HomeMy WebLinkAboutordinance.council.059-95
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Ordinance No. 95- 5'}
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE
PROPOSED AFFORDABLE HOUSING UNITS IN ASSOCIATION WITH THE
REMODEL AND RENOVATION OF THE ISIS THEATER (LOTS L, M, and N BLOCK
87) CITY AND TOWNSITE OF ASPEN
WHEREAS, Section 24-8-209.J. of the Municipal Code provides that the City Council, based on
the recommendation of the Joint Growth Management Commission, must approve the method by
which an applicant proposes to provide affordable housing; and
WHEREAS, the Isis Theater has proposed two (2) three (3) bedroom affordable housiug uuits on
a proposed third story of the existing Isis Theater ;and
WHEREAS, on August 23, 1995 the applicant received Conceptual Approval from the Historic
Preservation Commission; and
WHEREAS, on December 5, 1995 the applicant received approval from the City of Aspen
Planning and Zoning Commission for a GMQS Exemption for the enlargement of a Historic
Landmark to be used for commercial and residential purposes which increases both the building's
existing floor area and its net leasable square footage; and
WHEREAS, on December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended approval for Special Review to exceed the allowable floor area of 1.5:1 to 1.8:1 in
the CC Zone District, the reduction of required trash and utility service area and the reduction of
the minimum open space requirements in the CC Zone District; and
WHEREAS, December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended that the Aspen City Council approve the Historic Landmark status for the Isis
Theater; and
WHEREAS, on December 5, 1995 the Joint Growth Management Commission forwarded a
positive recommendation to the Aspen City Council on a vote of 8-2.
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WHEREAS, the Aspen City Council has reviewed and considered the proposed affordable
housing units proposed for the Isis Theater text amendments under the applicable provisions of
the Municipal Code as identified herein, has reviewed and considered those recommendations and
approvals as granted by the Planning and Zoning Commission, the Aspen Historic Preservation
Commission, the Joint Growth Management Commission, the Aspen/Pitkin County Housing
Office and has taken public comment at public hearing; and
WHEREAS, the City Council finds that the proposed affordable housing units meet or exceed all
applicable development standards and are 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 public
health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-601.D. of the Municipal Code, the City Council finds as
follows in regard to the proposed affordable housing units:
I. The City of Aspen has an adopted plan to develop affordable housing with monies from
payment of affordable housing dedication fees; and
2. That the City could not have reasonably anticipated the provision of the Isis Theater site
for affordable housing, and therefore bad not identified the specific site for affordable housing;
and
3. That the site is well suited for the development of affordable housing, taking into account
the availability of services, proximity to employment opportunities and transit opportunities and
that the site is not affected by environmental constraints to development or historic preservation
concerns; and
4. That the method proposed will result in employee housing being produced prior to or at
the time the impacts of the development will be experienced by the community; and
5. That the development itself requires the provision of affordable housing on-site to meet its
service needs; and
6. That the proposed units as set forth in the application are not in conflict with the
provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan.
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Section 2: This ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the Ordinances
amended as herein provided, and the same shall be constructed and conclnded under such prior
ordinances.
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 shal1
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions hereof.
Section 4: That the City Clerk is directed, npon the adoption of this ordinance, to record a copy
of this ordinance, in the office of the Pitkin County Clerk and Recorder.
Section 5: A public hearing on the Ordinance shall be held on the J' day of
~U,d.7 1996 at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (IS) days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
Council of the City of Aspen on the ! /i'
1995.
as prov~ ~Y9 law, by the City
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John Bennett, Mayor
ATTEST:
_1' FINALLY, adopted, passed and approved this
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ohn Bennett, Mayor
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ATTEST:
Kathryn S.
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