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Home My WebLink Aboutordinance.council.075-89 ORDINANCE NO. 75 (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING FINAL SUBDIVISION APPROVAL, GMQS EXEMPTION FOR FOUR DEED RESTRICTED HOUSING UNITS, AND GRANTING ONE RESIDENTIAL GMQS ALLOTMENT TO THE SPORTSTALKER APARTMENTS THROUGH THE 1988 RESIDENTIAL GROWTH MANAGEMENT COMPETITION WHEREAS, pursuant to section 8-106 of the Aspen Land Use Code, November 1 of each year is established as the deadline for submission of applications for Residential allotments within the City of Aspen; and WHEREAS, because of the administrative delay regarding Ordinance 47 (Series of 1988), the submission date for 1988 Residential GMQS applications was postponed until May 15, 1989; and WHEREAS, the Planning Office has calculated the Residential quota available for 1988 as 17 units: 39 units being the annual allocation, less 26 units built pursuant to exemptions, plus 4 units that were allocated but the right to develop has expired; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning commission (hereinafter "commission") on July 18, 1989 to consider the Growth Management Quota System competition for Residential Units, at which time the Commission did evaluate and score the application for the sportstalker Apartments; and WHEREAS, review of the GMQS application was consolidated with subdivision review, conditional use review, special reviews for off-street parking and for reduction in dimensions of the trash area; and WHEREAS, Commission found that the project successfully met the minimum required threshold of 33.6 points by having received 35.5 points ; and WHEREAS, the Commission considered the representations and commitments made by the applicant in scoring the Sportstalker Apartments and recommends to City Council subdivision approval and GMQS Exemption for four deed restricted, low and moderate income housing units for employees of the Sportstalker with the following conditions: 1. The applicant shall coordinate reconstruction of the curb cut along Hopkins street with the Engineering Department to insure City design standards are met. 2. A final plat meeting the requirements of Sec. 7-1004 D.2 shall be submitted for review by the Planning Office, Engineering Department and City Attorney prior to final subdivision review by City Council. 3. The applicant shall install a bike rack along the project frontage on Galena Street. The bike rack may be the same one as shown on Hopkins Street on the Applicant's site plan or may be in addition to that proposed by the applicant. 4. The four affordable housing units shall be deed restricted to the Affordable Housing guidelines adopted at the time of issuance of a building permit for the project. Two of the two bedroom units shall be limited to moderate income rental and occupancy and contain 840 and 720 square feet respectively. One two bedroom unit of 688 sq. ft. and a one bedroom unit, which shall be increased in size from 480 to 500 sq. ft., shall be limited to low income rental and occupancy. 5. A copy of the plans of the affordable housing units shall be supplied to the Housing Office, with an exact calculation of the "net livable square footage" of each of the apartments. 6. Persons employed by the sportstalker or Aspen Sports shall be given first priority to rent the four affordable housing units. If there are no persons employed by the business who are qualified or available to rent, the units qualified employees Housing Authority. shall be made available to of the community through all the 7. The applicant dimensions are Department. 8. There shall not be any food service operation located on the property without a re-evaluation of the special review approval granted to reduce the size of the trash area. shall provide satisfactory seven spaces whose to the Engineering 9. The applicant shall install a trash compactor for boxes and similar materials prior to the occupancy of any of the residential units on the property. 10. The applicant shall obtain a growth management allotment from the Council prior to obtaining final subdivision or GMQS approval for the project. In order to obtain the allotment, all material representations and commitments of the project shall become conditions of its approval. WHEREAS, the Aspen City Council having considered the Commission's recommendations for subdivision approval and GMQS Exemption; and WHEREAS , the Aspen City Council having considered the commission's scoring for the Sportstalker Apartments project does wish to grant the requested one residential allotment, subdivision approval and GMQS Exemption for four deed restricted residential units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant one Residential 1988 GMQS allocation to the sportstalker Apartments, Lots A, B, and C of Block 94, City of Aspen. 3 section 2: That it does hereby grant subdivision approval, with the previously mentioned conditions recommended by the Aspen Planning and zoning commission, for Lots A, B, and C of Block 94, city of Aspen. section 3: That it does hereby grant GMQS Exemption for four units, deed restricted to Affordable Housing guidelines adopted at the time of issuance of a building permit for the project. Two of the two bedroom units shall be limited to moderate income rental and occupancy and contain 840 and 720 square feet respectively. One two bedroom unit of 688 sq. ft. and a one bedroom unit, which shall be increased in size from 480 to 500 sq. ft., shall be limited to low income rental and occupancy on-site, deed restricted to the low-income guidelines of the Housing Authority. section 4: That pursuant to Chapter 24, section 8-108 of the Municipal Code, this allocation shall expire on the day after the third anniversary of the date of approval of a site specific development plan unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. section 5: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. 4 section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 7: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 8: A public hearing on the Ordinance shall be held on the / rjI-L. day of~eu1~1989 at 5:00 P.M. in the city Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one 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 ~r~~day of ~~ ,1989. ~.<~ william L. stirling, Mayor ATTEST: ikL 5 FINALLY, adopted, passed and approved this ~~ 1989. /'?~ day of ~6Yor A'l'TEST: ~~-A- J~k ~~KOCh, city clerk ll/cc.sport.ord 6