HomeMy WebLinkAboutordinance.council.019-92 ORDINA_NCE NO. 19
(SERIES OF 1992)
AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE lv SERIES OF 1990v
GOVERNING HOUSING REPLACEMENT AND ACCESSORY DWELLING UNITS, BY
EXTENDING 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 had 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 changing 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 previously stated that the
preservation of the stock of affordable housing and/or providiing
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
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continued viability of Aspen-area businesses, preventing
overcrowding which results from an inadequate supply of affordable
housing; and
WHEREAS, 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
Wq{ERE~S, 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
W~EREAS, 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
W~EREAS, Section 10 of Ordinance 1, Series of 1990, states that the
Ordinance will expire on April 15, 1992, unless the Aspen City
Council takes action prior thereto to continue this ordinance based
upon an evaluation of its effectiveness by the Planning Director;
and
W~EREAS, the Planning Director has evaluated the effectiveness of
Ordinance 1 and has 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
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demolition and reconstruction of mutli-family dwelling units and
recommends that the Ordinance should be continued with another
evaluation of its effectiveness to be completed by April 15, 1994;
and
WHEREAS, the Aspen City Council supports the Planning Director's
recommendation to continue the Ordinance with another evaluation
of its effectiveness to be completed by April 15, 1994.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYiOF
ASPEN, COLORADO:
Section 1
That Section 10, "Expiration of this Ordinance", of Ordinance 1,
Series of 1990, be and is hereby amended to read as follows:
Section 10. Expiration of this Ordinance.
This Ordinance shall expire on April 15, 1994 unless City
Council takes action prior thereto to continue this ordinance
based upon an evaluation of its effectiveness by the Planning
Director. If in 1994, City Council decides to eliminate this
legislation from the Municipal Code, then all deferred impact
fees shall be forgiven.
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
provision and such holding shall not affect the validity of the
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remaining portions thereof.
Section 3
That a public hearing on the Ordinance shall be held on the 13
day of Aprils 1992, at 5:00 p.mo 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 23 day of March,
1992o
John Bennett, Mayor
ATTEST=~
Ka~hryn-~. Koch, City Clerk
~NALLY adopted, passed and approved this /~v%-~day of
~, 1992.
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John Bennett, Mayor
ATTEST:
Ka~h-~ryn~s. Koch, City Clerk
jtdm.ord.one.