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HomeMy WebLinkAboutordinance.council.039-78RECORD OF PROCEEDINGS ORDINANCE NO. 39 (Series of 1978) AN ORDINANCE AMENDING SECTION 20-22 OF THE ASPEN MUNICIPAL CODE BY REPEALING AND REENACTING SECTION 20-22(c) AND ADDING SECTION 20-22(d) THEREBY REQUIRING APPLICANTS TO REDUCE THE ADVERSE EFFECTS OF CONDOMINIUMIZATION OF THEIR PROPERTY ON LOW AND MODERATE INCOME HOUSING WHEREAS, the City Council of the City o£ Aspen wishes to amend Section 20-22 of the Aspen Municipal Code by repealing and reenacting Section 20-22(c) and adding Section 20-22(d) for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-22(c) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: Sec. 20-22(c) The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. Such demonstration shall be made at the time of initial consideration by the Planning and Zoning Commission for purposes of their recommendation to the City Council. Evidence relating to the following criteria shall be considered at this determination: (1) Evidence that illustrates that there will be minimum tenant displacement as the result of the conversion. (2) Evidence that illustrates that tenants have not been required to move involuntarily within the preceding eighteen (18) months prior to application, except in cases of lawful displacement. (3) Evidence that the condominium units will be affordable by persons of low or moderate income. (4) Evidence that the rental price of the condo- ~inium units will not be substantially increased after condominiumization. RECORD OF PROCEEDINGS (5) Evidence that tenants who do not wish to exercise their option or right of first refusal shall be provided with at least one hundred eighty (180) days after final Council approval or when their unit is sold to a third person, whichever date is later, in which to relocate. (6) Evidence that the perspective purchaser is an employer or a group of employers who intend to rent the unit(s) to its employees. The following shall be considered prima facie evidence that approval will reduce the supply of low and moderate income housing: (1) Evidence that the property has historically rented for terms in excess of one (1) month periods at a price within the current guidelines for low, moderate and middle income housing as determined by the Council for additional points within the terms of the Growth Management Plan, and the applicant intends to increase rents within five (5) years after condominiumization such that the price of each unit will be in excess of the above guidelines. (2) Evidence that the property has historically rented for terms in excess of one (1) month periods at a price within the current guidelines for low, moderate and middle income housing as determined by the Council for additional points within the terms of the Growth Management Plan, and the applicant intends to sell the property within the next five (5) years at a price in excess of the above guidelines. --2-- RECORD OF PROCEEDINGS Section 2 That Section 20-22(d) shall be added to the Aspen Municipal Code to read as follows: Sec. 20-22(d) If the applicant fails, in the sole judgment or discretion of the City Council, to demonstrate that approval will not reduce the supply of low and moderate income housing according to subsection (1) hereof, then the applicant shall be required to present a proposal to reduce or eliminate the adverse effects of the specific condominiumization upon such housing for a minimum period of five (5) years from the date of Council approval, or the Council may in its discretion deny the application for condominiumization. Such proposal may include an acceptable deed restriction of the property by covenant, which may include but is not limited to rental price restrictions. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 4 That a public hearing on the ordinance shall be held on ~ ~F /~ , 1978, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. -3- RECORD OF PROCEEDINGS INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held ATTEST: · 1978. Mayor Kathryn S~Koch City ClerR FINALLY adopted, passed and approved on the ATTEST: /F~ day of , 197 Stacy fltandley III Mayorl Kathryn ~_. Koch City Clerk -4-