HomeMy WebLinkAboutordinance.council.057-03ORDINANCE NO. 57
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING PUD AND
GMQS AMENDMENTS TO THE TOP OF MILL (LOT 3, ASPEN MOUNTAIN
PUD) AND BAVARIAN INN PLANNED UNIT DEVELOPMENTS TO ALLOW
FOR AMENDMENTS TO THE APPROVED AFFORDABLE HOUSING
CATEGORIES WITHIN BOTH DEVELOPMENTS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2 73 7-182-02-202
Parcel ID: 2735-123-08-004
WHEREAS, the. Community Development Department received an application
from Four Peaks Development, represented by Scott Writer, requesting approval of a
PUD amendment and a GMQS amendment to the Bavarian Inn and Top of Mill Planned
Unit Developments to allow for 1) the affordable housing unit at 821 W. Bleeker to
convert from a Category 2 affordable housing unil to a Category 3 affordable housing
unit and to allow for Unit 204 in the former Bavarian Inn building to convert from a
Category 3 affordable housing unit to a Category 2 affordable housing unit; and to allow
for 2) the affordable housing unit ar 814 W. Main Street to convert from a Category 4
affordable housing unit to a Category 2 affordable housing unit and to allow for Unit D,
Parcel 2. of the Top of Mill PUD to convert from a Category 2 affordable housing unit to
a Category 4 affordable housing unit; and.
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development and Section 26.470, Growth Management Quota System, 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, and relevant referral agencies: and,
WHEREAS, upon review of the application and the applicable code standards.
the Community Development Director recommended approval of the proposed
amendments; and,
WHEREAS. upon review of the application and the applicable code standards,
the Housing Board recommended approval of the proposed amenchnents; and,
WHEREAS, during a duly noticed public hearing on October 21,2003. the
Planning and Zoning Commission approved Resolution No. 22, Series of 2003, by a five
to one (5-1) vote, recommending that City Council approve the PUD Amendment and
GMQS Amendment to swap affordable housing categories as requested; and,
WHEREAS, the Aspen City Council has reviewed and considered the
development proposal under the applicable prowsions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Planning and Zoning
Commission, the Community Development Director, the Aspen/Pitkin County Housing
Board, the applicable referral agencies, and has taken and considered public comment at a
public heating; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
ali applicable development standards and that the approval of the developmcmt proposal,
with conditions, ~s 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 26.470.110, Amendment of GMQS
Development Order, City Council hereby approves a PUD Amendment and a GMQS
Amendment to allow for 1) the affordable housing umt at 821 W. Bleeker to convert from
a Category 2 affordable housing unit to a Category 3 affordable housing unit and to allow
for Unit 204 in the former Bavarian Inn building to convert from a Category 3 affordable
housing unit to a Category 2 affordable housing unto and to allow for 2) the affordable
housing unit at 814 W. Main Street to convert from a Category 4 affordable housing unit
to a Category 2 affordable housing unit and to allow for Unit D, Parcel 2, of the Top of
Mill PUD to convert from a Category 2 affordable housing unit to a Category 4
affordable housing unit.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceed'rog 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.
Section 3:
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 4:
A public heating 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.
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FINELY, adopted, passed and approved by a vote of five to zero (5-0), this 8th day of
December, 2003.
Clerk
~ Wo'~ester, City Attorney
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