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AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEXT A2VIENDMENT TO THE LAND USE CODE TO AMEND SECTION
26.530.050, HOUSING REPLACEMENT REQUIREMENTS, TO ALLOW
FOR A PAYMENT IN LIEU OPTION IN THE MULTI-FAMILY
REPLACEMENT PROGRAM, CITY OF ASPEN.
WHEREAS, the Commun/ty Development Deparunent received an application
t}om the Applicant, Four Peaks Development, LLC, represented by Sunny Varm,
requesting the City Council grant a text amendment to the Land Use Code to allow for
the paymem in lieu fee option in the Residential Multi-Family Replacement Program
instead of constructing on-site affordable housing units; and
WlCIEREAS, the Community Development Department received referral comments
from the Aspen/Pitkin County Housing Authority, Aspen Consolidated Sanitation District,
and City Engineering as a result of the Development Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Commurfity Development Department recommended denial
to the Planning and Zoning Commission and City Council for a text amendment; and
WHEREAS, the Aspen Pitkin County Housing Board, at a regularly held public
hearing on March 6, 2002 forwarded a recommendation of approval to the Planning and
Zoning Commission to approve the Text Amendment with conditions; and
WHEREAS, the Aspen Planning and Zoning Commission reviewed and
considered the development proposal under the applicable provisi~ons of the Municipal
Code as identified herein, considered the recommendation of the Community Development
Director, and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Planning and Zoning Commission reco~ranended to the City
Council, by a vote of five to two (5 - 2) to deny the text amenthnent to the Land Use
Code to allow for a payment in lieu fee option in the Residential Multi-Family
Replacement Program instead of constructing on-site affordable housing units; and
WHEREAS, the City of Aspen City Council has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as
identified, herein, has reviewed and considered the recommendation of the Aspen/Pitkin
County Housing Authority, the Conunu~ty Development Director, the Planning and
Zoning Commission, the applicable referral agencies and has taken and considered public
comment at a public hearing; and,
WHEREAS, the City of Aspen City Council finds that the application for a text
amendment meets or exceeds all applicable standards and that the, approval of the text
amendment, is consistent with the goals and elements of the Aspen Area Community Plan;
WHEREAS, the City of Aspen City Council, by a vote of__ to __ (_-_),
approves a text amendment to the Land Use Code to allow for the payment in lieu fee
option in the Residential Multi-Family Replacement Program instead of constructing on-
site affordable housing units; and
WttEREAS, the City of Aspen City Council finds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Titie 26 of the Aspen Municipal
Code, the requests for a Text Amendment to the Land Use Code is hereby amended as
follows:
26.530.050 Housing replacement requirements.
A. Minimum replacement requirement. In the event of the demolition of resident
multi-family housing, the owner shall be required to construct replacement housing
consisting of no less than fifty (50) percent of the square footage of net residential
area demolished or converted. The replacement housing shall be configured in such a
way as to replace fifty (50) percent of the bedrooms that are lost as working resident
housing by demolition. A minimum of fifty (50) percent of the replacement housing
shall be above natural grade. The replacement housing shall be deed restricted as
affordable housing in accordance with the requirements of section 26.530.060, below.
B. Location of replacement housing. Multi-family replacement un/ts shall be
developed on the same site on which demolition has occurred, unless the owner shall
demonstrate that replacement of the units on-site would be incompatible with adopted
neighborhood plans or would be an inappropriate planning solution due to the site's
physical constraints. When either of the above circumstances result, the owner shall
replace the maximum number of units on-site which the City Council determines that
the site can accommodate and may replace the remaining units off-site, within the
Aspen Metropolitan Area. When the owner's housing replacement requirements
involves a fraction of a unit, cash in lieu may be provided to meet the fractional
requirement. The amount of a cash-in-lieu shall be computed pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended.
C. Timing and quality of replacement unit. Replacement units shall be available
for occupancy at the same time as the new unit or units, regardless of whether the
replacement units are built on-site or off-site, and shall contain ftxtures, finish and
amenities required by the housing designee's guidelines. When replacement units are
proposed to be built off-site, the owner shall be required to obtain a development
order approving the off-site development prior to or in conjunction with obtaining a
development order approving redevelopment on the site on which demolition is
proposed to take place.
D. Payment in lieu. An owner may elect to satisfy the requirements of Section
26.530.050.A. in all or part by the payment of an affordable housing dedication fee
pursuant to the Aspen/Pitldn County Housing Authority Guidelines, as mended. An
owner's ability to substitute a payment in lieu of the required replacement housing
shall be subject to the approval of the City Council based on the recommendation of
the Housing Office.
Section 2
All material representations and commitments made by the applicant pursuant to the
approvals as herein awarded, whether in public hearing or documentation presented before
the ?lanning and Zoning Commission or City Council, are hereby incorporated in
application and the same shall be complied with as if fully set forth herein, unless amended
by an authorized entity.
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 ancl shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on this 13~ day of January, 2003.
ATTEST:
Kath_ryn Koch, City Clerk Helen Klandemd, Mayor
FINALLY, adopted, passed, and approved this day of ,2003.
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ATTEST:
KathrynS. Ko~,City Cl~k HdmKal~derud, Mayor
APPROVED AS TO FORM:
John Worcestor, City Attorney
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