HomeMy WebLinkAboutordinance.council.065-93 366615 B-7~0 P-~3 02t071~4 [0:58A PG 1 OF 7 REC ~0C
SILVIA 9AVIS PITK~ COU~T¥ CLER~ & RECORDER 35.00
ORDINANC~ NO. 65
EXEMPTION AND VESTED RIGHTS STATUS FOR THE DBVELOPMENT OF 2?
AFFORDABLE HOUSING UNITS ON KRAUT PROPERTY, LOTS E, F, G, H, ii,
BLOCK 105 TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS~ the Kraut property was purchased by the city and
County in 1991; and
WHEREAS, in 1992 the Kraut property was rezoned from Office
to Affordable Housing (AH); and
WHEREAS, pursuant to Sections 24-6-207, 24-7-1004 C.1 and 24-
8-104 of the Aspen Municipal Code the applicant, Aspen Pitkin
County Mousing Authority, has submitted an application for the
development of 27 fully deed restricted dwelling units; and
WHEREAS, the applicant has requested subdivision, GMQS
Exemption and to vest their development rights; and
WHEREAS, the applicant, also requested special review for the
establishment of open space and parking as required in the AH zone
district; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (5) (b) of the Municipal Code and did conduct
a public hearing thereon on November 16, 1993; and
WHEREAS, upon review and consideration of the subdivision and
GMQS Exemption, 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) and ArtiCle
8 (GMQS), the Planning and Zoning Commission has recommended
approval of the Kraut property subdivision subject to conditions,
to the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered
the subdivision 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
W~EREAS, the City Council finds that the subdivision meetslor
exceeds all applicable development standards and that the approval
of the subdivision and GMQS Exemption, with conditions, iis
consistent with the goals and elements of the Aspen Area Community
Plan; and
W~EREAS, this subdivision would supersede and void the prior
subdivision for the property known as the Kraut Lot Split, Lots 1
& 2, according to the plat thereof, recorded in the Office of the
Clerk and Recorder of Pitkin County, Colorado on the 20th day~of
March, 1990, in Plat Book 24 at Page 5; and
W/4EREAS, 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 24-7-1001 of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
subdivision:
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1. The applicant's submission is complete and sufficient
afford review and evaluation for approval.
2. The subdivision is consistent with the purposes of subdivision
which is to assist in the orderly and efficient development
of the city and safeguard the interests of the public and the
subdivider and provide consumer protection for the purchaser.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant subdivision approval for the
Kraut property subject to the following conditions:
1. Sidewalks, curb and gutters shall be installed by the
developer, language to this effect shall be included in the
subdivision agreement and shall be indicated on the subdivision
plat.
2. Streetscape alternative B of the application, i.e. maintaining
the existing curb line and angled on-street parking shall
implemented by the developer.
3. Prior to the issuance of any building permits, the applicant
shall submit detailed sanitation plans to the Aspen Consolidated
Sanitation District for a sewer tap permit.
4. Prior to the issuance of any building permits, electrical load
information shall be submitted to the city electric department in
order to determine what phase power is needed and whether a major
system improvement is necessary.
5. The applicant shall be responsible for any utility relocation
costs language to this effect shall be included in the subdivision
agreement.
6. A transformer easement shall be provided, the size and location
of which will be determined by the Electric Department when load
information is made available. Other easements shall providedias
necessary for other utilities. All easements shall be depictedion
the final subdivision plat.
7. Automatic fire sprinkler and alarm systems shall be required
for this project.
8. Prior to the issuance of any building permits, a drainage
plan, meeting the requirements of Section 24-7-1004.C.4.f of the
Code, shall be submitted by an engineer registered in the Statelof
Colorado and submitted to the Engineering Department. A final
review of the drainage plan shall be done by the Engineering and
Streets Departments.
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9. No storm runoff from soils exposed by excavation and
construction shall be permitted to enter city streets or alleys.
10. The applicant shall install a street light on the corner iof
the alley on South Original Street. The applicants shall work
with the City to determine location and design of lighting which
shall be indicated on the final subdivision plat.
11. An encroachment license shall be required for the underground
parking garage to encroach under East Hyman Avenue.
12. Work in the alleys and streets of the Commercial Core and Main
Street Corridor is prohibited between June 15 through Labor Day.
This would include Highway 82 but not East Hyman Avenue or the
alleyway.
13. Prior to any work in the alley and public right-of-way a
permit from the Streets Department shall be required and reviewed
by the Engineering Department.
14. During the time of construction the project shall
surrounded on two sides (i.e. East Hyman Ave. and South Original
St.) with a covered pedestrian walkway. The alley may be closed
to all traffic including pedestrian (except construction related
activity and service and utility traffic) as needed for
construction.
15. Prior to the issuance of any building permits, the roof shall
be designed in such a manner as to prevent snow from shedding onto
the public sidewalk.
16. Prior to the issuance of any permits the applicant shall
record a subdivision plat and agreement in accordance with Section
24-7-1004.C and D of the municipal code. The plat and agreement
shall be reviewed and approved by the Engineering and Planning
Departments and the Attorney's office.
17. Prior to approving the subdivision agreement and plat,i a
detailed landscape plan for the entire project and the streetscape
shall be submitted to the Parks Department for review. The
standard guidelines for designing in the ROW should be followed.
18. The approved subdivision plat and agreement shall be recorded
with the Pitkin County Clerk and Recorders office within 180 days
of subdivision approval or the approval will be void.
19. All material representations made by the applicant in the
application and during public meetings with the Planning and Zoning
Commission shall be adhered to and considered conditions ~of
approval, unless otherwise amended by other conditions.
20. Yard and open space shall consist of 41% or approximately
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6,095 square feet of the property.
21. Twenty-seven resident parking spaces shall be provided in a
below grade garage.
22. The height of the building, as indicated in the P&Z Commission
meeting, shall not exceed 30 feet as defined in Section 24-3-101
of the Aspen Municipal Code.
Section 3: Pursuant to Section 24-8-104 of the Municipal Code,
the City Council does hereby grant a GMQS Exemption for the
development of 27 dwelling units that will be fully deed restricted
to category 3 or less.
Section 4: All material representations and commitments made iby
the developer pursuant to the subdivision 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 5: Pursuant to Section 24-6-207 of the Municipal Code,
the City Council does hereby grant the applicant vested rights for
the Kraut property 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 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
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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 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
amended as herein provided, and the same shall be conducted and
concluded under such prior o~dinances.
Seotion 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 S: The City Clerk shall cause notice of this Ordinancelto
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.
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Section 9: 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 10: A public hearing on the Ordinance shall be held on the
24 day of January, 1994 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 .t~e,~,~,~ty Council of the City of Aspen on the /~ day of
John ~ennett, Mayor
' Kg;g. hFyn/~.' KoOh, City clerk
~ '~ , ~IN~LLY, adopted, passed and approved this ~ day of
, ..,~ t~... John B~nnett, Mayor
Ka~hrYn S/J'.'Ko~h, ~ity Clerk-~
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