The URL can be used to link to this page

Home My WebLink Aboutordinance.council.013-94 'e & ~. e 'e 'm. ~ "'"", 37'0280 B-..7'51 _SILVIA DAVIS REC 25~OO DOC P-140 OS/20/94 02:03P PG 1 OF 5 PITKIN COUNTY CLERK & RECORDER ORDINANCE No.13 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS FOR THE THE TENTH MOUNTAIN TRAILS ASSOCIATION, SPA AMENDMENT TO VARY THE MINIMUM LOT AREA, FRONT YARD, AND SIDE YARD REQUIREMENTS OF THE RURAL RESIDENTIAL (RR) ZONE DISTRICT AND GRANTING VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE DEVELOPMENT LOCATED AT 1280 UTE AVENUE (LOT 16 CALLAHAN SUBDIVISION) WHEREAS, pursuant to section 24-S-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 WHEREAS, pursuant to section 24-7-S04 (E) (2) of the Aspen Municipal Code, city Council may grant a substantial SPA amendment to vary the dimensional requirements of the underlying zone district; 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, Fredric A. and Fabienne Benedict ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting GMQS Exemption for the construction of two affordable housing units to voluntarily house employees of the Tenth Mountain Trails Association and to obtain a SPA amendment that varies the underlying lot area, front yard, and side yard setback requirements of the RR zone district to accommodate these two dwelling units; and WHEREAS, Lot 16 is zoned Rural Residential with a SPA overlay e'. \\ "\'- ~e (\, ~- ~e. ~ ~,. 370280 B-751 P-141 OS/20/94 02,03P PG 2 OF 5 and affordable housing is a conditional use in this zone district; and WHEREAS, the planning and Zoning commission considered the applicant's request at a public hearing on March 22, 1994, and recommend approval of the applicant's request for conditional use and SPA amendment to city council for the GMQS Exemption and SPA Amendment by a 5-0 vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant GMQS Exemption and a SPA Amendment for two Affordable Housing units to be located on Lot 16 of the Callahan Subdivision pursuant to section 24-S-104(C) (1) (c) and section 24-7-S04(E) (2) of the Aspen Municipal Code. section 2: The conditions of approval which apply to this GMQS Exemption and SPA Amendment are: 1. A landscaping plan shall be submitted to the Planning Office and Parks Department for review and approval prior to issuance of a building permit for the new structure. Any trees over six inches in diameter require a tree removal permit and should be detailed on the landscaping plan. Construction occurring around existing trees should be protected and no digging in the dripline of the trees is permitted. 2. The building permit application package shall contain a letter by a registered engineer that the structure has been designed to withstand avalanche loads. 3. cutting into the ute Avenue pavement for utility installation shall be kept to a minimum. 4. The applicant shall consult city engineering (920-50S0) for design considerations of development within public right-of- way, parks department (920-5120) for vegetation species, and 2 tA.. II' ~. 'w e 3";:'0280 B-751 P-142 OS/20/94 02,03P PG 3 OF 5 shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920-5130). 5. The building permit plans shall include a detailed drawing of the trash area, recycle area, utility meters, and other utility facilities. 6. The applicant shall sign and record deed restrictions for each unit, restricting the units as Category 2 for the studio and Category 3 for the two-bedroom, along with the other conditions listed in the deed restriction. The Housing Office must have the recorded book and page number prior to the issuance of any building permits. 7. The applicant shall submit the revised final development plan which illustrates the specific location of the proposed structure. The final development plan shall be recorded within 180 days of this approval. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning commission shall be adhered to and considered condi tions of approval, unless otherwise amended by other conditions. section 3: Pursuant to section 24-6~207 of the Municipal Code, City Council does hereby grant the applicant ves.ted rights for the site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Qrdinance 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 grant:ed hereby shall be subj ect 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 3 @e.. I, 'l'o e 4'.' I 1~ 370280 B-751 P-143 OS/20/94 02,03P PG 4 OF 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 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: The property shall be described in the notice and appended to said notice. Section 5: A hearing on the Ordinance shall be held on the 1994 at 5: 00 P.M. in the city council - :2< day of 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. 4 -- -1A, 'i... ,II_- V' l " 3"?'0280 B-751 P-144 OS/20/94 02,03P PG 5 OF 5 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the II day Of~", 1994. ~~~ John Bennett, Mayor ATTEST: FINALLY, adopted, passed and approved this d2S- ~ 1994. day of (tL/ !~- John Bennett, Mayor 5