HomeMy WebLinkAboutordinance.council.036-93 ~I~5887& 07/15/95 15:46 Rec ~20.00 BK 718 PG 50
Silvia Davis~ Pitkin Cnty Cler. k~ Doc $.00
ORDINANCE ~6
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PERPETUAL VESTED
RIGHTS FOR THE ~FFORD~BLE HOUSING MITIGATION PROVIDED FOR THE 409
E~ST HOPKINS GROWTNMANAGEMENT DEVELOPMENT PL~, BLOCK 88, LOTS; D,
E~ ~ F ~SPEN~ COLO~O.
~ERE~S, pursuant to Section 24-6-207 of the Aspen Municipal
Code, city Council may grant vested rights status for a site
specific development plan for an initial period of three years; and
~ER~S, on December 17, 1990 and again on January 24, 1991,
City Council granted a GMP co~ercial allocation on the behalf of
applicant, Laura Donnelley, for the 409 East Hopkins development
proposal; and
~ER~S, the development proposal was found to generate 20.4
employees that required affordable housing mitigation; and
~EREAS, the applicant, Laura Donnelley, elected to purchase
an existing apartment building, the Smuggler Mountain Apartments~
and fully deed restrict the 11 dwelling units to Category 1
affordable housing guidelines and provide $25,000 for upgrade of
the apartments as the affordable housing mitigation for the ~409
East Hopkins development; and
~ERE~S, the Smuggler Mountain Apartments were added to the
affordable housing inventory in 1991, before any co~ercial growth
has occured on the property, and the City has already received
substantial benefit in the provision of employee housing; and
~EREAS, the concept of buying down existing dwelling units
for the preservation of employee housing is consistent with ~the
reco~endations of the Aspen Area Co--unity Plan; and
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WHEREAS, a Growth Management allocation is valid for three
years and if development has not commenced within the three years
the allocation becomes void; and
WHEREAB, the current owner of 409 East Hopkins,and successors
in interest to the original developer, Kandycom Inc., requests to
permanently vest the affordable housing mitigation for 20.4
employees that was provided in 1991; and
WHERE&S, the Planning office, having reviewed the application
recommends approval of perpetual vested rights for the affordable
housing mitigation for 20.4 employees provided for commercial
development on the 409 East Hopkins parcel; and
WHEREAS, the Aspen City Council having considered the Planning
Office's recommendations for perpetual vested rights does wish! to
grant the requested vested rights finding that 11 dwelling un~ts
have been added to the affordable housing inventory, a substantial
amount of money was also provided for the upgrade of the units, the
original applicant diligently worked with the Council to provide
a positive housing solution for anticipated commercial growth, and
the City has already received substantial benefit in actual
affordable housing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 24-6-207 of the Municipal Code, City Council
does hereby acknowledge that affordable housing mitigation for the
409 East Hopkins development project as previously approved via
Resolution No. 14, Series of 1991, has been satisfactorily provided
by the purchase and deed restriction of the Smuggler Mountain
Apartments as described above and that such mitigation shall now
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hereby be permanently vested and credited to the future commercial
development on the 409 East Hopkins parcel, subject to the
following conditions:
1. If future development generates more than 20.4 employees,
additional mitigation shall be required in accordance with those
mitigation standards then in effect.
2. If future development generates less than 20.4 employees, the
City shall not be required to reimburse or transfer any excess
mitigation credits as vested hereunder.
3. Any failure to abide by the terms and conditions attendant to
this approval shall result in forfeiture of said vested property
rights.
4. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
5. 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 of the City provided that such reviews
or approvals are not inconsistent with the approvals granted and
vested herein.
6. 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 2:
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 168,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in thenotice and appended to said
notice shall be the ordinance granting such approval.
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Section 3:
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 4:
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 5:
A public hearing on the ordinance shall be held on the
day of July 12, 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.
INTRODUCED, RE~D AND ORDEREDPUBLISHED as provided by law, by the
City Council of the City of Aspen on the /~ day of
~ , 1993.
'",%~ ~ ~'~% John ~ennett, Mayor
'~athry¢"S~Koch, City Clerk
FINALLY, adopted, passed and approved this /i~__ day of
/~~, 1993.
· ' ii ~ ~ ~ ~ i ~ John ~ennett, Mayor
K~thryn'~ffoKo~h, Cit7 Clerk
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