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HomeMy WebLinkAboutordinance.council.019-94 ORDINANCE N0.19 (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL ANENDMENT TO THE FINAL PUD PLANt AN AMENDMENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE UTE TRAIL TOWNHOMESv 831 UTE AVENUEt CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1990 the Ute Trail Townhomes final PUD development plan was approved by the City Council; and WHEREAS, the final development plan included four free market dwelling units with eight parking spaces and seven affordable dwe~ting units with eight parking spaces; and WHEREAS, since the original approval, the free market units have been reduced to three units and the employee housing four- plex has been shifted to the northwest two feet; and WHEREAS, the applicants, Epoch Properties and Sister City Housing, have submitted a request to amend the 1990 final PUD development approval to reduce the eight parking spaces for the affordable housing to seven, construct seven garages for the affordable housing, and amend the GMQS exemption for affordable housing; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct a public hearing therein on April 5, 1994; and WHEREAS, upon review and consideration of the amendments, 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), the Planning and Zoning 1 Commission has recommended approval of the substantial amendments to Ute Trail Townhomes final PUD development plan subject to conditions, to the City Council; and WHEREAS, the Aspen city Council has reviewed and considered the amendments 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 city Council finds that the amendments, with conditions, are consistent with the approved conceptual and final PUD development plans; 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, COLORADO as follows: Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The applicant's amendments to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved conceptual and final development plans. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Ute Trail Townhomes final PUD development plan for the reduction of eight parking spaces for the affordable housing to seven spaces and the construction of seven garage spaces with the following conditions: 1. Prior to the issuance of a change order for the garage, the Aspen Consolidated Sanitation District shall review the drainage plans for approval. 2. A five foot sidewalk area shall be provided along Ute Avenue and indicated on the amended plat. Prior to the issuance of a change order for the garage, the applicant shall sign a sidewalk, curb and gutter agreement. 3. An amended plat must be filed within 180 days of final approval or the approval is void. The plat must be reviewed by the Planning and Engineering Department prior to filing. 4. Utility transformers and pedestals shall be installed, unobstructed, on the applicant's property with easements provided as needed. Easements must be indicated on amended plat. The location of the trash and recycle facilities must be shown on the amended plat. 5. The applicant shall consult city engineering (920-5080) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, incl,[ding landscaping, within public rights-of-way from city streets department (920- 5130)." 6. One of each garage parking spaces shall be assigned to each AH unit and shall be indicated on the condominium plat and outlined in the condominium declarations. Section 3: The Aspen City Council approved the amendments to the GMQS Exemption for the affordable housing at the Ute Trail Townhomes with the following conditions: 1. If the Displaced Tenant List is exhausted and units remain unsold, the remaining units may be sold at the Category 3 guidelines. 2. If a resident on the Displaced Tenant List qualifies in the Category 3 income range then a category 2 unit shall be sold at the Category 3 guidelines. 3. The Resident Occupied unit deed restriction shall be modified to a Category 3 or Category 4 deed restriction. 3 Section 4: Ail material representations and commitments made by the applicant pursuant to the amended PUD plan 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 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: 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 7: A public hearing on the Ordinance shall be held on the ~_ day of ~, 1994 at 5:00 in the City Council Chambers, Aspen city Hall, As~en 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, by the City Council of the City of Aspen on the ~_~ day of Kathry~~,-eity Clerk FINi~LLy, adopted, passed and approved this ~_~ day of /27~ , 1994. John ~ennett, Hayor 4