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Home My WebLink Aboutordinance.council.028-93 .~....... ~\" ~e .~ " '<;;~ ,a !~- ::~5~181 06125/,?3 1.1,18 f(ec $40.00 81< 715 F'G 946 ollifla DaVIS, PItkIn Cnty Clerk~ Doc $.00 ORDINANCE NO. 28 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL SUBDIVISION PLAN FOR THE OBLOCK SUBDIVISION, CONOOMINIUMIZATION AND VESTED RIGHTS STATUS FOR LOTS D-I AND N-S OF BLOCK 112, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1990 the Oblock subdivision was approved by the City Council; and WHEREAS, the approved subdivision included ten single family townhomes, four accessory dwelling units and an underground parking garage; and ( WHEREAS, the applicants have submitted an application to amend the subdivision, condominiumize the dwelling units and vest their development rights; and WHEREAS, the applicants, Butch and Sundance Investments Inc., propose to amend the approved subdivision by eliminating the underground parking and providing surface, off-street parking for the ten townhomes; and WHEREAS, on July 1, 1992, the state Legislature enacted the Colorado Common Interest Ownership Act ("CCIOA") which arguably conflicts with certain provisions of the Aspen Municipal Code governing the sUbdivision/condominiumization approval process as adopted by City, and under which the instant condominiumization is being processed for approval; and WHEREAS, the city Council has taken under advisement possible amendments to the Aspen Municipal Code so as to eliminate any conflicts or potential conflicts between the CCIOA and local condominiumization ordinances; and 1 ~ ie "e ~. .. \1%,,<. It -- - inS8lf.H 06/25/93 11, Hl f'!ec $40.00 Elf< 715 f"G 947 Silvia Davis~ Pitkin Cnty Clerk~ Doc $~OO WHEREAS, in the municipal the event amendments to condominiumizationordinances are subsequently enacted after adoption of this ordinance approving the condominiumizationas sought herein, and said amendments reduce or eliminate conditions of condominiumization approval as currently required under existing ordinances and as imposed upon the applicant herein, it is City Council's desire that the applicant herein receive the benefit of those amendments; and WHEREAS, the City Council may not and has not committed itself or the City to the actual adoption of any amendment to the Municipal Code as described in the foregoing recital; and WHEREAS, the applicant has been fully apprised as to his rights and obligations under current ordinances governing condominiumization approval; and WHEREAS, the applicant has determined to proceed with his approval application at this time at his own risk knowing that amendments to existing condominiumization ordinances mayor may not subsequently be adopted, and that such amendments if adopted may not provide him any relief from the conditions of approval as imposed in this ordinance; and WHEREAS, the Aspen city Council has reviewed and considered the amendments under the applicable provisions of the Municipal Code, to wit, Division 10 sections 24-7~1006 and 24-7-1007, and has reviewed and considered those recommendations by the Planning Department and has taken public comment at public hearing; and WHEREAS, the City Council finds that the amendments to the 2 f~ '. e,.... \ ~ (it .... #3581.81. 06/25/93 11.,18 Rec $40.00 Elf< S:i.lvia Davis~ Pitkin (~~~_~y Cler'l~~ D_~c 715 F'G 948 $.00 subdivision and condominiumization meet or exceed all applicable development standards and that the approval of the amendments and condominiumization, 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 24-7-1006 B. and 24-7-1007 of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the approved SUbdivision plan and condominiumization of ten townhome dwelling units: The Developer's amendment to the subdivision submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the subdivision plan is consistent with the approved subdivision plan. 1. 3. The proposed condominiumization will not adversely affect the availability of affordable housing. section 2: Pursuant to the findings set forth in section 1 above, the City council grants a substantial amendment to the subdivision plan for the Oblock Subdivision subject to the following conditions: 1. Prior to the issuance of any building permits and within 180 days of final approval, the applicant shall file with the Pitkin County Clerk and Recorder an amended subdivision plat and subdivision agreement. Failure to file within 180 days of final approval will render the approval invalid. 2. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 3 e' ~ "'1,< e, '~ ... "\., e ,1*:g58l1'Jl 06/25/')>:3 11:1.8 f'!ec ~AO.OO Elf< 71~_PG 949 !~i1via. Dowis, Pithn Cnty Cl""'~:,,- ~oc $.00 3. The final plat shall meet the requirements of section 24-7- 1004.0 and shall: a. Indicate utility easements necessary for the developm~nt. b. Indicate curb,. sidewalk and streetlight locations, to comply with the Pedestrian Bikeway Plan. c. Indicate above grade trash service area. 4. Applicant shall join any future improvements districts for the purpose of constructing improvements in the public right-of-way. 5. Prior to issuance of a building permit, the applicant shall provide a storm runoff drainage study meeting the requirements. of section 24-7-1004.C.4.f. ' 6. Prior to recordation of the final plat and subdivision agreem~nt, the applicant shall submit documentation to the Planning Department demonstrating that downstream collection constraints can be mitigated to the satisfaction of the ACSD. Actual cost and financial guarantee shall be incorporated into the amended subdivision agreement. 7. Prior to recordation of the final plat and subdivision agreement, the applicant shall review with the Water Departmen{: water supply requirements, proposed connection to the city system and adequacy of fire protection. 8. Prior to the issuance of any building permits, the applicant shall provide $7000 worth of trees to the Parks Department for replacement of trees that were removed after the 1990 subdivision approva1. In-lieu of replacing trees on-site, with the Park f s Department's approval, the developer shall donate $7000 worth of trees to the City of Aspen. 9. Prior to the issuance of any building permits, the applicant shall submit for Parks Department review a new landscape plan that identif ies the relocation of removed trees, indicates trees' to remain, and indicates tree calipers; The applicant shall also work with the Parks Department to preserve two trees that may suffer heavy damage due to construction. Removal of any tree larger than 6" in caliper shall require a tree removal permit. 10. The applicant shall bond for five years the cost of the trees (as determined by an independent third party). In the event the relocated trees do not survive the money shall be available for the Parks Department to use for replacement vegetation. Languagetv this affect shall be included in the subdivision agreement. 11. Prior to the issuance of any building permits, deed 4 RI_. ( '<",. e <<I *~~558I81 06/2:5/93 11, 18 I~.,c $40,,00 B1< V!:S f"G 950 Silvia Davis~ Pitkin Cnty Clerk~ Doc $~OO restrictions for the accessory dwelling units shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory units meet the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, ,shall. be rented for periods of six months or longer. 12. Prior to final inspection by the Building Department, the accessory dwelling units shall be inspected to confirm that the units comply with the housing guidelines for such units. 13. All representations that the applicant has made regarding this amendment shall be adhered to during any development. section 3: Pursuant to the findings set forth in section 1 above, and in accordance with Section 24-7-1007 of the Municipal Code, the City council grants and awards condominiumization approval to the Plan as follows, subject to the conditions as specified herein: 1. The applicant shall file a condominium plat to be reviewed and approved by the Engineering Department and the plat shall include but not limited to: a) A legal description of the condominiumizedproperty. 2. Prior to filing the condominium plat, the applicant shall deed restrict the condominiumized residential units to a six month minimum lease, with no more than 2 shorter tenancies per year. 3. The Building Department shall inspect the building prior to filing the final plat. section 4: In the event amendments to the current Municipal Cpde are hereinafter enacted under which the conditions of approval. of (2) a deed restriction as specified in Section 3 above are not longer required, as currently mandated under the Municipal Code, then it is. the intent of the city Council that the applicant herein be afforded the benefit(s) of such amendment(s) and that the requirement for a deed restriction be vacated. section 5: All material representations and commitments made by 5 '. ~.. v~, _1. 'i~ . ,. e"..... o " " , '~:?58lf~:I. 061.~:'j/':'? 1.1, 1~ Rec:: $40.00 BI< 715 PG ~ ollvld Dav159 ~ltkln Cnty Clerk~ Doc $QOO the developer pursuant to the amended subdivision plan approv~ls as herein awarded, whether in public hearing or documentation presented before the city council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. section 6: Pursuant to section 24-6-207 of the Municipal Code, the city council do~s hereby grant the applicant vested rights ifor the amended Oblock Subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of s'aid vested rights. 2. The approval granted hereby shall be subject to all right$ 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. 4. 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 7: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding 6 'ft'... ~ \\,. e\ "0,.. . "". ,.. \- *nc.S1.Pl ()Llc.,~ -. . m ~;~ .,:. :u.~~/~3 11,IS kec $40.00 Bf< 715 F'G 95 ~ll~ld DavIs, Pltkln Cnty Clerk, Doc $nOO 2 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 8: 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 9: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption , hereof. Such notice shall be substantially 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 10: A public hearing on the Ordinance shall be held on the ~ day o~~ 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law; by the city council of the City of Aspen on the If) day of , /J?1/~' 1993. ~ Jm_ John Br:::tt~~-;;;?O 7 ~... . Lw 1\ \." ~.. \\- .' ~1 \,. Attest: Kathryn 'ir3c;S1. SI 06/2:"j/93 1.1, 1.S R.,,, ';;4n nn 1.".( 715 ~ .;;.'''''''' S.. . ... ... 0.. Pb .,..""" ,.11vla Davis, F'i'tl.'..,.r.j C.nt C.'l. I. . 1 '. ... -y er~~ Doc $~UO fJ FINALLY, . . .1/VY'v(_ , -,... Kathryn s~ adopted, passed and a 1993. John ~ och, City Clerk roved this / if I?~ ennett, Mayor 8 day of