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HomeMy WebLinkAboutordinance.council.029-02 Code Amendment Ordinance ORDINANCE NO. 29 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING APPROVAL TO AMEND SECTION 26.710.090(B)(7) OF THE MUNICIPAL CODE ALLOWING THE ABILITY TO PAY CASH-IN- LIEU AS AN ACCEPTABLE FORM OF AFFORDABLE HOUSING MITIGATION IN THE R/MF ZONE DISTRICT WHEREAS, the Community Development Department received an application from Paul Sandler, ("Owner"), represented by Raul Gawrys, requesting to amend the City's Land Use Code Section 26.710.090(B)(7) to allow the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation in the RAMF zone district; and WHEREAS, a private citizen must request that the Planning and Zoning Commission sponsor an amendment to City's Land Use Code, when it affects properties in general. The requested amendment is to Section 26.710.090(B)(7), allowing the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation; and WHEREAS, on January 29, 2002, the Planning and Zoning Commission agreed to sponsor a code amendment to amend the City's Land Use Code Section 26.710.090(B)(7) allowing the ability to pay cash-in4ieu as an acceptable form of affordable housing mitigation in the RJMF zone district; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval of the proposed amendment to the City's Land Use Code Section 26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation in the R/MF zone district; and WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the proposed amendment to the City's Land Use Code Section 26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation under the applicable provisions of the Municipal Code as identified here/n, reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and took and considered public comment at a public heating; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of five to one (5 - 1), for the proposed amendment to the City's Land Use Code Section 26.710.090(B)(7) allowing the ability to pay cash-in-lieu as an acceptable form of affordable housing mitigation; and WHEREAS, the Aspen City Council has reviewed and considered those reconm~endations made by the Community Development Department and the Planning and Zoning Commission, and has taken and considered public comment at a public heating and finds that the code amendment meets or exceeds all applicable development standards and that the approval of the development proposal 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 public health, safety and welfare. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: .Section 1 Section 26.710.090(B)(7) which'defines the types of permitted uses ailowed in the Resident / Multi-family (R/MF) zone district, is hereby amended to read as follows: Two detached residential dwellings on a lot with a minimum of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle-income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one-third (1/3) of the total area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit or a payment shall be made to the Aspen / Pitkin County Housing Authority in an affordable housing impact fee to be calculated pursuant to the Affordable Housing Guidelines then in effect at the time; and Section 2 This resolution shall not affect 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 5 If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 6 A public hearing on the Ordinance was held on the 26th day of August, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 12th day of August, 2002. ATTEST'... Clerk passed and approved this FINALLY, adopted, ~ 7 ATTEST:' ~ ' : Kathryn S. ~, City Clerk Approved as to form: ~iit~. ~6r~e~er City Attorney