HomeMy WebLinkAboutordinance.council.004-80RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1980)
AN ORDINANCE AMENDING THE EXCEPTION PROVISIONS OF THE GROWTH
MA/NAGEMENT PLAN AND ALLOWING FOR THE EXCEPTION OF PROJECTS WHICH
ARE DIVIDED SUCH THAT 70% OF THE HOUSING CONSTRUCTED IS DEED
RESTRICTED WITHIN THE TERMS OF SECTION 24-10.4(b)(3)
WHEREAS, the City Council desires to amend the exception
provisions of the Growth Management Plan 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That Section 24-10.2 shall be repealed and reenacted to read
as follows:
Section 24-10.2. Exceptions.
The following development activity shall be exempted from
complying
(a)
with the allotment procedures hereinafter provided for:
The remodeling, restoration or reconstruction of any
existing building (provided there is no expansion of
commercial floor area nor creation of additional dwell-
ing units).
(b) The enlargement of, or change of use in, a structure
which has received individual historic designation; and
(c) The construction of one-single family or duplex
structure on townsite lots or lot subdivided prior
the effective date of this article; and
to
(d) The construction of one single-family residence on a lot
subdivided after the effective date of this article
where the following conditions are met:
(1) The tract of land which was subdivided had a pre-
existing dwelling;
(2) No more than two (2) lots were created by the sub-
division;
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(e)
All construction of essential 9overnmental projects
other than housing; and
(f)
Ail other construction pursuant to valid building per-
mits issued prior to the effective date of this article;
Ail employee housing units constructed in the co~uaer-
cial, office, and lodge districts pursuant to the den-
sity bonus provisions of this Code provided the housing
units are constructed and deed restricted in accordance
with the provisions of Section 24-t0.4(b)(3); and
(h)
Ail housing units constructed pursuant to Section 24-
10.10 subject to the special approval of the City Coun-
cil upon the recommendation of the Planning & Zoning
Commission which approval shall include a determination
of community need considering, but not limited to, the
number of units to be constructed, the type of units,
and the rental/sale mix of the development; and
(i)
Ail residential dwelling units constructed in a mixed
free market/deed restricted housing project wherein at
least seventy percent (70%) of the units are constructed
and deed restricted in accordance with the provisions of
Section 24-10.4(b)(3), provided, however, that the pro-
ject has received special approval of the City Council
upon the reco~nendation of the Planning and Zoning Com-
mission which approval shall include a determination of
col~]unity need considering, but not limited to, the num-
ber of units to be constructed, the type of units, and
the rental/sale mix of the development. For the purpose
of this section, seventy percent (70%) of the total
development shall mean seventy percent (70%) of the
total number of bedrooms within the project. For the
purposes of this section a studio shall be considered a
3/4 bedroom; and
(j) Ail development not limited by the provisions of Section
24-10.1;
provided that the building inspector shall, as required by
Section 24-10.8, annually report the amount of residential,
commercial, office and lodge construction exempted by reason
of Section 24-10.2(b), (c) and (d), and the non-deed restric-
ted portion of the residential construction exempted by rea-
son of Section 24-10.2(i) within the previous year and these
totals shall be deducted from the quota of allowable develop-
ment in succeeding years. When reporting exempted construc-
tion pursuant to subsection (b), the inspector shall calcu-
late only the additional commercial floor area or dwelling
units resulting from such construction.
Section 2
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
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passe~ on~
reading at a regular meeting of the City Council of the
City of Aspen on~~ ~, 19~, and published
!
in the Aspen TiDies a weekly newspaper o~ general circul-
ation, publishe~, in the City of Aspen, Colorado, in its
issue of~~ ~ , 19~, and was finally adopte
and approved at a regu~lar meeting of the City Council On
provided by law.
IN WITNESS WHEREOF,
199 and ordered published as
Series of 19~, of said City, as
I have hereunto
the seal of said City of Aspen, Colorado,
set my hand and
w~l.S
SEAL
Deputy City Clerk