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Home My WebLink Aboutordinance.council.069-81~OR~ 50 C.F. HO£CKEL B. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~~ (Series of i981) AN ORDINANCE ~ENDING THE EXCEPTION PROVISION OF THE GROWTH MANAGEMENT PLAN BY ALLOWING FOR THE EXcEp~iON THEREFROM OF CERTAIN SIZED PRO'JEC~S THAT ~SULT IN OF NO LESS THAN 85% TO 15% BETWEEN THE CONVERSION OF EXISTING UNCONTROLLED HOUSING TO DEED RESTRICTED HoUSiNG AND THE CONSTRUCTION OF NEW UNCONTROLLED HOUSING WHEREAS, on June 23, 1980, the Aspen City Council did adopt in its entirety the Housing Action Plan dated April 21, 1980, which was prepared by the Aspen/Pitkin Housing Task Force as a guideline for action on housing programs and resledial legislation in the City of Aspen and Pitkin County; and WHEREAS, among the substantive elements proposed by the Hous- ing Action Plan are the promotion of better utilization of exist- ing housing supply and the reduction of demand for new housing stock; and WHEREAS, information recently compiled, including a data up- date prepared by the Pitkin County Housing Office on April 2i, 1981, for the Pitkin County Commissioners, reveals that the fac- tors contributing to the housing problem in the Roaring Fork Val- ley continue to exist, including, for example, a trend (a) toward more permanence in residency in the valley, and (b) toward em- ployees migrating downvalley, which has a deleterious impact upon transportation systems, highway usage, parking, air quality and the iike; and WHEREAS, the Housing Action Plan recolmmended the adoption of new legislation as a means by which its substantive elements might be implemented; and WHEREAS, present legislation to preserve the existing stock of controlled employee housing, such as the legislation set forth in Section 20-22 of the Municipal Code of the City of Aspen re- garding condominiumization, has not proven adequate to preserve FORM 5il C. F, HOECXEL B. B. & L, CO. RECORD OF PROCEEDINGS 100 Leaves the existing stock of controlled employee housing, and in certain respects has operated to hasten the depletion of such housing; and WHEREAS, a significant portion of the existing stock of con- trolled employee housing within the City of Aspen consists of housing for which there are no independent ~uarantees or assur- ances that it will remain as such, which housing, if lost, would greatly exacerbate the employee housing problem by increasin~ the demand therefor contrary to the reconm]endations of the Housing Action Plan; and WHEREAS, the Aspen City Council desires to provide an induce- ment to the owners of such housing formally to convert such hous- ing to controlled employee ~%ousing; and WHEREAS, the Aspen City Council has determined in all the attendant circumstances that it is in the best interests of the City to induce such conversion by Iaeans of an exception to the Growth Management Plan of the City of Aspen, and WHEREAS, the Aspen Planning and Zoning Commission did hold a public hearing- on the proposed exception to the Growth Management Plan at a special meeting on July 28, 1981, and did, by Resolution 81-12 send a finding of "no opinion" to the City Council on the matter, NOW, '~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-1i.2 of the Municipal Code of the City of Aspen entitled "Exceptions" be and the same is hereby amended by the addition of a subsection (k) and changes in the last paragraph of Section 24-1i.2 with respect to said subsection (k), to read as follows: FORM 50 C, F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves "(k) Ail residential dwelling units included in a mixed free iaarket/deed restricted housing pro3ect Wherein at least 85 percent of the units are existing free market housing which are converted to employee housing by a deed restrictiOn in accordance with SectiOn 24-11.4 (b)(3) or are restricted for employee housing by some alternative mechanism which is acceptable to the Aspen City Council and up to 15 percent of the units are newly constructed free market units. Restriction of the existing units to employee housing shall not result in more than 15 Units of new free market housing. Such projects shall be subject to the special approval of the City Council, based on the recormnendation of the Plan- ning and Zoning Commission, which approval shall include a determination of community need considering, Dut not limited to, the project's compliance with any adopted housing plan~ specifically the numDer of units to be constructed and restricted, the rental/sale mix of the restricted units, and the proposed nature of the restrictions to be placed on the existing units in terms of price and rental categories, limitations on the qual- ifications of potential occupants of the units and re- sale restrictions for the units. For the purposes here- in, such converted housing units need not occupy the same physical site or sites upon which such newly con- structed units are built. Provided that 'the building inspector shall, as required by section 24-11.8, annually report the amount of resi- dential, commercial, office and lodge construction exempted by reason of Section 24-11.2(b), (c) and (d), and the non-restricted portion of the residential con- struction exempted by reason of Sections 24-11.2(i) and (k) within the previous year and these totals shall be deducted from the quota of allowable development in suc- ceeding years. When reporting exempted construction pursuant to subsection (b), the inspector shall calcu- late only the additional commercial floor area or dwell- lng units resulting from such construction.~, Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any Court of competent ~urisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 3 A pUblic hearing on the ordinance shall be held on the day of ~ , 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 FORM 5~ C. F* HOEC]fEL ~. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves Section 3 A public hearing on tt~e ordinarlce shall be held on the ~--- day of ~ , i981~ at 5:00 P.M. in the City Council Chambers, Aspen City Hail, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the //~ ~day of ~~--~~ --J , 1981. AT.T ES T: ~. . City Clerk FINALLY adopted, passed and approved on the ~ day of , 1981. ATTES~T ~ ~ Kathryn S-.~/Koch, RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) C~RTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced~ read in full, and passed on ~ reading at a regular meetin~ of the City Council of the City of Aspen on ~ /~ , 19 ~/, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ ~.'~ , 19~_~_, and was finally adopted and approved at a regular meeting of the City Council on . , ...., 19 2/,__ and ordered published as Ordinance No. ~ ~ , Series of 19.~, of said City, as provided by law. TN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /~-~d~ _, .thyrn Koch, C ty Clerk Deputy City Clerk