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HomeMy WebLinkAboutordinance.council.018-92 ~-.-..' i'\- y\W) \, ,,' "'.~.II... .,~' & \'~ '<: -' .I.l) \ ./ ---- };V~ I~qs 6""- ORDINANCE NO.18 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZ~lNG FROM (RR) RURAL RESIDENTIAL TO (AH) AFFORDABLE HOUSING, SUBDIVISION, FINAL PUD, GROWTH MANAGEMENT EXEMPTION FOR IFREE MARKET HOUSING IN AN (AH) AFFORDABLE HOUSING ZONE DISTRICT AND FOR DEED RESTRICTED HOUSING,CONDOMINIUMIZATION, VESTED RIGHTS, AND WAIVER OF THE WATERMAIN EXTENSION MORATORIUM FOR THE UTE PARK SUBDIVISION, A FOUR LOT SUBDIVISION ON A 3.8 ACRE METES AND BOUNDS PARCEL SITUATED IN THE NW 1/4 SE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. WHEREAS, in September 1989, the (AH) Affordable Housing zone district was created to promote private sector development of deed restricted affordable housing by allowing limited free market residential development within a project; and WHEREAS, in April 1990 the ute Park partnership (Applicant) submitted an application for rezoning of a 3.8 acre parcel on the east end of ute Avenue from (RR) Rural Residential to (AH) Affordable Housing in conjunction with an application for Conceptual PUD review; and WHEREAS, the planning and Zoning Commission recommended approval of a Conceptual PUD Plan with conditions on July 3, 1990; and WHEREAS, the City Council reviewed the conceptual PUD Plan and the Planning and zoning commission I s recommendations, discussed rezoning of the parcel to (AH) Affordable Housing as a threshold issue, and approved the conceptual Plan with conditions on August 13, 1990; and WHEREAS, in December 1991, the Applicant submitted an application for Rezoning, Subdivision, Final PUD Plan, Growth Management Exemption for free market development in an AH zone and 1 ~~ ~/ ~.'.'.'~'\ ~ ~..I'J ~~ ~ -...- for affordable housing, Condominiumization, Vested Rights, Special Reviews for Open Space and Parking in an AH zone, 8040 Greenline Review, waiver of Park Development Impact Fees, and waiver of the I waterline Extension Moratorium for the development of.'seven deed restricted affordable townhome units and three free market lots for single family residences; and WHEREAS, the applicant also requested an extension to the one- year filing deadline for submission of a Final PUD Plan; and WHEREAS, on January 13, 1992, upon staff's recommendation, the City Council granted a 160 day filing extension effective retroactively from August 1991; and WHEREAS, the Aspen City Council having reviewed the development proposal for the ute Park Subdivision and the recommendations from the Planning and Zoning commission and Planning staff, approved Rezoning from (RR) Rural Residential to (AH) Affordable Housing, Subdivision, Final PUD Plan, Growth Management Exemption for free market residential development and affordable housing, Condominiumization, Vested rights, and waiver of the waterline extension moratorium. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: ~ That it hereby grants the following approvals for the ute Park Subdivision pursuant to the applicable sections in the Aspen Municipal Code: Rezoning from RR (Rural Residential) to AH (Affordable Housing) (Chapter 24, section 7, Division 11); 2 .J '."...'.. .~ ~.,) a.) It.) Subdivision (Chapter 24, section 7-1004); Final PUD Plan (Chapter 24, section 7, Division 903); Growth Management Exemption for Free Market Development in an AH Zone District, and Affordable Housing (Chapter 24, section 8-104.C.); and Subdivision Exemption for Condominiumization (Chapter 24, section 7-1007). Section 2: The following conditions shall apply to the approvals: 1. The Applicant shall include within the Subdivision Agreement financial assurances for the construction of the affordable housing component of the project. This shall consist. of placement of First Deeds of Trust of $10.00 value on Lots 1,2 and 3 in the name of the City of Aspen. Upon the sale of the first free market lot, the deed to Lot 4 will be placed in escrow for the City of Aspen. In addition, a letter of credit payable to the city of Aspen shall be provided by the Applicant which covers the construction costs of the townhomes. upon delivery of the letter of credit and placement of the Lot 4 deed in escrow, the city shall release the remaining First Deeds of Trust. If construction of the townhomes by the Applicant has not begun within two years of recordation of the Final Plat, the city shall take possession of Lot 4, the architectural plans of the townhomes shall be tu~?ed over to the city, and the City shall redeem the letter of credit in order to construct the townhomes within one year. 2. The applicant shall include within the Subdivision Agreement specific provisions for the mitigation of avalanche dangers 3 lia.,.. \) \- .'..'.'.It.. ....0 ,( '1\ ".,< . <.) for the seven deed restricted townhome units. Protection of the townhouses (by retaining wall or residential structure) must extend the entire length of the "conditional zone" on Lot 1 unless the unprotected townhouses are designed to standards established by Art Mears or similar avalanche expert. Avalanches shall not be deflected onto neighboring properties. 3. The home on Lot 1 shall be constructed prior to or simultaneously with construction of the seven townhouses. If built simultan-eously, the structural framing of the Lot 1 house and any necessary retaining walls must be complete and approved by the Building Department prior to issuance of certificates of Occupancy for the townhouses. 4. In the event that the Final Plat and Subdivision agreement have not been filed prior to issuance of any Building Permits for the ute Park lots, the financial assurance and avalanche protection documents must be approved by the City Attorney and recorded with the Pitkin County Clerk and Recorder prior to issuance of any building permits on ute Park parcels. 5. The applicant will continue to coordinate roadway design, drainage, snow storage, etc. with City staff. Any improvement work must be done in accordance with city specifications. Alternative on-site parking locations for the townhomes shall ,~ be noted on the PUD Plan and Final Plat. 6. Prior to the issuance of any building permits for the townhomes, the applicant shall satisfy the city Engineer regarding storm drainage calculations. storm drainage 4 '."-. \ \~, 1 ".- / (It) ..'.'....111... -~' i; <;. , calculations must be provided for the free market homes at the time of individual building permit application. 7. The applicant shall indicate the entire avalanche zones on .the Final PUD Plan. 8. Avalanche warning signs shall be indicated on the plat along the property boundaries along ute Ave. and along the nordic trail. 9. Any hazardous or toxic soils must be stabilized and revegetated or removed to a site acceptable to the city. 10. Prior to constructions, a fugitive dust control plan must be obtained from the Colorado Pollution Control Division and this office. 11. If the water line in the proposed utility corridor is dedicated to the City of Aspen a water main easement must be executed between the Applicant and the city prior to issuance of any excavation or building permits. 12. The Final Plat and PUD Plan shall indicate that the homes on Lots 1 and 2 must be sprinklered for fire protection. The Applicant shall satisfy the Fire Marshal regarding emergency access prior to filing the Final Plat. 13. The subdivision Final Plat shall indicate the conceptual trail al~gnment. The county Open Space and Trails Program (COSTP) may act as assignee of the City of Aspen for the construction and maintenance of the trail. upon completion of this trail, the COSTP will be responsible for surveying and filing the as- built trail easement. Plat note #7 shall be amended to: 5 ,f.,.." ') h: ';" '\,~ ".'It'. '~ ''" \\ ''\~ -- !..f.'.II" .,~ l+ II '" r I "" / remove the one year deadline for trail constructioni state that conceptual trail alignment and subsequent trail easement will run with the land and bind future heirs and assigns of the developer; the trail alignment may be amended by mutual consent of both parties (lot owners and city/COSTP). The year-round trail easement shall be 15' wide with side slopes not to exceed 6%. The Nordic Council and the applicant shall work together and verify the trail alignment as shown on the Plat and PUD Plan complies with the most workable alignment for skiing and trail connections. signage shall indicate avalanche and rockfall hazards to trail users. These signs shall be installed prior to commencement of any site work. 14. The seven townhomes shall be deed restricted as four Category 4 units and three Category 3 units in accordance with Housing Authority Guidelines. The restrictions shall be approved by the Housing Authority and filed with the Pitkin County Clerk and Recorder prior to issuance of city approval of the Final Plat. 15. All material representations made by the applicant in the application and during public meetings with the Planning and zoning Commission and city Council shall be adhered to and co~sidered conditions of approval, unless otherwise amended by other conditions. 16. The Subdivision Plat and Subdivision / PUD Agreement shall be recorded in the office of the Pitkin county Clerk and Recorder. Failure on the part of the applicant to record the 6 l'lt', ') \t "< 'la,' .'\ ~-) II' ( 0 Plat and Agreement within a period of one hundred and eighty (180) days following approval by the City council shall render the Plat and PUD Plan approval invalid and reconsideration and approval of both by the Commission and City Council will be required before their acceptance and recording, unless an extension or waiver is granted by city Council for a showing of good cause. Section 3: An exemption from the moratorium on expansions to the City'S municipal water system as imposed by Resolutions 12 and 45 (Series 1991) be and is hereby granted so as to allow the extension of the municipal water delivery system for three single family residences in the ute Park Subdivision. Section 4: Pursuant to section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the ute Park Subdivision and Final PUD Plan 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 ,i. 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. 7 ~-.. ')' <..-. /*.It... 'v Ii' {. " '11.0 .~ I~. .11 \ .'J '. '/ -_. 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 5: The Official Zone District Map for the city of Aspen shall be and is hereby amended to reflect that rezoning as set forth in section 1 above and such amendment shall be promptly entered on the Official Map in accordance with section 24-5-103 B. of the Municipal Code. 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 or amended as herein provided, and the same shall be conducted and concluded 8 r,~_... ') Yl '" ..'...'.It). ,.-~ ('j '\, . under such prior ordinances. section 7: If any section, subsection, sentence, clause, phrase, or I 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 a: 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 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 ~ounty Clerk and Recorder. section 10: A public hearing on the Ordinance shall be held on the /~ day of ~, 1992 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a 9 .(A..... -)."\ +"'J ."i..It...0" (y -". if'.......'., '1.", ...) 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, I the City Council of the city of Aspen on the 0'(3 day of by vfit.L.A-e( t/ 1992 . ~ (7~ John Bennett, Mayor Attest: ~~ dQ/ Kathryn . Koch, City Clerk FINALLY, adopted, passed and approved this ~~ day of ~ , 1992. ~ ~o( John ennett:PMaYOr Kathryn Koch, city Clerk "~ 10