HomeMy WebLinkAboutordinance.council.049-94
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P-487 01/11/95 11:0SR PG 1 OF 7
PITKIN COUNTY CLERK & RECORDER
REC
35" IZitZi
DOC
ORDINANCE NO. 49
(SERIES OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR
THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS
AND FOUR FREE MARKET DWELLING UNITS UNDER THE
MULTI-FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION
APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS
FOR THE 204 EAST DURANT PROJECT
WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND 0,
CITY AND TOWNSITE OF ASPEN
WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal
Code, an applicant may reconstruct a mUlti-family housing project
if the project meets the criteria of this provision of the Aspen
Municipal Code; and
WHEREAS, pursuant to section 24-7-1004(C) of the Aspen
Municipal Code, City Council grants final subdivision approval; 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, SGA Aspen Limited Liability Company, c/o Doug Allen,
("Applicant"),
as represented by Sunny Vann,
submitted an
application to the Planning Office requesting construction of eight
dwelling units under the resident mUlti-family housing replacement
program, subdivision, vested rights, and a text amendment to allow
parking on garage aprons in mUlti-family projects; and
WHEREAS, the 204 East Durant project is located within the
L/TR zone district and meets the dimensional requirements of this
zone district; and
WHEREAS, the Planning and Zoning commission considered the
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applicant's request at a pUblic hearing on July 5th and August 2,
1994, at which time they recommended approval to city council for
the replacement housing project and the text amendment. The
commission also granted Special Review approval for parking for the
affordable dwelling units.
The Commission also granted Special
Review approval for apron parking based on the proposed text
amendment, should city council approve the proposed text amendment.
The Commission's conditions are detailed in Resolution 94- ; and
WHEREAS, the Commission voted 7-0 to recommend approval to
City council for the replacement housing project and sUbdivision,
and voted 8-0 to recommend approval for the text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1: Pursuant to section 24-7-1004(C) of the Municipal Code,
City council does hereby grant the applicant Subdivision approval
subject to the following conditions:
/1.
The replacement affordable housing units shall be fully deed
restricted as follows:
unit 1
unit 2
Unit 3
unit 4
category #2
Category #1
Category #2
Category #2
(2 bdrm, 850 net livable sq.ft.)
(1 bdrm, 600 net livable sq. ft.)
(1 bdrm, 600 net livable sq.ft.)
(studio, 400 net livable sq. ft.)
12.
The applicant will need to obtain approval from the Housing
Office as to the quality of fixtures, finish, and amenities
of the affordable housing units, prior to the issuance of any
building permits for the project.
j 3.
Prior to issuance of any building permits, the applicant shall
record the deed restrictions for the affordable housing units
and forward a copy to the Planning Office.
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8-771 P-4S9 01/11/95 11:08R PG ~
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As recommended by the Aspen Fire Protection District, the
applicant shall have a residential sprinkler and alarm system
installed in the proposed structure. These systems shall be
identified on the building plans.
5. As recommended by the city Engineer in his memo dated June 16,
1994 the applicant shall:
a. provide a drainage plan which shall be approved by the
city Engineer, prior to issuance of a building permit.
b. submit a parking plan, prior to the issuance of a
building permit, which illustrates the size and location
of all parking spaces and planters.
c.
submit a
utility
issuance
site plan which shows a trash and recycle area,
meters, and other equipment, prior to the
of a building permit.
d. consult the City Engineering Department (920-5080) for
design considerations, city Parks Department (920-5120)
for vegetation alterations including -tree removal, and
shall obtain permits from the City S'treets Department
(920-5130) for any work or development within public
rights-of-way, prior to commencing any of this work.
The Zoning Enforcement Officer identified the following items
that shall be submitted prior to issuance of a building
permit:
a. an open space plan indicating the areas counted per the
"Open Space" definition in Section 24-3-101.
b. height information in accordance with Section 24-3-101
of the Land Use Regulations.
In order to be in compliance with the recommendations of the
Water Department, the applicant shall:
a. connect to the 20-inch water main in Durant Avenue and
this shall be verified during the building inspection
process.
b. pay its proportionate share of the costs associated with
the abandonment of the existing 6-inch water line in
Durant Avenue.
c.
contact the Customer Service Department (920-5031) to
review the proposed plans to establish the amount of the
utility connection charges and to review detailed plans
to provide water service, including water metering of the
proposed units.
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A sidewalk, curb and gutter shall be installed along E. Durant
and Aspen street, prior to issuance of any certificates of
Occupancy for the project. This sidewalk shall be a concrete
surface, at least five feet wide, and no obstacles within this
width. The final design of the sidewalk shall be approved by
the Parks Department and shall minimize impacts to existing
trees to the greatest extent possible.
J 9. The applicant shall submit a Final Plat and Subdivision
Agreement within 180 days of city council review, for review
and approval by the City Attorney, city Engineer, and Planning
Office.
~10. All landscaping shall be reviewed and approved by the Parks
Department, prior to the issuance of any building permits or
the start of any earthmoving activities.
/11.
All material representations made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
IG
All garage aprons shall be snow melted.
Agreement shall indicate that snow melted
common element of the free-market uses for
utility payments and maintenance.
The Subdivision
driveways are a
the purposes of
I
,/13.
The applicant shall redesign the entry into the affordable
housing units so that there is a gabled roof that does not
shed snow onto the entryway. This shall be completed prior
to issuance of any building permits.
/
v 14. The affordable housing units shall not be sold with the free
market units, but shall be conveyed to the Homeowner's
Association which will oversee the rental of these units to
qualified individuals.
v/15. Existing tenants of the property shall have first priority at
renting or purchasing the affordable dwelling units. Such
rights not to be unreasonably withheld, as determined by the
Housing Authority Board.
section 2:
Pursuant to the concurrent text amendment revising
section 24-7-404 (B) "Off-street parking requirements" of the
Municipal Code, should Council approve the text amendment in
Ordinance 50, the applicant shall comply with the following
condition:
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B-771 P-491 01/11/95 11:08A PG 5
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1.
Prior to the issuance of a building permit, the applicant
shall submit a landscaping plan that provides visual
relief of the parking spaces to be reviewed and approved
by the Parks Department and Planning Office.
section 3:
Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
204 East Durant 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 properly 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 granted hereby shall be subject 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
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
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B-771 P-492 01/11/95 11:08R PG 6
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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 public hearing on the Ordinance shall be held on the
..LL day of &c?,~1t.....-1994 at 5:00 P.M. in the City Council
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
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Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
day of~vLl.~
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John 'Bennett, Mayor
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adopted, passed and approved this
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B-771 P-493 01/11/95 11,00R PG 7
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John ennett, Mayor
..ATTEST:
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