HomeMy WebLinkAboutordinance.council.048-93 ORDIN CE
(SERIES OF 1993)
~ ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE 1992
GMQS EXEMPTION APPROVAL FOR AFFORDABLE HOUSING FOR THE UTE PARK
AH (AFFORDABLE HOUSING) SUEDIVISION / PUD TO CHANGE DEED
RESTRICTIONS ON THREE UNITS
WHEREAS, pursuant to Section 24-8-104 C.l.c. of the Aspen
Municipal Code, the city Council may exempt deed restricted
affordable housing units from the Growth Management Quota System
(GMQS) competition; and
WHEREAS, the Ute Park Subdivision received Final Subdivision,
PUD, and GMQS Exemption approval in 1992 pursuant to Ordinance
No.18 (Series 1992) for the development of three free market lots,
three Category 3 townhomes, and four Category 4 townhomes; and
WHEREAS, due to unforeseen financial considerations, project
owner James Martin requested that the Aspen/Pitkin County Housing
Authority consider a change of the Category 3 units to Category 4
units, and an increase in the initial sales price of all of the
deed restricted units, such changes being approved by the Housing
Authority Board; and
WHEREAS, at a regular meeting held on August 24, 1993, the
Aspen Planning and Zoning Commission agreed with the Housing
Board's recommendation and found that the proposed amended deed
restrictions and initial sale prices meet the requirements of the
review criteria for GMQS Exemption; and
WHEREAS, the Planning and Zoning Commission voted 4-0 to
recommend approval to the City Council for the amendment to the
1992 GMQS Exemption for the deed restrictions at the Ute Park
townhomes with conditions; and
WHEREAS, the Aspen City Council having considered and agreed
with the Housing Board and Planning and Zoning Commission
recommendation, does wish to amend the 1992 Ute Park GMQS Exemption
for Affordable Housing, changing the Category 3 units to Category
4 units, and increasing the initial sales prices for all of the
seven townhomes within the project.
NOWv THEREFOREv BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby grant an amendment to the 1992 Ute
Park GMQS Exemption for Affordable Housing as initially granted
pursuant to Ordinance No.18 (Series 1992) to change the three
Category 3 units to Category 4, to increase the maximum initial
sales price for the four Category 4 units pursuant to Section 24-
8-104.C.l.c. of the Aspen Municipal Code.
Section 2. The conditions of approval which apply to this amended
GMQS Exemption are:
1. The initial sales price for the three amended units shall
be $135,000.00, and occupancy preference for these three
units shall be to Category 3 households.
2. The initial sales price for the original four Category
4 units shall not exceed $180,000.00.
3. Ail 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.
Section 3:. A public hearing on the Ordinance shall be held on the
day of~1993 at 5:00 P.M. in the City Council
Chambers, 'Aspen City Hall, Aspen Colorado, fifteen (15) days prior
2
to which a hearing of public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
Section 4: 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 5: 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the ~ day of
John ett, Mayor
FINALLY, adopted, passed and approved this ~ day of
John te~nnet t~, May~~or
Kath~n ~Kooh,'City Clerk