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HomeMy WebLinkAboutordinance.council.022-08ORDINANCE No. 22 (Series of 2008) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: SECTION 26.470.070.5 -DEMOLITION OR REDEVELOPMENT OF MULTI-FAMILY HOUSING AND SECTION 26.104.100 - DEFINITIONS. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to the requirements and restrictions on the redevelopment ofmulti-family housing; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public heazing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing and Section 26.104.100 -Definitions, as described herein; and, WHEREAS, during a duly noticed public heazing on July 22, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing and Section 26.104.100 -Definitions, as described herein, by a five to zero (5-0) vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission found that these amendments further and are necessary for the promotion of public health, safety, and welfaze. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standazds and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. 22, Series of 2008. Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing, which section describes the provisions for redeveloping Multi-family Residential Dwelling Units, shall be amended as follows: 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment, and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings currently providing resident housing for tourist and second home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market-rate housing, resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning goals of the community. Achievement of these goals will serve to promote a socially and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting, and prevent exclusion of working residents from the city's neighborhoods. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommodations, and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and Aspen's tourist based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition, or conversion of existing multi-family housing in order to minimize the displacement of working residents, to insure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. The combining, demolition, conversion, or redevelopment of multi-family housing shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on compliance with the following requirements: (See definition of Demolition.) 1 Requirements for Combining Demolishing Convertine or Redeveloping Free-Market Multi-Family Housing Units: Only one of the following two options is required to be met when combining, demolishing, converting, or redeveloping afree-market multi-family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. Ordinance No. 22, Series of 2008. Page 2 a. One-Hundred Percent Replacement In the event of the demolition of free-market multi-family housing, the applicant shall have the option to construct replacement housing consisting of no less than one-hundred (100) percent of the number of units, bedrooms, and Net Livable Area demolished. The replacement units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower Category designation. Each replacement unit shall be approved pursuant to Section 26.470.070.4 -Affordable Housing. When this one-hundred (100) percent standard is accomplished, the remaining development on the site may be free-market residential development with no additional affordable housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Section 26.470.070.3 -Expansion of Free-Market Residential Units within aMulti-Family or Mixed-Use Development. b. Fifty Percent Replacement. In the event of the demolition of free-market multi- family housing and replacement of less than one-hundred (100) percent of the number of previous units, bedrooms, or Net Livable Area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty (50) percent of the number of units, bedrooms, and the Net Livable Area demolished. The replacement units shall be deed restricted as Category 4 housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower Category designation. Each replacement unit shall be approved pursuant to Section 26.470.070.4 -Affordable Housing. When this fifty (50) percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Section 26.470.070.3 -Expansion of Free- Market Residential Units within aMulti-Family or Mixed-Use Project, and there is no increase in the number of free-market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Section 26.470.080.2 -New Free-Market Residential Units within aMulti-Family or Mixed-Use Project. 2 Requirements for Demolishing Affordable Multi-Family Housine Units: In the event a project proposes to demolish or replace existing deed restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms, or Net Livable Area such that there is no decrease in the total number of employees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms, and category of the units shall be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission may require the affordable housing deed restriction on the affected units be brought into compliance with the current Guidelines of the Aspen/Pitkin County Housing Authority and to the satisfaction of the City Attorney. Ordinance No. 22, Series of 2008. Page 3 3. Fractional Unit Requirement. When the affordable housing replacement requirement of this section involves a fraction of a unit, cash-in-lieu may be provided only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Section 26.470.090.3. - Provision of Required Affordable Housing via aCash-in-Lieu Payment 4. Location Requirement. Multi-family replacement units, both free-market and affordable, shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the Planning and Zoning Commission determines that replacement of the units on-site would be in conflict with the parcel's zoning or would be an inappropriate solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the Planning and Zoning Commission determines that the site can accommodate and may replace the remaining units off-site, at a location determined acceptable to the Planning and Zoning Commission. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. 5. Timing Requirement. Any replacemen4 units required to be deed restricted as affordable housing shall be issued a Certificate of Occupancy, according to the Building Department, and be available for occupancy at the same time as, or prior to, any redeveloped free-market units, regazdless of whether the replacement units are built on-site or off-site. 6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a redevelopment agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for non-compliance. The City of Aspen may require a bond or other financial instrument insuring compliance with the agreement. The agreement shall be reviewed and approved by the City Attorney. The agreement shall be recorded prior to application for a demolition permit may be accepted by the City. 7. Growth Management Allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in Location Requirement. 8. Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi-Family Housing Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Title: a. The replacement of Multi-Family Housing Units after non-willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in-fact non-willful. Ordinance No. 22, Series of 2008. Page 4 To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the same configuration. The Community Development Director may approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current building codes; improve accessibility; to conform to zoning, design standards, or other regulatory requirements of the City; or, to provide other azchitectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312 - Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section. b. The demolition ofMulti-Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. c. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family Housing Units which have been used exclusively as tourist accommodations or by non- working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. d. The demolition, combining, conversion, replacement, or redevelopment of Multi-Family Housing Units which were illegally created (also known as "Bandit Units"). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. e. Any development action involving demising walls or floors/ceilings necessazy for the normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units. Section 2: Section 26.104.100 -Definitions, which section defines the meaning of terms used in the City of Aspen Land Use Code, shall be amended as follows: Demolition. To raze, disassemble, tear down or destroy forty percent (40%) or more of an existing structure (prior to commencing development) as measured by the surface of all exterior wall and roof area above finished grade and associated assembly and components necessary for the structural integrity of such wall and roof azea. For the method of determining demolition, see Section 26.575.020(E), Measurement of demolition. Demolition shall also include the removal of a dwelling unit in a multi- family or mixed-use building, its conversion to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family Housing Units if such action is undertaken to combine the units. (See Section 26.470.070.5, Demolition or Redevelopment of Multi-Family Housing) [delete Dwe/ling] Ordinance No. 22, Series of 2008. Page 5 Dwelling, detached residential. A residential structure consisting of a single Dwelling Unit with open yards on all sides, excluding mobile homes. Also known as a Single- Family Home or aSingle-Family Residence. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) attached Dwelling Units in either an over-and-under or side-by-side configuration having a common unpierced above-grade wall of at least one (1) story in height and ten (10) feet in length, or a common unpierced wall or floor/ceiling as applicable. Each unit in the duplex shall contain no less than twenty-five percent (25%) of the total floor area of the duplex structure. Dwelling, multi family. A residential structure containing three (3) or more attached Dwelling Units in either anover-and-under or side-by-side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located within aMixed-Use building shall also be considered a multi-family dwelling. The teen "multi-family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more Detached Residential Units where permitted by the Zone District. Dwelling unit. A structure or portion thereof, intended and used as a shelter in which a person or people reside and sleep which contains a kitchen and bathroom and which is designed for or used as an individual residence. Also known as a Dwelling or a Residence. Bedroom. A portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, and may have access to a bathroom. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance was held on the 22nd day of September, 2008, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance No. 22, Series of 2008. Page 6 Section 7: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11~' day of August, 2008. Attest: ~~ Kathryn S. och, City Cler irrl C•~~ Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 22 day of September, 2008. Attest: /~ ~~~ Kathryn och, City Cle Michael .Ireland, Mayor Approved as to form: City A orne Ordinance No. 22, Series of 2008. Page 7