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HomeMy WebLinkAboutordinance.council.019-92 ORDINA_NCE NO. 19 (SERIES OF 1992) AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE lv SERIES OF 1990v GOVERNING HOUSING REPLACEMENT AND ACCESSORY DWELLING UNITS, BY EXTENDING THE SUNSET/EXPIRATION AND REVIEW DATES AS CONTAINED THEREIN. WHEREAS, the Aspen City Council adopted Ordinance 1, Series of 1990, on February 26, 1990; and WHEREAS, the Aspen city Council had previously determined that, as a result of unremitting market pressure to redevelop residential properties as housing for tourists and second home owners, large portions of the existing inventory of single-family, duplex and multi-family dwellings in the City were threatened with demolition and extinction, which in turn produced a serious depletion in the stock of affordable housing in Aspen, resulting in the permanent displacement of individuals and families who are an integral part of the Aspen community and workforce, and irrevocably changing the character of existing neighborhoods which have traditionally been comprised of a broad mix of housing types, including owned and rental units affordable by working residents; and WHEREAS, the Aspen City Council previously stated that the preservation of the stock of affordable housing and/or providiing for its replacement within established neighborhoods will promote the long-standing community goals of insuring a socially and economically balanced community, thereby avoiding an imbalance between Aspen as a resort and Aspen as a community, ensuring the 1 continued viability of Aspen-area businesses, preventing overcrowding which results from an inadequate supply of affordable housing; and WHEREAS, the Aspen City Council previously determined that the Aspen Land Use Regulations did not provide adequate impact mitigation standards for the review of residential development applications for the new development or redevelopment of land for single-family and duplex units or for the demolition and reconstruction of multi-family dwelling units; and Wq{ERE~S, in response to the problems identified with inadequate impact mitigation standards for the review of residential development applications for single-family and duplex units or for the demolition and reconstruction of multi-family dwelling units, the Aspen City Council adopted Ordinance 1, Series of 1990; and W~EREAS, the regulations contained within Ordinance 1, in concert with other regulations, form a balanced and comprehensive program to assure an adequate supply of affordable housing; and W~EREAS, Section 10 of Ordinance 1, Series of 1990, states that the Ordinance will expire on April 15, 1992, unless the Aspen City Council takes action prior thereto to continue this ordinance based upon an evaluation of its effectiveness by the Planning Director; and W~EREAS, the Planning Director has evaluated the effectiveness of Ordinance 1 and has concluded that the regulations have assisted in alleviating adverse impacts identified in the development or redevelopment of land for single family and duplex units or for the 2 demolition and reconstruction of mutli-family dwelling units and recommends that the Ordinance should be continued with another evaluation of its effectiveness to be completed by April 15, 1994; and WHEREAS, the Aspen City Council supports the Planning Director's recommendation to continue the Ordinance with another evaluation of its effectiveness to be completed by April 15, 1994. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYiOF ASPEN, COLORADO: Section 1 That Section 10, "Expiration of this Ordinance", of Ordinance 1, Series of 1990, be and is hereby amended to read as follows: Section 10. Expiration of this Ordinance. This Ordinance shall expire on April 15, 1994 unless City Council takes action prior thereto to continue this ordinance based upon an evaluation of its effectiveness by the Planning Director. If in 1994, City Council decides to eliminate this legislation from the Municipal Code, then all deferred impact fees shall be forgiven. Section 2 That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the 3 remaining portions thereof. Section 3 That a public hearing on the Ordinance shall be held on the 13 day of Aprils 1992, at 5:00 p.mo 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 23 day of March, 1992o John Bennett, Mayor ATTEST=~ Ka~hryn-~. Koch, City Clerk ~NALLY adopted, passed and approved this /~v%-~day of ~, 1992. 1 John Bennett, Mayor ATTEST: Ka~h-~ryn~s. Koch, City Clerk jtdm.ord.one.