HomeMy WebLinkAboutordinance.council.020-80RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1980)
AN ORDINANCE AMENDING THE EXCEPTION PROVISIONS OF THE GROWTH
MANAGEMENT PLAN AND ALLOWING FOR THE EXCEPTION OF PROJECTS WHICH
ARE DIVIDED SUCH THAT 70% OF THE HOUSING CONSTRUCTED IS DEED
RESTRICTED WITHIN THE TERMS OF SECTION 24-10.4(b)(3)
WHEREAS, the City Council desires to amend the exception
provisions of the Growth Management Plan 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That Section 24-10.2 shall be repealed and reenacted to read
as follows:
Section 24-10.2. Exceptions.
The following development activity shall be exempted from
complying with the allotment procedures hereinafter provided for:
(a) The remodeling, restoration or reconstruction of any
existing building (provided there is no expansion of
commercial floor area nor creation of additional dwell-
ing units).
(b) The enlargement of, or change of use in, a structure
which has received individual historic designation; and
(c) The construction of one-single family or duplex
structure on townsite lots or lot subdivided prior to
NOVEMBER 14, 1977; and
(d) The construction of one single-family residence on a lot
subdivided after NOVEMBER 14, 1977, where the following
conditions are met:
(e)
(f)
(1) The tract of land which
existing dwelling;
(2) No more than two (2) lots
division;
All construction of essential
other than housing; and
All other construction pursuant to valid
mits issued prior to NOVEMBER 14, 1977,
was subdivided had a pre-
were created by the sub-
governmental projects
building per-
RECORD OF PROCEEDINGS
(g) Ail employee housing units constructed in the
co~mnercial, office, and lodge districts pursuant to the
density bonus provisions of this Code provided the
housing units are constructed and deed restricted in
accordance with the provisions of Section 24-10.4(b)(3);
and
(h) All housing units constructed pursuant to Section 24-
10.10 subject to the special approval of the City Coun-
cil upon the recommendation of the Planning & Zoning
Commission which approval shall include a determination
of colmnunity need considering, but not limited to, the
number of units to be constructed, the type of units,
and the rental/sale mix of the development; and
(i) All residential dwelling units constructed in a mixed
free r~arket/deed restricted housing project wherein at
least seventy percent (70%) of the units are constructed
and deed restricted in accordance with the provisions of
Section 24-10.4(b)(3), subject to the special approval
of the City Council, based upon the reco~m~endation of
the Planning and Zoning Co~nission which approval shall
include a determination of community need consideringf
but not limited to, the project's compliance with any
adopted housing plan, specifically the number of units
to be constructed, unit type, unit mix, the rental/sale
mix of the development, and desired price and rental
categories. Applicants are recommended to submit an
application wherein there is maintained an average of
1.5 and two bedrooms per unit within the deed restricted
portion of the project (a studio shall be considered a
three-quarter (3/4) bedroom) and where at least fifty
percent (50%) of the residential floor area is devoted
to deed restricted units; and
(j) All development not limited by the provisions of Section
24-10.1;
provided that the building inspector shall, as required by
Section 24-10.8, annually report the amount of residential,
commercial, office and lodge construction exempted by reason
of Section 24-10.2(b), (c) and (d), and the non-deed restric-
ted portion of the residential construction exempted by rea-
son of Section 24-10.2(i) within the previous year and these
totals shall be deducted from the quota of allowable develop-
ment in succeeding years. When reporting exempted construc-
tion pursuant to subsection (b), the inspector shall calcu-
late only the additional co~nercial floor area or dwelling
units resulting from such construction.
Section 2
If any section, subsection,
portion of this ordinance is for
unconstitutional by any
portion shall be deemed
sentence, clause, phrase or
any reason held invalid or
court of competent jurisdiction, such
a separate, distinct and independent
2
RECORD OF PROCEEDINGS
100 Leaves
provision and such
remaining portions
holding shall
thereof.
not affect the validity of the
meeting
Section 3 ~
A public hearing on the ordinance shall be held on the
day of ~ , 1980, at 5:00 P.M. in the
City Council Chambers~ Aspen City Hall, Aspen, Colorado, 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, Colorado, at its regular
held on the // , 1980.
ATTEST:
day of ~ ~
Mayor
FINALLY adopted, passed
and
approved on
, 1980.
Mayor
the ~/ day of
ATTEST:
Kathryn s~Koch
City Clerk
RECORD OF PROCEEDINGS
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on ~j
reading at a regular meeting of the City Council of the
City of Aspen on c~. // , 19~, and published
in the Aspen Times a weekly newspaper of general
ation, published in the City of Aspen, Colorado,
issue of ~c~ /~ , 19 ,~?,__ and was
and approved at a regular meeting of the City Council on
~.~2~a~~ ~ , 19 .~, and ordered published as
Ordinance No. <~ , Series of 19.~;__ of said City, as
circul-
in its
finally adopted
provided b~ law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said city of Aspen, Colorado, this /~
SEAL
kathyrn S.~och, City Clerk
Deputy City Clerk