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Exhibit A
,19
City Council
Approved
By Ordinance
ORDINANCE NO. 8
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION, LOT
LINE ADJUSTMENT, GMQS EXEMPTION FOR AFFORDABLE HOUSING,
CONDOMINIUMIZATION, AND VESTED RIGHTS, FOR 0100 LONE PINE ROAD,
COMMUNITY CENTER SITE, ASPEN, COLORADO.
WHEREAS, pursuant to sections 24-7-1004 and 24-7-1003 of the
Municipal Code the applicant, Common Ground Housing Association,
Inc., has submitted an application for subdivision and a lot line
adjustment of 0100 Lone pine Road (the old community center site)
for the development of 21 fully deed restricted dwelling units;
and
WHEREAS, pursuant to section 24-8-104 and 24-7-1007 of the
Municipal Code, the applicant seeks a GMQS Exemption for the
development of fully deed restricted housing and condominiumization
of the 21 dwelling units; and
WHEREAS, pursuant to section 24-6-207 of the Municipal Code the
applicant wishes to vest the development rights of the development
proposal; and
WHEREAS, a duly noticed public hearing was held by the Aspen
Planning and Zoning commission (hereinafter "commission") on
January 19, 1993, to consider the SUbdivision, special review for
parking and open space, and GMQS Exemption; and
WHEREAS, the Commission having reviewed the application and
considered the representations and commitments made by the
applicant found that the subdivision and GMQS Exemption application
complied with sections 24-8-104 and 24-7-1004 and is not in
conflict with any applicable portions of Chapter 24, is consistent
with the elements of the Aspen Area Comprehensive Plan, is
consistent and compatible with the community character in the city
of Aspen, and is in harmony with the purpose and intent of Chapter
24 of the Municipal Code; and
WHEREAS, the Commission has recommended approval to the City
Council of the subdivision and GMQS Exemption for the development
of 21 fully deed restricted residential units at 0100 Lone pine
Road; and
WHEREAS, pursuant to section 24-5-206.2 of the Municipal Code, the
Commission approved, by special review, 1.5 parking spaces per unit
and 50% of the land area as undeveloped open space; and '
WHEREAS, the Aspen City Council, having considered the Planning ~nd
Zoning Commission's recommendations, does wish to grant subdivision
and GMQS Exemption with conditions; and
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WHEREAS, the Aspen city council, having reviewed the application
does wish to grant the lot line adjustment, condominiumization, and
vested rights for the development with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
section 1:
That it does hereby grant subdivision 0100 Lone pine Road, Aspen
Colorado with the following conditions:
1. Prior to the issuance of any building permits:
a. A final plat and subdivision agreement, to be reviewed and
approved by the Engineering and Planning Departments and City
Attorney, shall be recorded within 180 days of final approval.
b. The final subdivision plat shall be submitted in accordance
with section 24-7-1004. C and D of the Municipal Code and shall
include:
i. a statement determining basis of bearings;
ii. a statement to the effect that title policy number ,
dated , was used in preparation of this survey plat and
all easements of record are shown on plat;
iii. a metes and bounds description for all easements and
their book and page numbers if an easement agreement has been
recorded, including the new Landscaping/Visual and Passive Use
Easement, and verification that the lot line adjustments do
not affect any easement agreements in place;
iv. language dedicating the right-of-way of Lone pine Road
which may be eighty (80) feet wide or a width agreed to and
determined with the City Engineer and/or the City Attorney;
v. all existing site improvements, including streets;
vi. owner and title certificates for Hunter Longhouse; and
vii. the access easement for Hunter Longhouse.
c. The applicant shall submit a drainage analysis performed by an
engineer registered in the state of Colorado to the Engineering
Department.
d. The applicant shall submit an irrigation plan to be reviewed
and approved by the Water Department.
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e. A completed site development plan shall be reviewed and
approved by the Engineering Department. The site development plan
shall include the sidewalks (for Lone pine Road), curb and gutter.
2. An excavation permit is required for any work in the public
right-of-way.
3. The cost of all public improvements to serve the project will
be borne by the applicant.
4. The applicant shall adhere to the all representations made in
the application and during the review process.
5. stream margin review shall be required if future development
including decks or gazebos are proposed within 100 feet of a high
water line.
6. The applicant shall submit detailed plans to the Aspen
Consolidated Sanitation District office for a tap permit and all
sanitation district fees must be paid prior to connection to the
sanitation system.
7. The following changes shall constitute a substantial change to
the approved subdivision:
reduction of open space, additional bedrooms, and
additional square footage to the common house.
8. The guest rooms shall not be used as lodge rooms or dormitory
rooms.
9. The applicants shall dedicate a fishermen I s easement for Hunter
Creek for width of five feet along the bank adjacent to the
property and five feet into the water. The applicants shall also
dedicate a pedestrian access easement to the dedicated fishermen's
easement. Said easements shall be identified on the final
subdivision plat.
10. Prior to filing the final plat, all proposals for a reduction
in park development impact fees shall be approved by the Parks
Department and shall be included within the subdivision agreement.
section 2:
That is does hereby grant a lot line adjustment between the Common
Ground Housing Association, Inc. and Hunter Longhouse with the
following conditions:
1. The adjusted lot line shall be indicated on the final plat for
review and approval.
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2. The applicant shall adhere to all representations made in the
application and during presentations.
Section 3:
That is does
fully deed
condition:
hereby grant GMQS Exemption for the development of the
restricted residential units with the following
1. Prior to the issuance of any building permits, a Master Deed
Restriction of the APCHA: Occupancy and Resale Deed Restriction
Agreement and Covenant shall be reviewed and approved by the
Housing Authority and filed with the Clerk and Recorder.
section 4:
That is does hereby grant condominiumization of the 21 residential
dwelling units with the following condition:
1. Prior to the sale of each unit, a condominium plat which meets
the requirements of section 24-7-1004 D of the Municipal Code and
a Subdivision Exemption Agreement must be filed. The final plat
and agreement shall be reviewed and approved by the Engineering and
Planning Departments and the city Attorney.
Section 5:
Pursuant to section 24-6-207 of the Municipal Code, City Council
does hereby grant the applicant vested rights for Common Ground
Housing Association, Inc. as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified 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 specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject 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 required by this Ordinance or the
general rules, regulations or ordinances or the city provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
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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.
Section 6:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the City of Aspenlno
later than fourteen (14) days following final adoption hereof.
Such notice 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.
Section 7:
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 8:
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.
Section 9:
A public hearing on the Ordinance shall be held on the
day of March 8, 1993 at 5:00 P.M. in the city Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a pUblic notice of the same shall be pUblished one in a
newspaper of general circulation within the city of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
the City of Aspen on the " "g day of
, 1993. F - t'7~'-
John ennett, Mayor
(" FINALLY, adopted,
'7h~1993.
passed and approved this ~
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Joh ~ne:~ Mayor
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by the
day of