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P-100 03/24/95 02~21P PG 1 OF 5
PITKIN COUNTY CLERK & RECORDER
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ORDINANCE NO. 1
(series of 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTS FOR A
PERIOD OF THREE YEARS FOR GROWTH MANAGEMENT EXEMPTION, SPECIAL
REVIEW, AND MOUNTAIN VIEWPLANE REVIEW FOR THE 303 EAST MAIN STREET
PROJECT LOCATED ON LOT A AND THE WEST HALF OF LOT B, BLOCK 80, CITY
AND TOWNSITE OF ASPEN, COLORADO
WHEREAS, the Aspen Planning and Zoning Commission reviewed
the 303 E. Main street project on November 22 and December 20,
1994, and approved growth management exemption for the addition of
one free market residence and approximately 3,640 square feet of
net leasable commercial space within a designated historic
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landmark, special review for trash area reduction, and intrusion
into the Main street mountain viewplane; and
WHEREAS, affordable housing mitigation is required for the
new free market residence as well as the above grade commercial
space of 640 square feet. The basement level net leasable area is
exempt from mitigation; and
WHEREAS, the development of the project must mitigate for 2.11
employees; and
WHEREAS, the Project originally included a basement level deed
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restricted unit on the site. However, the Housing Office and the
Planning and Zoning Commission rejected this unit because of
substantial problems with access and natural light and ventilation,
and. because of the constraints of the historic building and
landmark status, these issues could not be adequately resolved; and
WHEREAS,the Project then requested that the Planning and
Zoning Commission and City Council approve an affordable housing
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mitigation package in which the applicant shall purchase an off-
site 2 bedroom free market unit and deed restrict it to Category
1 price and income levels. If unable to find a unit, the project
proposed to pay cash-in-lieu for its entire affordable housing
obligation; and
WHEREAS, the Aspen/Pitkin County Housing Office reviewed the
revised mitigation package and forwarded a positive recommendation
on the buy-down concept, but was not supportive of the cash-in-
lieu proposal; and
WHEREAS, the Planning and Zoning commission voted unanimously
to recommend approval of the revised mitigation plan including the
cash-in-lieu option because the Project's size and historic
constraints severely limit the ability to locate affordable housing
on-site; and
WHEREAS, the City Council has determined the Project's revised
housing mitigation proposal to be fair and equitable and consistent
with the mitigation requirements contained in section 8-109 of
Chapter 24 of the Municipal Code; and
WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal
Code the City Council may grant vesting of Development Rights for
a site specific development plan for a period of three years from
the date of final development plan approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
In accordance with section 24-8-109(J) of the Aspen
Municipal code, city Council does hereby accept the employee
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B-777 P-102 03/24/95 02~21P PG 6
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housing mitigation plan as proposed and recommended by the Planning
and zoning commission for the 303 E.Main street project to be the
purchase of a free market unit with the following conditions:
1) The applicant shall provide mitigation for 2.11 category 1
employees by the purchase and deed restriction of a two-
bedroom or larger free market unit (to be acceptable by the
Housing Office, including any necessary repairs) prior to the
issuance of any certificates of Occupancy at 303 E. Main
street.
2) If a unit cannot be located for purchase and accepted by the
Housing Office upon best efforts and due diligence by the
developer prior to the issuance of any certificates of
occupancy, the developer shall return to City Council for
approval of cash-in-lieu in the amount in effect at the time
of payment.
section 2:
Pursuant to section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
303 E. Main street site specific development plan as follows:
1.
The rights granted by the site specific development plan
approved on December 20, 1994 by the Aspen Planning and
Zoning commission shall remain vested until December 20,
1997. 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 or
by the Planning and Zoning commission shall exempt the
site specific development plan from subsequent reviews
and or approvals required by this Ordinance, the Planning
and Zoning commission, 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.
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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
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B-777 P-103 03/24/95 02~21P PG 4
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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 3:
The city Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation 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 4: A public hearing on the Ordinance shall be held on the
~ day Of~1995 at 5:00 P.M. in the city council
Chambers, Aspen City ~ll, Aspen Colorado, fifteen (15) days prior
to which a hearing of 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
~1::5~he
ci ty of Aspen on the o?3
day of
JOhn~nef!~
~INALLY' adopted,
~ ' 1995.
passed and approved this
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day of
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John Benne~, Mayor
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