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447320 00/25/2000 11:24A ORDINANC DAVIS SILVI
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ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
GRANT OF NEGATIVE EASEMENT ON PITKIN COUNTY LAND LOCATED
BETWEEN THE PITKIN COUNTY LIBRARY AND THE DRACO
AFFORDABLE HOUSING PROJECT
ORDINANCE #03-3- -2000
Thie Ordinance grants a negative easement on certain Pitkin County land located between
the Pitkin County Library and the DRACO affordable housing project.
RECITALS
The Board of County Commissioners of Pitkin County, Colorado makes the
following findings to support its grant of a negative easement on Pitkin County land
located between the Pitkin County Library and the DRACO affordable housing project:
1. The DRACO affordable housing project has requested a negative
easement from Pitkin County which would prohibit development on land owned by
Pitkin County between the Pitkin County Library and the DRACO affordable housing
project. The negative easement is necessary under the Uniform Building Code to allow
the placement of southerly facing windows in the DRACO affordable housing units.
2. The DRACO affordable housing project is infill affordable housing which
is a goal of the 2000 Update to the Aspen Area Community Plan.
3. The granting of a negative easement will substantially further the public,
health, safety and welfare of the citizenry of Pitkin County in providing a quality
opportunity for affordable housing within the City of Aspen.
4. The terms, provisions and location of the negative easement are contained
in Exhibit 1 and incorporated hereto.
NOW THEREFORE,be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that it hereby grants a negative easement as set forth in Exhibit
1 hereto.
Ordinance# M'3' -2000
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
the 17'day of June, 2000.
INTRODUCED AND FIRST READ AT A PUBLIC MEETING on the 14'
day of June,2000.
APPROVED AFTER SECOND READING AND PUBLIC HEARING on the
28" day of June, 2000,
EFFECTIVE 30 days after Publication.
PUBLISHED AFTER THE ADOPTION IN THE ASPEN TIMES on the 19u'
day of August, 2000.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
Wdee Dean, Shelhe Roy Harps ,
Deputy Clerk and Recorder Chair
Date: ��i?` a a
APPROVED AS TO FORM: APPROVED AS TO
AttorneyI IIIIII IIIII lilill IIICIIIO INllTilE INiTli:
°�Mazantt
Asseest County
l IIIII III IIIII IIII Ilil
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NEGATIVE EASEMENT
RESTRICTING BUII,DING IIMIPROVEMENTS
AjCegativO�a (Etnicting sement R Building Improvements("Negative Easement")is made and entered
into thisyo ,2000,by and between THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COL DO,as the governing body of P
rule Colorado County("BOCC"),and DRACO, itkin County,Colorado("Pitkin County"),a home
INC.,a Colorado Corporation("Draco").
VV TNESSETH
WHEREAS,Pitkin County is the owner of certain real property situated within the City of Aspen,County
Of Pitkin,State of Colorado,further described in Exhibit"A" incorporated herein and made a part hereof(the
"County Property");and
WHEREAS,Grantee is the owner of certain real property abutting the County Property,also located
within the City of Aspen,County of Pitkin, State of Colorado,as further described in Exhibit"B"incorporated
herein and made a part hereof(the"Draco Property");and
WHEREAS,Draco intends to construct an affordable housing project(the"Project")on a portion of the
Draco Property which shall be deed restricted as to occupancy and rental rates per the Aspen/Pitkin Housing
Guidelines and the City of Aspen,Colorado's land use approval of the Project;and
WHEREAS,the land use authority of the City of Aspen has granted final approval of the Project,as
further described in Exhibit"C"incorporated herein and made a part hereof;and
WHEREAS,in order for the Project to comply with the 1997 Uniform Building Code,as adopted by the
City,requirements for natural light and ventilation,and property line protection provisions,it is necessary that the
BOCC agree not to construct any building improvements on the County property which would cause the Project to
no longer comply with the UBC;in the area further described in Exhibit"D"incorporated herein and made part
hereof; and
WHEREAS, the County is willing to agree to the required Negative Easement for the area described in
Exhibit"D"given the deed restrictions on the Draco Property limiting occupancy of the units to qualifying Pitkin
County employees and the rental rates of the units. The County's willingness to agree to the Negative Easement is
based expressly on the specific approval granted by the City as contained in Exhibit C hereto,including the total
floor area and height allowed on the Draco Property through the approval.
NOW,THEREFORE,in consideration of the sum of 310.00 and other good and valuable consideration in
hand paid by Draco to the BOCC,the receipt and sufficiency of which is hereby acknowledged,it is hereby agreed
as follows:
1. The BOCC hereby agrees with Draco, and its successors,grantees and assigns in and to the Project,not to
construct any building improvements on the County Property which would cause the Project to not comply with the
UBC,unless the Negative Easement is rendered null and void as set forth in paragraphs 2 and 3 herein. The
restriction upon the County Property shall be a burden on the County Property running to the benefit of the Draco
Property,
2. If the deed restriction on the Draco Property limiting the occupancy of the affordable housing units and the
rental rates of those units is ever contested by a property owner of any portion of the Draco Property or otherwise
invalidated,this Negative Easement shall immediately become null and void.
3. If the development allowed on the Draco Property as set forth in Exhibit C hereto is subsequently increased
in floor area and/or height,this Negative Easement shall become null and void.
4. Except as limited by Paragraph 1 hereof,any other use desired by the BOCC may be made of the County
Ordinance;2000,Exhibit 1,Negative Easement for DRACO Affordable Housing Project Pag e I
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5. If any provision of this Negative Easement shall be determined by a court of law to be invalid,such
provision shall be severable from the remainder of the Negative Easement which shall remain in full force and
effect.
IN WITNESS WHEREOF,the parties hereto have executed this agreement on the day and year above
first written.
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO
By: s,-
Shellie Roy Harper, air
ATTEST:
yndee R.Dean
Deputy Clerk
DRACO,IN Col do corpora' n
A
By:
D.Stone Davis, ident
STATE OF COLORADO
ss.
COUNTY OF PITKIN
Thae1hregoinoinstrum94 was acknowledged before me on the dap of of , 2000, by
of The Board of County Commissioners of Pi County, Colorado
and Lyn lee a eputy Coua Clerk thereof.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
[Seal]
Notary Publicad
h:
rr
Or�ivanYx a-2000,Exhibit 1,Negative Easement for DRACO Affordable Housing Project Page Z
I I
I I I I i c
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STATE OF COLORADO
SS.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me on the �1 day of 2000, by
D. Stone Davis, as President of Draco, Inc. Oil"
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: ,t'+R� P�iB�
Notary Public '
OF C0�'
Ordinance;2000,Exhibit 1,Negative Easement for DRACO Affordable Housing Project Page 3
. s
I I i pl L Idl d il:a I.
383117 B-786 P-215 07/07/93 03:30P pG 1 OF 2 REC DOC Ni
SILVLA DAVIS PITKIN COUNTY CLERK & RECORDER 0. 00
QUIT CLAIM DEED A to Easement
THIS DEED, made this 28th day of June, 1995, between The
City of Aspen, Colorado, a home rule municipal corporation, whose
legal address is 130 South Galena Street, Aspen, Colorado 81611,
Grantor and the Board of County Commissioners of Pitkin County,
Colorado, a body corporate and politic, whose legal address is
530 East Main Street, Third Floor, Aspen, Colorado 81611, County
of Pitkin, Grantee.
WITNSSBBTH, That the Grantor, for and in consideration of
Ten Dollars and N0/100 ($10.00) has remised, released, sold,
conveyed and QUIT CLAIMED, and by these presents does remise,
release, sell, convey and QUIT CLAIM unto the Grantee, its heirs
72� and assignees forever, all the right, title, interest, claim and
demand which the Grantor has in and to the following described
real estate situate, lying and being in the County of Pitkin and
State of Colorado, to wit:
v
0 Lot 3 of the Rio Grande Subdivision. A part of the South-
west one-quarter of Section 7, Township 10 South, Range 84
West of the Sixth Principal Meridian, City of Aspen, Colo-
rado according the Plat thereof recorded in Plat Book 32 at
Page 83 in the Pitkin County Clerk and Recorder's office,
reserving however, that certain 20-foot ingress and egress
easement as shown on the Rio Grande Subdivision Plat for Lot
3 recorded in Plat Book 32 at Page 84 .
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title,
interest, and claim whatsoever, of the Grantor, either in law,
equity, to the only proper use, benefit and behalf of the Grant-
ee, its heirs and assigns forever.
IN AITNESSETH WHEREOF, The said parties have executed this
and on the date set forth above.
Johii S. Bennett, Mayor
City of Aspen
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383117 8-786 P-216 07. j7/95 03:30P PS 2 OF 2
STATE OF COLORADO }
} as.
County of Pitkin )
-Fhe foregoiA3 instrument was acknowledged before me this
L day of , 1995, by John S. Bennett
as Mayor of the ity of Aspen, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary Public
/30
Address
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2
I f ,, ,PI 1I FMiOi it i,
8 to Easement
"CAP'S AUTO(DRACO, INC.)PARCEL, AS SHOWN ON THE"CAP'S AUTO DRACO, INC.)/CITY OF ASPEN LAND
EXCHANGE PLAT RECORDED NOVEMBER 21, 1989 IN PLAT BOOK 23 AT PAGE 61 BEING MORE FULLY
DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN SECTION 7,TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M., SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MILL STREET IN THE TOWNSITE OF ASPEN,
' COUNTY OF PITKIN, STATE OF COLORADO,WHENCE THE NORTHWEST CORNER OF LOT A, BLOCK 86 OF SAID
TOWNSITE OF ASPEN BEARS S 14050'49"W A DISTANCE OF 163.68 FEET, THE TRUE POINT OF BEGINNING;
THENCE N 14°50'49" E ALONG SAID EASTERLY RIGHT-OF-WAY LINE AT MILL STREET,A DISTANCE OF 71'50
FEET;
THENCE S 73*37'45" E A DISTANCE OF 77.81 FEET;
THENCE 45.32 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS AT 50.00, A
CENTRAL ANGE OF 5105615"AND A CHORD WHICH BEARS S 49011'02" E A DISTANCE OF 43.79 FEET;
THENCE S 75'09'11"E A DISTANCE OF 13.04 FEET;
THENCE S 14"50'49"W A DISTANCE OF 50.26 FEET TO A POINT ON THE SOUTH LINE AT A PARCEL OF LAND
DESCRIBED IN BOOK 316 AT PAGE 922 OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY,
COLORADO;
THENCE N 75'09'11"W ALONG SAID SOUTH LINE A DISTANCE OF 130.19 FEET TO THE TRUE POINT OF
BEGINNING,
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN ACCESS EASEMENT GRANT
AND AGREEMENT RECORDED NOVEMBER 21, 1989 IN BOOK 608 AT PAGE 247.
lillll Bill 111111 (IIIII IIIII IIIII IIIII III IIIII (III (III
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it
• Ordinance No. 15 C to Easement
(Series of 2000) DRAFT
MONO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
GRANTING CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT
APPROVAL,SUBDIVISION APPROVAL,REZONING TO OMC'E-PLANNED
UNIT DEVELOPMENT(O-PUD),AND A GROWTH MANAGEMENT
EXEMPTION FOR THE DRACO,INCORPORATED,AFFORDABLE HOUSING
PROJECT,210 NORTH MILL STREET,CITY OF ASPEN.
Parcel M No.2735.073.18.001
`AREAS, the Community Development Department received an application
from DRACO, Inc., a Colorado Corporation, Stoney Davis, Managing Member, owner
and applicant, represented by Mitch Haas of Haas Land Planning for Rezoning,
Subdivision, Residential Design Review Appeal, Special Review for Parking, Growth
Management Exemptions, Conceptual and Final Planned Unit Development, and vested
rights, for a proposed development to contain six•(6) residential units restricted to the
affordable housing guidelines of the Aspen/Pitkin County Housing Authority to be
contained on a parcel of land ourrently developed with a commercial building known as
Community Banks and described as 210 Noah Mill Street and also described as "Cap's
Auto parcel" on the "Cap's Auto /City of Aspen Land Exchange' plat recorded in plat
book 23,page 61,Fitkin County Recorder,Parcel ID No.2735.073.l 8.001;and,
WHEREAS,.the applicant amended the application on June 12, 2000, as depicted
in attachment A of this Ordinance, to include a total of seven (7) residential units in a
revised three-story tnulding with no on-site parking and the provision of six (6) off-site
parking spaces to be conveyed by the City of Aspen at the Benedict Commons Building
in consideration of$90,000 to be paid by the applicant; and,
WHEREAS, the applicant voluntarily desires to deed restrict the seven (7)
affordable housing units to restrict the amount of rent that can be charged consistent with
the Aspen/Pitkiu County Housing Authority Housing Guidelines; and,
WHEREAS,the Colorado Supreme Court in the case entitled Town of Telluride
v. Lot Thirty-Four Venture L.L.C. (case No. 98.5C-547,decided June 5, 2000) held that
Section 39-12-301, C.R.S,, prohibits the enactment of an ordinance that imposes rent
controls; and,
WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not
intended to impair the right of a municipality to manage and control any property in
which it has an interest through a housing authority; and,
WHEREAS, the applicant desires to grant to the Aspen/Piddn County Housing
Authority an interest in the property; and,
WHEREAS, the Aspew?itkin County Housing Authority has consented to
accepting an interest in the property on conditions that it be indemnified and held
harmless from any claims, liability, fees or similar charges related to ownership of an
interest in the property; and,
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JUN.28.2000 1:13PM CITY OF PSPEN NO.787 P.2
WHEREAS,pursuant to Section 26.304.060,the Special Review for Packing and
Residential Design Review Appeal has been combined with the Planned Unit
Development review;and,
WHEREAS,pursuant to Sections 26,304, 26.310, 26.445, 26,480, and 26,710 of
the Land Use Code, land use applications requesting land use review for Rezoning for
Planned Unit Development Overlay designation, Planned Unit Development Conceptual
and Final plan adoption, Subdivision approval, and Omwth Management Quota System
Exemption may be approved, approved with conditions, or denied by the City Council at
a duly noticed public hearing after considering recommendations by the Community
Development Director, the Planning and Zoning Commission made at a duly noticed
public hearing, the Aspen/PiIdn County Housing Authority, the appropriate referral
agencies,and members of the general public; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, the Aspen/Piddn County Housing Authority, the Pitkin County
Planning Department, the Environmental Health Department, and the Community
Development Department reviewed the proposal and recommended approval with
conditions; and,
WHC1 W, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission considered the noted recommendations and comments
from the general public and recommended,by a seven to zero(7-0)vote,the City Council
approve the Rezoning for PUD Overlay designation, adoption of a Final PUD Plan and
Subdivision for an Affordable Housing addition to a commercial building to contain six
(6) permanently affordable units and an appurtenant parking garage structure, with the
conditions of approval contained herein;and,
WHEREAS, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission considered and passed,by a.seven to zero (7-0) vote,a
second motion encouraging the applicant to amend the application to provide additional
dwelling units and off site parking, as opposed to on-site parking, and that such an
amendment would not require reconsideration by the Commission; and,
WHEREAS, during a regular Meeting on April 19, 2000, the Aspen/Pitkin
County Housing Authority Board considered the application and recommended City
Council approve the GMQS exemption, with one condition of approval contained herein;
and,
WHEREAS,City Council reviewed and considered the recommendations of the
Community Development Director,the planning and Zoning Commission,the
Aspen/Pitkin County Housing Authority Board,the above mentioned referral agencies, and
members of the public during a duly noticed public hearing;and,
WHEREAS,the City Council finds that the proposed development meets or
exceeds all applicable standards and that approval of the amendment is consistent with the
goals and elements of the Aspen Area Community Plan;and,
Ordinance No. 15,Series of 2000 Page 2 I l'1I11
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JUN.?e.2000 1*-13PM CITY OF RSPEN NO.7e7 P.3
WfIEREAB, the City Council finds that this Ordinance futthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE C'f y COUNCIL OF THE CTTy
OF ASPEN,COLORADO,THAT:
Section :
Pursuant to the procedures and standards set forth in the Aspen Land Use Code,Title 26 of
the Municipal Codc, the DRACO, Incorporated Affordable Housing Project, consisting of
seven(7)permanently affordable residential units to be owned by Pitkin County employers
(with an interest owned by the AspeniTitlon County Housing Authority) and rented to
qualified Pitldn County residents, as defined by the Aspen/Pitidn County Affordable
Housing Guidelines as amended, is hereby granted Conceptual -and Final Planned Unit
Development Plan approval, Subdivision approval, an Exemption from the scoring and
competition procedures of the Aspen/Pitkin Growth Management Quota System, a Zone
District Map Amendmeat to reflect the addition of a Pk=d Unit Development Overlay,
and waiver of Land Use Review fees, park development impact fees, building pennit fees
and water tap fees, subject to the conditions of approval listed hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be,and is hereby,mended by
the Community Development Director to reflect the subject parcel,described as"Cap's
Auto parcel"on the"Cap's Auto/City of Aspen Land Exchange"plat recorded in plat
book 23,page 61, Pitkin County Recorder,Parcel ID No. 2735.073,19.001,as included in
the Office Zone District with a Planned Unit Development Overlay(O-PUD).
Section 3•
The City of Aspen hereby grants a yard and access easement to the applicant to
accommodate building code requirements related to light and ogress,subject to
affirmation on the final Subdivision plat, and an access and maintenance casement to
accommodate the proposed"bridge to parking garage,"subject to affirmation oration on the final
Subdivision plat.
Section 4:
Conditions of Approval:
1. Prior to final recordation of the Subdivision plat,the Aspen City Council and the
Pitkin County Board of County Commissioners shall grant yard and access
easements as depicted on the plat. Failure to affirm the easements shall reader the
PUD Final Plan approval null and void unless amended in a manner that does not
require the specific easement. An amendment which reduces or eliminates the need
for either of these casements shall be approved by the Community Development
Director by affirming the Final PUD Plans.
2. Within 180 days after fiscal approval by City Council and prior to applying for a
Building Permit,the applicant shall record a Subdivision Plat and Final PUD
Development Plans.The Subdivision plat shall include easements and signature
blocks for any utility mains that ate intended to serve adjacent parcels. The
Ordimuce N°. 15,sees of 2000 I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIIII Iil IIII
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JUN.28.2000 1:14PM CITY OF ASPEN NO.787 P.4
Subdivision plat shall depict and describe easements granted by Pitldn County(if
necessary)and the City of Aspen related to yard setbacks and access easements and
shall include signature blocks representing the respective property owners. The
Final PUD Plans shall include an illustrative site plan that shows landscape features
and describes the dimensional requirements of the PUD,an architectural character
plan,a utility plan,and a grading/drainage mitigation plan that includes mitigation
measures for the construction phase. A separate landscape plan is not'necessary, A
copy of the drainage report used to define the appropriate drainage mitigation shall
be provided to the City Engineering Department for review and approval (not for
recording). No clear water may be directed to the sanitary sewer.The drainage
report shall indicate the appropriate depth and maintenance interval for dcywells.
3. Within 180 days after Seal approval by City Council and prior to applying for
Building Petmit,the applicant shall record a Subdivision/PUD A.greernwt binding
this property to this development approval.The agreement shall include any
provision for using the City of Aspen parking lot(s)north of the parcel for
construction staging and contractor parking. With regard to the"bridge to parking
garage,"the agreement shall describe the ownership, construction process,
construction cost and responsibility,and ongoing responsibilities including
maintenance of the improvement. The agreement shall include a provision that
ensures adequate access for garbage service providers. The agreement shall
include a maintenance provision for any on-site drywells. The agreement shall
include an agreement to join any future improvement districts that would benefit
the property under an assessment formula. The'agreement shall describe the off.
site parking spaces to be located at Benedict Commons and shall require
conveyance of said spaces prior application for a building permit, All of these
parking spaces shall be conveyed appurtenant to the associated residential unit
and shall not be conveyed separately. The agreement shall reference the
applicant's desire to convey to the Aspen/Pitkin County Housing Authority
ownership of an undivided interest in the property and that such conveyance shall
take place on or before application for a building permit. Failure to affirm the
Aspcn/Piddu County Housing Authority interest in the property shall render the
approval null and void. The agreement shall indemnify and hold harmless the
Aspen/Pitkin County Housing Authority from any cost claims, liability,fees or
similar charges of any nature related to ownership of an interest in the property.
4. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan:
a. Minimum Lot Size. 6,000 square feet
b. Minimum Lot Area per dwelling unit_ 7 total residential units
c. Maximum allowable density. 7 residential units
d. Minimum lot width. 60 feet.
e. Minimum front yard. As shown on Final PUD Plans
f. Minimum side yard. As shown on Final PUD Plans
g. Minimum rear yard. As shown on Final RM Plans
h. Maximum site coverage. No requirement.
i. Maximum height: 25 feet for the commercial portion of building.
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30 feet for the residential portion of building.
All as measured to a flat roof.
j. Minimum distance between buildings. No requirement.
k. Minimum percent open space. No requirement.
1. Trash access area. Access to the garbage area shall be
provided to the garbage service provider.
w. Allowable Floor Area Ratio.
n. Minimum off-street parking spaces. 6 for the Residential portion to be
provided off-site in fee at the
Benedict Commons Building.
8 for the Commercial portion.
o. Commercial Square Footage. 6,250 square feet.
p. Residential Square Footage, ** square feet.
(The Allowable FAR shall prevail
upon discrepancy.)
5. Prior to applying for a building permit the applicant shall:
a. Record the final Subdivision Plat,PUD Plans, and PUD Agreement, as
described above.
b. Execute and submit a shared(sanitation)swt 4ce agreement and pay all
necessary fees to the Aspen Consolidated Sanitation District.
c. Provide an air quality mitigation plan for review and acceptance by the
Environmental Health Department..
d. Record the appropriate affordable housing deed restrictions with the Pitkin
County Clerk and Recorder.
6. The Building Permit Plans shall include/depict/demonsftte:
a. A current(within 12 months)site improvement survey.
b. A letter from the primary contractor stating the conditions of the development
order have been read and understood.
c. A fugitive dust control plan with provision for watering affected streets.
d. An encroachment license for the construction period and a permanent
encroachment agreement for any improvements on City property including,
but not limited to, a heated sidewalk system if necessary.
o. A shared service agreement for City water.
f Any physical improvements required by the Air Quality Mitigation Plan
approved by the Environmental Health Department.
g. A completed Asbestos Form,available from the City Eoviromrental Health
Department.
h. Compliance with all pertinent requirements of the Building Code,as amended.
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L Compliance with all pertinent requirements of the Fire Marshal including an
adequate Are suppression system.
j, Full payment of required S4,120 in-lieu of School Land Dedication.
7. The applicant shall inform the primary contractor about any agreement reached
regatding the City parldng lot(s)north of the Community Banks building for
construction staging and contractor parking.
g. The applicant is encouraged to monitor noise and dust levels and accommodate
neighboring land uses and residents to the extent practicable. Construction is prohibited
between 7 p.m. and 7 a.m.and all day Sundays. The applicant is encouraged to provide
recycling containers for residents,
9. The Subdivision Plat may represent a boundary between the existing commercial
building and the proposed affordable lousing for the purposes of a transfer of the
affordable housing component to a development entity and security instrument only.
This boundary line does not affect a Subdivision,pursuant to subparagraph B of the
Subdivision definition. Both the applicant(as the owner of the existing commercial
building)and the development entity for the afibrdable housing shall join in the
condominiumizarion of both components(the affordable housing and the existing
commercial building)of the Cap's Auto parcel, A Condominium Map or a formal
Subdivision must be approved by the City and recorded prior to transferal of separate
deeded interests.
10. Adoption of this Planned Unit Development Final Plan fully incorporates the Special
Review for Parldng and variances from the Residential Design Standards. The six(6)
off-site parking spaces represent compliance with the Land Use Code. The Architecture
depicted in the Final Plan,attached,represents compliance with the Land Use Code.
11. The residential units shall be deed restricted to Category 3,or lower,rental restrictions,
as defined by the Aspen/Pitkin County Housing Authority. The units may be
transferred to Pitkin County employers at unrestricted rotes and shall be rented to Pitkin
County employees at the Category 3,or lower,rental rate for periods of no less than 6
months, The unit owners(employers)shall retain the right to select tenants that qualify
for Category 3 rental,according to the Housing Guidelines in effect at the time of each
lease. Deed restrictions reflecting this condition shall be recorded prior to application
for a building permit.
12, These permanently affordable residential units are hereby exempted from the Growth
Management Quota System and the units may not be used to mitigate other growth
impacts.
13. As represented by the applicant during the Planning and Zoning Commission hearing,
the south wall of the existing commercial building will be painted or surfaced with
stucco to more closely match the exterior aesthetic of the north and west facades of the
existing building.The residential addition will incorporate brick or brick veneer.
Section 5:
Ordinance No. 15,Series of2000 I I"III 'III "IIII II�III �III� I'�" II�II III "���� III II I
Page 6 447320 09/25/2000 11:24A ORDINANC DAVIS SILVI
14 of 17 R 89.00 D 0.00 N 0.00 PITKIN COUNTY CO
JUN.28.2000 1:15PM CITY OF ASPEN NO.7B7 P.7
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein granted, whether in public hearing or
documentation presented before the Housing Authority Hoard, the Aspen Planning and
Zoni7ag Commission 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 an authorized entity,
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 under such
prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, of 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 S:
Pursuant to Section 26.304,070 of the Municipal Code,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.
Section 9:
A public hearing on the Ordinance was held on the I day of June,2000,at 5;00 in the
City Council Chambers,Aspen City Hall, Aspen,Colorado, fifteen (IS)days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED,READ AND ORDERED PUBLI191MI)as provided by law,
by the City Council of the City of Aspen out the 8"day of May,2000.
Attest:
Kathryn S.Koeb,City Clerk Rachel K Richards,Mayor
FINALLY,adopted,passed and approved this day of ,2000.
Approved as to form: Approval as to content:
Ordinance No, 15, Series of 2000 l I�tlll lllll l�lll� I�illl Illll I'I��I`I'I 111 "I,�� Ill 11I
Page 7 447320 M/25/2000 11:24A ORDINRNC DRVIS SILVI
15 of 17 R 55.00 D 0.00 N 9.00 PITKIN COUNTY CO
I I .Ili a iIY i6 n h
JUN.28.2000 1.15PM CITY OF ASPEN NO.787 P.8
DRAFT
City Attorney Rachel L Richards,Mayor
Attest:
Kathryn S.Koeh,City Clerk
C:lbomelC HMS91CASESIDRAC010rdinsnce.doc
Attachment A—Approved modifications to proposal,
Ordinance No. 15,Series of 2000
Poge8 447320 09/25/2000 11-24A ORDINANC DAVIS SILVII
16 of 17 R $3.00 0 0.00 N 0.00 PITKIN COUNTY CO
I. I- .lu II -16AI&d- I
FROM-: ALPINE SURUEYS INC PHONE NO. : 9709252688 JUL. 11 2000 02:05PM P2
Juiy 3 , zuuu
tir+ v
Alpine Surveys, Inc.
J k Post Office, Box 1730 D to Easement
�0' Asperf, Colorado 81612
ENWM 970 925 2688
i F [ 5 FOOT EASEMENT TO BE GRANTED BY PITKIN COUNTY ]
= �
� EASEMENT DESCRIPTION (supersedes description of 5. 04.. 00)
�$z AN EASEMENT LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH,
�5 m RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE
a m PARTICULARLY DESCRIBED AS FOLLOWS:
m
r.
BEGINNING AT THE SOUTHEAST CORNER OF THE CAP' S AUTO
(DRACO, INC. ) PARCEL,. AS SHOWN ON "CAP'S AUTO" (DRACO,
�r 8 INC. ) /CITY OF ASPEN LAND EXCHANGE SUBDIVISION PLAT
RECORDED NOVEMBER 21 , 1989 IN PLAT BOOK 23 AT PAGE
61;
THENCE SOUTH 7500911111 EAST 5. 00 FEET;
o THENCE SOUTH 14°50 '>49 WEST 5.00 FEET;
r THENCE NORTH 75°09 ' 11" WEST 61.53 FEET;
THENCE NORTH 14150149/1 EAST 5.00 FEET;
THENCE SOUTH 75009' 11" EAST 56. 53 FEET TO THE POINT
OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
MAP OF EASEMENT
C_
w
a�
E-+
`n Draco, Inc. Property City of Aspen
Parking Garage
a
a
Ramp to Parking Garage
x
E
O
z, Pitki.n County Library
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