HomeMy WebLinkAboutordinance.council.029-02 Code Amendment Ordinance
ORDINANCE NO. 29
(Series of 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, GRANTING APPROVAL TO AMEND SECTION 26.710.090(B)(7)
OF THE MUNICIPAL CODE ALLOWING THE ABILITY TO PAY CASH-IN-
LIEU AS AN ACCEPTABLE FORM OF AFFORDABLE HOUSING
MITIGATION IN THE R/MF ZONE DISTRICT
WHEREAS, the Community Development Department received an application
from Paul Sandler, ("Owner"), represented by Raul Gawrys, requesting to amend the
City's Land Use Code Section 26.710.090(B)(7) to allow the ability to pay cash-in-lieu as
an acceptable form of affordable housing mitigation in the RAMF zone district; and
WHEREAS, a private citizen must request that the Planning and Zoning
Commission sponsor an amendment to City's Land Use Code, when it affects properties
in general. The requested amendment is to Section 26.710.090(B)(7), allowing the ability
to pay cash-in-lieu as an acceptable form of affordable housing mitigation; and
WHEREAS, on January 29, 2002, the Planning and Zoning Commission agreed
to sponsor a code amendment to amend the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay cash-in4ieu as an acceptable form of
affordable housing mitigation in the RJMF zone district; and
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval of the proposed amendment to the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of
affordable housing mitigation in the R/MF zone district; and
WHEREAS, the Aspen Planning and Zoning Commission reviewed and
considered the proposed amendment to the City's Land Use Code Section
26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of
affordable housing mitigation under the applicable provisions of the Municipal Code as
identified here/n, reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and took and considered public
comment at a public heating; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of five to one (5 - 1), for the proposed
amendment to the City's Land Use Code Section 26.710.090(B)(7) allowing the ability to
pay cash-in-lieu as an acceptable form of affordable housing mitigation; and
WHEREAS, the Aspen City Council has reviewed and considered those
reconm~endations made by the Community Development Department and the Planning
and Zoning Commission, and has taken and considered public comment at a public
heating and finds that the code amendment meets or exceeds all applicable development
standards and that the approval of the development proposal 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 public health, safety and welfare.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
.Section 1
Section 26.710.090(B)(7) which'defines the types of permitted uses ailowed in the
Resident / Multi-family (R/MF) zone district, is hereby amended to read as follows:
Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the
middle-income price and occupancy guidelines. The affordable housing unit shall
comprise a minimum of one-third (1/3) of the total area of the duplex. In the
alternative, both may be free market units if an accessory dwelling unit shall be
provided for each unit or a payment shall be made to the Aspen / Pitkin County
Housing Authority in an affordable housing impact fee to be calculated pursuant
to the Affordable Housing Guidelines then in effect at the time; and
Section 2
This resolution 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 5
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 6
A public hearing on the Ordinance was held on the 26th day of August, 2002, in the City
Council Chambers, Aspen City Hall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 12th day of August, 2002.
ATTEST'...
Clerk
passed and approved this
FINALLY, adopted, ~
7
ATTEST:' ~ ' :
Kathryn S. ~, City Clerk
Approved as to form:
~iit~. ~6r~e~er
City Attorney