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P-765 12/20/95 09'49A PG
PITI~IN COUNTY .cL_ERI~ &
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HE'-CQRDER
REC
51.0121
DOC
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ORDINANCE NO. 35
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION, MAP
AMENDMENT, AND VESTED RIGHTS STATUS FOR THE CREATION OF SEVEN
SUBDIVIDED PARCELS AND THE REZONING OF THE SEVENTH PARCEL FROM
RESIDENTIAL/MULTI-FAMILY (A) TO AFFORDABLE HOUSING, LOCATED AT 0202
LONE PINE ROAD, ASPEN, COLORADO.
WHEREAS, the applicants, Peter and Monica Mocklin, have
submitted an application to subdivide their property, 0202 Lone
pine Road, and to rezone the seventh parcel from Residential Multi-
Family (R/MFA) to Affordable Housing (AR); and
WHEREAS, the applicants, also request vested property rights;
and
WHEREAS, the applicants, also request special review for the
establishment of open-space, parking, and amended floor area ration
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 June 6, 1995; and
WHEREAS, upon review and consideration of the special review
standards for parking and open space, and the necessity to
establish the floor area ratio standard of the AH zone district
with the existing parcel and development on the parcel as contained
in Chapter 24 of the Municipal Code, to wit, Division 4 of Article
7 (Special Review); and
WHEREAS, the Commission approved the special reviews for
parcel 7 of the Mocklin Subdivision establishing 15 on-site parking
spaces, approximately 60% of the site as open space as defined: in
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the Municipal Code and an allowable floor area ratio of .40:1; and
WHEREAS, upon review and consideration of the application for
rezoning, subdivision, 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 (Amendments to the Official Map) the Planning and
zoning commission has recommended approval of the Mocklin
Subdivision application subject to amended conditions, to the city
council; and
WHEREAS, the Aspen City Council has reviewed and considered
the subdivision and rezoning 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
WHEREAS, the City Council finds that the subdivision and
rezoning meets or exceeds all applicable development standards and
that the approval of the subdivision and rezoning with conditions,
is consistent with the goals and elements of the Aspen Area
Community Plan; and
WHEREAS, 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 0202 Lone
pine Road, to the city of Aspen, Colorado.
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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 I 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.
3. The subdivision is well-planned and complies with the standards
for the design of a subdivision.
section 3,
Pursuant to the findings set forth in section 2 above, the city
council does hereby grant subdivision approval for the Mocklin
Subdivision subject to the following conditions:
1.
Any costs for new public services that must be installed or
upgraded shall be borne by the applicant including a sidewalk,
curb and gutter if required. Existing overhead utilities
entering the site shall be undergrounded.
2.
Prior to the issuance of any building permits, the applicant
shall submit a subdivision plat and site plan and Subdivision
Improvement Agreement in accordance with section 24-7-1004.C
and D of the municipal code for review by the Engineering and
Planning 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.
The final plat shall also be submitted on a 3.5" diskette in
DXF format compatible with the City/County GIS ArcInfo system.
The base data for the parcel prior to subdivision shall be
obtained from the city/County data processing department to
ensure that the subdivision DXF file fits the GIS system.
3. The Subdivision agreement shall include the following:
a. letters from all utilities that they have inspected
and approved the final development plan;
b. restrictions against
fireplaces and woodstoves;
installation of
future
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c. language restricting parking from the private drive
and emergency access drive on Lot 3;
d. language limiting signage to Dead End street or Not
a Through street, signs that state private drive, private
property shall not be permitted;
e. financial assurances that are approved by appropriqte
City and utility staff prior to recordation of agreement;
f. recorded deed restrictions, subj ect to the
regulations in effect at the time the deed restrictions
are recorded, for the seven affordable housing. units
shall be effective when a building permit is issued or
within 7 years of final approval of the subdivision by
Council whichever is earlier, with the proviso that the
deed restrictions may be released if circumstances change
such as the subdivision plat and approval is made
invalid;
g. a tracking mechanism to ensure that recordation of
the employee housing deed restrictions occurs prior to
the issuance of any building permits for individual free
market homes;
h. a list of the following categories that apply to the
deed restricted units:
unit 2 - 1,470 sq. ft. - category 3
unit 3 - 630 sq. ft. - category 2
Unit 4 - 690 sq. ft. - category 1
unit 5 - 760 sq. ft. - category 1
unit 6 - 760 sq. ft. - category 1
unit 7 - 470 sq. ft. - category 1
Unit 8 - 370 sq. ft. - category 1
i. language stating that a deed restriction shall. be
recorded for units 2 and 5 prior to the issuance of the
first building permit for the free market parcels,
followed by the remaining units according to size until
the last and smallest dwelling unit has been fully deed
restricted;
j. a floor plan of the existing
units 1-8 consistent with the
representations;
units indicating the
square footage and
k. no tracking of mud during construction shall. be
permitted on city streets during construction;
1. language stating that the subdivider hereby
acknowledges the sidewalk snow removal requirements of
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Article VIII in Chapter 19 of the city Code and covenants
that, upon activation of the subdivision homeowners
association, the association will immediately assume
responsibility for snow removal for the Gibson Avenue
sidewalk adjacent to the homeowners' properties and the
future sidewalk on Lone pine Road. This language shall
also be included in the subdivision covenants;
m. language stating that prior to the issuance of any
building permits driveway/access site plans for each
parcel shall be submitted for review to the Parks
Department and Planning staff to ensure minimum
disturbance outside of the building envelope for
necessary access drives;
n. a construction schedule that outlines completion dates
for public improvements, general infrastructure, grading
plans, planting schedule etc.; and
o. security for public improvements and landscaping shall
be provided to insure performance of construction of
public improvements and proposed landscaping.
4. The final Subdivision plat and plan shall include the
following:
a.
all transformer and utility easements;
b.
identification of new street lights;
c. future sidewalk, curb, and gutter. The sidewalk must
meet ADA access requirements (no steps), including the
transition to the street;
d. a detailed landscape plan approved by the Parks
Department;
e. revised building envelopes on Lots 1, 2, & 3 as
submitted for Council's review August 28, 1995 and the
revisions to the driveway/access (primarily in order to
preserve to the maximum extent possible, the small aspen
grove on the northeast corner of Lot 6) and Lot 3 as
submitted for Council's review September 11, 1995.
f. a note prohibiting parking in the emergency access
drive on Lot 3;
g. notes preventing future development, including without
limitation landscaping (other than native vegetation),
fencing, patios, decks, hot tubs, and all other
development outside of the building envelopes to protect
the natural landscape; and
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h. a grading plan and profile for the entrance to the
subdivision and entire private drive.
5.
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
or greater and any trees proposed to be saved shall be
protected during construction, including no digging in
the drip line;
b. the applicant shall file, with the Environmental
Health Department, a fugitive dust control plan and
construction and soil moving plan that adheres to the
Institutional Controls established for the Smuggler
Superfund site and administered by the Environmental
Health Department;
c. a deed restriction for an employee dwelling unit
shall be filed with the Housing Office. The deed
restriction shall adhere to the Housing standards and
guidelines in effect at the time of recordation;
d. a storm drainage plan and landscape plan shall be
reviewed and approved by appropriate city Departments;
and
e. building envelopes shall be staked to ensure
compliance with restrictions of said building envelope.
6.
Prior to recording the final plat:
a. the applicant shall enter into an agreement with the
Engineering Department to construct sidewalk, curb and
gutter in the future; and
b. the applicant shall
easement is necessary
subdivision and location
the final plat.
determine if a RFTA bus stop
adjacent to Lot 6 of the
and size shall be indicated on
7.
Any irrigation system that is installed shall be incompliance
with the Water Conservation Code.
8.
The applicant shall maintain the historic runoff patterns that
are found on the site.
9.
The applicant shall agree to join any future improvements
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
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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 reproduciqle
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-builts
shall be signed and stamped by a registered professional
engineer. The as-builts shall also be provided to the city
on a 3.5" diskette in DFX format compatible with the city GIS
ArcInfo system. The base data for the parcel shall be obtained
from the City/County data processing department to ensure that
the subdivision DXF file fits the GIS system. The as-builts
shall include the building footprints and site improvements.
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 and driveways will
be low to the ground (approximately 3' in height) and
shielded.
13. All work in the public right-of-way shall require 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. Creation of the six free market parcels shall be conditioned
upon the deed restriction of seven of the existing dwelling
to category 1 and 2 in compliance with the Affordable Housing
Guidelines in effect at the time of recordation of the deed
restrictions.
16. 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
condi tions of approval, unless otherwise amended by other
conditions.
section 4:
That it does hereby grant a rezoning for Parcel 7 of the Mocklin
Subdivision Aspen, Colorado from residential mUlti-family (R/MFA)
to affordable housing (AH) with the following condition:
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1. The existing floor area ratio, density and free
market/affordable housing mix shall remain the same unless
amended by a substantial amendment to the Mocklin subdivision
approval.
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 ibe
promptly entered on the Official Map in accordance with section
24-5-103B of the Municipal Code.
section 6:
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
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:
Pursuant to section 24-6-207
Council does hereby grant the
Mocklin Subdivision as follows:
of the Municipal Code,
applicant vested rights
the city
for the
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
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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 mechaniqal
codes, unless an exemption therefrom is granted in writing.
Section 8:
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 9:
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 10:
The City Clerk shall cause notice of this Ordinance to be published
ln 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 11:
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 12: ~
A public hearing on the Ordinance shall be held on the~of
1995 at 5:00 in the city Council Chambers, Aspen city Hall, As n
Colorado, fifteen (15) days prior to which hearing a public not~ e
of the same shall be published in a newspaper of general
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adopted, passed and approved this / /c:f.(, day of
1995.
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John Ben ett, Mayor
. P FIN~LLY~
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