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Home My WebLink Aboutordinance.council.070-94 _em, \'~ ~, tA '. ~, \\\,. ORDINANCE NO. 70 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORAQO, APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 1994 COMMERCIAL GROWTH MANAGEMENT ALLOTMENT FOR THE 624 EAST HOPKINS PROJECT LOCATED ON LOT Q AND ONE-HALF OF LOT R, BLOCK 98, TOWNSITE OF ASPEN WHEREAS, the Aspen Planning and Zoning commission reviewed the 624 E. Hopkins project on November 1, 1994, and approved, in conjunction with growth management scoring, special reviews for trash area reduction and parking reduction; and WHEREAS, on November 28, 1994 the City Council of the city of Aspen awarded a commercial/office development allotment in the CC (Commercial Core) and C-1 (Commercial) zone districts for 1994 pursuant to Resolution NO.88 (Series 1994) under the growth management quota system as set forth in Article 8 of Chapter 24 of the Municipal Code; and WHEREAS, the development project known as 624 E. Hopkins was awarded 2,700 square feet of net leasable area within the 1994 commercial/office development allotments; and WHEREAS, the development of the 624 E. Hopkins project must mitigate for 7.09 employees; and WHEREAS, the 624 E. Hopkins project originally requested that the City Council approve an affordable housing mitigation package in which it would pay cash-in-lieu at the Category 3 level for its entire affordable housing obligation. This was because the small size of the site essentially precludes incorporating housing into the building design which has already received approval by the Historic Preservation Committee; and 1 ~- 'III' e, ~, .'...... el , '" WHEREAS, the Aspen/Pitkin County Housing Office reviewed the proposed mitigation package on October 18, 1994 and forwarded the Housing Board's preference to first provide on-site housing, secondly provide off-site housing, and lastly provide cash-in-lieu for affordable housing mitigation; and WHEREAS, based on typical incomes of general office employees, the Housing Office also recommended that any cash payment be calculated on the average of the Category 2 and Category 3 income amounts; and WHEREAS, in consideration of the difficulties of the site and Housing Office's second preference to purchase units, the applicant met with the Housing Board on January 4, 1995, to discuss the purchase of a duplex in the Woody Creek area. The Housing Office then forwarded to the Planning Office and city Council an updated opinion which supported the purchase of the Woody Creek units, with conditions, and included the fall-back option for all cash-in-lieu mitigation for this project; and WHEREAS, the City Council has determined the 624 E. Hopkins housing mitigation proposal for the purchase of the Woody Creek duplex and/or all cash mitigation for 7.09 employees to be fair and equitable and consistent with the mitigation requirements contained in Section 8-109 of Chapter 24 of the Municipal Code; and WHEREAS, a request for Vested Rights for the development was submitted to the Planning Office within the growth management application; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal 2 -' \);, '., ' " .*".,'" \1'-, l\~~ tit, ~. ~(. , ~"< Code the 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: section 1: In accordance with section 24-8-109(J) of the Aspen Municipal Code, city Council does hereby accept the employee housing mitigation plan for 7.09 employees as required by the 624 E. Hopkins project to be as follows: 1) The applicant shall exercise all due diligence to purchase a six bedroom duplex in the Woody Creek area to house six persons subject to the following: a. The units will be rehabilitated to the extent required to meet health and safety codes and provide affordable, quality units that will not require additional improvement or maintenance costs. b. The units households, price for a will be sold to qualified at prices that do not exceed the Category 2 three-bedroom unit. Category 2 maximum sale c. The remaining 1.09 employees shall be mitigated by the payment of cash at a rate which is the average of the Category 2 and Category 3 cash-in-lieu amounts as established in the APCHA Guidelines in effect at the time of payment. Payment shall be made to the city Finance Office. 2) If the above alternative cannot be provided, the applicant shall pay cash-in-lieu for 7.09 employees at a rate per person which is the average of the Category 2 and Category 3 cash- in-lieu amounts as established in the APCHA Guidelines in effect at the time of payment. Payment shall be made to the city Finance Office. At a minimum, in order to demonstrate that a good faith effort to purchase a unit (s) was pursued, the applicant shall a provide to the city a purchase contract for said property which was rejected, prior to the City's acceptance of the cash-in-lieu payment. 3) The above housing mitigation conditions shall be accomplished 3 e (It. 1'\", \, '<C ~'- Ii \t\.,,_ prior to the issuance of any building permits for the project. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 624 E. Hopkins site specific development plan as follows: 1. The rights granted by the site specific development plan approved by Resolution No. 88, Series of 1994, shall remain vested until November 28, 1997. 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. 3 . Nothing in the approvals provided in this Ordinance or Resolution No.88, Series of 1994, shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance, Resolution No.88, Series of 1994, or the general rules, regulations or ordinances of 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 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 3: 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, 4 ei, ~; "~ tA ~. t~" .. -- -- 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 4: A~ing on the Ordinance shall be held on the ~ 'f day ~1995 at 5: 00 P.M. in the city council Chambers, Aspen City Hall, Aspen colorado, fifteen (15) days prior to which a hearing of 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~th day Of~ 1994. !S~ John ~FINALLY' adopted, ~' 1995. passed and approved this 023 day of ~ !?~- John enne~t, Mayor rk 5