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HomeMy WebLinkAboutordinance.council.060-93 3~6&~4 B-?40 P~98~ 02107/94 10:58~ PO 1 OF 7 REC DOC DILVIA DAVIS PtTKIN COUNTY CLERK ~ RECORDER ORDINANCE N0.~>~ (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GR~NTING REZONING FROM R/MF (RESIDENTIAL MULTI-FAMILY) TO AH (AFFORDABLE HOUSING), SUBDIVISIONt GROWTH M~NAGEMENT EXEMPTION FOR AFFORDABLE HOUSING UNITS, AND VESTED RIGHTS FOR THE EAST HOPKINS PROJECT FOR FOUR DEED RESTRICTED TOWNHOMES SITUATED ON LOTS F,G,AND H, BLOCK 33 EAST ASPEN ADDITION AND LOT 5 BLOCK 5 OF THE RIVERSIDE ADDITIONt 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, the Aspen/Pitkin Housing Office (Applicant) submitted an application (the "Plan") to the Planning Office for rezoning of a 9,000 square foot parcel at 1017 East Hopkins Avenue from R/MF (Residential MultihFamily) to AH (Affordable Housing) ~in conjunction with an application for Subdivision, Growth Management Exemption for Affordable Housing, Condominiumization, Special Review, Stream Margin review, and Vested Rights for the development of four deed restricted townhomes; 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 October 5, 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 10 of Article 7, (Subdivision), Division 11 of Article 7 (Zoning Map Amendments), Section 8-104 (C) of Article $ (Growth Management Quota System 1 366614 B-740 P-gB? 02/07/94 IO:5BA PB 2 OF ? Exemptions by city Council), the Planning and Zoning Commission has recommended final approval of the East Hopkins development 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 Stream Margin approval; and WHEREAS, the Aspen City Council has reviewed and considered the Plan 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 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 Wq{EREAS, 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 24-7-1004 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 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 3~14 ~-?~0 P-98B ~2~07/94 10:58A PG 3 OF ? 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 or create a threat to the health, safety, or welfare of the residents neighbors of the subdivision. 4. The proposed subdivision does not create spatial patterns that cause inefficiencies , duplication, or premature extensionlof public facilitates or unnecessary public costs. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants Subdivision approval for the East Hopkins Affordable Housing project subject to the following conditions: 1. 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. 2. Prior to recordation of the Subdivision Improvements Agreement, Subdivision Plat, and the Master Deed Restriction for the deed restricted townhomes and 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. 3. A tree removal permit is required prior to issuance of any excavation or building permits. 4. Prior the issuance of any building permits, the applicant must submit to and receive approval by Engineering of a storm drainage plan. 5. The Final Plat and site plan for building permit must include trash storage locations, a 4'x4' utility pedestal easement adjacent to the alley, final design of any features located in the public right-of-way (eg. sidewalk, curb/gutter, driveways), and final design of alley access. 6. Prior to the sign-off by Engineering on the Final Plat, a new alley access agreement signed by all parties and beneficiaries of the original access agreement must be executed. This access agreement should also be outlined within the Subdivision Agreement. The Fire Marshal shall approve any alley improvements for emergency access requirements. The new agreement shall be indicated on the condominium plat. 3 3&6&14 B-?40 P-gB9 02t07/94 10:58A PB 4 OF 7 7. Street drainage must be accommodated where the project reconfigures the pavement and adds curb and gutter. 8. The Subdivision Agreement and Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Plat within a period of one hundred and eighty (180) days following approval by the City Council may render the Plat invalid. 9. The developer shall agree to join any improvement districts formed to cover improvements not covered by their sidewalk, curb and gutter improvements. 10. The applicant shall develop a mitigation plan to address parking impacts due to construction activity on the site. This plan shall be finalized prior to the issuance of! a building permit. Section 3: 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 four Category 4 deed restricted townhome dwelling units . Section 4: 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 impact traffic generation or road safety when taken into consideration with the other aspects of the Plan. 4. The proposed zoning amendment will promote the public interest and character of the City of Aspen. Seotion 5: 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 4 36&614 ~-740 P-990 02/07/94 10:S8fl pG 5 OF 7 the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the condition specified below: 1. Affordable Housing (AH) zone district shall be applied to Lots F,G,and H of Block 33, East Aspen Addition and Lot 5, Block 5, Riverside Addition. Section 6: 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. Section 7: 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 5 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 S: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the East Hopkins Affordable Housing Project 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. 2. The approval granted hereby shall be subject to all rightsOf referendum and judicial review. 5 566614 B-?40 P-991 02/07/94 I0:58A PG 6 OF 7 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 9: 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 repeated or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: 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 ll: 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: :~&66~4 B-7~,O P-992 02107/94 10:586 P8 7 OF 7 The p~cy snaz~ ~ described in the notice and appended to said notice shall be the ordinance granting such approval. Section ~: 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 13: A public hearing on the Ordinance shall be held on the ~ day 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~ day of ~, 1993 · ~' ........... '~'% John Bennett, Mayor ~-~A~ ~ /,/ Kat~[~,,,,'~och, city Clerk FINALLY, adopted, passed and approved this /~ ~day of John ~ennett, Mayor