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Home My WebLink Aboutordinance.council.011-96 ___ ...n_ e ORDINANCE NO. 11 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO AHlIPUD (AFFORDABLE HOUSING/PLANNED UNIT DEVELOPMENT AND CONCEPTUALIFINAL PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR THE BLEEKER STREET VICTORIANS PROJECT FOR TWO FREE MARI(ET UNITS, TWO RESIDENT OCCUPIED UNITS, AND THREE DEED RESTRICTED UNITS SITUATED ON LOTS A AND B, BLOCK 66, CITY AND TOWNSI'fE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in September of 1995, the Affordable Housing/Planned Unit Development (AHlIPUD) zone district was createcl to promote private sector development of deed restricted affordable housing by allowing limited free market residential development within a project; and WHEREAS, Lany Salitennan (Applicant) submitted an application (the "Plan") to the Planning Office for rezoning of a 6,000 square foot parcel at 101 East Bleeker Street fi'omR-6 'I (MediLUll Density Residential) to AHlIPUD in conjlUlction with an application for Conceptual/Final PUD and Parking Special Review; and WHEREAS, the Planning and Zoning COlllinission reviewed the development proposal in accordance with those procedmes set forth at Section 26.84.030 (3), 26.84.030 and Section 26.92.020 of the Municipal Code and did conduct a public hearing thereon on March 5, 1996; and WHEREAS, upon review and consideration of the plan, agency and public COlllillent thereon, ancl those applicable standards as contained in Chapter 26 of the Mmllcipal Code, to wit, Section 26.84.030 (Consolidated Review) and Section 26.92.020 (Zoning Amendment), the Platming atld Zoning Commission has recOlllinended final approval of the "Victorians at Bleeker" development, subject to conditions, to the City COlUlcil; atld e 11111II111111111111II11~1II111111111111 III IIIII 11111111 403368 04/14/1997 03:41P ORDINANCE 1 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK e , e WHEREAS, the Planning and Zoning Commission fmiher granted Special Review approval for parking reduction in the A1-l1/PUD zone district; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the MlU1icipal Code as identified herein, has reviewed and considered those reconnnendations and approvals as granted by the Planning and Zoning Commission, and has talcen and considered public conunent at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standm-ds mld that the approval of the Plml, with conditions, is consistent with the goals and elements of the Aspen Area Conununity Plan; mld WHEREAS, the City COLUlci1 finds that this Ordinmlce fmlhers and is necessm-y for public health, safety, mld welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pmsumlt to Ordinance 55, Series of 1995, the City Council finds as follows in regm'd to the zoning map mnendment component ofthe Plan: 1. The proposed zoning mnendment as set f01ih in the Plml are not in conflict with the provisions of Chapter 26 of the Mmllcipal Code or the Aspen Area C01mnunity Plml. 2. The proposed zoning amendment is compatible with the sLUTOlU1ding zone districts and Imld uses, mld is consistent with the neighborhood characteristics. 3. The proposed zoning mnendment will not adversely impact traffic generation or road safety when talcen into consideration with the other aspects of the Plml. 4. The proposed zoning amendment is consistent and compatible with the c01mnLUllty chmacter of Aspen. 2 111111111111111111111111111111111111111111111111111111I 403368 04/14/1997 03:41P ORDINANCE 2 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK e e Section 2: Pm-suant to the findings set forth in Section 1 above, the City COlillci1 grants Conceptual and Final PUD approval, subject to the following conditions: 1. All material representations of the applicant, either in the application or during the public hearing before the Planning and Zoning Commission and the City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. The applicant shall agree to join any future improvement district which may be formed for the purpose of constructing improvements in the public-right-of-way. 3. The building permit appiication must include a stonnwater runoff mitigation plan for construction activities to ensure that no runoff enters the public right-of-way. 4. The existing utility pedestal shall be relocated onto an easement on the applicant's property at the time of development and any new surface utility needs for pedestals or other equipment shall be installed on an easement provided by the applicant and not in the public right-of-way. 5. The final development plan must include trash/recycle storage areas. Any trash and recycie areas that include utility meters or other utility equipment must provide that the utility equipment not be blocked by trash and recycle containers. 6. The applicant shall obtain an easement from the adjacent property owner, to the satisfaction ofthe City Engineer, to ensure adequate access to the garage openings. 7. The Final Development Plan must indicate proposed landscaping in the public right-of- way. 8. Sidewalks shall be required on both the Garmisch and Bleeker street frontages. The design and location of the sidewalks shall be approved by the City Engineer prior to construction by the applicant. 9. The existing street light mounted on a former utility pole at the corner of Garmisch and Bleeker shall be replaced with an antique street light. 10. The final plat must indicate easements of record based on current title policy. 11. The applicant shall receive approval from City Engineering for design of improvements, including iandscaping, within the public right-of-way, park department for vegetation species, and street department for streets and alley cuts, and shall obtain permits for any work or development, including landscaping, with the public rights-of-way from the City Community Development Department. 12. The two studio units shall be deed-restricted to Category 4. The maximum sale price for one of the studio units shall not exceed the mid-point between the maximum sale price allowed under Category 3 and the maximum sale price allowed under Category 4. " " 11111111111I11111111I111111111111111111111 11111111I1111 403368 04/14/1991 03:41P ORDINANCE 3 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK e Section 3: Pursuant to Section 26.92.020, and findings set fmih in Section 1 above, the City Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the condition specified below: 1. Affordable Housingl/Plal111ed Unit Development (AI-Il/PUD) zone district shall be applied to Lots A and B, Block 66, City and Townsite of Aspen. Section 4: All material representations and conunitments made by the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City COlmcil, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set fmih herein, unless amended by other specific conditions. Section 5 : The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby :1 amended to reflect the rezoning action as set forth in Section 3 above and such amendment shall be promptly entered on the Official Map in accordance with tlle Mlmicipal Code. Section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending lmder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded lmder such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of tlns Ordinance is for any reason held invalid or lmconstitutional in a comi of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions tllereof. - Ut~~8'!~~"~~~J~10~lm" 1!!!'[!!l~11I1II11111111 4 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 4 e - '. Section 8: 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 propeliy right pmsuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following-described propeliy: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 9: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 10: A public hearing on the Ordinance shall be held on the 22nd day of April, 1996 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen 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 25th day of March, 1996. ~ IY~L- John Bennett, Mayor i ; f ,I. ~""',.,. ,-..",.,\' ,,~,(to"'~ ,-"Auest" \~,-,~ f ~~'f1 ~ .t.. : .<., ~ -4V '.L ..""...;~.,.', ::: . ....'; ..', .- "v~i!ll\""""'\" .'- \',~ ' '(:< ';:',',,",i",,-;. " ;;. ~ '_.._,.,J~W'''~4,\\,\:.,..,..:"",.-.,:~/;.... .. _,.,.f>......,... , ' .. .. .. "';:-,. . ",,~ Kathryn S., .l{ocl).{ City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIII~ 111111111111I11111111I1111 403368 04/14/1997 03:41P ORDINANCE 5 of 6 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 5 e e e FINALLY, adopted, passed and approved this 22nd day of April, 1996. e 1~~;t(- John ennett, Mayor Attest:"'"'''' " "vi f JIS~"r k .;:~..,.., ....,....~..~'."','" : . A ~ K,~~ .1\ oeh, ~t,~Y Clerk z . .~t ..... . ./' . .. CO( 'Ii',~~ ~ ' 11111111111111111111I1111111111111111111111111111111111 403368 04/14/1997 03:41P ORDINANCE 6 of 8 R 31.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 6