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Home My WebLink Aboutordinance.council.004-94 - ,_. \~ \:,;,,~ ' . ., ',~Il' !~ "" '.._".:. ---',. J ~~\b882f.1. BMM' 7' 4.7' SILVIA DAVIS P-185 04/11/94 01,05P PG 1 OF 6 PITKIN CO~~TY CLERK & RECORDER F':EC DOC ~30.. 00 ORDINANCE NO.~ (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GHQS EXEMPTION FCR THE CONSTRUCTION OF ONE AFFORDABLE HOUSING UNIT FOR THE BILLINGS RESIDENTIAL GMQS PROJECT, SUBDXVISION APPROVAL TO CREATE A NEW LOT IN THE ASTOR SUBDIVISION, PUD TO VARY THE MINIMUM LOT AREA REQUIREMENT OF LOTS 1, 2 AND 3, AND GRANTING VESTED RIGHTS FOR A PERIOD OF THREE YEARS FO~i THE DEVELOPMENT LOCATED AT 98~, 985, AND 995 KING STREET WHICH IS ALSO KNOWN AS THE ASTOR SUBDIVISION WHEREAS, pursu~nt to Section 24-8-104(C) (1) (c) of the Aspen Municipal Code, city council may exempt deed restricted affordable housing units frdm Growth Management Quota System (GMQS) competition; and WHEREAS, pursuant to section 24-7-1004 (C) of the Aspen Municipal Code, city council grants final subdivision approval; and WHEREAS, pursua:'nt to Section 24-7-903 of the Aspen Municipal :,1' Code, City counci~1 9rants final approval for Planned Unit :' Development Applications; and WHEREAS, 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 / WHEREAS, C.L. Astor and company and Mrs. Carla Billings ("Applicant"), as represented by sunny Vann, submitted an application to the Planning Office requesting Subdivision, PUD, one f.1 residential GMQS al~otment and GMQS Exemption 'to resubdivide the ",: Astor Subdivision td'create one new parcel and provide one on-site affordable dwelling ~nit; and WHEREAS, the Astor Subdivision is zoned R-6 and affordable fA !'. ~_.'. '\'1 ''< ,.e" e ~~. " :J68,324 B-747 P-186 ,'4/11/9 -' , 4 0 t ,mop PG :2 OF 6 Ordinance No.4 (Series of 1994) Page 2 I L i ;i: 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 January 4, 1994, and approved growth management scoring and recommended approval for the Subdivision, PUD and GMQS Exemption as outlined in planning and zoning Commission Resolution 93-34; and WHEREAS, the commission voted 6-0 to recommend approval to City council for the',:GMQS Exemption for the development of one deed " restricted affordab~~ housing unit to the Category 2 income level; " and WHEREAS, the commission voted 4-2 to recommend approval to city council for the proposed Subdivision and PUD, subject to the conditions noted in,Planning and Zoning commission Resolution 93- /"',1 34; and 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 an I Affordable Housing units to be located on the newly created Lot 1 kl , of the Astor Subdivision pursuant to Section 24-S-104(C) (1) (c) of the Aspen MunicipaliCode. , Section 2: The conditions of approval which apply to this GMQS Exemption are: 1. The owner shall submit appropriate deed restrictions for a one bedroom, category 1 affordable housing unit to the Aspen/Pitkin County Housing Authority for approval, prior to issuance of any building permits. Upon approval by the Housing Authority, the Owner shall record the deed \~ !(i 4,'_"," Ii: ~~'" ~- \\ ", ''''.. "- OC" '1,", :\., 'J'! 368824 8-747 P-187 04/11/94 01,05P PG 3 OF 6 Ordinance No. (Series of 1994) Page 3 restrictions with the pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for Lot 1, a copy of the recorded deed restrictions for the new dwelling unit must be forwarded to the Planning Office. 3. All material representations made by application and during public meetings zoning commis~ion and city council conditions of approval, unless amended the applicant in the with the planning and shall be considered by other conditions. section 3: Pursuant to Section 24-7-l004(C) and Section 24-7-903 of the Municipal Code, city council does hereby grant the applicant Subdivision and Planned unit Development approval subject to the following conditions: 1. The applicant shall place the following note on the final plat: "Lot 1 shall access the parcel across the existing access easement. No road cut off King Street is permitted for Lot 1." 2. A drainage plan shall be approved by the city Engineer, prior to issuance of:a'building permit. 3. The applicant shall construct a sidewalk along Lot 1 of the Astor Subdivision, prior to the issuance of a certificate of Occupuancy for the new residence. The applicant shall sign a sidewalk, curb, and gutter agreement prior to the execution and recording of the Final Plat. 4. The right-of-way width to be granted by the applicant shall be acceptable to the city Engineer and indicated on the Final Plat. 5. The name of the subdivision shall remain the Astor Subdivision, a~!,there is already a Billings Subdivision within the city. 6. The applicant shall submit a Final Plat and Subdivision/PUD Agreement withj;n 180 days of city council review, for review and approval by the city Attorney, City Engineer, and Planning Office." :31.:>13824 11&, ~- 0,-".,',' r'"" \,' '-' 1~), ~ (! II! 8-747 P-188 04/11/94 01:05P PG 4 ordinance No.4 (series of 1994) Page 4 OF 6 .---------- ~--- --- 7. The Final Plat shall include a note specifying that the minimum lot area of Lot 1, Lot 2 and Lot 3 have been varied pursuant to Section 24-7-903 (B) (4). The total lot area of all lots wi thin the subdivision exceeds the minimum lot area requirements for the zone district. 8. The applicant ',I\shall pay their fair share of paving and improving the ~ccess easement with all lots which use this easement. (,'1 9. The electric utility line located in the proposed Lot 1 building envelope shall be relocated and placed underground at the expense of the Lot 1 property owner. 10. The Astor Subdivision shall be restricted from further SUbdivision, which results in no more than four lots. All material representations made by application and during public meetings Zoning commission and city Council conditions of approval, unless amended the applicant in the with the planning and shall be considered by other conditions. 11. section 4: pursuant to Section 24-6-207 of the Municipal Code, city council does hereby grant the applicant vested rights for the Iii! Billings/Astor SUbdivision 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. The approval granted hereby shall be subject to all rights of referendum and judicial review. !I Nothing in thei! approvals provided by this Ordinance shall exempt the sitia specific development plan from subsequent reviews and/or approvals required by this Ordinance or the 2. 3. - 368824 8-747 P-189 04/11/94 01,05P PG 5 OF 6 ~,"""," i. ordinance No.1 (series of 1994) Page 5 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,iuse regulation by the city of Aspen, including but not limited: to, building, fire, plumbing, electrical and mechanical codefil. 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 5: 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 ttian fourteen (14) days following final adoption f."" \\. hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site speclfic 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: ~: ' ''',1 The property shall be described in the notice and appended to said notice. section 6: of A ~:::4 O:tth:: ::d::ce i~a::e b:i::ld c::n::: ~ day Chambers, Aspen city Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing. a public notice of the hearing shall be published in a (e _/ ~spen. " newsp,aper :\' ',! of general circulation within the city of ~, .', -- . :368824 B~~.W?4'"?' P"-190 ordinance No. (series of 1994) Page 6 04/11/94 01:05P PG 6 DF 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the city Council of the city of Aspen on the d2f? day Of~ ~i7~ John B nnett, Mayor 1994. to..... ", ,f ~S","" ,A~)rEST:".t~\ \,~ city Clerk 1~ FINALLY, 'e', /'~1994. w it\ " 1/;'." ~~ l~,..::::'"" '\ 0 f' 4ft'" .~ ~\ .....~...I:';>. A"fTEST: "<li< \. adopted, passed and approved this c::9 g" day of ~ (~~- John B~nett, Mayor KelCh > .......;:.<';:.,.i....'.-,.::.:... .-::' o :~;r...::' ~'~ :;.:':',:'.:;'\'. ..~" ,;;:..... ',t ,~:)o~ii.'i~i \) \'l:,;.tl:.\...~... \(.,.., J l'~ ,(~.~(,,,\.\ .. """'\:'i-:'/l-"~'~~;1,~t0~f:'" .