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HomeMy WebLinkAboutordinance.council.031-88ORDINANCE NO. 31 (Series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN ADMINISTRATIVE DELAY IN THE ACCEPTANCE AND/OR PROCESSING OF ANY APPLICATION FOR A BUILDING PERMIT FOR DEMOLITION OF ANY DETACHED RESIDENTIAL, DUPLEX OR MULTI -FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FOR ANY LAND USE APPLICATION FOR SUBDIVISION/PUD OF LAND FOR DEVELOPMENT OF NEW OR REPLACEMENT RESIDENTIAL UNITS WHEREAS, it has come to the attention of the Aspen City Council (hereinafter, the "Council") that demolition of detached residential, duplex and multi -family residential dwellings is resulting in the loss of affordable housing in Aspen and is changing the character of existing neighborhoods in an undesirable manner; and WHEREAS, it has also come to the attention of the Council that the Aspen Land Use Regulations do not provide adequate standards for the review of residential development applications for redevelopment of land on which housing is being displaced and for development of land which is currently vacant; and WHEREAS, the Council deems it to be in the best interests of the City to review the Aspen Land Use Regulations with regard to the formulation of measures to mitigate displacement and to require the provision of on -site affordable housing within all new residential developments; and WHEREAS, the Council has determined that in order to provide adequate time to study the problems associated with the loss of existing affordable housing units and the lack of construction of new affordable housing units and to avoid the risks and negative aspects which may result therefrom, it is in the best interests of the City, its inhabitants and visitors to impose an administrative delay of six months, as provided hereinbelow. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Council does hereby authorize an administrative delay until February 8, 1989 with regard to the acceptance of new applications and/or processing of any not vested applications for building permits for demolition of any detached residential, duplex or multi -family residential dwelling within the City of Aspen. Section 2 The Council does hereby authorize an administrative delay until February 8, 1989 with regard to the acceptance and processing of all not vested land use applications for subdivision/PUD of land for development of new or replacement residential units. Section 3 The Council does hereby alter the date for the acceptance of development applications for residential development allotments pursuant to the residential GMQS for 1988 only. Applications which were to be submitted by November 1, 1988 shall now be due on May 1, 1989 and the quota of units available pursuant to Section 8-103 of the Aspen Land Use Regulations shall be made available at that time. Section 4 The City Manager is hereby directed to implement the 2 administrative delay through the aforementioned period until such time as the administrative delay period expires, is extended, or is lifted as hereinbelow provided. Section 5 The Council does hereby authorize the Chief Building Official to continue to accept and to process the following types of applications: 1. For building permits for demolition of residential dwellings which are for the purpose of renovation, repair and remodeling and which do not result in the removal of an existing dwelling unit. 2. For building permits for demolition of residential dwellings when the subject property has received a Growth Management Quota System (GMQS) allotment for its redevelopment. The Chief Building Official is hereby directed to refer to the Planning Director any application for renovation, remodeling or repair of a residential dwelling which is found to constitute demolition of the unit. The Planning Director shall refer said application to the City Council for a determination of whether the provisions of this Ordinance shall apply to the application. The Council does hereby authorize the Planning Director to continue to accept and to process the following types of applications: 1. For subdivision/PUD of land for development of new (but not replacement) residential units which, pursuant to the Aspen Land Use Regulations currently in effect, do not require the provision of affordable housing, provided, however, that a lot split subdivision exemption shall not be accepted or processed on land on which demolition of a residential dwelling unit has occurred or is proposed. 3 2. For amendment to an approved subdivision/PUD which does not request a change in the number of units approved for or already built on the site. 3. For subdivision/PUD of land for development of new residential units which have previously received GMQS allotments. 4. For subdivision/PUD of land for development of new residential units, all of which are restricted as affordable housing. The Council does hereby authorize the Planning Director to accept applications for exemption from the terms of this Ordinance, which shall be referred to the City Council. Applications for exemption shall be approved if any one of the following criteria are met: 1. The application is for demolition of a residential dwelling unit which is located in the Lodge/Tourist Residential (L/TR), Lodge Preservation (LP) or Commercial Lodge (CL) zone district which the owner demonstrates has been rented during the past five years exclusively for periods of less than six months at a time. 2. The application is for subdivision/PUD of land for replacement of currently existing or previously demolished residential dwelling units and that number of bedrooms which previously existed on the site will be rebuilt on that site and will be restricted as affordable housing. Section 6 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. 4 Section 7 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 8 A public hearing on the Ordinance shall be held on the 22nd day of August , 1988, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (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 on the 8th day of August , 1988. William L. Stirling, Mciyor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this 130Y-A--) day of 1988. ATTEST: Kathryn,,O. Koch, City Clerk ccdisplaceord William L. Stirling, Maylor 5