HomeMy WebLinkAboutordinance.council.029-95~8~,~o B-788 P-43 07/24/95 0~34P PG 1 OF 4 REC DOC NI
~L. VIA DAVIS PlTKIN COUNTY CLERK & RECORDER 21~00
ORDINANCE NO. 29
(Series of 1995}
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADiO,
APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTSi
FOR A PERIOD OF THREE YEARS FOR THE 1994
LODGE GROWTH MANAGEMENT ALLOTMENT
FOR THE L'AUEERGE LODGE, 435 W. MAIN STREET,
LOTS A-i, BLOCK 38, TOWNSITE OF ASPEN
WHEREAS~ the Growth Management Commission reviewed the
L'Auberge in conjunction with growth management scoring; and
WHEREAS, the city's Planning and Zoning Commission also
reviewed a proposed text amendment and contitional use review for
the proposal; and
WHEREAS, on June 12, 1995 the city Council of the city!of
Aspen awarded a lodge development allotment of eleven units from
the 1994 quota and one unit form the 1995 quota pursuant !to
Resolution No. (Series 1995) under the growth management quota
system as set forth in Article 8 of Chapter 24 of the MuniciPal
Code; and
WHEREAS, the expansion of the lodge requires the mitigation
of .4 employees; and
WHEREAS, the applicants originally requested that the City
Council approve an affordable housing mitigation package in which
it would pay cash-in-lieu for approximately 100% of the employees
generated and a deed restriction on the manager's unit that would
be enforced if the unit is ever sold or rented to a non-manager of
the lodge; and
WHEREAS, the Aspen/Pitkin County Housing office reviewed the
proposed mitigation package on April 10, 1994 and forwarded the
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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
W~EREAS, based on typical incomes of general lodge employees,
the Housing office also recommends that any on-site housing be deed
restricted as a Category 2 unit; and
WHEREAS, the Growth Management Commission was split as to
whether the applicant should provide on-site housing or cash-in-
lieu and acknowledges that Council is required to accept the method
of mitigation; and
W~EREAS, the City Council has determined the L'Auberge Lodge
should mitigate required employee housing by the conversion of an
existing cabin on-site to a category 2 deed restricted dwelling
unit; and
W~EREAS, 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
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 24-8-111 of the Aspen
Municipal Code, city Council does hereby accept the employee
housing mitigation plan for .4 employees as required by the
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L'Auberge Lodge project to be as follows:
1) The applicant shall deed restrict an existing cabin on the
parcel to category 2 price and income guidelines.
2) The applicant shall record a deed restriction that has been
reviewed and approved by the Housing office.
3) The Housing Office shall inspect the deed restricted unit and
the applicant shall upgrade the unit, if necessary, to Housing
Office specifications.
4) The above housing mitigation conditions shall be accomplished
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
435 W. Main Street, L'Auberge Lodge, site specific development plan
as follows:
1. The rights granted by the site specific development plan
approved by Resolution No. , Series of 1995, shall
remain vested until June 12, 1998. 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 Ordinanceior
Resolution No. , Series of 1995, shall exempt the site
specific development plan from subsequent reviews andlor
approvals required by this Ordinance, Resolution No.
Series of 1995, or the general rules, regulations!or
ordinances of the City provided that such reviewsior
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 ana 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,
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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,
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 public hearing on the Ordinance shall be held on the
/~- day of , 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, lby
the City Council of the City of Aspen on the~day of~ ,
John ~ennett,. Mayor
city Clerk
adopted, passed and approved this /3 day of
1995.
John tt, Mayor
ty Clerk