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ORDINANCE NO. 25
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT
REQUIREMENTS IN MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution make a recommendation to City Council on a code
amendment request; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendment, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a five to
zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section
26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing in the Lodge Zone District; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council
approved Ordinance No. 25, Series of 2006, by a three to two (3-2) vote, amending Land
Use Code Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per
Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement
for the development of deed-restricted affordable housing in the Lodge Zone District;
and,
Ordinance No. 25, Series of2006
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WHEREAS, the City Council finds that the proposed code amendments to meet or
exceed all applicable amendment standards and that the approval of the Code Amendment,
is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a land use code amendment to Land Use Code Section
26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to
allow there to be no minimum lot area per dwelling unit requirement for the development
of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the
following sections:
Section 2:
Section 26.71 0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
ofthe Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190(D)(2)(a), Minimum Lot Area Iler Dwellinl!: Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
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:
A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, 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.
Ordinance No. 25, Series of2006
Page 2 00
__J..___
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council ofthe City of Aspen at on this 12th day of June, 2006.
ATTEST:
FINALLY, adopted, passed by a three to two Q-~) vote and approved this 10th day of July,
2006.
ATTEST:
Approved as to form:
//it'p?~
John Worcester, City Attorney
Ordinance No. 25, Series of2006
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