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HomeMy WebLinkAboutordinance.council.029-95~8~,~o B-788 P-43 07/24/95 0~34P PG 1 OF 4 REC DOC NI ~L. VIA DAVIS PlTKIN COUNTY CLERK & RECORDER 21~00 ORDINANCE NO. 29 (Series of 1995} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADiO, APPROVING THE HOUSING MITIGATION PROPOSAL AND VESTED RIGHTSi FOR A PERIOD OF THREE YEARS FOR THE 1994 LODGE GROWTH MANAGEMENT ALLOTMENT FOR THE L'AUEERGE LODGE, 435 W. MAIN STREET, LOTS A-i, BLOCK 38, TOWNSITE OF ASPEN WHEREAS~ the Growth Management Commission reviewed the L'Auberge in conjunction with growth management scoring; and WHEREAS, the city's Planning and Zoning Commission also reviewed a proposed text amendment and contitional use review for the proposal; and WHEREAS, on June 12, 1995 the city Council of the city!of Aspen awarded a lodge development allotment of eleven units from the 1994 quota and one unit form the 1995 quota pursuant !to Resolution No. (Series 1995) under the growth management quota system as set forth in Article 8 of Chapter 24 of the MuniciPal Code; and WHEREAS, the expansion of the lodge requires the mitigation of .4 employees; and WHEREAS, the applicants originally requested that the City Council approve an affordable housing mitigation package in which it would pay cash-in-lieu for approximately 100% of the employees generated and a deed restriction on the manager's unit that would be enforced if the unit is ever sold or rented to a non-manager of the lodge; and WHEREAS, the Aspen/Pitkin County Housing office reviewed the proposed mitigation package on April 10, 1994 and forwarded the .~8~e.~ B-788 P-44 07/24/95 03:34P PG 2 OF 4 Housing Board's preference to first provide on-site housing, secondly provide off-site housing, and lastly provide cash-in-lieu for affordable housing mitigation; and W~EREAS, based on typical incomes of general lodge employees, the Housing office also recommends that any on-site housing be deed restricted as a Category 2 unit; and WHEREAS, the Growth Management Commission was split as to whether the applicant should provide on-site housing or cash-in- lieu and acknowledges that Council is required to accept the method of mitigation; and W~EREAS, the City Council has determined the L'Auberge Lodge should mitigate required employee housing by the conversion of an existing cabin on-site to a category 2 deed restricted dwelling unit; and W~EREAS, a request for Vested Rights for the development was submitted to the Planning office within the growth management application; 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 24-8-111 of the Aspen Municipal Code, city Council does hereby accept the employee housing mitigation plan for .4 employees as required by the 2 383635 B-788 P-45 07/24/95 0~~'-'~G' PG ~ OF' 4 L'Auberge Lodge project to be as follows: 1) The applicant shall deed restrict an existing cabin on the parcel to category 2 price and income guidelines. 2) The applicant shall record a deed restriction that has been reviewed and approved by the Housing office. 3) The Housing Office shall inspect the deed restricted unit and the applicant shall upgrade the unit, if necessary, to Housing Office specifications. 4) The above housing mitigation conditions shall be accomplished prior to the issuance of any building permits for the projeCt. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 435 W. Main Street, L'Auberge Lodge, site specific development plan as follows: 1. The rights granted by the site specific development plan approved by Resolution No. , Series of 1995, shall remain vested until June 12, 1998. 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 Ordinanceior Resolution No. , Series of 1995, shall exempt the site specific development plan from subsequent reviews andlor approvals required by this Ordinance, Resolution No. Series of 1995, or the general rules, regulations!or ordinances of the City provided that such reviewsior 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 ana 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, 3 383635 B-788 P-46 07/24/95 03~34P PG 4 OF 4 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 Hall, 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, lby the City Council of the City of Aspen on the~day of~ , John ~ennett,. Mayor city Clerk adopted, passed and approved this /3 day of 1995. John tt, Mayor ty Clerk