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HomeMy WebLinkAboutordinance.council.008-91 ORD~I~C'~ NO.8 (sm~Es OF 1991) A~ ORDINANCE OF Tk~ CITY OF ASI~]~ GN.A~T~NG FINAL SUBDIVISION/PUD D~¥~OpW~NT PLAN APPROVAL, CONDOM~2~±u~IZATION, GMQS EXEMI~fION, AND VESTING OF D=¥~OPKENT R_~uTS FOR FOUR ~ MA/~t~r UNITS AND FOUR AFFORDABLE HOUSING UNITS AT 1000 EAST HOPKINS (LOTS A AND K OF BLOCK 25 AND LOTS H~It AND S BLOCK 26t TOWNSIT~ OF ASPEN) W- ~w~AS, the Valley Hi Development Trust ("Applicant") submitted to the Planning Office an application for a Final Subdivision/PUD Development Plan, Stream Margin review, Condominiumization, GMQS Exemption for Affordable Housing and vesting of development rights to reconstruct eight units st 1000 East Hopkins Ave. The plan was designed in accordance with an April 1990 legal settlement ("Settlement") between the city of Aspen and the Applicant; and ~-~w~EAS, the application was reviewed by the Engineering Department, the Aspen Consolidated Sanitation District, the Fire Marshal, the Water Department, the Housing Authority, and the Planning office and those agencies submitted referral comments; and W-Kwik,S, on December 4, 1990, the Aspen Planning and Zoning Commission approved Stream Margin Review with conditions and forwarded a recommendation to City Council to approve Final Subdivision/PUD review with conditions, including variances to height and rear setback; and W~w~2~S, pursuant to Sections 24-7-1004 D.2.b., 24-7- 903, 24-7-1007, and 24-8-104 C.l.c. of the Aspen Municipal Code, the city Council may grant approval to Final Subdivision, PUD 1 Development Plans, Condominiumization, and GMQS Exemption for Affordable Housing; and WHK~EAS, the Aspen City Council having considered the Planning and Zoning Commission's and Planning office's recommendations, does wish to grant the Final Subdivision/PUD Development Plan approval with conditions as well as Condominiumization, GMQS Exemption for Affordable Housing, and Vesting of Development Rights for three years for the development of four free market units and four deed restricted units at 1000 East Hopkins. NOW, THKW~EFORE, BE IT ORDA1-N~u BY TkU~ CITY COUNCIL OF CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Final Subdivieion/Pb~ Approval with the conditions recommended by the Planning and Zoning Commission and the Planning office and amended by City Council for four free market units and four deed restricted affordable housing units. Section 2. In order to accommodate the affordable housing units, accordance with Section 7-903 of the Land Use Code, the city Council approves a PUD variance to allow a zero (0) foot rear setback for the portion of the structure containing affordable housing, and a height variance of two (2) feet to the R-MF height limit restricted to the rear two-thirds (2/3) of the building. Section 3: 2 The City Council also approves Condominiumization for all eight units and Growth Management Exemption for the four affordable housing units. ~ectlon 4: The conditions of approval which apply to this project are: 1. A Subdivision Agreement shall be recorded concurrently with the Final Plat, 2. The garage entry drive must not exceed 12% grade for a 20' distence from the property line. 3. Excavation permits are required for curb and gutter and sidewalk improvements and for any other work in the public right- of-way. 4. The applicant shall agree to join a Special Improvement District if one is ever formed, 5. The Applicant shall pay for sewer line improvements as determined by the Sanitation District. 6. Heavy vehicle access must be provided for sewer line maintenance. 7. The drainage plan for the site shall include oil and sand interceptors for the garage. Surface run-off shall not enter the sanitary sewer, 8. Fire alarm and sprinkler systems shall be designed and installed as per the Fire Marshal's requirements. 9. The Planning Director shall sign off on a GMQS Exemption for the replacement of four free market dwelling units. 10, No demolition shall occur prior to issuance of a building 3 permit. 11. The four affordable housing units shall be indexed to the Housing Guidelines for category #3 (one unit) and category #4 three units) for sale purposes. For rental purposes, all four unit shall be indexed at category ~2. 12. Twelve (12) underground parking spaces shall be provided according to the Settlement and parking variance allowed by the PUD review process. Four (4) of these spaces shall be allotted to the affordable housing units. 13. A two (2) foot variance to the R~F zone height restriction ls limited to the rear 2/3 of the building to accommodate the affordable housing units. 14. A variance to allow a zero (0) foot setback shall be limited to the building area containing the affordable housing units. 15. Prior to recordation, a fifteen (15) foot trail easement shall be dedicated on the plat subject to approval by Engineering and Planning. 16. Condominium plat and condominium declarations shall be approved by the City Engineer and City Attorney prior to recordation. 17. A $45,000.00 cash-in-lieu payment for affordable housing shall be paid prior to issuance of any building per~its for the property. Within 180 days of City Council's approval of this Final Plat and Final PUD Plan the following must occur: 18. A Subdivision Plat, "Notice of PUD Designation", Final PUD 4 Plan and Subdivision/PUD Agreement must be filed with the County Clerk as required by Sections 7-1005 E., 7-905 and 7-907 of the Land Use Code. 19. Ail material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, City Council and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. Section 5: That it does hereby grant Vested Rights for the 1000 East Hopkins Stream Margin revlew and Final Subdivision/PUD Development Plan. The rights granted by the site specific development plan shall remain vested 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 the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 6: 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 7: A Rublic hearing on the Ordinance shall be held on the /~ day of /~ , 1991 at 5:00 P.M. in the City Council Chambers, 5 Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the sams shall be published in a newspaper of general circulation within the City of Aspen. IBTKODUC~, RF2%D AND O~EI~ED P~S-K., as provided by law, by the City Council of the City of Aspen on the ~ day of William L. stifling, Mayor Koch, CiO Clerk  adopted, passed and approved this /~-~ day of , 1991. William L. ~irling, Mayor A~EST: Ka___t~ryn S~K~h, City Clerk jtkvj / 1000hop. ord 6