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HomeMy WebLinkAboutordinance.council.020-80RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1980) AN ORDINANCE AMENDING THE EXCEPTION PROVISIONS OF THE GROWTH MANAGEMENT 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THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-10.2 shall be repealed and reenacted to read as follows: Section 24-10.2.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 with the allotment procedures hereinafter provided for: (a) 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 to NOVEMBER 14, 1977; and (d) The construction of one single-family residence on a lot subdivided after NOVEMBER 14, 1977, where the following conditions are met: (e) (f) (1) The tract of land which existing dwelling; (2) No more than two (2) lots division; All construction of essential other than housing; and All other construction pursuant to valid mits issued prior to NOVEMBER 14, 1977, was subdivided had a pre- were created by the sub- governmental projects building per- RECORD OF PROCEEDINGS (g) Ail employee housing units constructed in the co~mnercial, office, and lodge districts pursuant to the density bonus provisions of this Code provided the housing units are constructed and deed restricted in accordance with the provisions of Section 24-10.4(b)(3); and (h) All 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 colmnunity 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) All residential dwelling units constructed in a mixed free r~arket/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), subject to the special approval of the City Council, based upon the reco~m~endation of the Planning and Zoning Co~nission which approval shall include a determination of community need consideringf but not limited to, the project's compliance with any adopted housing plan, specifically the number of units to be constructed, unit type, unit mix, the rental/sale mix of the development, and desired price and rental categories. Applicants are recommended to submit an application wherein there is maintained an average of 1.5 and two bedrooms per unit within the deed restricted portion of the project (a studio shall be considered a three-quarter (3/4) bedroom) and where at least fifty percent (50%) of the residential floor area is devoted to deed restricted units; and (j) All 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 co~nercial floor area or dwelling units resulting from such construction. Section 2 If any section, subsection, portion of this ordinance is for unconstitutional by any portion shall be deemed sentence, clause, phrase or any reason held invalid or court of competent jurisdiction, such a separate, distinct and independent 2 RECORD OF PROCEEDINGS 100 Leaves provision and such remaining portions holding shall thereof. not affect the validity of the meeting Section 3 ~ A public hearing on the ordinance shall be held on the day of ~ , 1980, at 5:00 P.M. in the City Council Chambers~ Aspen City Hall, Aspen, Colorado, 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, Colorado, at its regular held on the // , 1980. ATTEST: day of ~ ~ Mayor FINALLY adopted, passed and approved on , 1980. Mayor the ~/ day of ATTEST: Kathryn s~Koch City Clerk RECORD OF PROCEEDINGS 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 passed on ~j reading at a regular meeting of the City Council of the City of Aspen on c~. // , 19~, and published in the Aspen Times a weekly newspaper of general ation, published in the City of Aspen, Colorado, issue of ~c~ /~ , 19 ,~?,__ and was and approved at a regular meeting of the City Council on ~.~2~a~~ ~ , 19 .~, and ordered published as Ordinance No. <~ , Series of 19.~;__ of said City, as circul- in its finally adopted provided b~ law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said city of Aspen, Colorado, this /~ SEAL kathyrn S.~och, City Clerk Deputy City Clerk