HomeMy WebLinkAboutordinance.council.012-94 ORDINi%NCE NO. '~2
(SERIES OF 19~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, ANENDING
CHAPTER 24 OF THE MUNICIP~%L CODE, ~ U~E REGU~T~ON~ BY ~NG
SECTION 24-5-206.2 TO REDUCE THE HINIH~ L~ SIZE FOR ~INGLE-
F~ILY ~ DUPLEX DWELLING ~ITS TO ~,500 SQU~E FEET PER D~LLI~G
~IT ON P~CEL~ LE~S T~ 27,000 ~QU~E FEET IN THE ~FORD~LE
HOUSING SONE DISTRICT.
w~EREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, '~Land Use
Regulations", shall be reviewed and recommended for approval bythe
Planning Director and then by the Planning and Zoning Commission
at public hearing, and then approved, approved with conditions, or
disapproved by the city Council at public hearing; and
WHEREAS, the Planning Director did receive from the Aspen
Pitkin County Housing Authority ("Applicant") and has reviewed and
recommended for approval a text amendment to Chapter 24 associated
with the development of affordable housing; and
WHERE~S, the Planning and Zoning commission reviewed the
proposal and did conduct a public hearing thereon on March 1, 1994;
and
wHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
Commission has recommended approval of the text amendment
recommended by the Planning Director pursuant to procedure as
authorized by Section 24-6-205 (A) (5) of the Municipal Code; and
WHEREAS, the Aspen city Council has reviewed and considered
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the text amendment under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the text amendment meets
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHERF~S, the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare; and
WHERE~S, the City Council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family-oriented affordable housing, promote housing
proposals that reflect surrounding neighborhood characteristics and
will be consistent with the public welfare and the purposes and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLOR~DO:
Sestion 1:
Pursuant to Section 24-7-1102 of the Municipal Code, the city
Council finds as follows in regard to the text amendment:
1. The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal Code or the
Aspen Area Community Plan.
2. The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3. The proposed text amendment will promote the public interest
and character of the City of Aspen.
Section 5-206.2 of Chapter 24 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended, which new text shall read as
follows:
B. Permitted uses. The following uses are permitted as
of right in the Affordable Housing (AH) zone district.
1. Residential uses restricted to the
affordable housing income and category
guidelines, as defined by the
Aspen/Pitkin County Housing Authority and
adopted by Council in effect at the time
of approval, and resident occupied units,
as defined by the Aspen/Pitkin County
Housing Authority and adopted by Council
in effect at the time of approval, must
comprise at least seventy (70) percent of
the unit mix, of the development. Free
market development may comprise up to
thirty (30) percent of the unit mix~ and
forty (40) percent of the bedroom mix of
the development. Residential uses may be
comprised of single-family, duplex and
multi-family dwelling units;
The following changes are proposed for Section 24-5-206.2 D.:
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional
uses in the Affordable Housing (AH) zone district.
1. Minimum lot size (square feet) on a lot of 27,000
square feet or less: 1,500
2. Minimum lot size (square feet) on a lot greater than
27,000 square feet: 3,000
3. Minimum lot area per dwelling unit (square feet):
Detached and duplex residential
dwelling on a lot of 27,000 square
feet or less: 1,500
Detached and duplex residential dwelling on a
lot greater than 27,000 square feet:
Detached residential dwelling: 3~000
Duplex: 1,500
Section 3=
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 4:
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.
Section 5:
~public hearing on the Ordinance shall be held on the=~ day of
~ 1994 at 5:00 in the City Council Chambers, Aspen City
~all, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, RE~D AND ORDERED PUBLISHED as provided by law,
~w~.by the City Council of the city of Aspen on the c~ day of
John Bennett, Ma¥0r
- Kathryn~'KocH, Cxty Clerk
adopted, passed and approved this ~-~ day of
, 1994.
John B~nnett, Mayor
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