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HomeMy WebLinkAboutordinance.council.041-92LODGE LOCATED AT 1301 E. COOPER AVENUE (A 1.23 ACRE PARCEL IN THE RIVERSIDE ADDITION) WHEREAS, pursuant to Section 24-8-104 C.l. Co of the Aspen Municipal Code, the city Council may exempt deed restricted affordable housing units from the Growth Management Quota System (GMQS) competition; and WHEREAS, Melinda Goldrich, owner/operator of the Crestahaus Lodge ("Applicant") submitted to the Planning Office an application for GMQS Exemption for Affordable Housing to construct a deed restricted tri-plex on the lodge property; and WHEREAS, the Crestahaus Lodge property is zoned LP Lodge Preservation and affordable housing for lodge employees is! a permitted use in the zone district; and WHEREAS, the application was reviewed by the Engineering Department and the Aspen/Pitkin-County Housing office and those agencies submitted referral comments to the Planning office; and WHEREAS, at a regular meeting held on May 19, the Aspen Planning and Zoning Commission found that the proposed deed restricted tri-plex meets the requirements of the LP zone district as well as the review criteria for GMQS Exemption, and supports the ability of a small lodge owner and the lodge employees to live and work on the lodge property; and WHEREAS, the Planning and Zoning Commission voted 5-0 to recommend approval to the city Council for the GMQS Exemption for the development of a deed restricted tri-plex at the Crestahaus Lodge with conditions; and WHEREAS, the Aspen city Council having considered and agreed with the Planning and Zoning Commission's recommendation, does wish to grant GMQS Exemption for Affordable Housing for development iof a deed restricted tri-plex at the Crestahaus Lodge° NOWt THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO= Section 1: That it does hereby grant GMQS Exemption for Affordable Housing for the development of a deed restricted tri-plex at the Crestahaus Lodge pursuant to Section 24-8-104.C.l.c. of the Aspen Municipal Code. Section 2. The conditions of approval which apply to this GMQS Exemption are: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing office for approval. Unit A shall be deed restricted to Resident Occupancy. Unit B shallibe restricted to Category 3. Unit C shall be restricted to Category 2. Ail other restrictions required by the Housing Office regarding lease requirements and vacancy periods shall apply to all three units. Upon approval by the Housing office, the Owner shall record the deed restrictions with the Pitkin County Clerk and Recorder's office. 2 2. Prior to issuance of any building permits for the property, copies of the recorded deed restrictions for the three dwelling units must be forwarded to the Planning office. 3. On January 1 of each year, the lodge owner must submit iin writing to the Planning office and/or Housing designee verification of occupancy of each of the deed restricted units on the property. 4. Prior to the issuance of any building permit, a site drainage plan for the triplex showing that the storm drainage system can be adequately incorporated into the existing system must be submitted to and approved by the city Engineering Department. The drainage plan must be prepared by an engineer registered in the State of Colorado. 4. 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 considered conditions of approval, unless otherwise amended by other conditions. Section 3: A public hearing on the Ordinance shall be held on the ~ day of~ , 1992 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. Section 4: If any section, subsection, sentence, clause, phrase or 3 portion of this ordinance is for any reason held invalid unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: 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 under such prior ordinances° INTRODUCED, READ kND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~ day of ~/.~.~ ~ 1992 o John ~ennett, Mayor AT EST: ~ Kathr]~n ~. ' Koch, City Clerk Y, adopted, passed and approved this =~ day of ~ 1992 . John ett, Mayor Kathryn ~ Koch, City Clerk 4