HomeMy WebLinkAboutordinance.council.049-99 ORDINANCE NO. 49
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE MASTER DEED RESTRICTION AGREEMENT FOR OCCUPANCY
AND RESALE OF THE MOORE FAMILY PROJECT OF THE MOORE FAMILY
PLANNED UNIT DEVELOPMENT.
WHEREAS, the Board of County Commissioners (BOC. C) of Pitkin County,
Colorado, granted subdivision approval of the Moore Family Planned Unit Development
(Moore Family PUD) by adopting Resolution Numbers 95-30 and 98-57, and required the
condition that the James E. Moore Family Partnership, LLLP, enter into a Master Deed
Restriction Agreement for Occupancy and Resale of the Moore Family Project
(Agreement) with the Aspen/Pitkin County Housing Authority, and the Agreement was
made and entered into on August 10, 1998; and,
WHEREAS, on June 28, 1999, City Council adopted Ordinance No. 24, Series of
1999, (the Ordinance),which approved the annexation of the Moore Family PUD; and,
WHEREAS, the Aspen School District, on behalf of the James E. Moore Family
Partnership, LLLP, has requested a substantive amendment to the Agreementl and,
WHEREAS, the Community Development Department has received and provided referral
comments from the Housing Authority and advisory recommendations from the Housing
Board and BOCC; and,
WHEREAS, the City Council finds that the spirit and intent of Ordinance 24, Series
of '1999, is furthered by the adoption of this Ordinance and that the changes to the Master
Deed Restriction for Occupancy and Resale of the Moore Family Project is in the best
interests of the City; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion ofpublic health, safety, and welfare:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
The Moore Family PUD Master Deed Restriction for Occupancy and Resale of the Moore
Family Project be amended to contain the following provisions:
1. Require an employee who works for the Aspen School District for less than 10 years
and who owns and occupies a "category unit" to sell the unit within one year after
terminating employment with the Aspen School District. And, when the unit is offered for
sale, the Aspen School District will be offered the first right of refusal to purchase and
resell the unit to a School District employee.
2. Exempt an Aspen School District employee from the minimum occupancy guidelines
provided that the Aspen School District employee rents any bedroom not occupied by an
owner or owner's family member to an Aspen School District employee.
3. Restrict the Resident Occupied units only to the occupancy guidelines and exempt such
units from the income and price guidelines.
4. Require Zoom Flume LLC, the developer, to sell the two Resident Occupied units to the
Aspen School District for prices not to exceed the Aspen/Pitkin Housing Authority
Category 4 guidelines.
Section 2
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 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 hearing on the Ordinance shall be held on the 22nd day of November 1999 at
5:00 in the city council Chambers, Asp[eh 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 with 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 October, 1999.
Attest:
Kathryn S. Koch, City Clerk Rachel Richards, Mayor