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Home My WebLink Aboutordinance.council.014-11 Ordinance No. 14 (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.430 SPECIAL REVIEW AND 26.470.070.4 GROWTH MANAGEMENT QUOTA SYSTEM - AFFORDABLE HOUSING. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to the review standards for Affordable Housing Growth Management Review; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.430.030 Special Review Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for Affordable Housing, as described herein; and, WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on February 15, 2011 continued to March 1, 2011, took and considered public testimony and the recommendation of the Director and recommended, by a 5 - 1 vote, that City Council adopt the proposed amendments. WHEREAS, during a duly noticed public hearing on May 23, 201a, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development City of Aspen City Council Ordinance No. 14, Series of 2011 Page 1 of 4 proposal, 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 the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.430.030 Special Review, which section identifies the applicable sections of the Land Use Code that reference Special Review to read as follows: • Dimensional requirements (Chapter 26.710 — Zone Districts) • Replacement of nonconforming structures (Chapter 26.312) • Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B) • Off - street parking requirements (Section 26.515.040) • Reductions in the dimensions of utility /trash service areas (Section 26.575.060) • Subdivision standards (Section 26.480.050) • Accessory Dwelling Unit Design Standards (Chapter 26.520) • Wireless telecommunications facilities and/or equipment (Section 26.575.130) • Affordable housing unit standards (Section 26.470.070.4) Section 2: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.430.040 Special Review, which section defines review criteria for projects subject to special review, with the addition of Section I, to read as follows: I. Affordable housing unit standards. Whenever a Special Review is conducted to reduce the required percentage that the finished floor level of the unit's net livable area is at or above natural or finished grade, whichever is higher, a recommendation from the Housing Board shall be obtained and all of the following criteria shall be met. The criteria below address only the affordable housing units that require a variation from the standard. 1. The proposed affordable housing units are designed in a manner that is compatible with the character of the neighborhood. City of Aspen City Council Ordinance No. 14, Series of 2011 Page 2 of 4 2. The proposed amount that the affordable housing units are below natural or finished grade, whichever is more restrictive, is an appropriate response to unique site constraints, such as topography. 3. The proposed affordable housing units are designed in a manner which exceeds the expectations of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by demonstrating compliance with as many of the following conditions as possible: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more window area than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. d. Unit amenities, such as access to outdoor space or private patios. Section 3: Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.470.070.4.0 Growth Management Review for Affordable Housing, which section describes dimensional conditions for the amount that an affordable housing unit's net livable area is at or above grade, shall be amended as follows: c. Each unit provided shall be designed such that the finished floor level of fifty percent (50 %) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Section 26.430. Section 4: A public hearing on the Ordinance was held on the 23 day of May, 2011, at 5:00 p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 5: 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 6: 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. [signatures on following page] City of Aspen City Council Ordinance No. 14, Series of 2011 Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25 day of April, 2011. Attes • /117 /. sea athryn S. �� h, i" erk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 23 day of May, 2011. 4. 1 4, 144 1 wellifiso Kathryn S. K , City Clerk Michael C. Ireland, Mayor Approved as to form: omey City of Aspen City Council Ordinance No. 14, Series of 2011 Page 4 of 4 Tue, Apr 26, 2011 18:48:45 6457814 ` 0 !� Ad Ticket #5 5" I // ^/1 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E-m ANGELA SCOREY Client: Caller: Kathryn Koch Ci ty: Aspen _ Receipt State: CO Zip: 81611 Ad Name: 6457814A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 05/01/11 Stop: 05/01/11 Color: Issue 1 Copyline: 6457814 atw ORDINANCE #14 R ep: AT Legals LEGAL NOTICE Lines: 18 ORDINANCE #14, 2011, PUBLIC HEARING Depth: 1.51 Ordinance #14, Series of 2011, was adopted on first reading at the City Council meeting April 25, Columns: 1 2011. This ordinance, if adopted, approves a code Discount: 0.00 amendment for affordable housing. The public hearing on this ordinance is scheduled for May 23, Commission: 0.00 2011 at 5 PM, City hall, 130 South Galena. Net: 0.00 To see the entire text, go to the city's legal notice Tax: 0.00 website http: //www.as penp /tkin.com/pepartments/Clerkl Total 9. Legal- Noticesl If you would like a copy FAXed or e- mailed to you. Payment 0.00 call the city clerk's office, 429 -2686. Published in the Aspen Times Weekly on May 1. 2011. [6457814] Ad shown is not actual print size . r a A n `G o . 7 0 0 7 0 y O 0� ' `\ y Cc n Cr) - rn o n w ro ; 7 -• 0 "° O n- 7 N o n 7 rt 0 rt 0 . w Rl 'J ? m .m 6' 2 &� � �' n x 7 c) co o 0- n R- m N w w N .2:.t Imo' ce a 7 . o °. CL � M ' n n X 0 N n O co rt O Cl- = L o rro 0 �--� r4 o .J `C n .. " .. 0 w R n a N O O p '3 — rt ¢, 1'S'1 rt w (n N O 5" '� ] so O O ro so n ro v a so c rt o w B r " O . N O ❑ 0. VI rt 0 n ro O rt C 0 r � - O ! I 7� n n ° w o � � o p cn ^ n �� O � N kJ Ce N O n o rt • " m O W P.. �^. " c Cr W 'O 'Z-' w Q rill O m O 1 w S 0 T3 w'O O. go' r, Po R. rr� rt g r N � b !D n n rt N �' re n w w — tJI P3 1:, EC lab . 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