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Home My WebLink Aboutordinance.council.023-97 AN ORDINANCE, OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO APPROVE THE SUBDIVISION FOR THE FIRESIDE LODGE LOCATED AT 130 W. COOPER AVE. CITY OF ASPEN ORDINANCE No. 23, SERIES OF 1997 WHEREAS, the Community Development Department received an application from Fireside Townhomes, LLC, for a GMQS exemption for a change in use, subdivision, and vested rights for the Fireside Lodge, located at 130 W. Cooper Ave. in the City of Aspen, more specifically described as follows: Lots K, L, M, N, 0, and P, Block 61 City and Townsite of Aspen, County of pitkin, State of Colorado; and WHEREAS, pursuant to Section 26.1 00.050 C. 2. a. ofthe Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.88.040 and 26.52.080 of the Aspen Municipal Code, subdivisions and vested property rights may be approved by the City Council; and WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on May 20, 1997, the Planning and Zoning commission approved by a 4 to 0 vote the GMQS exemption for a change in use and recommended approval of the subdivision, with conditions; and WHEREAS, the Aspen City Council has reviewed and considered the proposed subdivision 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 a public hearing. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.88.040 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the proposed subdivision: ,....... -- 1. General Requirements. a) The proposed subdivision is consistent with the AACP; b) The proposed subdivision is consistent with the character of the existing land uses in the area; c) The proposed subdivision will not adversely affect the future development of surrounding areas; d)The proposed subdivision will be in compliance with all applicable requirements of the land use code; 2. That the proposed land is suitable for subdivision; 3. That the applicant has been informed of the necessary and required improvements for this project and is prepared to provide the required improvements; 4. That the applicable design standards will be met; 5. That the Housing Office has concluded that no further affordable housing mitigation is required for this specific application as the proposed change in use from the existing 20 room lodge and restaurant to 4 residential units represents a significant reduction in the requirement for employee housing; and 6. That the required school land dedication requirements will be paid at time of building permit. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council's approval of the subdivision is subject to the following conditions: -------- 1. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of-way. The agreement shall be executed and recorded concurrent with the final subdivision plat; 2. That a copy of the soils report be submitted with the final site development plans for the building permit; 3. That a drainage report and mitigation plans be completed, stamped and signed by a Colorado licensed Engineer and be included in the site development plans submitted for the demolition permit; 4. That utility meters and service connection points be accessible to service personnel and not be obstructed by garbage or recycling containers, other structures or vegetation. Any new surface utilities requiring a pedestal or other above ground equipment be installed on an easement provided by the property owner and not located within the public rights-of-way; 5. That the cash-in-lieu payment for school land dedication be submitted at time of building permit application; 6. That the required. GIS data in a digital format acceptable to the Community Development Dept. be submitted with the final plat; 7. That a subdivision plat and agreement be prepared and recorded following approval by City Council if such approval is granted. All the conditions of approval should be included in the final plat which will meet city and state codes regarding subdivisions. This plat should be recorded prior to issuance of permits for demolition and re- development of the property. The condominium plat will be recorded at substantial completion and prior to issuance of the Certificate of Occupancy. 8. That the applicant work with the Parks Dept. to determine the appropriate spacing and species for street trees and that the mature Spruce trees near the intersection be fenced off with protective fencing to minimize damage during demolition and construction; and 9. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. Section 3: Pursuant to Section 26.52.080 Vested Property Rights, the City Council's . approval of the site specific development plan for this subdivision is hereby vested for a period of three years, subject to the following conditions: 1. The rights granted by this site specific development plan shall remain vested for a period ofthree (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats andªagreements required to be recorded by this Code shall also result in the forfeiture of said vested property rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D). 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in this approval shall exempt the site specific development plan from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 5. The establishment 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 applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. F. Non-vested development. Any development receiving site specific development plan approval which does not establish a vested property right nor obtain a building permit shall have its approval expire eighteen (18) months subsequent to the date of site specific development plan approval. Section 4: This Ordinance shall not affect 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 5: Ifany 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 6: A public hearing on the Ordinance was held on the 28th day of July, 1997, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was 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 9th day of June, 1997. ~l~= John Bennett, Mayor Attest: ~)~~tl-< Kathryn S. ch, City Clerk FINALLY adopted, passed and approved this 28th day of July, 1997. ~ (.3~ John Iknnett, Mayor Attest: ~ ))(/44- Kathryn s. K , City Clerk g:\planning\aspenlonllnancelf"uesid3