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ORDINANCE NO. 10
(SERIES OF 1994)
REC
45..00
DOC
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT,
PLANNED UNIT DEVELOPMENT, SUBDIVISION, GMQS EXEMPTION AND VESTED
RIGHTS STATUS FOR THE DEVELOPMENT OF 6 AFFORDABLE HOUSING UNITS ON
LOTS 3, 4, 5, AND 6 BLOCK 11 EAMES ADDITION, JUAN STREET, TOWNSITE
OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Juan street property was purchased by the city
in 1990; and
WHEREAS, the applicant, Aspen/Pitkin County Housing Authority,
proposes to develop 6 fully deed restricted dwelling units on a
12,000 square foot parcel; and
WHEREAS, the applicant has requested a rezoning of the
property from R-15
(L) (PUD)
to Affordable Housing
(AH) ,
PUD/subdivision review, GMQS Exemption and vesting of the
development rights; and
WHEREAS, the applicant, also requested special review for the
establishment of open space and parking as required in the AH zone
district and 8040 Greenline review; and
WHEREAS, the Planning and Zoning Commission (Commission)
reviewed the development proposal in accordance with those
procedures set forth at section 24-6-205(A) (5) (b) of the Municipal
Code and did conduct a public hearing thereon on March 1, 1994; and
WHEREAS, upon review and consideration of 1:he special review
standards for parking and open space and the 8040 Greenline review
standards as contained in Chapter 24 of the Municipal Code, to wit,
Division 4 of Article 7 (Special Review) and Division 5 of Article
7 (Development in Environmentally Sensitive Areas), the commission
approved the special reviews and 8040 Greenline for this
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B-751 P-146 OS/20/94 02,07P PG 2
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development establishing 12 on-site parking spaces in a below grade
garage and approximately 7% of the site as open space as defined
in the Municipal code; and
WHEREAS, upon consideration of the applicant's request to
consolidate the four step PUD review process to two steps and
considering the Planning Director's recommendation, the commission
has recommended to Council a consolidated PUD review process; and
WHEREAS, upon review and consideration of the rezoning,
PUD/subdivision and GMQS Exemption, agency and public comment
thereon, and those applicable standards as contained in Chapter 24
of the Municipal Code, to wit, Division 9 of Article 7 (Planned
unit Development), Division 10 of Article 7 (Subdivision) and
Article 8 (GMQS), the Planning and Zoning commission has
recommended approval of the Juan street affordable housing
development proposal subject to amended conditions, to the City
Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the rezoning and PUDjsubdivision 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 council found that a consolidated two step PUD
review process is more appropriate for a development of this size
and nature; and
WHEREAS, the City Council finds that the rezoning and
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B-751 P-147 OS/20/94 02,07P PG 3
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PUDfsubdivision meets or exceeds all applicable development
standards and that the approval of the rezoning, PUDfsubdivision
and GMQS Exemption, with conditions, is consistent with the goals
and elements of the Aspen Area Community Plan; and
WHEREAS, 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, COLOP.ADO as follows:
section 1.:
That it does hereby grant a
11 Eames Addition, Aspen
(Affordable Housing) PUD.
rezoning of Lots 3, 4, 5, and 6, Block
Colorado from R-15 (L) (PUD) to AH
section 2:
The Official Zone District Map for the city of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 3:
Pursuant to Section 24-7-903.C.3 of the Municipal Code, Council
finds that a four step PUDreview process would be redundant and
serves no public purpose and approves a two step PUD review
process.
Section 4:
Pursuant to Sections 24-7-903 and 24-7-1001 of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
PUDfsubdivision:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2 . The proposed PUD development plan is consistent with the
character of existing land uses in the surrounding area.
3.
The subdivision is consistent with the purposes of subdivision
which is to assist in the orderly and efficient development
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B-751 P-148 OS/20/94 02,07P PG 4
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of the city and safeguard the interests of the public and the
subdivider and provide consumer protection for the purchaser.
section 5:
Pursuant to the findings set forth in section 4 above, the city
council does hereby grant PUD/subdivision approval for the Juan
street property subject to the following conditions:
1. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full
basis depending upon the specific agency's requirements. More
specifically:
a. the cost to correct the sanitary collection system
adjacent to the project;
b. if the 8" water main is to be replaced; and
c. the installation of a new fire hydrant.
2.
Prior to the issuance of any building permits, the applicant
shall submit a PUD plan, subdivision plat, and PUD/Subdivision
Improvement Agreement in accordance with Section 24-7-1004.C
and D of the municipal code for review by the Engineering and
planning Departments and the city Attorney.
The final PUD/subdivision plat and agreement must be filed
within 180 days of final approval or PUD/subdivision approval
is void.
3. The PUD/Subdivision agreement shall include the following:
a. a requirement that if the homeowners have dogs, that
when the animals are on the premises they shall be
controlled by either leashes, enclosed with fences or
invisible fences, or kept inside etc.;
b. letters from ac,l of the utilities that they have
inspected and approved the final development plan; and
c. restrictions against future installation of fireplaces
and woodstoves.
4. The final PUD/Subdivision plat and plan shall include the
following:
a. all transformer and utility easements (the existing
transformer is in the public right-Of-way) shall be
relocated onto the applicant's property;
b. a 5 foot wide sidewalk shall be located adjacent to
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B-751 P-149 OS/20/94 02:07P PG 5
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the property line with a 5 foot buffer space between the
sidewalk and the future curb and gutter. The sidewalk
must meet ADA access requirements (no steps), including
the transition to the street;
c. a detailed landscape plan approved by the Parks
Department; and
d. a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The
dumpster and the recycle bins shall be dimensioned to
ensure that the area functions well.
5. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in caliper
or greater and any trees proposed to be saved shall be
protected during construction, including no digging in
the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter in
the future; and
c. the applicant shall c'msult with the Environmental
Health Department to explore other mitigation measures
to reduce VMT.
6.
Any irrigation system that is installed shall be in compliance
with the Water Conservation Code.
The applicant shall maintain the historic runoff patterns that
are found on the site which include drainage from above the
property and shall correct any runoff or erosion problems that
are found during development of the site.
8. The applicant shall agree to join any future improvements
districts which may be f0rmed for the purpose of constructing
improvements in the public right-of-way.
7.
9. At the completion of each phase of the work, the applicant
shall submit a statement by a registered professional land
surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised statutes.
10. Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
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accuracy of all utilities, including their size and
identification, together with any other features encountered
during excavation within the rights-of-way. The as-builts
shall be signed and stamped by a registered professional
engineer. The as-builts shall also be provided to the City
on a disk in a DFX file compatible with the city GIS ArcInfo
software system.
All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
All work in the alley and public right-of-way shall require
a permit from the streets department.
During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
15. The revised garage, retaining wall and roof plans that were
submitted prior to First Reading at Council shall be adhered
to as representations of the approved PUD/subdivision.
16. The applicant shall enter into a curb and gutter agreement
with the City for future street improvements. The agreement
shall also include language acknowledging a potential right-
of-way increase on Juan street to accommodate future
development.
Section 6:
Pursuant to sectic!l 24-7-903 B.4 of the Municipal Code, the City
Council does hereby grant the following PUD dimensional v~riations
for the Juan street proposal:
a. Lot Lot Area (sq. ft. ) Floor Area (sq. ft. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
- Garage N/A 595
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B-751 P-151 OS/20/94 02,07P PG 7
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Total
up to 9,200
12,000
b. Front yard setbacks for Lots 2-5: 4'
c. Front yard setback for Lot 1: 5'
d. Front yard setback for Lot 6: l'
e. Combined sideyard setbacks Lot 1: 13' and Lots 2-5: 5'
f. Rear yard setback for Lot 1: 9'
section 7:
Pursuant to Section 24-8-104 of the Municipal Code, the city
council does hereby grant a GMQS Exemption for the development of
6 affordable dwelling units: 5 three-bedroom and 1 two-bedroom.
The units shall be for-sale units restricted to categories 3 and
4. The applicant shall file the necessary deed restrictions, prior
to the issuance of any certificates of occupancy.
section 8:
All material representations and comTlitments made by the developer
pursuant to the subdivision 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 9:
Pursuant to Section 24-6-207 of the Municipal Code, the city
Council does hereby grant the applicant vested rights for the Juan
Street property PUD/subdivision as follows:
1. The rights granted by the site specific developmont 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.
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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 o:E 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 10:
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 11:
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 12:
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 iL 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 13:
That the City Clerk is directed, upon the adoption of this
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ordinance, to record a copy of this ordinance in the office of the
Pitkin county Clerk and Recorder.
section 14:
A public hearing on the Ordinance shall be held on the~of~hl,
1994 at 5:00 in the City council Chambers, Aspen City Hall,~n
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,
~ity Council of the city of Aspen on the ~ day of
, 1994.
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John ~nnett, Mayor
~ FI~ALLY, adopted, passed
~ ,1994.
and approved this ~ day of
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John ennett, Mayor
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