HomeMy WebLinkAboutordinance.council.025-90 ~28700 ~2/11/90 14:56 Rec $~5~00 B~ &3~ PG 810
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ORDINANCE N0.25
(SERIES OF 1990)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL SUBDIVISION /
PUD APPROVAL, REZONING 4.31 ACRES TO PUBLIC (PUB)~ GMQS EXEMPTION
FOR AFFORDABLE HOUSING ON THE MAROLT RANCH PARCEL, AND VESTING
THE DEVELOPMENT RIGHTS FOR THE MAROLT AFFORDABLE HOUSING PROJECT
WHEREAS, the Housing Authority and the Music Associates of
Aspen have received recommendation for approval from the Aspen
Planning and Zoning Commission for Subdivision and Final PUD,
Rezoning 4.31 acres from R-15A PUD SPA to Public (PUB), Approval
of a Conditional Use for Affordable Housing in the Public (PUB)
Zone District, and Special Review for Off-Street Parking, and
GMQS Exemption for Affordable Housing; and
WHEREAS, on March 6, 1990, a public hearing was held before
the Aspen Planning and Zoning Commission and the Commission
approved the Conditional Use for Affordable Housing and Special
Review for Off-street Parking, and recommended to Council the
approval of Subdivision and Flna] PUD, Rezoning to Public (PUB),
and GMQS Exemption for Affordable Housing ; and
WHEREAS, pursuant to the following Sections of the Aspen
Land Use Code, the City Council may grant approvals to:
Subdivision and Final PUD - Section 7-903 A., Rezoning and
Official Zone District Map Amendment - Division 11, GMQS
Exemption for Affordable Housing - Section 8-104 C.l.c, and
Vesting of Development Rights by Ordinance - Section 6-207; and
WHEREAS, on January 31, 1990 the Public Projects Review
Group met to review and comment on the Marolt Pro3ect, and
subsequently the Engineering Department, Aspen Consolidated
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Sanitation District, Aspen Fire Protection District,
Environmental Health Department, and Golf Course Superintendent,
have reviewed the application and made referral comments; and
WHEI~EAS, the Planning and Zoning Commission, having reviewed
the application pursuant to the applicable Code Sections, and
reviewed referral comments from other departments, recommends
approval with the following conditions:
Prior to approval by City Council:
1. The MAA must provide a written agreement to provide mass
transportation if RFTA cannot provlde it between MAA sites.
2. The applicant must submit a written agreement to coordinate
all ditch construction methods and schedules with the golf course
superintendent so that water flow to the course is not
unsatlsfactorlly reduced or suspended.
3. A bus shelter shall be added at the cafeteria area.
Prior to issuance of a Building Permit, the following must occur:
4. Review and approval by ACSD Engineer of sewer utility
engineering plans.
5. Submission of a fugitive dust control plan to Environmental
Health.
6. Revision of site plan to mitigate non-point source pollutants
from street and parking area run-off. Submission and approval by
Environmental Health.
7, Review and approval of kitchen plans and equipment
specifications by Environmental Health.
i~,~~ 8. Review and approval by Engineering of roadway shoulder
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details before any road construction permits are issued.
9. Approval of parking lot details by Engineering.
Within 30 days of approval of this ordinance:
10. A PUD Agreement shall be drawn according to Section 7-904 of
the Land Use Code and filed with the County Clerk and Recorder's
Office of P~tkin County.
11. Acceptance by Engineering and recordation of two subdivision
plats: one amending the existing Marolt Subdivision plat and the
other dedicating the access road right-of-way into the project.
As-built drawings signed and stamped by a registered engineer or
surveyor are required prior to final inspection or Certificate of
Occupancy. If there are d~fferences from approved plats, an
amendment plat must be filed within 30 days of final inspection
or Certificate of Occupancy.
W~ER~AS, the Aspen City Council having considered the
Planning office's recommendations for Final SubdIvision / PUD
approval, Rezoning to Public (PUB), GMQS Exemption for Affordable
Housing, does wish to grant these requests for the Marolt
Affordable Housing Project.
NgW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Final Subdivision / PUD Approval,
Rezoning of 4.31 acres from R-15A PUD SPA to Public (PUB), and
GMQS Exemption 'for Affordable Housing, with the previously
mentioned conditions recommended by the Planning and Zoning
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Commission to the ~arolt Affordable Housing Project in the City
of Aspen.
Section 2.
The City Council of the City of Aspen, as a consequence of
its approval of the Marolt Affordable Housing Project Final
Subdivision / PUD application, and pursuant to Section 6-207 of
the Land Use Code of the city of Aspen, hereby vests development
rights for a period of three (3) years from the effective date
hereof. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in forfeiture
of said vested property rights.
Section 3:
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.
Section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validlty of the
remaining portions thereof.
Section 4:
Nothing in this ordinance shall be construed to affect any
right, duty er 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 5:
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Sllvia Davis.~ Pit, in CnEy Clerl ~ Doc
A public hearing on the Ordinance shall be held on the~
day of ~~ 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, ~ifteen (15) days prior to which
a hearing of public notice of the same~ sh~ll be published in~ a
newspaper of general circulation within the City of Aspen.
INTRODUCED, ~ ~D O~E~D PUBLISHED as provided by law,
by the City Council of the city of Aspen on the ~ day of
William L. St~r
~ F~AL~Y, adopted, passed and approved this J~ day of
William L. sti~lin~ Ma~or
i~a_h 7~~ ~ [~och, City Clerk
jtkvj/Marolt.ord2