HomeMy WebLinkAboutordinance.council.002-95380006 B.....777 I::)-.-" 106 03/24/95 02: 23P I::'G I JiF 8 RISC D[]C
SIL. VIA DAVIS PITKIN COUNTY CL. ERK & RECORDER 40.00
ORDINANCE NO. 2
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION, MAP
AMENDMENT, GMQS EXEMPTION AND VESTED RIGHTS STATUS FOR THE
DEVELOPMENT OF 2 AFFORDABLE HOUSING UNITS AND 2 FREE MARKET UNITS
ON LOT A, BLOCK 37 AND 75' X 100' OF VACATED CLEVELAND STREET, EAST
ASPEN ADDITION TO THE CITY OF ASPEN, 939 E~ST COOPER ~VENUE (E~ST
COOPER COURT), ASPEN, PITKIN COUNTY, COLOR~DO.
WHEREAS, the applicants, Darnell and Bob Langley, have
submitted an application to subdivide their property, 939 East
Cooper, and rezone the newly created parcel (Parcel 2) from
Residential Multi-Family (R/MF) to Affordable Housing (AH); and
WHEREAS, the applicants, also request a GMQS Exemption for the
development of housing in the AH zone district and vested property
rights; and
WHEREAS, the applicants, also request special review for the
establishment of open space and parking as required in the AH zone
district; and
WHEREAS, the Planning and Zoning Commission (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 22, 1994,
and again on December 6, 1994; and
WHEREAS, upon review and consideration of the special review
standards for parking and open space and standards as contained in
Chapter 24 of the Municipal Code, to wit, Division 4 of Article 7
(Special Review), the Commission approved the special reviews for
this development establishing 5 on-site parking spaces and
approximately 0% of the site as open space as defined in the
Municipal Code; and
W~EREAS, upon review and consideration of the application for
rezoning, 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), Division 1t of Article 7 (Amendments to the
official Map) and Article 8 (GMQS), the Planning and Zoning
Commission has recommended approval of the East Cooper Court
development application subject to amended conditions, to the city
Council; and
Wq4EREAS, the Aspen City Council has reviewed and considered
the rezoning and 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
a public hearing; and
W~EREAS, the city Council, at first reading of the Ordinance,
recommended several changes to the proposed development such as,
conformance with side yard setback requirements, restudy the
historic barn orientation to the alley to provide more room between
the homes on the affordable housing parcel, reduce the massing of
the buildings on the site, reconsider the mix of free market and
deed restricted units, and explore a duplex configuration for the
homes on the affordable housing parcel; and
W~EREAS, the applicants have revised the submitted site plan
and the affordable housing proposal in an effort to address
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concerns expressed by Council; and
W~EREAS, the City Council finds that the rezoning and
subdivision meets or exceeds all applicable development standards
and that the approval of the rezoning, subdivision and GMQS
Exemption, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and
W~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:
That it does hereby grant a subdivision and rezoning of 939 East
Cooper Avenue (East Cooper Court), Lot A, Block 37 and 75' X 100'
of vacated Cleveland Street, East Aspen Addition to the City of
Aspen, Aspen Colorado.
Section 2:
Pursuant to Sections 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:
1. The applicant's submission is complete and sufficient to
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 3:
Pursuant to the findings set forth in Section 2 above, the City
Council does hereby grant subdivision approval for the East Cooper
Court project subject to the following conditions:
1. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full
basis depending upon the specific agency's requirements.
2. Prior to the issuance of any building permits, the applicant
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shall submit a subdivision plat and Subdivision Improvement
Agreement in accordance with Section 24-7-1004.C. and D. of
the Aspen Municipal Code for review by the Engineering and
Community Development Departments and the City Attorney.
The final subdivision plat and agreement must be filed within
180 days of final approval or subdivision approval is void.
3. The Subdivision agreement shall include the following:
a. language to the effect that preserves and maintains
the central courtyard on Parcel 1 as required
open space for the entire East Cooper Court
Subdivision;
b. letters from all of the utilities that they have
inspected and approved the final development plan;
c. restrictions against future installation of fireplaces
and woodstoves;
d. a fugitive dust control plan, to be reviewed and
approved by the Environmental Health Department; and
e. a bond for the value of the tree in the northwest
corner that is to be relocated and language to the effect
that the bond shall be in place for five years to confirm
O the tree's survival.
4. The final Subdivision plat and plan shall include the
following:
a. all transformer and utility easements;
b. a detailed drawing of the area for all service/trash
and recycling areas;
c. a 5 foot wide sidewalk shall be located adjacent to
the property line with a 5 foot buffer space between the
sidewalk and the future curb and gutter; and
d. a detailed landscape plan approved by the Parks
Department.
5. All existing water service lines and all new water service
connections to this property shall be connected to the 16-
inch water main located in East Cooper.
6. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in caliper
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or greater and any trees proposed to be saved shall be
protected during construction, including no digging or
over digging within the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter in
the future;
c. the applicant shall pay all application water and
sewer tap fees; and
d. the applicant shall file the appropriate deed
restrictions with the Housing office for the deed
restricted dwelling units on Parcel 2.
7. Any irrigation system that is installed shall be in compliance
with the Water Conservation Code.
8. As required in Section 24-7-1004 C.4.f, the applicant shall
maintain the historic runoff patterns that are found on the
site and shall correct any runoff or erosion problems that
currently exist on the site.
9. The applicant shall agree to join any fu'ture improvements
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
10. At the completion of each phase of the work, the applicant
shall submit a statement by a registered professional land
surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised Statutes.
11. Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
accuracy of all utilities, including their size and
identification, together with any other features encountered
during excavation within the rights-of-way. The as-built
shall be signed and stamped by a registered professional
engineer. The as-built shall also be provided to the City on
a disk in a dxf file compatible with the City GIS ArcInfo
software system.
12. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
13. All work in the alley and public right-of-way shall require
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a permit from the Streets Department.
14. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
15. The subdivision of 939 East Cooper is contingent upon the
applicant successfully receiving historic landmark designation
for the entire property, both Parcels 1.& 2.
16. All light and access/egress wells shall be kept free of snow
accumulation.
17. The applicant shall continue to restudy Unit E to create more
space between Units A & D of the Langley subdivision and the
Villager apartment building to the east.
Section 4:
That it does hereby grant a rezoning for Parcel 2 of 939 East
Cooper Avenue, Lot A, Block 37 and 75' X 100' of Cleveland Street,
East Aspen Addition to the City of Aspen, Aspen Colorado from
residential multi-family (R/MF) to affordable housing (AH) with the
following condition:
1. The rezoning of Parcel 2 of 939 East Cooper is contingent upon
the applicant successfully receiving historic landmark designation
for the entire property, both Parcels 1 & 2,
Section 5:
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 4 above and such amendments shall be
promptly entered on the official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 6:
Pursuant to Section 24-8-104 of the Municipal Code, the City
Council does hereby grant a GMQS Exemption for Parcel 2 for the
development of 2 affordable dwelling units, one Resident Occupied
and one Category 3. The applicant shall file the appropriate deed
restrictions for the deed restricted units. City Council also
grants a GMQS Exemption for one free market unit for Parcel 2.
Section 7:
All material representations and commitments made by the developer
pursuant to the approvals as herein awarded, whether in public
hearing or documentation presented before the Planning and Zoning
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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 8:
Pursuant to Section 24-6-207 of the Municipal Code, the City
Council does hereby grant the applicant vested rights for the East
Cooper Court development 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
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 affect 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 10:
If any section, subsection, sentence, clause, phrase, or portion
B.-'7'77 F'-l13 0311£4.19~ '¥" ":"~' :
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 11:
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:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 12:
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~7~o
1995 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 pr~ovided by law,
~.~y, the City Council of the City of ~pen on the =~2/ day of
~ 1995.
J°,n H.yor
Kathryn ~Kooh, Clt¥ Clerk
adopted, passed and approved this ~ day of
L¥~ 1995.
Kathryn ~/Koeh; City Cler-~