The URL can be used to link to this page

Home My WebLink Aboutordinance.council.016-15 ORDINANCE NO. 16 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING GROWTH MANAGEMENT REVIEWS, PLANNED DEVELOPMENT AMENDMENT AND VESTED PROPERTY RIGHTS FOR LOTS 4 AND 5, RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 273512428005 AND 273512428004 WHEREAS, the Community Development Department received an application from Aspen Dragonfly III, LLC and Aspen Dragonfly IV, LLC represented by E. Michael Hoffman of Garfield and Hecht, requesting approval of growth management reviews for two residential development allotments, a Planned Development Amendment for the calculation of Floor Area and a five year vested property right; and, WHEREAS, . the property is zoned Medium . Density Residential, R-6 with a Planned Development Overlay; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department did not support the requests as proposed and recommended in favor of the proposal with alternative conditions; and, WHEREAS, pursuant to Section 26.470.090(3), City Council may accept a cash-payment-in-lieu for required affordable housing, may allow for variations within a Planned Development through Section 26.445.050 and may, at their sole discretion, allow a longer vested property right. during a duly noticed public hearing after considering comments from the general public, and a recommendation from the Community Development Director; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on May 4, 2015, the City Council approved Ordinance No. 16, Series of 2015, by a four to zero (4 — 0) vote, approving the land use requests; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: RECEPTION#: 620207, 05/27/2015 at 12:19:34 PM, 015 1 OF 3, R $21.00 Doc Code ORDINANCE Ordinance No 16, Series 2 Janice K. Vos Caudill, Pitkin County, CO Pagel 0f 3 of 3 Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code (the "Code"), City Council hereby grants approval of two residential development allotments, one each for Lot 4 and Lot 5, of the Ranger Station Subdivision Such approval is conditioned on the following: A. A cash-in-lieu payment or a Certificate of Affordable Housing Credit ("Certificate"), based upon the maximum allowable Floor Area permitted for a single family home on each lot, shall be paid prior to the issuance of a building permit for each lot. In the event a building permit for a duplex or two detached dwellings is ever sought for Lot 4, an additional cash-in-lieu payment or an additional Certificate will be due for the maximum additional allowable Floor Area permitted for those uses. The amount of mitigation currently required for each lot is calculated as follows, based upon subsection 26.470.070(b), Residential Development — sixty percent (60%) affordable, of the land use code: Max. Allowable Floor Area x .3 = AH Floor Area Required AH Floor Area Required /400 = Full Time Equivalent Employees ("FTEs") FTEs * Category 4 Cash-in-Lieu Rate =Total Amount Due The amount.of mitigation required, via a Certificate or cash-in-lieu, for each lot shall be determined at the time a building permit is requested. Any changes to the methodology provided in the land use code, as referenced above, and the cash-in-lieu rates of the APCHA Guidelines shall be applicable to the lots at the time of building permit application. B. The areas of steep slopes within Lots 4 and 5 are determined to be and deemed to be manmade and shall not be deducted from the lot size when calculating the net lot area of each lot. Other than the areas of steep slopes, the calculation of net lot area of each lot shall be calculated pursuant to the Code as it exists.as if the date an application is made for a building permit for the particular lot. C. Lot 4 and Lot 5 may be developed separately. The requirements set forth above must be satisfied at the time a building permit is sought for each lot. Section 2: Vested Rilthts The development approvals granted herein shall constitute a vested property right attaching to and running with each of the individual lots for a period of three (3)years. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted'by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval Ordinance No 16, Series 2015 Page 2 of 3 as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. i Section 3: Severability 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: Existing Lifiaation 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 5: Approvals 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 Planning and Zoning Commission or 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 6: Public Hearing r A public hearing on this ordinance shall be held on the 4th day of May, 2015, at a meeting of the Aspen City Council commencing at 4:00 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 provided by law, by the City Council of the City of Aspen on the 27th day of April, 2015. Atte t: I li y i Linda Manning, City C erk Steven Skadro`,Nfayor FINALLY, adopted, passed and approved this 4th day of.N� 2015. Att t: inda Manning, Ci Clerk Steve kadron, ayor Approved as to for James R. True, City Attorney Ordinance No 16, Series 2015 Page 3 of 3