HomeMy WebLinkAboutordinance.council.056-03ORDINANCE NO. 56
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD
AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE
APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL
HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT;
AND APPROVING A SUBDMSION AND A REZONING REQUEST TO ALLOW
FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7-074-2 7- 701
WHEREAS, the Community Development Departmem received an application
from Centennial Aspen II Limited Partnership, represented by Alan Richman Planning
Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS
exemption for the development of affordable housing to allow for the previously
approved model unit in Building H to be converted into a deed restricted employee
housing ~and a subdivision and rezoning request to allow for the existing playground
~trea outside of Building H to be subdivided, rezoned to the Park Zone District. and
dedicated to the City of Aspen as a public park; and,
WHEREAS, the Planning and Zoning Commission approved the addition of a
model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of
2003; and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development; Section 26.470, Growth Management Quota System; Section 26.480,
Subdivision; and Section 26.310. Amendments to the Land Use Code and Official Zone
District Map; City Council may approve~ approve with conditions, or deny the land use
requests made by the applicant during a duly noticed public hearing after taking and
considering comments from the general public, and recommendations from the Planning
and Zoning Commission, Community Development Director, Housing Authority Staff
and relevant referral agencies; and,
WHEREAS, upon review of the application and the applicable code standards,
the Housing Authority has reviewed the requested waiver of asset, residency, and income
restrictions and recommended approval of such waivers with conditions; and,
WHEREAS. upon review of the application and the applicable code standards,
the Community Development Deparrmem reconmaended approval of the proposed PUD
amendment, GMQS exemption, subdivision, and rezoning requests, with conditions; and,
WHEREAS, during a duly noticed public hearing on October 21, 2003, the
Planning and Zoning Commission approved Resolution No. 24, Series of 2003, by a six
to zero (6-0) vote, recommending that City Council approve the requested PUD
amendment, GMQS exemption for affordable housing, subdivision, and rezoning; and.
WHEREAS, the Aspc~n City Council has reviewed and considered the developmem
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission. the
Community Developmem Director, the Aspen/Pitkin County Housing Authority Staff, the
applicable referral agencies, and has taken and considered public commc~nt at a pubhc
hearing; and.
WHEREAS, the City Council finds that the developmem proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions for
affordable housing, City Council hereby approves a PUD Amendment and a GMQS
exemption m allow for the previously approved model unit in Building H of the Centennial
PUD to be converted into a deed-restricted affordable housing unit with the following
conditions:
Occupancy of the unit shall be limited to no more than 60 days per year,
including no more than 15 days during any month and no more than 10
consecutive days at any time until such time as the unit is either rented or
until the unit is sold, either as a separate condominiumized unit or as part of
the Centennial Rental Affordable Housing Complex. Upon the unit being
rented or being sold with the remainder of the Centennial complex, the unit
will be required to be rented or sold pursuant to the terms of the Centennial
disposition and development agreement for a Category 3 unit.
· 3.
The Applicant shall submit a quarterly report to the Aspen/Pitkin County
Housing Authority detailing who has occupied the unit and on what dates it
has been occupied during the past quarter. The quarterly report shall be
submitted until such time as the unit is rented on a full-time basis or until the
unit is sold as part of the remainder of the Centennial Rental Complex.
A waiver of asset, residency, and income restrictions shall be in place until
such time as the unit is rented On a full-time basis or until the unit is sold as
part of the remainder of the Centennial Rental Complex.
4. Approval of this request supercedes Planning and Zoning Commission
Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition
No. 10 in said resolution. With the exception of Conditions 1 and 10 of
Planning and Zoning Commission Resolution No. 12, Series of 2003, the
conditions in said resolution remain in full effect.
Section 2:
That City Council hereby approves the proposed subdivision request to parcel off the
existing playground for the purpose of improving the playground and dedicating it to the
City of Aspen as a public park, with the following conditions:
The Applicant shall prepare a subdivision plat to be recorded at the Pitkin
County Clerk and Recorder's Office within 180 days of City Council's
approval. The Applicant shall also prepare a subdivision agreement to be
recorded at the Pitkin County Clerk and Recorder's Office within 180 days
of the City Council's approval.
The Parks Department shall be able to use the Centennial water system to
irrigate the park at the Applicant's expense. However, the City of Aspen
Parks Department shall maintain the sprinkler system within the Park Parcel.
3. This PUD amendment shall establish the minimum lot size for the park
parcel at 6.000 square feet.
A sign shall be erected at the sidewalk connection between the Park Circle
sidewalk and the park's interior sidewalk that clearly identifies this
connection as the entryway to the park.
5. Utility maintenance easements shall be granted to the utility agencies that
currently have utility services located in the land to be dedicated as the park.
6. The City shall place a conservation easement over the park parcel.
If it is determined that any portion of the Centennial Subdivision/PUD is
located outside of the City's incorporated boundaries, then the Applicant
shall submit a petition to annex those lands in conjunction with filing the
subdivision plat that is required to be prepared in Condition No. 1 above.
Section 3:
That City Council hereby rezones the playground parcel to be created to the Park (P)
Zone District.
Section 4: ~_
This Ordinance shall not effect 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 construed and concluded under such -'~''~
prior ordinances. _r____~
Section 5:
If any 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 shall be held on the 8th day of December, 2003, in the
City Council Chambers, Aspen City Hall, Aspen. Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 10th day of November 2003.
Attest:
~d approved by a vote of five ro zero (5-0), ~s 8~ day of
Clerk
Approved as co form:
~'Oh~l~. W~cg~est'e~r, di~y Attorney
1211SI2003 12:1Sp
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~4&Y, 28, 2004 '"20AM PI-KIN COUNTY CLERK RECORDER' NO, 645 c 1
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This Special Warranty Deed (this "Deed") is made this , day of ,
2004 between CE~-ASPEN 1I LIMITED PARTNERSHIP, a Colorado lj-,'.lted
parmer~p, whose ,Atress is c/o Centeo-lal Community Mam~ement, In~., 100 Luko Short
Court., Aspen,. Colorado 81611 ("(}rantor"), and the CITY OF ASPEN, COLORADO, a
municipal" corporation of the State of Colorado, whose address is City Hill, 130 S. Galena Street,
Aspe~ Colorado 81611 ("Gr~ee").
Grantor, for the consideration of Ten Dollars ($I0.00) and other good and valuable
comidemtion, the receipt and sufficienCy of wMch are hereby acknowledged, hereby sells aud
conveys to Gtan~e and its successors arid assig~ forever the r~al pro~ (the "Propeily")
described as follows:
Lot 3B,
Third Amended Pht of the Centc~inial Subdivision,
city ofAsp ·
Couu~ of Pitkin,
State of Colorado;
Reserving, however, to the Grantor ~ Right of Re-entry for condition broken, as described
below (the "Right of Re. entry"), with all its appurtenances, and warrants the title ags;nst all
persons claiming under the Grantor and not otherwise, EXCEPT AND SUB/ECT TO (i) those
mailers of record'as of th~ date hereof'and (ii) the Oraut0r's Right of l?.e-entry, which Right of
~Re-entry is made for the benefit of Grantor, its successors, and assigns, and which Right of Re-
entry imposes a burden on the Property, Cr~ acknowledges thai the Right of Re-entry
represe~s an important part of the consideration paid for the Property, and a mataial
inducement to Crra~tor for convey/n/the Property to Grantee.
Grantor is conveying the Property to Gra~ee for dedication or other permanent
appwpriation by Grantee as a public park a~d children's playground and for no other purpose.
In fhe event the Property is not so dedicated or permanently appropriated on or before ~ date
that is one year after the dat~ ofrecozdi~g this Deed, or if at any time Crmntee ceases to own thc
Pwperty or the Property is used for'any purpose other than a public park or children's
play~round, Grantor shall be entitled, upon the exercise of Grantor's Right of Re-entry by
written notice to Grantee, io a reconveyance of thc Property and delivery of exclusive possession
of She Prop~. In that. event, Crrar~e's ~eeonveyance and delivery of exclusive possession to
Grantor of the PrOl:erty .will be by Special Warranty Deed, fr~e and clear of all liens and
enc~mbrauces other than thos~ matters listed on Bxhibit~ Funh~re, in the event (}ran~
/~r. ercises such Righ~ of Re-entry, (}ranter shall be entitled io r~move any and ali improvements
or .personal property located on the P~openy (g~e "Improvemenm"), and landscape or otherwise
improve the Property, subject to She applicable requirements of the City of Aspen Municipal
Code and other appliCable state and local laws.
NO DOCUMENT~Y FEB IS REQUIRED PURSUIT TO COLO. REV. STAT. § 39-13-
m4(O(a) '
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C:~WINDOWSWemporsry In.met FflestConientlBb~OBX4BI!ASPIiCIAL WARRANTY
~AY, 28,2004 11:21AM PITKIN COUNTY CLERK RECORDER NO, 645 P, 2
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HLVXR DAVIS PlTKXN COUNTY ¢0 R 26,eo o e,ee
In consideration of the conveyance of the Property ~o Grantee, Grantee shall, a, all times,
maintain the Property and any improvements there~ or equipment located thereon ina clean,-
sa~, and sanitary condition ~o the s~me s~andard as other property owned or ope~ted by the
Orantee for similar purposes. In addition, for so long as the Property is owned by C-rantce or
used for park or phyground purposes, t.~. Prop~-ty shall be named and be known as "Willa
Park" and shall be so idemified on all of Grantee's maps and municipal documents and on any
on-site identification of the Property as a park or playground owned and operated by Orantee,
Crrantor has executed this Deed on the date set ~orfll above.
CENT~ASPEN II LIMITED PARTNEI~HIP,
a Colorado limited parmers~p
CENTE~AL-ASPHN, A LIMITED PARTNERSHIP,
a Colorado iimked parmership, Genre-al Partner
STATE OF COLORADO
By:
COUNTY OF
WORLD CLASS HOUSING, INC., a Delaware
Sam W. Bmva, J~., PresidenI
Acknow.l~:l. ged before me this ~. day of _~r,~. , 2004 by Sam W.
Brown, Ir., President of World Class Housing, Inc., a Delawar~orporation, General Partner of
Cemennial-Asper~' a Limited Partnership, a Colorado limited partnership, General Partner of
Cenlennial-Aspen li Limked Partnership, a Colorado limited partnership.
Witness my hand and official seal.
[SISAL]
, J / N°tary lbublic
My Commlssmn Expires:~
~ Commis~n Exoi~ea u ~,
~AY, 28, 2O04 I~:21AM )tTKIN COUNTY C_ERK RECORDER NO, 645 P. 3
ACCEPTED AND AGREED to by (traraee tiff day of 2004,
CITY OF ASPEN,
ATTEST:
Kathryn KocJ~/C~ty Clerk
APPROVED AS TO FORM:
ASPEN CITY ATTORNEY,
Attorney for the City of Aspen
Woods, Dir~'tor of
D~artment of Communi~ Development
As~tant Citr Attornor
STATE OF COLORADO )
COUNTY OF PITKIN )
g~-~d, ~r of~ Ci~ of~p~ a'Coi~ ~ip~
~xpkos:
, 2004 by. H. el~n