HomeMy WebLinkAboutordinance.council.020-91 ORD~N~C~ NO · ~ 0
(S~RZES O~ 1~91)
AN ORDINANCE OF TEE CITY OF ASPEN GRA/~TING GMQB EXEMPTION AArD
VESTING OF D~¥~LOPMENT RIGHTS FOR A DEED RESTRICTED A~FORDABLE
HOUSING UNIT AT THE MESSIAH LUTHERA~ CHUrCh, LOCATED AT 1235
MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK $ WEST MEADOWS SUBDIVISION)
WHEREAS, the Pitkin County Bank on behalf of the Messiah
Lutheran Church submitted to the Planning office an application
for amendment of the Church's Conditional Use as well as GMQS
Exemption for Affordable Housing and vesting of development rights
in order to construct a deed restricted, three bedroom 1,430 square
foot unit at the Church property; and
WHEREAS, this proposal is in accordance with City Council
Resolution #5, Series 1991 which approved the concept of the Bank
providing a deed restricted unit at the Church to partially satisfy
the Bank's affordable housing requirement resulting from its 1990
Commercial Growth Manage=ent allotment; and
WHEREAS, the application was reviewed by the Engineering
Department, the Fire Marshal, the Housing Authority, and the
Planning Office and those agencies submitted referral comments for
the Planning Commission's consideration; and
WHEREAS, on May 7, 1991 the Aspen Planning and Zoning
Commission approved an amendment to the Church's Conditional Use
with conditions and forwarded a recom~endation to City Council to
approve GMQS Exemption for Affordable Housing with Resolution #91-
12; and
WHEREAS, pursuant to Section 24-8-104 C.l.c. of the Aspen
Municipal Code, the City Council may grant approval to GMQS
~ilvi~ Davls~ Pi~in Cnty Clerk~ Doc
Exemption for Affordable Housing; and
~BR~AS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, the City Council may grant vested rights to a development
plan for a total of three years from the date of approval; and
W~EREAS, the Aspen City Council having considered the Planning
and Zoning Commission's recommendation, does wish to grant the GMQS
Exemption for Affordable Housing and Vesting of Development Rights
for three years for the development of a three bedroom 1,430 square
foot affordable housing unit at the Messiah Lutheran Church.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C~TY
OF ASPEN, COLORADO:
Section 1;
That it does hereby grant GMQS Exemption for Affordable
Housing with the conditions recommended by the Planning and Zoning
Commission and as modified by the City Council for a deed
restricted, 3 bedroom 1,430 square foot affordable housing unit.
Section 2,
The conditions of approval which apply to this project are:
1. Prior to issuance of Building Permit, the affordable housing
unit must be deed restricted with the Housing Authority and filed
with the Pitkin County Clerk and Recorder for Category
rental/sales guidelines in place at the time of recordation. Proof
of recordation with the County Clerk shall be forwarded to the
Planning office. At the applicant's discretion, the square footage
of the unit may be lowered to comply with Category #2 size
2
S~lv~ Da~s, F~ti~n Cnty Clm~b, Doc ~.00
requirements.
2. Occupancy priority shall be given to the Church's minister.
However, if necessary for the specific use by the Messiah Lutheran
Church's minister and family, the Category #2 asset and income
guidelines may be exceeded.
3. In the event that the church minister does not occupy the unit,
the church may rent the unit to other occupants who qualify with
all of the Category #2 guidelines, provided however that such
occupancy shall be by a family related by blood or marriage. 4.
The owner (Messiah Lutheran Church) is obligated to keep the units
occupied with qualified tenants and is obligated to notify the
Housing Authority when the unit is vacant.
5. Prior to the issuance of a building permit, the well water
shall be tested for quality and quantity and approved by the
Environmental Health Department.
6. Prior to issuance of a building permit, a dust control program
for the parking lot shall be submitted to Planning and approved by
the Environmental Health Department for implementation by the
Church.
7. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission and city Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
Section 3:
That it does hereby grant Vested Rights for the construction
of this affordable housing unit. The rights ~anted 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 te~s and conditions attendant to this approval
shall result in the forfeiture of said vested property rights.
That the City Clerk he 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 $:
A public hearing on the Ordinance shall be held on the
day of/~-~f , 1991 at 5:00 P.M. in the City Council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
%~RODUOED, REM A~rD O~ERED PUBLI~ED as provided by law, by
the. Ci~ Council of the City of Aspen on the /~ day of
Fennett, Mayor
~IFALL¥, adopted, passed and approved this ~ day of
,~q ~ 1~% John B t, Mayor