HomeMy WebLinkAboutordinance.council.009-94 ORDINANCE NO. 9
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 10 OF
ORDINANCE it SERIES OF 1990t AND SECTION i OF ORDINANCE 19~ SERIES
OF 1992, GOVERNING HOUSING REPLACEMENT AND ACCESSORY DWELLING
UNITS, BY ELIMINATING THE SUNSET/EXPIRATION AND REVIEW DATES AS
CONTAINED THEREIN.
WHEREAS, the Aspen City Council adopted Ordinance 1, Series of
1990, on February 26, 1990; and
WHEREAS, the Aspen City Council has previously determined that, as
a result of unremitting market pressure to redevelop residential
properties as housing for tourists and second home owners, large
portions of the existing inventory of single family, duplex and
multi-family dwellings in the City were threatened with demolition
and extinction, which in turn produced a serious depletion in the
stock of affordable housing in Aspen, resulting in the permanent
displacement of individuals and families who are an integral part
of the Aspen community and workforce, and irrevocably changed the
character of existing neighborhoods which have traditionally been
comprised of a broad mix of housing types, including owned and
rental units affordable by working residents; and
WHEREAS, the Aspen City Council has previously stated that the
preservation of the stock of affordable housing and/or providing
for its replacement within established neighborhoods will promote
the long-standing community goals of insuring a socially and
economically balanced community, thereby avoiding an imbalance
between Aspen as a resort and Aspen as a community, ensuring the
continued viability of Aspen-area businesses, and preventing
overcrowding which results from an inadequate supply of affordable
housing; and
W~EREAS, the Aspen City Council previously determined that the
Aspen Land Use Regulations did not provide adequate impact
mitigation standards for the review of residential development
applications for the new development or redevelopment of land for
single-family and duplex units or for the demolition and
reconstruction of multi-family dwelling units; and
W/{EREAS, in response to the problems identified with inadequate
impact mitigation standards for the review of residential
development applications for single-family and duplex units or for
the demolition and reconstruction of multi-family dwelling units,
the Aspen city Council adopted Ordinance 1, Series of 1990; and
WHEREAS, the regulations contained within Ordinance 1, in concert
with other regulations, form a balanced and comprehensive program
to assure an adequate supply of affordable housing; and
Wq4EREAS, Section 10 of Ordinance 1, Series of 1990
stated that the ordinance shall expire on April 15, 1992, unless
the Aspen city Council takes action prior thereto to continue the
ordinance based upon an evaluation of its effectiveness by the
Planning Director; and
W~EREAS, the Planning Director did evaluate the effectiveness of
Ordinance 1 and concluded that the regulations have assisted
in alleviating adverse impacts identified in the development or
redevelopment of land for single family and duplex units or for the
demolition and reconstruction of multi-family dwelling units and
recommended that the ordinance be continued with another evaluation
of its effectiveness to be completed by April 15, 1994; and
W~EREAS, the Aspen city Council supported the Planning Director's
recommendation to continue the ordinance with another evaluation
of its effectiveness to be completed by April 15, 1994; and
W~EREAS, one of the visions outlined in the Aspen Area Community
Plan focused on the need to revitalize the permanent community by
increasing the amount of housing in the Aspen Area which is
available to permanent residents; and
WHEREAS, the Aspen Area Community Plan has recommended the
elimination of the sunset/expiration provision for Ordinance 1 as
the regulations contained within Ordinance 1 assist in assuring an
adequate supply of affordable housing for the community; and
W~EREAS, the Planning Director has evaluated the effectiveness of
Ordinance 1 and recommends that the sunset/expiration provision of
Ordinance be eliminated.
NOWv THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That Section 10, "Expiration of this Ordinance", of Ordinance 1,
Series of 1990 and Section 1 of Ordinance 19, Series of 1992, is
hereby repealed.
Section 2
That if any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
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provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3
That a public hearing on the Ordinance shall be held on the llth
day of April, 1994, at 5:00 pm in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing notice of the same shall be published once in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 28th day of March,
1994.
John ~ennett, Mayor
ATTEST:
Kathryn ~Koch, City Clerk
adopted, passed and approved this /~ day of
1994.
John'Bennett, Mayor
K~hryn S./~ch, City Clerk
ordl.el~mi, sunset.etd
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