HomeMy WebLinkAboutordinance.council.018-92
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ORDINANCE NO.18
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZ~lNG FROM
(RR) RURAL RESIDENTIAL TO (AH) AFFORDABLE HOUSING, SUBDIVISION,
FINAL PUD, GROWTH MANAGEMENT EXEMPTION FOR IFREE MARKET HOUSING IN
AN (AH) AFFORDABLE HOUSING ZONE DISTRICT AND FOR DEED RESTRICTED
HOUSING,CONDOMINIUMIZATION, VESTED RIGHTS, AND WAIVER OF THE
WATERMAIN EXTENSION MORATORIUM FOR THE UTE PARK SUBDIVISION, A FOUR
LOT SUBDIVISION ON A 3.8 ACRE METES AND BOUNDS PARCEL SITUATED IN
THE NW 1/4 SE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
WHEREAS, in September 1989, the (AH) Affordable Housing zone
district was created to promote private sector development of deed
restricted affordable housing by allowing limited free market
residential development within a project; and
WHEREAS, in April 1990 the ute Park partnership (Applicant)
submitted an application for rezoning of a 3.8 acre parcel on the
east end of ute Avenue from (RR) Rural Residential to (AH)
Affordable Housing in conjunction with an application for
Conceptual PUD review; and
WHEREAS, the planning and Zoning Commission recommended
approval of a Conceptual PUD Plan with conditions on July 3, 1990;
and
WHEREAS, the City Council reviewed the conceptual PUD Plan and
the Planning and zoning commission I s recommendations, discussed
rezoning of the parcel to (AH) Affordable Housing as a threshold
issue, and approved the conceptual Plan with conditions on August
13, 1990; and
WHEREAS, in December 1991, the Applicant submitted an
application for Rezoning, Subdivision, Final PUD Plan, Growth
Management Exemption for free market development in an AH zone and
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for affordable housing, Condominiumization, Vested Rights, Special
Reviews for Open Space and Parking in an AH zone, 8040 Greenline
Review, waiver of Park Development Impact Fees, and waiver of the
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waterline Extension Moratorium for the development of.'seven deed
restricted affordable townhome units and three free market lots for
single family residences; and
WHEREAS, the applicant also requested an extension to the one-
year filing deadline for submission of a Final PUD Plan; and
WHEREAS, on January 13, 1992, upon staff's recommendation, the
City Council granted a 160 day filing extension effective
retroactively from August 1991; and
WHEREAS,
the Aspen City Council having reviewed the
development proposal for the ute Park Subdivision and the
recommendations from the Planning and Zoning commission and
Planning staff, approved Rezoning from (RR) Rural Residential to
(AH) Affordable Housing, Subdivision, Final PUD Plan, Growth
Management Exemption for free market residential development and
affordable housing, Condominiumization, Vested rights, and waiver
of the waterline extension moratorium.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
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That it hereby grants the following approvals for the ute Park
Subdivision pursuant to the applicable sections in the Aspen
Municipal Code: Rezoning from RR (Rural Residential) to AH
(Affordable Housing)
(Chapter 24, section 7, Division 11);
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Subdivision (Chapter 24, section 7-1004); Final PUD Plan (Chapter
24, section 7, Division 903); Growth Management Exemption for Free
Market Development in an AH Zone District, and Affordable Housing
(Chapter 24, section 8-104.C.); and Subdivision Exemption for
Condominiumization (Chapter 24, section 7-1007).
Section 2: The following conditions shall apply to the approvals:
1. The Applicant shall include within the Subdivision Agreement
financial assurances for the construction of the affordable
housing component of the project.
This shall consist. of
placement of First Deeds of Trust of $10.00 value on Lots 1,2
and 3 in the name of the City of Aspen. Upon the sale of the
first free market lot, the deed to Lot 4 will be placed in
escrow for the City of Aspen. In addition, a letter of credit
payable to the city of Aspen shall be provided by the
Applicant which covers the construction costs of the
townhomes.
upon delivery of the letter of credit and
placement of the Lot 4 deed in escrow, the city shall release
the remaining First Deeds of Trust.
If construction of the
townhomes by the Applicant has not begun within two years of
recordation of the Final Plat, the city shall take possession
of Lot 4, the architectural plans of the townhomes shall be
tu~?ed over to the city, and the City shall redeem the letter
of credit in order to construct the townhomes within one year.
2.
The applicant shall include within the Subdivision Agreement
specific provisions for the mitigation of avalanche dangers
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for the seven deed restricted townhome units. Protection of
the townhouses (by retaining wall or residential structure)
must extend the entire length of the "conditional zone" on Lot
1 unless the unprotected townhouses are designed to standards
established by Art Mears or similar avalanche expert.
Avalanches shall not be deflected onto neighboring properties.
3. The home on Lot 1 shall be constructed prior to or
simultaneously with construction of the seven townhouses. If
built simultan-eously, the structural framing of the Lot 1
house and any necessary retaining walls must be complete and
approved by the Building Department prior to issuance of
certificates of Occupancy for the townhouses.
4.
In the event that the Final Plat and Subdivision agreement
have not been filed prior to issuance of any Building Permits
for the ute Park lots, the financial assurance and avalanche
protection documents must be approved by the City Attorney and
recorded with the Pitkin County Clerk and Recorder prior to
issuance of any building permits on ute Park parcels.
5. The applicant will continue to coordinate roadway design,
drainage, snow storage, etc. with City staff. Any improvement
work must be done in accordance with city specifications.
Alternative on-site parking locations for the townhomes shall
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be noted on the PUD Plan and Final Plat.
6. Prior to the issuance of any building permits for the
townhomes, the applicant shall satisfy the city Engineer
regarding storm drainage calculations.
storm drainage
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calculations must be provided for the free market homes at the
time of individual building permit application.
7.
The applicant shall indicate the entire avalanche zones on .the
Final PUD Plan.
8. Avalanche warning signs shall be indicated on the plat along
the property boundaries along ute Ave. and along the nordic
trail.
9. Any hazardous or toxic soils must be stabilized and
revegetated or removed to a site acceptable to the city.
10. Prior to constructions, a fugitive dust control plan must be
obtained from the Colorado Pollution Control Division and this
office.
11. If the water line in the proposed utility corridor is
dedicated to the City of Aspen a water main easement must be
executed between the Applicant and the city prior to issuance
of any excavation or building permits.
12. The Final Plat and PUD Plan shall indicate that the homes on
Lots 1 and 2 must be sprinklered for fire protection. The
Applicant shall satisfy the Fire Marshal regarding emergency
access prior to filing the Final Plat.
13. The subdivision Final Plat shall indicate the conceptual trail
al~gnment. The county Open Space and Trails Program (COSTP)
may act as assignee of the City of Aspen for the construction
and maintenance of the trail. upon completion of this trail,
the COSTP will be responsible for surveying and filing the as-
built trail easement.
Plat note #7 shall be amended to:
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remove the one year deadline for trail constructioni state
that conceptual trail alignment and subsequent trail easement
will run with the land and bind future heirs and assigns of
the developer; the trail alignment may be amended by mutual
consent of both parties (lot owners and city/COSTP). The
year-round trail easement shall be 15' wide with side slopes
not to exceed 6%. The Nordic Council and the applicant shall
work together and verify the trail alignment as shown on the
Plat and PUD Plan complies with the most workable alignment
for skiing and trail connections.
signage shall indicate
avalanche and rockfall hazards to trail users. These signs
shall be installed prior to commencement of any site work.
14.
The seven townhomes shall be deed restricted as four Category
4 units and three Category 3 units in accordance with Housing
Authority Guidelines. The restrictions shall be approved by
the Housing Authority and filed with the Pitkin County Clerk
and Recorder prior to issuance of city approval of the Final
Plat.
15. All material representations made by the applicant in the
application and during public meetings with the Planning and
zoning Commission and city Council shall be adhered to and
co~sidered conditions of approval, unless otherwise amended
by other conditions.
16. The Subdivision Plat and Subdivision / PUD Agreement shall be
recorded in the office of the Pitkin county Clerk and
Recorder. Failure on the part of the applicant to record the
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Plat and Agreement within a period of one hundred and eighty
(180) days following approval by the City council shall render
the Plat and PUD Plan approval invalid and reconsideration and
approval of both by the Commission and City Council will be
required before their acceptance and recording, unless an
extension or waiver is granted by city Council for a showing
of good cause.
Section 3: An exemption from the moratorium on expansions to the
City'S municipal water system as imposed by Resolutions 12 and 45
(Series 1991) be and is hereby granted so as to allow the extension
of the municipal water delivery system for three single family
residences in the ute Park Subdivision.
Section 4: Pursuant to section 24-6-207 of the Municipal Code, the
City Council does hereby grant the applicant vested rights for the
ute Park Subdivision and Final PUD Plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
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
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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.
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3.
Nothing in the' approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the city provided
that such reviews or 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 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 developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 5:
The Official Zone District Map for the city of Aspen shall be
and is hereby amended to reflect that rezoning as set forth in
section 1 above and such amendment shall be promptly entered on the
Official Map in accordance with section 24-5-103 B. of the
Municipal Code.
section 6:
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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 conducted and concluded
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under such prior ordinances.
section 7:
If any section, subsection, sentence, clause, phrase, or
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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 a: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulations 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 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 ~ounty Clerk and Recorder.
section 10:
A public hearing on the Ordinance shall be held on the /~ day
of ~, 1992 at 5:00 in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
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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,
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the City Council of the city of Aspen on the 0'(3 day of
by
vfit.L.A-e( t/ 1992 .
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John Bennett, Mayor
Attest:
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Kathryn . Koch, City Clerk
FINALLY, adopted, passed and approved this ~~
day of
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, 1992.
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John ennett:PMaYOr
Kathryn
Koch, city Clerk
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