all of Lot S, Block 18, Aspen Townsite
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 rights of
referendum and judicial review.
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 3:
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,
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8-744 P-627 03/16/94 11,06A PG 4
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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 4:
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 5:
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 6:
A public hearing on the Ordinance shall be held on the =1&'
day Of~ 1994 at 5:00 P.M. in the city Council Chambers,
Aspen city Hael, 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
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day of
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John Bennett, Mayor
, 1994.
,
pa..ed and apprfli:..thi. c>8 day of
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Joh Bennett, Mayor
~LLY' adopted,
- 1994.
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