HomeMy WebLinkAboutordinance.council.021-89 ORDINANCE NO. 21
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE ANNUAL LODGE
AND RESIDENTIALAIJ~TMENTS OF THE GROWTH MANAGEMENT QUOTA SYSTEM
WHEREAS, in 1977, the City of Aspen adopted the Aspen/Pitkin
County Growth Management Policy Plan, Third Draft (hereinafter,
"the GMPP") and the Growth Management Quota System (hereinafter,
"the GMQS"), intended to implement certain of the recommendations
of the GMPP; and
WHEREAS, since the adoption of the GMPP and GMQS, the City
of Aspen has performed regular updates of the Plan and its
implementing regulations through the publication of annual growth
reports, several major planning studies and routine revisions to
the Municipal Code; and
WHEREAS, the Aspen City Council (hereinafter, "the
Council"), during its annual review of the Aspen/Pitkin Planning
Office work program, identified the Community's rate and form of
.growth as a key community planning concern and directed the staff
to study the issue and report back with proposed amendments to
the GMQS to address the problems which have been identified; and
WHEREAS, at a work session held on March 6, 1989, the
Planning Office presented to the Council a draft of the 1989
Aspen/Pitkin County Annual Growth Report (hereinafter, "the
Report") containing a preliminary study of growth trends and
problems in the twelve year period since the initial adoption of
the GMQS and making recommendations for amendments to the Aspen
Municipal Code; and
WHEREAS, the Council indicated its general support for the
Report and directed the Planning Office to convey it to the Aspen
Planning and Zoning Commission (hereinafter, "the Commission")
for review and recommendation; and
WHEREAS, on March 7, the Commission held a duly noticed
public hearing on proposed amendments to the GMQS, which hearing
was continued to March 21, March 28 and April 4 1989; and
WHEREAS, the Commission discussed the Report and the
proposed amendments to the GMQS and found that adopting an
interim growth strategy, as recommended in the Report, is
necessary to provide the time for planning to be done; and
WHEREAS, the Council concurs with the recommendations of the
Commission and wishes to adopt the interim growth strategy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 8, Sections 8-103 A 1 and 2 and F, Annual
Development Allotment, of Chapter 24 of the Municipal Code of the
City of Aspen, Colorado are hereby amended to read as follows:
"Sec. 8-103. Annual development allotment.
A. Establishment of allotment. There shall be no more
than the following amount of development allotted in
the City of Aspen, on an annual basis.
1. Tourist accommodations development. P~m%~-~b~e
~%~ Twenty-two (22) tourist accommodations units,
allocated as follows.
2
a. ~t~-em-~%~ Ten (10) lodge, hotel, bed and
breakfast, boardinghouse or tourist dormitory
units within the Lodge Preservation (LP),
Office (0), Medium-Density Residential (R-6),
Moderate-Density Residential (R-15) and
Residential/Multi-Family (RMF) Zone
Districts.
b. ~h ~ ~ff-- ~-3~ Twelve ( 12 ) 1 odge, hotel,
boardinghouse, roominghouse, tourist
dormitory or residential units within the
Lodge/Tourist Residential (L/TR) , Commercial
Lodge (CL) and Commercial Core (CC) Zone
Districts, or when an SPA designation is used
to permit lodge or hotel units in any other
zone district.
2. Residential development. Thirty-nine (39)
residential dwelling units within all other
remaining zone districts, of which fifty percent
(50%), or nineteen (19) units, shall be set aside
each year for the development of affordable
housing. The nineteen (19) ~nits shall not be a
limit to the number of affordable housing units
which may be built in a given year, but shall
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instead be used to offset actual affordable
housing units constructed in the City of Aspen.
Should there be less than nineteen (19) affordable
housing units constructed in a given year, the
remaining units shall automatically be carried
over to the next year. In no case shall any
remaining units be allotted as free market units.
F. Minimum development allotment available in a year.
1. The development allotment determined in any given
year shall never be less than thirty (30%) percent
of the annual development allotment provided for
in Sec. 8-103(A). If, as a result of development
exempted pursuant to Section 8-104 that is
deducted from the annual development allotment
there shall be less than thirty (30%) percent of
the annual development allotments available, then
thirty (30%) percent of the annual development
allotment shall be made available. The thirty
(30%) percent minimum development allotment
applied to residential development shall be
calculated based on the free market portion of the
annual residential allotment only and not on any
required affordable housing set aside.
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2. Any development allotments made available and
awarded pursuant to this section shall be deducted
from the allotment available in the next year."
Section 2
Within two years of the effective date of this Ordinance, a
comprehensive growth policy update shall be performed and
considered at public hearings by the Commission and Council,
consistent with the recommendations of the 1989 Aspen/Pitkin
County Annual Growth Report. The Commission and Council shall
take such action as may be necessary to confirm, amend or replace
the existing GMQS regulations within this time period, or shall
initiate the process of repealing Section 1 of this Ordinance 21.
Section 3
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 4
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 5
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A public hearing on the Ordinance shall be held on the /~-~/
day of ~ , 1989, 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 /-~ day of
_. , 1989.
William L. Sti~r
ATTEST: /
Kathryn~. Koch, City Clerk
and approved this ~V~ day of
FINALLY, adopted, passed ~ ~
?
ro Tem
ATTEST: )
Kathryn~ Koch, City Clerk
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