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Home My WebLink Aboutordinance.council.030-93 It..... '~.. - .' ~ . "'~.. ^ *1,358411 ,Yi'/01/9:,'; 1~'j:,"j4 P,oc ..,K~O"OO BI:: Silvia Davis, Pitkin Cn.ty _('lr=,,:k-,_D<:),= 716 PG 604 $gOO ORDINANCE NO.30 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN AND VESTED RIGHTS FOR THE TRUSCOTT PLACE FINAL DEVELOPMENT PLAN , 39551 STATE HIGHWAY 82 CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1989 the Truscott Place final PUD development plan was approved by the City Council; and WHEREAS, the final development plan included the conversion of 50 lodge rooms (in the Old Red Roof Inn building) to studio apartments and 46 new affordable dwelling units; and WHEREAS, the applicant, Aspen Pitkin County Housing Authority (APCHA) requested a reduction in the required number of parking spaces from 114 to 86; and WHEREAS, Council, seeking to minimize the impact of the au.tomobile and set an example for managing the auto disincentive granted the reduction in parking from 114 to 86 spaces; and WHEREAS, the applicant has now submitted a request to amend the 1989 PUD development approval and vest development rights for three years; and WHEREAS, the applicant proposes to provide 50 private storage closets and replace the balcony railings with a more solid railing for the studio units, enclose the two existing trash/recycle bins, and provide eight additional on-site parking spaces; 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 therein on May 4, 1993; and 1 '.> ."\::" -. '. ~.a {., 716 1,.(.0.1 605 "7") en t:{V c ~. '\ ~:. ~ 51,\. F~ec: $.w~C"..I., ~~ "', tf"".S4.J.\ 07/01115 .;;J. . .1... Doc $.00 ..._'._1 ... .. I""tkin Cryty Cler.., Q,.j'/,..a DaV1S~ 1 ." '-} . .. WHEREAS, upon review and consideration of the amendments, 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), the Planning and Zoning commission has recommended approval of the substantial amendments to the Truscott Place final PUD development plan subject to conditions, to the city council; and WHEREAS, the Aspen City Council has reviewed and considered the amendments under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those 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 amendments, with conditions, are consistent with the approved final PUD development plan meets and the continued effort toward auto disincentives 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 24-7-907 B. 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 final Planned Unit Development plan: 2 !.x. ~. ~ -'. 1 . '\, .~. \\. #35841.1 07/01/93 1.5,54 Rec $30"(~ Bf< 716 F'G 606 Silvia Davis, Pitkin Cnty Clerk~ Doc $hOO 1. The applicant's amendments to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. section 2: Pursuant to the findings set forth in section 1 above, the city Council grants a substantial amendment to the Final PUD development plan approval at Truscott Place for the addition of 50 private storage closets, replacement of balcony railings for the studio units, enclosure of two trash/recycle bins, and the addition of eight on-site parking spaces subject to the following conditions: 1. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD development plan and amended PUD agreement within 180 days of final approval or the approval is rendered invalid. 2. Prior to filing, the approved by the Engineering plat and agreement shall amendments. amended plat shall be reviewed and and Planning Departments. The amended include prior approval and approved 3. All representations made by the applicant regarding this amendment shall be adhered to during any development. 4. The applicant shall insure that parked vehicles will not encroach into the cul-de-sac. 5. A 14 foot driveway shall be provided, as an easement, for Parks and Golf access to soil storage area and an 18" PVC irrigation pipe (schedule 40 rates) shall be installed to protect the irrigation ditch. 6. An access easement shall be obtained from the City to increase the amount of parking. City Council may grant the easement to be shown on the final plat. 7. The Parks Department has requested that if problems arise between residents and the upkeep of the city's soil storage area, the Aspen Pitkin County Housing Authority shall construct a privacy fence or install landscaping to shield the soil storage area from resident housing and parking. 3 ~_. ~, ~, e, I" _ \\;,. '.'. \1. *1,~,\::i8Lf.lj, 'Y?/01/93 15,54 l'lec $30.00 HI< 716 H3 607 Silvia Davis~ Pitkin Cnty Clerk, Doc $nOO 8. The PUD amendments shall add a total of 1,527 square feet of floor area to the PUD development plan. section 3: All material representations and commitments made by the applicant pursuant to the amended PUD 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. section 4: Pursuant to section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the Truscott Place PUD development 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. Failureto 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. 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 approvi'll, the developer shall abide by any and all such building, 4 1_".... (" \:~ "'" e.. \( ',\,.- " .' .'1. j\, 1j; 'i, - -- . R <0.,0 no Bf< ,M .' ".M~I/()j /c1:3 15~ ~.V.\. ec. .~. M " ~ N ~t:3~,841l u" ... .. ,. C,..,... Y Cl ed.':, Doc: . r.'lbnn ,. _ . Silvia DavJ.s,; 1'18 PG 608 $nOO fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. section 5: 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 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. section 7: 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 8: 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 9: A public hearing on the Ordinance shall be held on the /j/ day of ~, 1993 at 5:00 in the city Council Chambers, Aspen city HBfI, Aspen Colorado, fifteen (15) days prior to which 5 ~.. h "I. '\'< ~e.. l" ~,~ ~.,.. ~ -t #35841.1 07/01./93 15:54 Rec '30.00 Elf< Silvia. Davi~J, F'itk:Ln C~d:X Clc~.:r'I.~~ DDc v1€i F'C3 609 $~OO 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 ~~ day of ~ {5~;51:1- Joh . Bennett, Mayor , 1993. J'~ Qcli, City Clerk approved this ~?f day ~ !3~- ~ennett, Mayor of adopted, passed and , 1993. John .~"~'" Kathryn City Clerk (, i' 6