Loading...
HomeMy WebLinkAboutordinance.council.058-89ORDINANCE NO. (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN EXTENSION OF THE ADMINISTRATIVE DELAY IN THE ACCEPTANCE OR PROCESSING OF ANY APPLICATION FOR A BUILDING PERMIT FOR DEMOLITION OF ANY DUPLEX OR MULTI -FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FOR ANY LAND USE APPLICATION FOR REPLACEMENT OF DUPLEX OR MULTI -FAMILY RESIDENTIAL DWELLINGS AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS HEREOF WHEREAS, it has come to the attention of the Aspen City Council (hereinafter, the "Council") that portions of the existing inventory of duplex and multi -family residential dwellings is threatened with demolition, which will cause the loss of a significant amount of the resident housing stock in Aspen and will change the character of existing neighborhoods in an undesirable manner; and WHEREAS, it has also come to the attention of the Council that despite the considerable efforts involved in the recent adoption of Ordinance 47, Series of 1988, the Aspen Land Use Regulations do not provide adequate standards for the review of residential development applications for redevelopment of land on which duplex and multi -family housing is being displaced and; WHEREAS, the Council deems it to be in the best interests of the City to re -assess the Housing Replacement Program, to take into account the recent actions by the City and County voters to fund affordable housing and to determine if better approaches than that enacted in Ordinance 47 can be adopted; and WHEREAS, the Aspen Planning and Zoning Commission has sent to Council a proposed Affordable Housing Zone District, intended to provide further options for the development of affordable housing in Aspen; and WHEREAS, as of September 12, 1989, the Council, Planning and Zoning Commission and staff have continued their work on the Affordable Housing Zone, Affordable Housing Overlay, re- assessment of Ordinance 47, Series of 1988 and Ordinance 51, Series of 1989; and WHEREAS, the Council has determined that in order to provide adequate time to study the problems associated with the loss of resident housing units and to formulate an action plan to address these problems, while avoiding 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 four months and eleven days, 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 27, 1990 with regard to the acceptance of new applications or processing of any non -vested applications(as defined by the Aspen Land Use Regulations) for building permit to demolish any duplex or multi -family residential dwelling within the City of Aspen. Section 2 The Council does hereby authorize an administrative delay until February 27, 1990 with regard to the acceptance of new land use applications or processing of any non -vested land use applications (as defined by the Aspen Land Use Regulations) which 2 involve demolition of any existing duplex or multi -family dwelling units. Section 3 The City Manager is hereby directed to implement the administrative delay through the aforementioned period until such time as the administrative delay period expires, is extended, or is lifted as hereinbelow provided. Section 4 The Council hereby authorizes an exemption from the administrative delay described herein in order to allow the processing of any application for rezoning, subdivision or other development approval, even though such application contemplates the demolition of one or more duplex or multi -family residential dwellings, provided that the application calls for and commits the owner of the affected property to the reconstruction of not less than 100% of the existing habitable floor area and not less than 100% of the existing bedrooms as affordable housing. The mix of affordable housing, as between low, moderate and middle income or resident occupied, shall be determined in the course of review and approval of any application submitted pursuant to this exemption. Section 5 A violation of any portion of this Ordinance shall prohibit the owner, successor or assigns from obtaining a building permit for the affected property for a period of five years from the date of such violation. The City shall initiate proceedings to 3 place a deed restriction on the property to this effect to insure the enforcement of this penalty. 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. 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 day of 1 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 /l day of 1989. ATTEST: William L. Stirling, Mayo Kathryn 1,vuch, City Clerk 4 FINALLY, adopted, passed and approved this day of 1989. William L. Stirling, Mayor ATTEST: Kathryn Ko h, City Clerk ccdelayord.extension