HomeMy WebLinkAboutordinance.council.034-14 RECEPTION#: 615518, 11/1912014 at
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1 OF 3. R $21.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO. 34
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE NO. 20 (SERIES OF
1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE
PARCEL NO. 273501300812
WHEREAS, the Community Development Department received an application from
James Farrey requesting approval of an ordinance amendment of Ordinance No. 20, Series of
1991; and,
WHEREAS, the ordinance from 1991 permitted a three bedroom, Category 2 affordable
housing unit to be developed on the property commonly known as 1235 Mountain View Drive,
which operated as the Messiah Lutheran Church; and,
WHEREAS, the current owner of the property would like to have the option to provide
the affordable housing unit either off-site or through the provision of affordable housing credits;
and,
WHEREAS, the Community Development Department received referral comments from
Aspen Pitkin County Housing Authority; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the ordinance amendment; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1•
Ordinance No. 20, Series of 2009, Sections 1, 2 and 3 are hereby amended and shall read as
follows:
Section 1: That it does hereby permit the development of an Affordable Housing Unit on-site for
a deed-restricted, 3 bedroom, Category 2 unit that meets the allowances and limitations of the
land use code and APCHA guidelines in place at the time a building permit is submitted to
change the church into a free-market residence.
The unit may be a rental unit but shall be required to be a "for sale" unit, sold through the
APCHA lottery system, no later than the fifth anniversary of the approval date of this ordinance.
Ordinance No.34, Series of 2014
Page I of 3
Section 2: The Affordable Housing Unit may also be provided as an off-site housing unit, today
or in the future, in the form of a newly constructed unit or buy-down unit or through the
provision of certificates of affordable housing credits. Any physical unit shall meet the
allowances and limitations of the land use code and APCHA guidelines in place at the time a
building permit is submitted. The affordable housing mitigation required is for a three-bedroom,
category 2 unit or for three FTEs at a category 2 income level if provided by credits.
Section 3: Prior to a certificate of occupancy being issued for any free-market residential unit on
1235 Mountain View Drive a certificate of occupancy and appropriate deed restriction shall be
required for either an off-site affordable housing unit or on-site affordable housing unit. If
affordable housing credits are provided, the credits shall be extinguished prior to the issuance of
a building permit for 1235 Mountain View Drive.
Section 2•
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council,are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This ordinance shall not affect 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 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 5•
A public hearing on this ordinance shall be held on the 10'h day of October, 2014, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a 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 provi ed by law, by the City
Council of the City of Aspen on the 13th day of September, 2014.
L
Steven Skadron,Mayor
I
Ordinance No.34, Series of 2014
Page 2 of 3
ATTEST:
Linda Manning,City Clerk
FINALLY, adopted, passed and approved this November 10, 2014' �
1 l�
Ste`v1en Skadron, Mayor
1
ATTEST:
Linda Manning,City perk
APPROVED AS TO FORM:
;J;Wes R. True, City Attorney
Ordinance No. 34, Series of 2014
Page 3 of 3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
235' c.t.✓Lw�.,. �1 v2.vJ , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
bC2,L� y 10 4�_:)_ .55 Oo024n, ,20 l�
STATE OF COLORADO )
ss.
County of Pitkin )
I, � (name, please print)
being or rep esenting an Applicant to the City of Aspen, Colorado, hereby personally,
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which forin was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
on the day of , 20_, to and including the date and time
of the public hearing. A photograph of the posted notice (sign)is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(8)(2) of the.Aspen.Land Use Code. At least fifteen (15) days prior to
the publi 4 acing, notice was hand delivered or mailed by first class postage
a repaid`l SI -nail to all owners of property within three hundred (3 00) feet of the
proper subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no.-more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
suminarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested,to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey snap or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning snap shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
Signature
The fore oing"Affidavit of Notice"was acknowledged before me this Z 3 day
of d �stT 20Lt_,by
p
,PUBLICNOTICE ' '. WITNESS MY HAND AND OFFICIAL SEAL
RE_12nM0UNTAIN_VIEW DRIVE-ORDI.. ';'
`'NANCEIAMENDMENT
NOTICE ISHEREBY GIVEN that a public heanng",I My commission expires:
Will be held on Monday,November 10'2014 at a: �'Tr
meeting to begin at 5:00 P. ;before the.Aspen, _
City Council,in the city council charribersmeehng'
room,City Hall,130 S.Galena Street,Aspen,CO,
to review the proposal submitted by Jim and Kristi 7,,
Farrey,pp550 Lazy Chair Road,Aspen CO 81611,for NotaryPublic
intheoSW 1/4 of SectionsldTownship'10 Sobed as a tract of uand th,
Range
Range 85 West of the 6th P.M with the.detailed[a,,., KAREN REED PA-TTERSON
gal descriptiori_on fdewrth;the Community Devel
opment Departmentland:commonly known as 123s NOTARY PUBLIC
Mountain View Drive(for`merly known`as the Mes-.'i STATE OF COLORADO
siah Lutheran Church).Applicant seeks'toconvert:'
the church to a residence and requests to amend': NOTARY Id#19964002767
Ordinance No.-20(Se"ries of 1991.).Ordinance,No.
20 permitted the development of an affordable. ATTACHMENTS AS APPLICABLE' MY Commission Expires Fehtf.laty 15,2016
housing unit on-site and the proposed amendment,.
to the ordinance would allow additional affordable"
housing mitigation options including the develop,FI PUBLICATION
mant or purchase' sof an off-site affordable housing;
unitorthep°`6,sieof.affordableh°°sing 69it:stot�H OF THE POSTED NOTICE (SIGN)
remove the on=sife.affordable housing umt For:
furtherintormatiori,;contact JenniferPhelan at]h_e
City of Aspen_Community Developmerif'Oeparh,{
menti 130 S„Galena St.,Asper,CO;(s70 OWNERS AND GOVERNMENTAL AGENCIES NOTICED
429. 59.Jennifer.Phelai faspen.com
Published in the Aspen Times Weekly October 23,
20,4(1065?650> — CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3