HomeMy WebLinkAboutordinance.council.015-91
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ORDINANCE NO. 15
(Series of 1991)
AN ORDINANCE OF THE ASPEN CITY COUNCIL VESTING THE DEVELOPMENT
RIGHTS AND GRANTING A GMQS EXEMPTION FOR AFFORDABLE HOOSING FOR
THE LILY REID PARCEL LOTS A, B, AND C OF BLOCK 81, ASPEN TOWNSITE
WHEREAS, the Lily Reid parcel has been Historically Designated
by the Historic Preservation committee, Planning and Zoning
Commission and City council; and
WHEREAS, the Planning and Zoning Commission at their April
16, 1991 meeting approved the Special Review for the reduction of
open space and parking, and the GMQS Exemption for the enlargement
of an Historic Landmark; and
WHEREAS, the Commission also reviewed the affordable housing
proposal and has recommended to the City Council the approval of
the exemption with the condition that the applicant work with the
Housing Authority and Planning Department to address their concerns
about the quality of living experience, storage and kitchen areas,
and compliance with the Housing Authority Guidelines; and
WHEREAS, the applicant Larry Brooks, follolling the
Commission's direction, revised the housing proposal and the
Housing Authority Board of Directors approved the revised plan at
their April 24 meeting; and
WHEREAS, pursuant to Section 24-8-104 C.1(c) of the Municipal
Code, the City Council may grant a GMQS Exemption for the provision
of affordable housing; and
WHEREAS, the applicant proposed to mitigate for 6.9 employees;
and
WHEREAS, a request for Vested Rights for Special Reviews, GMQS
Exemption for the enlargement of an Historic Landmark, and GMQS
Exemption for affordable housing was included in the application
submitted to the Planning Office by the applicant; and
WHEREAS, pursuant to Section 24-6-207 of the Municipal Code
the city council may grant vesting of development rights for a
period of three years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO I
seotion 1;
That is does hereby grant a GMQS Exemption for affordable
housing mitigating 6.9 employees in the following manner and with
the following conditions:
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1. The size of the two units shall be 965 sq. ft. each with 100
sq. ft. of basement storage space per unlt. Washer/dryer
facilities and a roof deck shall also be provided.
2. Prior to the issuance of any building permits, the applicant
shall file a deed restriction for review and approval by the
Housing Authority. A copy of the deed restriction shall be
forwarded to the Planning Department for recordation. The units
shall be deed restricted to the Category 2 income and price
guidelines as adopted and enforced by the Housing Authority in
effect at the time of building permit issuance.
3. Prior to the issuance of any building permits, the applicant
shall make a one time cash-in-lieu payment for one employee
consistent with the Category 2 guidelines as adopted and enforced
by the Housing Authority in effect at the time of building permit
issuance. Payment shall be made to the Finance Department with
verification of such payment to the Housing Authority and Planning
Department.
4. Prior to the issuance of any building permits, the applicant
shall have received a GMQS Exemption for a Historic Landmark by
the Planning Director.
5. All material representations made by the applicant in the
application and during public meetings with the Planning
Commission, city Council, Histor ic Preservation Committee, and
Housing Authority shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
Sel:ltion 2;
Pursuant to section 24-6-207 of the Municipal Code, City
Council does hereby grant the applicant vested rights for the Lily
Reid redevelopment, Special Reviews for the reduction of parking
and open space, GMQS Exemption for the enlargement of an Historic
Landmark, and GMQS Exemption for affordable housing as follows:
1. The rights granted by the site specific develop~ent plan
approved by this Ordinance shall remain vested for three
(3) years from the date of final adoption specif ied
below. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to
timely and properly record all plats and agreements as
specifled herein and or in the Municlpal Code shall also
result in the forfeiture of said vested rights.
2. The approval granted hereby shall be subj ect to all
rights of referendum and judicial review.
3 .
Nothing in the approvals provided in this ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals requlred by thls Ordinance or
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the general rules, regulations or ordinances of the city
provided that such reviews or approvals are not
inconsistent with the approvals granted and vested
herein.
4.
The establishment herein of a vested property right shall
not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the City of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
Secticn 3:
The City Clerk shall cause notice of this Ordinance to be
published in a newspaper of general circulation within the city of
Aspen no later than fourteen (14) days following final adoption
hereof. Such notlce shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
SSl:ltion 41
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.
Sel:lUon 5;
This Ordinance shall not effect any existing litigation and
shall not operate as a n 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.
sel:ltion 6:
A~~li~ hearing on the Ordinance shall be held on the ;0""'-""
day of , 1991 at 5:00 P.M. in the City Council Chambers,
Aspen ty Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
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newspaper of general circulation within the City of Aspen.
INTRODOCED, READ AND
the city Council of the
~ ' 1991.
ORDERED POBLISHED as provided by law, by
city of Aspen on the /~~ day of
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FINALLY, adopted, passed and approved this 10th day of June
1991.
ATTEST:
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City Clerk