HomeMy WebLinkAboutordinance.council.039-78RECORD OF PROCEEDINGS
ORDINANCE NO. 39
(Series of 1978)
AN ORDINANCE AMENDING SECTION 20-22 OF THE ASPEN
MUNICIPAL CODE BY REPEALING AND REENACTING
SECTION 20-22(c) AND ADDING SECTION 20-22(d)
THEREBY REQUIRING APPLICANTS TO REDUCE THE
ADVERSE EFFECTS OF CONDOMINIUMIZATION OF THEIR
PROPERTY ON LOW AND MODERATE INCOME HOUSING
WHEREAS, the City Council of the City o£ Aspen wishes to
amend Section 20-22 of the Aspen Municipal Code by repealing
and reenacting Section 20-22(c) and adding Section 20-22(d)
for the benefit of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 20-22(c) of the Aspen Municipal Code is hereby
repealed and reenacted to read as follows:
Sec. 20-22(c) The applicant shall demonstrate that
approval will not reduce the supply of low and moderate
income housing. Such demonstration shall be made at
the time of initial consideration by the Planning and
Zoning Commission for purposes of their recommendation
to the City Council. Evidence relating to the
following criteria shall be considered at this
determination:
(1) Evidence that illustrates that there will be
minimum tenant displacement as the result of the
conversion.
(2) Evidence that illustrates that tenants have
not been required to move involuntarily within the
preceding eighteen (18) months prior to application,
except in cases of lawful displacement.
(3) Evidence that the condominium units will be
affordable by persons of low or moderate income.
(4) Evidence that the rental price of the condo-
~inium units will not be substantially increased
after condominiumization.
RECORD OF PROCEEDINGS
(5) Evidence that tenants who do not wish to
exercise their option or right of first refusal shall
be provided with at least one hundred eighty
(180) days after final Council approval or when
their unit is sold to a third person, whichever
date is later, in which to relocate.
(6) Evidence that the perspective purchaser
is an employer or a group of employers who
intend to rent the unit(s) to its employees.
The following shall be considered prima facie evidence
that approval will reduce the supply of low and
moderate income housing:
(1) Evidence that the property has historically
rented for terms in excess of one (1) month
periods at a price within the current guidelines for
low, moderate and middle income housing as
determined by the Council for additional points
within the terms of the Growth Management Plan,
and the applicant intends to increase rents
within five (5) years after condominiumization
such that the price of each unit will be in
excess of the above guidelines.
(2) Evidence that the property has historically
rented for terms in excess of one (1) month
periods at a price within the current guidelines
for low, moderate and middle income housing as
determined by the Council for additional points
within the terms of the Growth Management Plan,
and the applicant intends to sell the property
within the next five (5) years at a price in
excess of the above guidelines.
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RECORD OF PROCEEDINGS
Section 2
That Section 20-22(d) shall be added to the Aspen Municipal
Code to read as follows:
Sec. 20-22(d) If the applicant fails, in the sole
judgment or discretion of the City Council, to
demonstrate that approval will not reduce the supply
of low and moderate income housing according to
subsection (1) hereof, then the applicant shall
be required to present a proposal to reduce or
eliminate the adverse effects of the specific
condominiumization upon such housing for a minimum
period of five (5) years from the date of Council
approval, or the Council may in its discretion deny
the application for condominiumization. Such proposal
may include an acceptable deed restriction of the
property by covenant, which may include but is not
limited to rental price restrictions.
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 4
That a public hearing on the ordinance shall be held
on ~ ~F /~ , 1978, at 5:00 p.m. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
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RECORD OF PROCEEDINGS
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado,
at its regular meeting held
ATTEST:
· 1978.
Mayor
Kathryn S~Koch
City ClerR
FINALLY adopted, passed and approved on the
ATTEST:
/F~ day of
, 197
Stacy fltandley III
Mayorl
Kathryn ~_. Koch
City Clerk
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