Loading...
HomeMy WebLinkAboutordinance.council.005-93 ORDINANCE NO. 5 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ASPEN GRANTING A RESIDENTIAL GROWTH MANAGEMENT ALLOCATION FOR ONE FREE MARKET UNIT AND GMQS EXEMPTION FOR ONE DEED RESTRICTED UNIT LOCATED AT 111!W. HYMEN AVENUE (LOT G AND 1/2 OF LOT F, BLOCK 61, 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 24-8-104 C.l.c~ of the Aspen Municipal Code, the City Council may exempt deed restricted affordable housing units from the Growth Management Quota System (GMQS) competition; and WHEREAS, William D. Snare, owner, submitted to the Planning Office an application for a Growth Management allotment for one unit and GMQS Exemption for one affordable housing unit; and WHEREAS, the 111 W. Hyman Avenue proposal was the only submission competing for the six available units (as established as a minimum by Section 24-8-103.F.1o of the Aspen Municipal Code); and WHEREAS, the application was reviewed by the Engineering Department, the Aspen/Pitkin County Housing Office, Environmental Health Department, Fire Marshal, Water Department, Electrical Department, and the Roaring Fork Energy Center and those agencies submitted referral comments to the Planning Office; and WHEREAS, at a regular meeting held on January 5, 1993 the 1 0 Aspen Planning and Zoning Commission scored the proposal pursuant to the standards contained in Section 24-8-106.E. and found that the Commission's score of 33.65 points met or exceeded minimum scoring thresholds; and WHEREAS, the Commission also voted 6-0 to approve with conditions the proposed deed restricted one-bedroom unit pursuant to the review criteria for GMQS Exemption within Section 24-8- 104.C.l.c.; and WHEREAS, the Aspen City Council having considered the proposal and the Planning and Zoning Commission's recommendation, does wish to allocate one free market unit from the 1992 Residential Growth Management competition and grant GMQS Exemption for Affordable Housing for one Category 1 deed restricted unit at 111W. Hyman Avenue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby allocate one residential unit from the 1992 Residential Growth Management competition to the lll!W. Hyman Avenue project pursuant to Section 24, Article $ of the Aspen Municipal Code. Section 2: That, subject to the conditions set forth in Section 3 below, it does hereby grant GMQS Exemption for Affordable Housing for the development of one Category 1 deed restricted one ~edr°om unit pursuant to Section 24-8-104.C.l.c. of the Aspen Municipal Code. Section 3. 2 The conditions of approval which apply to this GMQS Exemptilon are: 1. The owner shall submit the appropriate deed restriction 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 restriction for the dwelling unit must be forwarded to the Planning Office. 3. The final design must incorporate a roof/dormer above the entry to the deed restricted housing unit to shed snow away from the doorway. 4. If condominiumized, the unit's annual management/maintenance assessments shall be on a pro rata valuation basis. Language to this effect shall be in the condominium documents and shall be approved by the Housing Office prior to recordation. 5. 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 4: 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 3 a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 5: 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 6: 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 City of Aspen on the ~~q~ day !of / J6hn Befinet~, Mayor Kathryn ~ . ~ity Clerk FINALLY, adopted, passed and approved this ~z~ day of chh Bennett, Mayor Kathryn S~och/'City Clerk 4