HomeMy WebLinkAboutordinance.council.007-03ORDINANCE NO. 7
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 1) A P
AMENDMENT, 2) A SUBDIVISION AMENDMENT, 3) AN AMENDMENt
THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR OFF-SI
REPLACEMENT OF AFFORDABLE HOUSING MITIGATION IN THE 10
HOPKINS PUD, AND 4) SPECIAL REVIEW APPROVAL TO VARY THE~
DESIGN STANDARDS TO AMEND THE DEED RESTRICTION ON UNIT
THE 1000 E. HOPKINS PUD AND TO DEED RESTRICT UNIT 2, OF THE ~
CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORAD(
Parcel ID: 2 73 7-182-01-006
Parcel ID 2 73 7-182-0 7-008
WHEREAS, the Community Development Department received an app]
from Robert Blatt, represented by Francis Krizmanich, requesting approval of 1)
Amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exempq
affordable housing for off-site replacement of affordable housing mitigation in the ]
Hopkins PUD, and 4) special review approval to vary the ADU design standards t~
for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkir
to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the
Hopkins PUD to be deed restricted as an accessory dwelling unit; and,
WHEREAS, City Council may approve, approve with conditions, or
combined application for a 1) Subdivision Amendment, 2) a PUD Amendmen
amendment to the GMQS Exemption for off-site replacement of affordable housi
4) a Special Review to vary the ADU Design Standards after conside
recommendation fi:om the Planning and Zoning Commission and the Com
Development Director; and,
WHEREAS, upon review of the application and the applicable code sta~
the Community Development Department recommended denial of the Proposal; an¢
WHEREAS, the Aspen Planning and Zoning Commission has review.
considered the development proposal under the applicable provisions of the Municip~
and recommended that City Council deny the proposal; and,
WHEREAS, the Aspen City Council has reviewed and considered the devel~
proposal under the applicable provisions of the Municipal Code as identified here
reviewed and considered the recommendation of the Planning and Zoning Commissi
Community Development Director, the Aspen/Pitkin County Housing Authori
applicable referral agencies, and has taken and considered public comment at a
heating; and,
JD
TO
rE
00 E.
~DU
1, OF
~JAX
ication
a PUD
ion for
000 E.
) allow
LS PUD
000 E.
]eny a
3) an
tg, and
ring a
munity
~dards,
and
Code
)ment
in, has
on, the
:y, the
public
WHEREAS, the City Council finds that the development proposal meets or ¢
all applicable development standards and that the approval of the development pr
with conditions, is consistent with the goals and elements of the Aspen Area Com
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is neces~,
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THI~
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530J
Housing Replacement Requirements; and Section 26.520.080(D), Special Revi,
application is hereby approved for 1) a PUD Amendment, 2) a subdivision amen
3) an amendment to the GMQS exemption for affordable housing for off-site replaceJ
affordable housing mitigation for the 1000 E Hopkins PUD, and 4) special review
the ADU design standards to allow for the category affordable housing deed restric
Unit 4, of the 1000 E. Hopkins PUD to be transferred to Unit 2, of the Ajax Condorr
and for Unit 4, of the 1000 E. Hopkins PUD to be deed restricted as an accessory d'
unit with the following conditions:
o
o
The applicant shall amend the subdivision/PUD agreement for the
Hopkins Subdivision/PUD that reflects the change of Unit 4 from a
affordable housing unit to an ADU. The amended agreement sh~
xceeds
)posal,
mUnity
ary for
CITY
;ection
)50(B),
~w, an
dment,
nent of
to vary
tion on
iniums
zqelling
reflect that a portion of the required affordable housing mitigation
000 E.
ttegory
Lll also
fcr 1000
E. Hopkins was satisfied off-site in the form of deed restricting Un
the AJAX Condominiums as a Category 4, for-sale unit.
A deed restriction for the buy-down unit, prepared by the Aspe]
County Housing Authority shall be signed and recorded prior to
conjunction with the mOdification of the existing deed restriction' on'
of the 1000 E. Hopkins PUD.
The applicant shall list the buy-down unit with the Aspen/Pitkin
Housing Authority through the general affordable housing lottery sys
The applicant shall place in escrow a one-time fee covering the e'
costs to the new owner of Unit 2, of the Ajax Condominiums for re
or repairing the retaining wall if it is required. The fee shall be bas,
cost estimate to be provided by a private engineer hired by the apl
The cost estimate shall be approved by the City Community Devel~
Engineer. Any actual cost for replacing or repairing the retaining w
is above and beyond the amount of money placed in escrow by the a
it 2, of
/Pitkin
, or in
Unit 4,
~ounty
em.
:pected
>lacing
id on a
~licant.
)pment
all that
)licant
shall be borne at the expense of the owner of Unit 2 at the time
retaining wall is replaced or repaired. The money shall be placed in
prior to transferring deed restrictions.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an ab~
of any action or proceeding now pending under or by virtue of the ordinances repe
amended as herein provided, and the same shall be construed and concluded unde
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
reason held invalid or unconstitutional in a court of competent jurisdiction, such
shall be deemed a separate, distinct and independent provision and shall not afl
validity of the remaining portions thereof.
Section 4:
A public heating on the ordinance shall be held on the 10th day of February, 2003, in
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 27th day of January, 2003.
Attest:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of
10th day of February, 2003.
Helen Kalin Klanderud, Mayor
.at the
;scrow
tement
~led or
such
br any
)onion
~ct the
the City
__), this
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. WorceSter, City Attorney