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ORDINANCE NO.18
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO AH (PUD) AFFORDABLE
HOUSING, SUBDIVISION, FINAL PUD, GROWTH MANAGEMENT EXEMPTION FOR
FREE MARKET HOUSING IN AN (AH) AFFORDABLE HOUSING ZONE DISTRICT AND
FOR DEED RESTRICTED HOUSING,CONDOMINIUMIZATION, AND VEST!D RIGHTS
FOR THE EAST COOPER SUBDIVISION, AN 8 LOT SUBDIVISION ON A 2.35
ACRE METES AND BOUNDS PARCEL SITUATED IN THE RIVERSIDE ADDITION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, in September 1989, the (AH) Affordable Housing zone
district was created to promote private sector development of deed
restricted affordable housing by allowing limited free market
residential development within a project; and
WHEREAS, C&G Mustardseed, Ltd. (Applicant) submitted an
application (the "Plan") for rezoning of a 2.35 acre parcel on East
Cooper Avenue from R-15 PUD (Moderate Density Residential) to AH
PUD (Affordable Housing) in conjunction with an application for
Conceptual PUD review; and
WHEREAS, the Planning and Zoning commission recommended
approval of a conceptual PUD Plan for the subject parcel, with
conditions, on September 15, 1992; and
WHEREAS, the city Council reviewed the Conceptual PUD Plan and
the Planning and Zoning commission's recommendations, for rezoning
of the subject parcel to (AH) Affordable Housing and approved the
Conceptual Plan with conditions on November 9,1992; and
WHEREAS, the Applicant then submitted an application for
Rezoning,
SUbdivision,
Final PUD Development Plan,
Growth
Management Exemption for free market development in an AH zone and
for affordable housing, Condominiumization, Vested Rights, Special
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Reviews for Open Space and Parking in an AH zone, waiver of Park
Development Impact Fees, and waiver of the Waterline Extension
Moratorium for the development of 12 deed restricted affordable
townhome units, one deed restricted lot, and six free market lots
for single family residences; and
WHEREAS, the Planning and Zoning commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct
a public hearing thereon on March 16, 1993; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
7
(Planned unit Development),
Division 10 of Article 7,
(Subdivision), Division 4 of Article 7 (Special Review), Division
11 of Article 7 (Zoning Map Amendments), Section 8-104 (C) of
Article 8 (Growth Management Quota System Exemptions by city
Council), the Planning and Zoning commission has recommended final
approval of the East Cooper Subdivision subject to conditions, to
the city Council; and
WHEREAS, the Planning and Zoning Commission further granted
Special Review approval for parking and open space in an AH zone
district; and
WHEREAS, prior to final consideration by City Council, the
Applicant increased the number of deed restricted townhomes from
12 to 13 in order to meet the deed restricted/free market
percentage requirements of the AH zone district; and
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WHEREAS, the waterline extension moratorium was no longer in
effect at the time of final review by city council; and
WHEREAS, the Aspen city council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified
herein,
considered
those
reviewed
and
has
recommendations and approvals as granted by the Planning and Zoning
commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the city council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan; and
WHEREAS, the city council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-903 B. of the Municipal Code,
and subject to those conditions off approval as specified
hereinafter, the City council finds as follows in regard to the
Plan's planned unit development component:
1. The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is consistent with the Aspen Area Community Plan.
3. The Plan is consistent with the character of existing land
uses in the surrounding area.
4. The Plan will not adversely affect the future development of
the surrounding area.
5.
The Plan approval is being granted only to the extent to which
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GMQS allocation/exemptions are obtained by the applicant.
section 2: Pursuant to the findings set forth in section 1 above,
the City Council grants Final PUD development plan approval for the
East Cooper project subject to the following conditions:
l. Prior to the issuance of any building permits for the deed
restricted townhomes, the Applicant shall include within the
Subdivision Agreement financial assurances in a form
acceptable to the City Attorney for the completion of the
affordable housing component of the project. The amount of
th~ financial assurances shall be approved by the city
Engineer and city Planning Director.
A note regarding R.O.W. reservation conditions must be added
to the plat.
Trash enclosure must meet size requirements for dumpster(s)
and recycling containers. Provide letter from BFI on capacity
needs.
Add note to plat regarding emergency access from parking lot
to Hwy.82: year-round maintenance, no snow blockages. (state
in condo documents also.)
The Subdivision Agreement shall include a statement to the
effect that the subdivision's residents will be responsible
for the expense of bringing the road up to current city
standards prior to dedication.
The site plan must show the pedestrian easement to the
Riverside Drive r.o.w. agreed upon between the City and the
Applicant.
The site plan must show the required sidewalk along Hwy.82 to
be installed by the Applicant.
The site plan must show the street light location at Hwy.82
and Barb's Way.
Amend note 2 on Sheet 5 to state that individual development
on lots 1-7 shall maintain historic runoff rates.
The drainage plan must address how the Hwy.82 intersection is
handled.
Drainage calculations must be stamped by an engineer
registered in Colorado. Drywells must be sized on plan, and
must be maintainable.
Language must be included on Sheet 8 detailing conveyance, of
the water line to the City, and the conditions of the easement
which satisfy the City Attorney and Water Superintendent.
The emergency access must be included with the CDOT access
permit.
The applicant shall consult the city Engineer for design
considerations for development in the right-of-way. Permits
are required from the Streets Department for any work,
including landscaping, within the right-of-way.
15. Prior to recordation of the Subdivision Improvements
Agreement, Final PUD Plan and Subdivision Plat, the Master
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Deed Restriction for the l3 deed restricted townhomes and one
deed restricted lot shall be recorded with the county Clerk.
Prior to sale of any deed restricted property, the buyer shall
execute a Memorandum of Acceptance of the deed restriction.
The deed restrictions on the affordable units shall be as
follows:
2 - one bedroom Category 3 units
1 - one bedroom Category 4 unit
2 - two bedroom Category 3 units
1 - two bedroom category 4 unit
4 - three bedroom Category 4 units
3 - three bedroom Resident Occupied units
1 - single family lot, Resident Occupied
16. The developer shall document buyer information for all the
units/parcels within this development, for the first round. of
sales (including free market lots) and shall forward this
information to the Housing Office on an annual basis.
17. All occupants of the deed restricted and R.O. units mus.t be
qualified by the Housing Office prior to sale or rental
occupancy.
18. A tree removal permit is required prior to issuance of any
excavation or building permits. .
19. Language regarding the sanitation system within the
PUD/Subdivision Agreement shall be approved by the Sanitation
District prior to recordation.
20. A fugitive dust permit is required prior to issuance of any
excavation or building permits.
21. Prior to the issuance of any building permits on the parcel,
the Final PUD Development Plan, Subdivision Agreement and Plat
shall be recorded in the office of the Pitkin County Clerk and
Recorder. However, failure on the part of the applicant to
record the documents within a period of one hundred and eig~ty
(180) days following approval by the City council shall render
the approvals invalid, unless reconsideration and approval by
both the Commission and City Council is obtained before their
acceptance and recording, or an extension or waiver is granted
by City Council for a showing of good cause.
22. Building heights for the townhomes shall be measured from the
"natural grade" as presented in the CTL Thompson, Inc. report,
as supported by the Acting Building Official.
23. In the case of opportunities to underground existing primary
and/or secondary aerial utilities where new trenches are. to
be dug for new utilities work, the applicant shall work with
adjacent property owners and with the subject utility
companies to accomplish such utility undergrounding.
24. 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.
25. If, prior to the issuance of certificates of Occupancy and
recordation of the individual deed restrictions for the
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Resident occupied units or single family lot. the city has
adopted changes to the RO regulations, these new regulations
shall be incorporated into the individual deed restrictionS.
section 3: Pursuant to section 24-7-1004 C. of the Municipal Code,
and subject to those conditions of approval as specified herein,
the city council finds as follows in regard to the Plan's
subdivision development component:
1. The proposed subdivision in consistent with .the Aspen Area
Community Plan and is, furthermore, consistent with the
Character of existing land uses in the adjoining areas.
2. The proposed subdivision will not adversely affect the future
development of surrounding areas and will be in substantial
compliance with all requirements of chapter 24 of the
Municipal Code.
3. The proposed subdivision is compatible and suitable with the
topography of the area and will not present of create a threat
to the health, safety, or welfare of the residents or
neighbors of the subdivision.
The proposed subdivision does not create spatial patterns that
cause inefficiencies , duplication, or premature extension of
public facilitates or unnecessary public costs.
section 4: Pursuant to section 24-8-104 C. of the Municipal Code,
the city Council finds compliance in regard to the Developer's
request for Growth Management Quota System development exemption
for affordable housing and free market dwelling units in the
Affordable Housing zone district.
4.
section 5: Pursuant to section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the zoning map
amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan are not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3.
The proposed zoning amendment will not adversely
traffic generation or road safety when taken
consideration with the other aspects of the Plan.
impact
into
4.
The proposed zoning amendment will promote the public interest
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and character of the city of Aspen.
Section 6: Pursuant to Section 24-7-1102 and 24-7-1103, and
Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 5 above, the City council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
1. Affordable Housing (AH) shall be applied to Lots 1-8 of the
East Cooper Subdivision.
Section 7: Pursuant to Section #24-7-1007 B. of the Municipal
Code, the city Council finds as follows in regard to the Plan's
condominiumization component:
1. The 13 proposed townhomes to be condominiumized are not
currently leased on a long term basis.
2. six month minimum leases shall be required for the condominium
units.
3. The proposed condominiumization will not adversely affect the
availability of affordable housing.
section 8: Pursuant to the findings set forth in Section 7 above,
and in accordance with Section 24-7-1007 of the Municipal Code, ~he
City Council grants and awards condominiumization approval to ~he
Plan as follows, subject to the conditions as specified herein::
1. Thirteen proposed townhomes on Lot 8.
2. Affordable Housing Impact Fees shall not be required for these
deed restricted condominium units.
Section 9: The requested waiver of the Park Development Impact fee
shall not be granted for the East cooper Subdivision.
Section 10: All material representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and zoning commission and or City Council, are hereby
incorporated in such plan development approvals and the same shall
be complied with as if fully set forth herein, unless amended. by
other specific conditions.
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section 11: The Official Zone District Map for the City of Aspen,
Colorado, shall be and is. hereby amended to reflect the rezoning
action as set forth in section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with section
24-5-103 B. of the Municipal Code.
section 12: Pursuant to section 24-6-207 of the Municipal code,
the city council does hereby grant the applicant vested rights for
the East Cooper Subdivision and Final PUD Plan 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.
The approval granted hereby shall be subject to all rights of
referendum and judicial review.
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.
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.
2.
3.
4.
section 13:
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
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under such prior ordinances.
section 14:
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 15: The City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no 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 16:
That the City Clerk 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 17:
A public hearing on the Ordinance shall be held on the <=?,c::;;" (fay
Of~, 1993 at 5:00 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 in a newspaper of
general circulation within the city of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council
~, 1993.
1.2.
of the city of Aspen on the
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Katiiii''t)i~ :",,'Koch, city Clerk
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John Bennett, Mayor
adopted, passed and approved this ~
~y:
1993.
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John Be nett, Mayor
10
day of
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