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Home My WebLink Aboutordinance.council.003-93 -- I ORDINANCE NO. 3 t ORO<NANCE OF THE C'TY COCHcn ~;':;:'c::y ::~RFEN GRANT<NG A GROWTH MAN. AGEME1T ALLOCATION FOR 22 TOURIST ACCOMMODATIONS IN THE LP (LODGE . PRESERVATION) ZONE DISTRICT, MULTI-YEAR GMP ALLOCATIONS, AND GMQS EXEMPTION FOR DEED RESTRICTED EMPLOYEE HOUSING FOR THE BELL ! MOUNTAIN LODGE LOCATED AT 720 E. COOPER AVENUE (LOTS K-P, AND PART OF LOT Q, BLOCK 105, TOWNSITE OF ASPEN) WHEREAS, pursuant to section 24, Article 8 of the Aspen Municipal Code, the City Council may grant allocations from the Growth Management quotas contained therein upon scoring determined by the Aspen Planning and Zoning commission; and WHEREAS, pursuant to section 24-8-103.D. of the Aspen Municipal Code, the City Council may grant multi-year Growth Management development allotments; and WHEREAS, pursuant to section 24-8-104 C.1.c. of the Aspen r.;'.. ~\ '< Municipal Code, the City Council may exempt deed restricted affordable housing units from the Growth Management Quota system (GMQS) competition; and WHEREAS, the Kappeli Family, for Bell Mountain Lodge, Inc., submitted to the Planning Office an application for Growth Management allotment for 10 lodge units from the 1992 GMP competition, 10 future allocations from the 1993 GMP competition, 2 future allocations from the 1994 GMP competition, and GMQS ", Exemption for three deed restricted housing units; and WHEREAS, the Bell Mountain Lodge proposal was the only submission competing for the 1992 available units (as established by section 24-8-103.A.1.a. of the Aspen Municipal Code); and .'.' B.;;. ." '-~ WHEREAS, the application was reviewed by the Engineering 1 ~.I'.... w K , . I. Ii.'. U % ~ . Department, the Aspen/pitkin County Housing Office, Environmental Health Department, Fire Marshal, Water Department, Electrical Department, the Aspen Consolidated Sanitation District, and the Roaring Fork Energy Center and those agencies submitted referral comments to the Planning Office; and WHEREAS, at a regular meeting held on December 8, 1992 the Aspen Planning and Zoning commission scored the proposal pursuant to the standards contained in section 24-8-106.G. and found that the Commission's score of 81.625 points met or exceeded minimum scoring thresholds; and WHEREAS, the Commission voted 5-1 to recommend granting multi- year allotments from the 1993 and 1994 GMP quotas; and WHEREAS, the Commission also voted 6-0 to approve the three on-site deed restricted housing units pursuant to the review criteria for GMQS Exemption within Section 24-8-104.C.1.c.; and WHEREAS, the Aspen City Council having considered the proposal and the Planning and Zoning commission's recommendation, does wish to allocate 22 total lodge accommodation units to the Bell Mountain Lodge Expansion project (10 lodge units from the 1992 Tourist Accommodation Growth Management competition, 10 lodge units from the 1993 competition, and 2 lodge units from the 1994 competition), and grant GMQS Exemption for Affordable Housing for one Category II one-bedroom unit, one Category III two-bedroom unit, and one three-bedroom Category IV unit (with the exception that the income and asset limits for a lodge manager are waived for this unit). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 . 111. \1. "< 'I: ".. OF ASPEN, COLORADO: section 1: That it does hereby allocate 10 lodge units from the 1992 Tourist Accommodation Growth Management competition to the Bell Mountain Lodge Expansion project pursuant to section 24, Article 8 of the Aspen Municipal Code. section 2: That it does also hereby grant and allocate multi-year allotments for 10 lodge units from the 1993 GMP competition and 2 lodge units from the 1994 GMP competition pursuant to section 24- 8-103.D. of the Aspen Municipal Code. section 3: That, subject to the conditions set forth in section 4 below, it does hereby grant GMQS Exemption for Affordable Housing for the development of one Category II one bedroom unit, one Category III two bedroom unit, and one Category IV three bedroom unit (with the exception that the income and asset limits for a lodge manager are waived for this unit) pursuant to section 24-8- 104.C.1.c. of the Aspen Municipal Code. section 4. The conditions of approval which apply to this GMQS Exemption are: 1. The owner shall submit the appropriate deed restrictions to the Aspen/pitkin County Housing Office for approval. Upon approval by the Housing Office, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits for the property, copies of the recorded deed restrictions for the dwelling units must be forwarded to the Planning Office. 3 ." 1\ \h.. 'to; '. '... i,Z,<.. 1..'.:., ~< %~' .~ \\." 3 . 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 5: A public hearing on the Ordinance shall be held on the ,;:(;;{ day of ~1993 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. 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: This Ordinance shall not effect any existing litigation and shall not operate as an 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the ~ ' 1993. tl City of Aspen on the c:2~ day of 1?J~ F.~ ohn Bennett, Mayor 4 @Ir Q '\ \> ""',~ .' I!. ' \; ~ .~',:'... \" .. ..1 ~ !7~ALLY, adopted, passed and ~7 ' 1993. ATTEST: ;!!tlc!1fi-CA KathrynS. bell. gmp. ord ~ approved this A;1l day of c-d~ e ~ r J\r 1=ov1 J hn Bennett, Mayor 5