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HomeMy WebLinkAboutlanduse.code amendment.RMF Replacement Program 273512446801.0047.2008 THE CITY 4F ASPEN City of Aspen Community Development Department CASE NUMBER 0047.2008.ASLU PARCEL ID NUMBER 2735 12 4 46 801 / 2737 07 3 31 851 PROJECT ADDRESS 130 S. Galena Street PLANNER Chris Bendon CASE DESCRIPTION .Code Amendments - RMF Replacement Program REPRESENTATIVE City of Aspen DATE OF FINAL ACTION 10/14/08 CLOSED BY Angela Scorey ~c~c e.Q -~ 27 3S" 12 6 8 6 ~ ~~ ~ 2~3? o~ 3 ~ t ~ 51 __ - .w ~ ~ -~~ ~-~rJj~l - _ File Fdit Record Navigate Form Reports Format Tab Help - _ m .m ~ti _ P4afn Vakrakion I Custom Fields I Actions ~ Feed ~ Parcels ~ Fee Summary ~ Sub Permits ~ Attachments I Ro~,ting Status I Routing History ~ Permit Type = w Permit # 0047,2008,ASLU f i Address 130 S GALENA ST ~ Apt f Suite City ASPEN State CO Zip 81611 Permit Information::: _ _ ' j Masker Permit ~~ Routin ~ ~~ gQueue aslu07 Applied 1Dj14f2008 ~ i Project ~ Status pending Approued ~~~ ~ Description CODE AMENDMENTS - RMF REPLACEMENT PROGRAM Issued ~~ Final ~ ~ ~ ~ Submitted CITY OF ASPEN Clock Running Days ~ 0 Expires 1OJ09f2009 Owner. :: Last Name CITY OF ASPEN ~ First Name CITY HALL ~~~~ 130 5 GALENA ST ~ ~~ ASPEN CO 81611 i Phone ~` 1/ Owner Is Applicant? ' i' - ___- ~~ ~~ APPUcant ., ~ _ Lask Name CITY OF ASPEN ~~~ First Name CITY HALL ~~~ 130 5 GALENA ST ~ Phone ~- Cust # 28426 ~ ASPEN CO 81611 __ _ tender - Last Name ~~ ~ First Name Phone ~~-~4 ~ j __ _ ----- Enter the permd description AspenGold(bJ _I Record: 7 of 7 _ _ - __ loo ~e2~ Fee ~/cuiled ~l~o ~i(ll~ty ~, ~"'~ ~~~ MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director MEMO DATE: September 15, 2008 MEETING DATE: September 22, 2008 ~; Land Use Code Amendments - Multi-Family Replacement Program -Public Hearing Second Reading of Ordinance No. 22, Series of 2008. SUMMARY: Community Development staff is proposing amendments to the City's long-standing Multi- Family Housing Replacement Program to reinstate certain exemptions from the Program that were previously available to homeowners. During first reading, City Council requested options for further consideration. Those additional options are contained in Exhibit A. Staff is recommending adoption of the proposed amendments as presented. The Planning and Zoning Commission unanimously recommended approval of these code amendments. To the extent that additional exemptions are desired and can be easily incorporated into tonight's ordinance, staff recommends adoption of an amended ordinance at tonight's hearing. There are a few property owners anxious to proceed under staff s proposed exemptions. If there is not clear direction on the additional options presented, staff requests adoption of the proposed ordinance as it has been presented and holding further discussions at a future work session. BACKGROUND: Since the 1970s, the City of Aspen has attempted to regulate the loss of free-market housing that housed local working residents. The Multi-Family Replacement Program as we know it today originated in 1988 through Ordinance 47, Series of 1988 after City Council and City Planning Staff became concerned that the demolition of existing free-market residential dwelling units was resulting in the exclusion of working residents from the City's neighborhoods. The program regulates the combination and demolition of multi-family dwelling units and is triggered any time construction, remodeling, or demolition results in the loss of amulti-family unit. The program is one of the main reasons older multi-family buildings remain in Aspen's housing stock. There a few exemptions from this long-standing program that, in staff's opinion, were inadvertently dropped from the code. Staff is proposing to reinstate these exemptions. With respect to the definitions, staff views these as "clean-ups" of existing language as it has been `"''~ interpreted and applied in the past. Staff is supportive of these amendments, believing they comply with the criteria for code amendment. Prior to 2007, a homeowner could obtain an exemption from the Multi-Family Replacement requirements if they could prove that the multi-family dwelling unit(s) they wish to eliminate were never occupied by local worker. The language was vague with respect to the procedure and necessary documentation and staff would typically request an occupancy history of the units involved. Staff has proposed language to reinstate this exemption to "tourists units." The previous code also included exemption language that stated "Any RMF housing unit which is ordered demolished by a public agency, including the city, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Chapter." This exemption was unintentionally omitted from the revised code section in 2007. Staff has proposed language to reinstate this exemption. An exemption for "bandit units" has been applied through interpretation but has never been codified. This exemption stated that if a bandit unit was demolished, it was not subject to the provisions of the multi-family replacement program because it was never a legal multi-family unit. Staff has proposed language to codify this exemption. LAND USE REQUESTS AND REVIEW PROCEDURES: Staff is requesting the following from City Council: • Determination if a lication to amend code text meets Standards of Review pursuant to Land Use Code Chapter 26.310.040 Standards of Review. RECOMMENDATION: Staff recommends approval of this Ordinance as presented or as amended with one or more of the presented options. Because a few property owners have been waiting for adoption of staff's proposed exemptions, staff would suggest any extensive further analysis be done after adopting the exemptions as presented. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Ordinance No. 22, Series of 2008 [with the following amendments ... ]" ATTACHMENTS: A -Options for amendments to the Ordinance B - "Pre-moratorium" replacement program C -Letter received by staff `` ORDINANCE 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 of multi-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 hearing. 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 Section 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing Section 26.104.100 - Definitions, as described herein; and, WHEREAS, during a duly noticed public hearing on July 22, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections 26.575.020 - Calculations and Measurements; 26.575.040 -Yards., 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 Ordinance No. 22, Series of 2008. Page 1 `rrrf 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 welfare. 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 standards 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. WHEREAS, the amendments to the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. Text bein added to the code is underlined red and looks like this. De1~'~ Text being deleted from the --'- code is located in the margin and looks ----------- ------------- ------------------ --- ---- -------- --- ---- ---- -------- -------- ------- like this. 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 Ordinance No. 22, Series of 2008. Page 2 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.) Ordinance No. 22, Series of 2008. Page 3 1 Requirements for Combining Demolishing Converting, or Redevelopin 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. 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 Ordinance No. 22, Series of 2008. Page 4 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 Demolishinz~ Affordable Multi-Family Housing 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 housin deed restriction on the affected units be brought into compliance with the current Guidelines of the Aspen/Pitkm County Housin Authority and to the satisfaction of the Crtv Attorney. Ordinance No. 22, Series of 2008. Page 5 a ; 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 replacement 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, regardless 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 a reement The agreement shall be reviewed and approved Ordinance No. 22, Series of 2008. Page 6 ~'i 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 followm~ types of devel~ment involving.~Multi-Family Housm~ Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Trtle: a The r~lacement 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. To be exempted, the replacement development shall be an exact replacement of the previous number of units bedrooms and square footaz~e and in the same configuration The Community Development Director maY approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current buildin~~ codes• improve accessibility' to conform to zoning, des~,n standards or other regulatory requirements of the City, or to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development (Also see Chapter 26 312 - Nonconformrties. Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful chance pursuant to theprocedures and requirements of this Section. Formatted: Bullets and Numbering Ordinance No. 22, Series of 2008. Page 7 b The demolition of Multi-Family, Housing Units by order of at.--~~-~ Formatted: Bullets and Numbering public agency including,. but not limited to the Crtv of Aspen for reasons of~reservin~ the life health, safety or general welfare of the~ublic. 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 occu anc records leases affidavits or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a workin¢ resident All other requirements of this Trtle shall still apply including zoning, growth management, and buildin c~ odes. d The demolition combining, conversion replacement, or redevelopment of Multi-Family Housing Units which were illegally created also known as "Bandit Unrts"). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title mcludm~ zomn~, growth mans ement and building codes. Replaced or redevelo ed Bandit Units shall be deed restricted as Resident Occupied affordable housing pursuant to the Guidelines of the Aspen/Pitkin CountYHousin~ Authority. t_____-- Formatted: Indent: Left: 0.25" 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 area demolition, see Section For the method of determining 26.575.020(E), Measurement of Ordinance No. 22, Series of 2008. Page 8 C demolition. Demolition shall also include the removal of a -- Deleted: or dwelling unit in a multi-family or mixed-use building, its_ -.-- conversion to nonresidential use or any action which penetrates demisin walls or floors between Multi-Family Housing Units if Deleted:. such action is undertaken to combine the units._,___ (See__Chapter_ _-___~ Deletedashallalsoconstitute 26.530, Residential multi-family replacement program.) aemo~ition - Deleted: ¶ Dwelling. A stmcture or portion thereof, intended and used as a shelter in which a _ --__ P P P erson or eo le reside and sleep Dwelling,_ detached residential. A residential structure__consisting__ ___,_ ~,~,.Dwel,;„g,aaached -- - --- ---- - - -------- ------------------ residenha4 A residential dwelling whit of a single dwelling with open yards on all sides, excluding mobile is physically connected to one or more other dwellings or buildings on one or homes. Also known as a Single-Family Home or a Single-Family moresides.¶ Residence. Dwelling, duplex. A residential building on a single lot or parcel --- Deleted: attached units 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 . Deleted: /ceiling 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 --- Deleted: d (3) or more attached Dwelling_Units_in_either an_over-and-under or ;.; Del : u side by side confi uration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, that may include accessory_use facilities - --- peletEd:with but including townhomes, ~__ ___ ___ ,__ _ ___________ _ _______-_____ -- .. limited to an office, laundry, recreation facilities and off-street Deleted: d parking used by the occupants. One (1) or more Dwelling_Units_ _._'_ Deleted.n located within aMixed-Use building__ shall also__be considered__ a __ _ __ Deleted: n office, retail or service multi-family dwelling. The term "multi-family dwelling" also commercial includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more - ~1~,, d Detached Residential Units where permitted_b~ the Zone District. --::~ - Deletes: dwelling - ---------------------- ~-- ----------- --- ------------ -- _, Deleted. u Dwelling unit. A structure or~ortion thereof intended and used as__ __._ Deleted:Asepazatelyenterableronm or combination of rooms a shelter in which a person or people reside and sleep which Ordinance No. 22, Series of 2008. Page 9 contains a kitchen and bathroom and which is designed for or_used_...-' De1~` ~`e F------ 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 , De1~,; and which meetsUnifotm Building Code requirements for light and access to a bathroom.. _______________________________-~-~ ventilation. 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. Sect= 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Sect= 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 shall be held on the 22°d 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. Sect= This ordinance shall become effective thirty (30) days following final adoption. Ordinance No. 22, Series of 2008. Page 10 INTRODUCED, READ AND ORDERED PUBLISHED as ~rovided by law, by the City Council of the City of Aspen on the 11 day of August, 2008. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 2008. Michael C. Ireland, Mayor day of Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance No. 22, Series of 2008. Page 11 C ~ Exhibit A City Council requested staff develop some additional options for consideration. Following are suggested options organized from simple, minor amendments to fundamental changes to the program. The italicized text is suggested code language to add to the proposed ordinance. Option 1. The addition of an exemption providing for non permanent penetrations of demising walls. The normal course of remodeling, utility upgrades, etc. often affects demising walls and staff recommends this additional exemption be added. Any development action involving demising walls or floors/ceilings that is necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi- Family Housing Units. Option 2. Introduction of a timeframe in the categorization of a unit as a tourist unit. The current regulation applies to a unit which has ever in its history housed a working resident. This is a very rigorous requirement, but has been at the core of the program for the past 20 years. This would be an amendment of proposed exemption c as highlighted below. 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 for a minimum of ten (10) years. 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. Option 3. The addition of an exemption providing for wholesale reconfiguration of adjacent units. This would allow, for example, two adjacent two-bedroom units to be redeveloped as aone-bedroom unit and athree-bedroom unit without triggering any of the replacement requirements. The rebuilding or reconfiguration of demising walls or floors/ceilings between adjacent units including substantial changes to the .size, layout, number of bedrooms, or other aspects of the individual units such that the total number of units is not affected. Option 4. The addition of an exemption allowing for the combination of units in exchange fora "minimal" deed restriction on the resulting unit. This was discussed at ~"'~ rr,r' first reading as a way to observe the original premise of the program - to maintain local housing opportunities -while recognizing the desire for units to be combined. The combining of adjacent Multi-Family Housing Units if the newly created unit is deed restricted to occupancy by full-time residents of Pitkin County. The deed restriction shall be acceptable to the City Attorney and shall be recorded prior to issuance of a building permit. Option 5. Reversion to the pre-moratorium replacement requirements. This system allowed for the total demolition and replacement ofmulti-family buildings as free-market unit as long as the units were not expanded - an exact replacement system. In the system, if units were expanded, housing mitigation was required. The prior system did not address unit combining any differently than today's program. Please see Exhibit B. Staff would need to re-work the proposed ordinance. Option 6. The addition of an exemption allowing for the "temporary" combination of units with a requirement to divide the units in the future. This was also discussed at first reading as a way to observe the original premise of the program - to maintain local housing opportunities -while recognizing the immediate needs of locals. Staff does not support this option. The combining of adjacent Multi-Family Housing Units if the newly created unit shall be required to be divided and returned to the previous multiple unit configuration if ever sold to part-time residents of Pitkin County. The deed restriction shall be acceptable to the City Attorney and shall be recorded prior to issuance of a building permit. Option 7. The addition of an exemption allowing for the combination of units. This could include some limitation on how many units could be combined. The combining of adjacent Multi-Family Housing Units. Or, The combining of no more than two (2) adjacent Multi-Family Housing Units. This exemption shall be allowed only once per unit, cumulatively. Option 8. The elimination of the program in its entirety. The current validity of the program was questioned during first reading. Staff continues to believe the program provides benefit in maintaining a broad range of housing choice. [Section 1 of the ordinance] Section 26.470.040.5 -Reserved. ~` h~~~ the basis upon which exemption is claimed, and such additional documentation as may be required by the Community Development Director in order to establish the exemption. If the Community Development Director is satisfied that the dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A Certificate of Compliance or Certificate of Exemption shall be obtained prior to the submission of a building permit. D. Form of Certificate. A Certificate of Compliance or Exemption shall be in a form approved by the Community Development Director. The Certificate shall constitute a Development Order issued pursuant to Section 26.304.070, Development Orders. (Ord. No. 40-2002; OrdNo. 51-2003, §1) 26.530.040 Housing Replacement Requirements. A. One-Hundred Percent Replacement - No Expansion. In the event of the demolition of free- market resident multi-family housing, the owner shall have the option to construct replace- ment housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be re- placed with like-type units (i.e. each one-bedroom unit is replaced with cone-bedroom unit, each two-bedroom unit is replaced with atwo-bedroom unit, etc.). Studio units may be re- placed with either studio or one-bedroom units. The project's total net livable area may not be expanded. When this one-hundred (100) percent standard is accomplished with no expansion of the project's total net livable area, the replacement housing shall not be required to be deed restricted as affordable housing. One-Hundred Percent Replacement -Unit Expansion. In the event of the demolition of free-market resident multi-family housing, the owner shallhave the option to construct re- placement housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with aone-bedroom unit, each two-bedroom unit is replaced with atwo-bedroom unit, etc.). Studio units may be replaced with either studio or one-bedroom units. The project's total net livable area may be expanded if a portion of the project, commensurate with the percentage of net livable space expansion, is deed restricted according to the Aspen/Pitkin County Affordable Housing Guidelines. The required amount of units, bedrooms, and net livable area to be deed restricted as affordable housing shall be no less than the percentage of the project's net livable area ex- pansion over the existing development. Affordable housing meeting this requirement shall be deed restricted in accordance with the requirements of section 26.530.050, Resale Restrictions (below). No more than 50% of the original project's units, bedrooms, and net livable area shall be required to be replaced as affordable housing. (For example: a project replicating an existing unit/bedroom mix for which the aggregate net livable space is increased by 15 per- cent shall include affordable housing equal to 15 percent of the original units, bedrooms, and City of Aspen Land Use Code. June, 2005 Part 500, Page 49 C ~ net livable area.) A project both increasing and decreasing individual units sizes for which no aggregate expansion of the project's net livable area occurs shall incur no affordable housing requirement. When this expansion and replacement percent standard is accomplished with af- fordable housing commensurate with the expansion of net livable space, the remaining units replaced on-site shall not be required to be deed restricted as affordable housing. B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi- family housing and replacement of less than one-hundred (100) percent of the number of pre- vious units and bedrooms as described above, the owner shall be required to construct re- placement housing consisting of no less than fifty (50) percent of the number of units, fifty y (50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net ~tV~~I,~ -residential- area demolished. The replacement housing meeting this requirement shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below). The remaining units replaced on-site shall not be required to be deed restricted as affordable housing. C. Location of Replacement Housing. Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the City Council determines that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maxi- mum number of units on-site which the City Council determines that the site can accommo- date and may replace the remaining units off-site, at a location determined acceptable to City Council. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to issuance of a Cer- tificate of Compliance for the original parcel. Replacement units may be redeveloped on a separate parcel which is part of amulti-parcel Planned Unit Development that includes the original parcel. In this case, the location of rede- velopment units, both free-market and affordable, shall be determined by the City through adoption of a Final PUD Plan, pursuant to Chapter 26.445. D. Cash-in-Lieu Payment. When the owner's affordable housing replacement requirement of this section involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be determined by the Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing Guidelines. E. Timing and Quality of Replaceme~:t Units. Any replacement units required to be deed re- stricted 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 re- developed free-market units, regardless of whether the replacement units are built on-site or off-site. Replacement units required to be deed restricted as affordable housing shall contain fixtures, finish, and amenities required by the Affordable Housing Guidelines of the As- pen/Pitkin County Housing Authority. City of Aspen Land Use Code. June, 2005 Part 500, Page 50 e THE PEOPLES REPUBLIC OF ASPEN Warning to all property owners in the City of Aspen: The city has a scheme whereby every property in the City will be taken from you and put into the affordable housing pool -without the City paying for it. Its call the "Demolition or Redevelopment of Multi-Family Housing." Ordinance and is contained in section 26.470.040.5 of the Aspen Land Use Code. The City Staff and the City know full well that as properties age every single one over time will need to be replaced -it's just a natural fact that buildings have a finite useful life - no matter how well they are maintained. With the bulk of the multi -family properties (more than 2 units - essentially all condos and town homes in the City) built in Aspen during the 1960's and 1970's, how long will they last? Over the next 10-30 years, most will need to be replaced and redeveloped. This is where the City's scheme comes in -the Ordinance requires that when the units are redeveloped, that they be converted to affordable housing. That's right- you redevelop your Unit and it becomes an affordable housing unit and you can no longer live there -it's given to someone that qualifies for the affordable housing program. No compensation for the property owner - just a flat out taking of your property without paying for it. If more than 40% of the project is "demolished", it's considered a "redevelopment" that subjects the property to the Ordinance. Now the City is proposing expanding the definition of "demolition "of the project. This is a calculated attempt by the City to make your condo unit an "affordable housing" unit for even minor remodels -again without paying for it! ENOUGH IS ENOUGH! What started out as the most generous "affordable housing" program in the United States through the funding provided by the Real Estate Transfer Tax, has now turned into a socialist state whereby the affordably housed city staffers and city council members confiscate your property without paying for it in violation of the Constitution of the United States. If you don't think that you are affected because you own a single family house or duplex, think twice. When will the Ordinance be changed to come after your property? How much will you end up paying (through your taxes) when the city loses a massive lawsuit for taking property without just compensation? Does every real estate broker in town have an obligation to disclose to every prospective buyer of an Aspen condo or townhouse that one day they will be faced with the choice of letting their complex deteriorate due to age or turning their unit over to the City for its affordable housing pool, without any compensation !!!!! Realtors' beware!!!! The City Staff s proposed change to expand this ordinance (Ordinance 22-Series of 2008) is about to be rubber stamped by the City Council on September 22, 2008. Pls attend or have Condo Assoc legal representation attend to express your grave opposition to this change!! We need City Council to take this Ordinance out of the City's land use code in its entirety! SHOW UP AND FIGHT FOR YOUR RIGHTS! .~.' . - . .L ~- ---- _~ ~ . _._ ___ ~ _ _ --- _ -r-w4f~~s _ _ _ ~"~°~'w _ _ __ --- -. _ _. _ _ ~ ~_ __ ,, . -~, t C ~~~ ~Jv ~ Cq~,G~- "~ ` ~~~h~~ ~~ ~~ A ~~~ ,~~` ? mil- ~~ '__ V " ~ /vim ~~r~r~cJ f ri.~( ~~~~~ ~, ~y '~;~ ~,~F ley p~ (~'G ~ s ~f ~~~~~ ~~ ~~ -~ tf~~%~ ~~ ~~° ~~~ ,. lw~~ ~~ ORDINANCE 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 of multi-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 hearing. 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 hearing 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 welfare. 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 standards 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 fords 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 Converting 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 Housing 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 replacement 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, regardless 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 architectural 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 of Multi-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 necessary 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 area. 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 Dwelling] 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 anover-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 term "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 separate, 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, Michael C. Ireland, City Cler ' Mayor FINALLY, adopted, passed and approved this 22 day of September, 2008. Attest: Kathryn ~: loch, City Cler Michael .Ireland, Mayor Approved as to form: ,_. r' /'~~ - City A tome Ordinance No. 22, Series of 2008. Page 7 v~~ b MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director MEMO DATE: August 4, 2008 MEETING DATE: August 11, 2008 ~; Land Use Code Amendments - Multi-Family Replacement Program First Reading of Ordinance No. Series of 2008. Second Reading scheduled for September 22"d SUMMARY: Community Development staff is proposing amendments to the City's Multi-Family Housing Replacement Program to reinstate exemptions from the Program that were previously available to homeowners. Since the 1970s, the City of Aspen has attempted to regulate the loss of free-market housing that housed local working residents. The Multi-Family Replacement Program as we know it today originated in 1988 through Ordinance 47, Series of 1988 after City Council and City Planning Staff became concerned that the demolition of existing free-market residential dwelling units was resulting in the exclusion of working residents from the City's neighborhoods. The program regulates the combination and demolition of multi-family dwelling units and is triggered any time construction, remodeling, or demolition results in the loss of amulti-family unit. The program is one of the main reasons older multi-family buildings remain in Aspen's housing stock. There a few exemptions from this long-standing program that, in staffls opinion, were inadvertently dropped from the code. Staff is proposing to reinstate these exemptions. With respect to the definitions, staff views these as "clean-ups" of existing language as it has been interpreted and applied in the past. Staff is supportive of these amendments, believing they comply with the criteria for code amendment. Prior to 2007, a homeowner could obtain an exemption from the Multi-Family Replacement requirements if they could prove that the multi-family dwelling unit(s) they wish to eliminate were never occ~ied by local worker. The language was vague with respect to the procedure and necessary documentation and staff would typically request an occupancy history of the units involved. Staff has proposed language to reinstate this exemption for "tourist units." The previous code also included exemption language that stated "Any RMF housing unit which is ordered demolished by a public agency, including the city, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Chapter." This ;~ '~rrr exemption was unintentionally omitted from the revised code section in 2007. Staff has proposed language to reinstate this exemption. An exemption for "bandit units" has been applied through interpretation but has never been codified. This exemption stated that if a bandit units was demolished, it was not subject to the provisions of the multi-family replacement program because it was never a legal multi-family unit. Staff has proposed language to codify this exemption. Staff is recommending adoption of the proposed amendments upon first reading. Second reading is scheduled for September 22"d. The Planning and Zoning Commission unanimously recommended approval of these code amendments at a recent public hearing. LAND USE REQUESTS AND REVIEW PROCEDURES: Staff is requesting the following from City Council: • Determination if application to amend code text meets Standards of Review, pursuant to Land Use Code Chapter 26.310.040 Standards of Review. STAFF COMMENTS: The enclosed Ordinance demonstrates code changes by using r°an~et~gl3s-to delineate removed code text and green underline to denote new code text. RECOMMENDATION: Staff recommends approval of this Ordinance upon first reading. CITY MANAGER COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Ordinance No. ?.Z ,Series of 2008, upon first reading." ' A Bandit Unit is defined as, "A dwelling unit or other structure developed or used in violation of the land use or building regulations in effect at the time of its construction." ORDINANCE No. 2Z (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 26.470.040.5 -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 hearing. 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 Section 26.470.040.5 - Demolition or Redevelopment of Multi-Family Housing Section 26.104.100 -Definitions, as described herein; and, WHEREAS, during a duly noticed public hearing on July 22, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections 26.575.020 -Calculations and Measurements; 26.575.040 -Yards., 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 welfare. 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 standards 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. , Series of 2008. Page 1 WHEREAS, the amendments to the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. T°°+ ~.°:~,~ r°~,°~,°a ;° r°a :~~;*~, . Text being added to the code is green with underline and looks like thic NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.470.040.5 -Demolition or Redevelopment of Multi-Family Housing, which section describes the provisions for redeveloping Multi-family Residential Dwelling Units, shall be amended as follows: 26.470.040.5 -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.) Ordinance No. , Series of 2008. Page 2 ~rr~ 1. Requirements for Combining, Demolishing, Converting, 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. 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 Housing 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 Ordinance No. , Series of 2008. Page 3 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 brou h compliance with the current Guidelines of the Aspen/Pitkin County Housing Authorit~d to the satisfaction of the City Attorney 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 replacement 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, regardless 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 insurin~pliance 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 conformance with any other provisions of this Title: Ordinance No. , Series of 2008. Page 4 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. 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 re ug latory requirements of the City; or, to provide other architectural 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 of Multi-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 maw 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 includin zg, oning=growth management, and buildin c 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 buildin cis. 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. 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 area. 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, wits conversion to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family Housing units independent of Ordinance No. , Series of 2008. Page 5 C ~ whether or not such action is undertaken to combine or rebuild the units or for an o purpose ; °''°" ~'°^ °^~~*~*••*° a°~°"*'°'~. (See Chapter 26.530, Residential multi-family replacement program.) ~..gllitrg: A ~ ° ^..~;^~ +~° °°~ ~~°~a°a ~a , ~°,a °r _., mot,°1+° „t,:,.t, ° °,-~^~ .,i° ,. ~;a° °.,a ~t°°,~ vn ~ ... ,..,..°..,...~. ....~.....b., .,. ,~.........b...,......~ .,.......° .,..._.,. Dwelling, detached residential. A residential structure consisting of a single dwelling with open yards on all sides, excluding mobile homes. Also known as aSingle-Family Home or a Single-Family Residence. Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2) °**°°''°a ••~~*~ 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 (I) story in height and ten (10) feet in length, or a common unpierced wall/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 Ddwelling Uunits, 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 r~~~-re*~R~~ °~°~°' building shall also be considered amulti-family dwelling. The term "multi-family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more Ddetached Residential a`.'~'•'~° U~tnits where permitted by the Zone District. Dwelling unit. z4~ep~tel3=eater-abl° ° -~•~~~°+'^~ ^~ r ~ A structure or portion thereof intended and used as a shelter in which a~erson or people reside and slee which contains a kitchen and bathroom and which pis designed for or used as an individual residence. Also known as a Dwelling. 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. ~~~' ••~'~~°'~ ~~°°+° T T~:~ ...~. 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 Ordinance No. , Series of 2008. Page 6 C be deemed a separate, 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 shall be 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. 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 l ld' day of August, 2008. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Michael C. Ireland, Mayor day of Attest: Kathryn S. Koch, City Clerk 2008. Michael C. Ireland, Mayor Approved as to form: City Attorney Ordinance No. ,Series of 2008. Page 7 • C] • • 26.530.010 Chapter 26.530 Sections: 26.530.010 26.530.030 26.530.040 26.530.050 26.530.060 26.530.070 RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM Purpose and intent. Application of Chapter. Certificate of compliance/exemption. Housing replacement requirements. Resale restrictions. Enforcement. 26.530.010 Purpose and intent. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those which aze affordable by its working residents. However, because of Aspen's attractiveness as a resort environment, acid because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings which currently provide resident housing for tourist and second home use. Such redevelopment results in the displacement of individuals and families. who are aYi integral part of the Aspen work force. Given the eztrernely higrl cost of and demand for mazket-rate housing, resident housing opportunities for' displaced worki~~g residents, which are now minimal; will continue to decrease. ° ~ " ' ' -~ h;a~re been long-st~.nding planning goals of the community. Achievement of these goals will serve to pxz~mote ~ so~;ia;l~~ aYici eco~7~smically balanced community, limit the number of individuals who face a long and s~sc~ietimes dangerous commute on-State Highway 82, reduce the air pollution ef- feces of comrrauting and prev~t~t exclusion_of working residents from the city's neighborhoods: In the Aspen ,4rea Community Plan the city has established a goal that affordable housing for work- ing residents be provided by both the public and private sectors. The city, through its housing des- ignee, has provided affordable housing both within and adjacent to the city limits. The private sec- tor has also provided affordable housing through the GMQS process. 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 busi- nesses and Aspen's tourist based economy, the city has found it necessary, in concert with other regulations, to adopt limitations on the demolition 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. 26.530.030 Application of Chapter. This Chapter shall apply to the demolition of any resident multi-family housing ("R1VIF housing"), as defined herein, in the City of Aspen or when two (2) or more ownerships of land, each of which contains one (1) or more detached residential or duplex units, is merged or otherwise combined into a project for the purposes of demolition and reconstruction of the units, excluding any cc~.aa~Ny cH,b °~ (Aspen 2/02) +/ .'.f 26.530.040 parcel consolidated as a Specially Planned Area (SPA). No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of this Title. The Community Development Department shall not issue a permit for the demolition of any multi-family dwelling unit unless the owner has obtained and presented to the Community Development Department either a certificate of compliance or a certificate of exemption issued in accordance with this Title. Any RMF housing unit which is or- ~~~ _ dered to be demolished by any public agency, including the city, as a result of damage caused by . ,` civil commotion or natural disaster shall not be subject to the terms of this Title. A certificate of compliance or a certificate of exemption shall be issued by the city's hausing designee only after the owner has complied with the provisions hereof. This Title shall not apply to the demolition or con- verted use of any RMF housing unit owned by the City of Aspen, the Aspen/Pitkin County Housing Authority, or any public development authority. 2b.530.040 Certificate of compliancelexemption. Any owner, as a condition of receiving a permit from the Community Development Depart- ment for the purpose of demolishing or enlarging any multi-family. dwelling unit, must first obtain a certificate of compliance or a certificate of exemption from the requirements of this Title. A. Certificate of complirance. In order to obtain a certificate of compliance, .the owner shall: _ ., . _:..: 1. Submit to the housing designee a statement, on a form to be provided by the_city, certifying _ . the ~~.~anzb~r of F~'1F housing units and bec~roorns to be lost as a result of demolition and the net residential area to be lUSt by the demolition. • - 2. +Nhe~e requrr~d;;s~cure,necESSazy Aar:d use approvals and permits for the replacement hous-. ing to be built on the sits of the uemolished or enlarged building or on such other location as ~ ~ '' may be approved: '- 3. 1=:xe~~t~te a. h;~usirg replaceri~cnt agreement setting forth the terms a~ad conditions upon which replacement. housing will be provided and either operated or sold, which: agreement shall be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the city. B. Certifzcate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit is exempt from the provisions of this Title, the basis upon which exemption is claimed, and such additional documentation as may be required. by the' housing designee in order to establish the exemption. If the housing designee is satisfied that the dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A certificate of compliance 'or certificate of exemption shall be obtained prior to the submission of a development application. 685 ~,+~~n avid 26.530.050 D. Appeals. Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal proce- dures set forth at Chapter 26.316. .~ 26.530.050 Housing replacement requirements. A. Minimum replacement requirement. In the event of the demolition of resident multi-family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The re- placement housing shall be configured in such a way as to replace fifty (50) percent of the bed- rooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of ~~~GU" the replacement housing shall be above natural grade. The replacement housing shall be deed re- stricted as affordable housing in accordance with the requirements of section 26.530.060, below. B. Location of replacement housing. Multi-family replacement units shall be developed on the same site on which den-iolition has occurred, unless the owner shall demonstrate that replacement of bN'51~., Ylj~~~ t,isiiiilii~ 5oiuaon aue to the site's physical constraints. When either of the above circum- stances result, the owner shall replace the maximum number of units on-site which the City Council c~;tcrmirics that the site Cain accommodate and inay replace the rernairiing units' off-site, within the ~s~jen lr•S, Uu~olztaz~ A~µa. i~'hen the owner;. housing replacement requirements involves a fraction..~~. ~t.'.d ~i~i i_ ~~~ri zE, Y,~ u ~,r~~ be ..provicled:.jo::met~t..~;ie fractional requireixz~ient orlyo ~Il~o`arii~aunt'af a s ~A.~1"i ln_~.~L ,l,a'~ "~. ,;~-r~~fsuted using the fc~rm~la set forth at Section 26°620.0'20. b`'l .. l ~P ~ ,s s rr~Is„,~ aj replacerr~r~t u.e~ilo R.eplacem~nt ~ni.ts shall b~' iivailable for occupancy ~~ t :1~ ~ '^• .: «i'.~ tai ~:~- ya ..~.iP •., K.'i^i~llnlt tSF tlr'L1 tH,.re,~ardl~ss~•:~f~arl-~ether-the re;~lacemen.t units are built on- ~= ~`:" ~~ ~, ~.~ d ~?~ .~f contain fixtures, ~it~ish and amenities required by the housing designee's ~` l~nf~ '~'~ ~'~~ eer~.'~;t:_ment'units are proposed to be built cuff--site; the ov~~ner shall be required to` "r~1~•, ; ;y~, a x,zr~~,a°rt gryr~ler approving th ;off-site d~vel^pineiit pribr tb ei ir1 c~?njun«~tion with ob- _ .iil.lib a dc.v~:opn~ent order approving redevelopment on the site on which demolition is proposed to taxe place. 26.330.Ou0 resale restrictions. Replacement units shall be "for-sale units" and shall be deed restricted in a form and substance compliant with the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Such deed restricted units may only be sold in compliance with the current Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. The owner may be entitled to select purchasers, subject to the aforementioned qualifications, with approval from the Aspen Pitkin County Housing Authority. (Ord. No. 55-2000, § 18) • c~p~n.4/Ol) 686 © ~ 26.104.100 Coffee roasting facility. A facility for the processing and packaging of coffee beans for the distri- bution which does not generally receive the public or engage in retail sales. Commercial kitchen. A commercial establishment producing or wholesaling prepared food items in which retail dispensing is prohibited. Commercial use. Land or a structure intended to support offices, retail, warehousing, manufactur- ing, commercial recreation, restaurant bar, or service oriented businesses, not including lodges or ho- tels. Commission. The City of Aspen Planning and Zoning Commission. Consignment retail establishment. A retail establishment in which the operator sells second- hand goods as a third party agent between the buyer and seller. Contiguous. The sharing of a common border at more than a single point, Lots, parcels, or boundaries maybe considered contiguous where separated by private rights-of--way, water courses, or water bodies situated between them. Cul-de-sac. A short local street ternlinating in a vehicular turnaround. Day care center. See "~:hild Care Center." (See Supplementary regulations-Child Care Center or Home, section 26.575.080.) Deck. An outdoor, ua,heated area appended to a living space but not intended for living. Demolition. To raze, disassemble, te2r down, or destroy fifty (50) percent or more of an existing Demolition, partial. To raze, disassemble, tear-down or destroy less than fifty (50) percent of an existing structure as measured by exterior surface wall area. Partial demolition shall constitute demoli- tion if intended or undertaken in sequence or periodically to ultimately raze, disassemble, or destroy fifty (50) percent or more of a structure. Density. The number of dwelling units or bedrooms per unit of land as permitted in the zone dis- trict. Design studio. A workshop primarily devoted to the design or representation of built form, land- scapes, consumer products, or graphic arts. Developer. A person or entity undertaking any development as authorized by this title. Development. The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of build- i'+ /~(p `~~~(~r~- 447 (Aspen 10/02) ~ ~ ~ 26.104.100 Recreation club. A building and associated land devoted to recreational use including, but not limited to, a golf, swimming pool or tennis clubhouse, an exercise room, aplayground/activity cen- ter; and which may include kitchen, bathing or toilet facilities, locker rooms or assembly halls. Recreational vehicle. A wheeled vehicle intended to provide temporary living accommoda- tions. Arecreational vehicle is either self-propelled, hauled, or towed by a noncommercial vehicle. Included in the term are units commonly referred to as travel-trailers, camper-trailers, trailer- coaches, motor homes, and pickup campers. A recreational vehicle is not a mobile home as defined in this chapter. Recycling center: A building or facility used for the collection and preparation of recyclable material for efficient shipment. Rehabilitation. To restore or return a substandard or dilapidatec:="building or structure to a habitable condition consistent with existing building codes and regulations. Relocation. The moving of a building or structure to a location on or off of the lot or parcel on which it is situated. Remodel. A construction project comprising revisions within or to elements of an existing- structure, as distinct from additions to an existing structure. Renovate. To upgrade an existing structure to a more contemporary and/or efficient- use Through repair and. alteration,~including making additions to the existing structure. Residential multi-family housing. A dwelling trait which has in its history ever housed a working resident and. which is located in a building in one of the following configurations: 1) r. rx~ulti-family residential building; _ , . 2) A mixed-use building; or 3) A detached building on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures containing three (3) or more detached residential units where permitted by the zone district. Resident Occupied (RO) unit. A dwelling unit which is limited by deed restriction or other guarantee running with the land to occupancy by qualified employees set forth in the housing guide- lines of the Aspen/Pitkin County Housing Authority. Residential use. Used or intended for use exclusively for dwelling purposes, but not including hotels or lodges. 457 (Aspen 10/02) . ~.:"~- --~2 C~ a) The propose its comply with the Guidelines Housing ority. A recommendation from the . Author' shall be required for this standard. T Aut ity may choose to hold a public hearin it: ~~.~.+, ~f,,tY'ie Aspen/Pitkin County pen/Pitkin County Housing spen/Pitkin County Housing the Board of Directors. b) ordable Housing required for mitiga ' n purposes shall be in the form of actual newly built units or buy-down nits. Off-site units shall be provided within the City of Aspen city lim' Units outside the city limits may accepted as mitigation by the C' Council, pursuant to 26.470.090.2. I e mitigation requirement is less t none full unit, acash-in-lieu payment y be accepted by the Planning d Zoning Commission upon a recom ndation from the Aspen/Pitkin Co ty Housing Authority. If the mitigation quirement is one or more units, act h-in-lieu payment shall require City Co cil approval, pursuant to Section X26.470.090.3. Required affordable ~ousing may be provided through a ix of these methods. ;~~ c) Each unit prow' ed shall be designed such that the finished floor level of fifty (50) percent r more of the unit's Net Livable Ares at or above Natural or Finished de whichever is higher. ,~' d) The pr osed units shall be deed restricted as =`~or sale" units and transferred to qua ' ed purchasers according to the Asp~n''/Pitkin County Housing Authority G delines. The owner may be entitled to select the first purchasers, subject to e aforementioned qualifications, wit approval from the Aspen/Pitkin Co y • Housing Authority. The deed re fiction shall authorize the Aspe tkin County Housing Authority or t City of Aspen to own the unit and r tit to qualified renters as defined in e Affordable Housing Guidelines est fished by the Aspen/Pitkin County H sing Authority, as amended. The proposed units ma e rental units, including but not limited to rental units owned by an employ or non-profit organization, if a legal instrument in a form acceptable to the ity Attorney ensures permanent affordability of the units. The City encou ges affordable housing units required~,for lodge development to be rental uni associated with the lodge operation ~d contributing to the long- term viabi ' of the lodge. Units ed by the Aspen/Pitkin County Ho ing Authority, the City of A~n, Pitki County, or other similar governor. tal or quasi-municipal agency shall not be subject to this mandatory "for-s 'provision. S. Demolition or Redevelopment of M~ilti-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 City of Aspen Land Use Code. August, 2007. Part 400, Page 135 o • 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 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, Converting, 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. 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 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 • City of Aspen Land Use Code. August, 2007. Part 400, Page 136 • 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 a Multi-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 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 Housing 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. 3. Fractional Unit Requirement. 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 • City of Aspen Land Use Code. August, 2007. Part 400, Page 137 requirement only, pursuant to Section 26.470.090.3. - Provision of Required Affordable Housing via aCash-in-Lieu Payment o 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 replacement 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, regardless 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 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. 26.470.080 Major Planning and Zoning Commission Applications: The following types of development shall be approved, approved with conditions, or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the General Requirements of Section 26.470.050. Except as noted, all Planning and Zoning Commission growth management approvals shall be deducted from the respective Annual Development Allotments and Development Ceiling Levels. 1. Expansion or New Commercial Development. The expansion of an existing commercial building or commercial portion of a mixed-use building or the development of new a commercial building or commercial portion of a mixed-use building shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on General Requirements outlined in Section 26.470.050. • City of Aspen Land Use Code. August, 2007. Part 400, Page 138 © O Commercial kitchen. A commercial establishment producing or wholesaling prepared food items • with no on-site consumption but which may have retail dispensing with no seating or wait service. Commercial Parking Facility. The use of a parcel or structure for the short-term parking of automo- biles as an independent commercial venture. Lease periods of less than one month shall constitute short-term parking and shall be considered Commercial Parking Facilities. Leasing ofoff-street parking spaces to tenants, guests, patrons, or the general public for periods of one month or more shall not constitute a Commercial Parking Facility. When the use of off-street parking spaces by tenants, guests, patrons, or the general public, is accessory to an on-site business or operation and is not an independent commercial venture, the parking shall not be con- sidered aCommercial Parking Facility. Commercial Parking Facilities may require conditional use approval or special review approval in some zone districts. Public parking facilities owned by a public agency shall be con- sidered "public uses." Commercial use. Land or a structure intended to support offices, retail, warehousing, manufactur- ing, commercial recreation, restaurant bar, or service oriented businesses, not including lodges or ho- tels. Commission. The City of Aspen Planning and Zoning Commission. Consignment retail establishment. A retail establishment in which the operator sells second- hand goods as a third party agent between the buyer and seller. Contiguous. The sharing of a common border at more than a single point. Lots, parcels, or boundaries may be considered contiguous where separated by private rights-of-way, water courses, or water bodies situated between them. Cul-de-sac. A short local street terminating in a vehicular turnaround. Day care center. See "Child Care Center." (See Supplementary regulations--Child Care Center or Home, section 26.575.080.) Deck. An outdoor, unheated area appended to a living space but not intended for living. Demolition. To raze, disassemble, tear down, or destroy forty percent (40°10) 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 area. For the method of determining demolition, see sec- tion 26.575.020(E), measurement of demolition. The removal of a dwelling unit in amulti-family or mixed-use building, or its conversion to non-residential use shall also constitute demolition. (See, Chapter 26.530, Residential Multi-Family Replacement Program.) Density. The number of dwelling units or bedrooms per unit of land as permitted in the zone dis- trict. • City of Aspen Land Use Code. August, 2007 Part 100, Page 16 0 0 Recreation club. A building and associated land devoted to recreational use including, but not • limited to, a golf, swimming pool or tennis clubhouse, an exercise room, a playground/activity center; and which may include kitchen, bathing or toilet facilities, locker rooms or assembly halls. Recreational Uses: The use of land or buildings for recreational uses such as park, playground, play field, golf course, skate board park, or similar uses. Recreational vehicle. A wheeled vehicle intended to provide temporary living accommodations. A recreational vehicle is either self-propelled, hauled, or towed by a noncommercial vehicle. Included in the term are units commonly referred to as travel-trailers, camper-trailers, trailer-coaches, motor homes, and pickup campers. A recreational vehicle is not a mobile home as defined in this chapter. Recycling center: A building or facility used for the collection and preparation of recyclable ma- terial for efficient shipment. Rehabilitation. To restore or return a substandard or dilapidated building or structure to a habit- able condition consistent with existing building codes and regulations. Relocation. The moving of a building or structure to a location on or off of the lot or parcel on which it is situated. Remodel. A construction project comprising revisions within or to elements of an existing struc- • ture, as distinct from additions to an existing structure. Renovate. To upgrade an existing structure to a more contemporary and/or efficient use through repair and alteration, including making additions to the existing structure. Residential multi-family housing. A dwelling unit which has in its history ever housed a working resident and which is located in a building in one of the following configurations: 1) Amulti-family residential building; 2) A mixed-use building; or 3) A detached building on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures containing three (3) or more detached residential units where permitted by the zone dis- trict. Excluded from this definition shall be single-family and duplex dwellings and dwelling units used ex- clusively as tourist accommodations by or nonworking residents. Resident Occupied (RO) unit. A dwelling unit which is limited by deed restriction or other guar- anteerunning with the land to occupancy by qualified employees set forth in the housing guidelines of the Aspen/Pitkin County Housing Authority. • City of Aspen Land Use Code. August, 2007 Part 100, Page 28 approval is required, whereby the supervisor must demonstrate the need of that agency to house another Emergency Worker in the Aspen area by requesting a formal approval with the Public Safety Council Housing Subcommittee (see Part I, Section 1, #8 and Part III, Section 6, Exceptions). Emplovee/pualified ResidentBuver - A person who is employed for an employer as defined below on the basis of a minimum of 1,500 hours worked per calendar year in Pitkin County, which averages 35 hours a week, 10 months a year; or 32 hours a week, 11 months a year, physically working in Pitkin County and must reside in the unit a minimum of nine (9) months out of the year. If self-employed, the worker must provide verification of the work done in Pitkin County. Employer (Pitkin County Employer) - A business whose business address is located within Aspen or Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin County a minimum of 1500 hours per calendar year for individuals, businesses or institutional operations located in Pitkin County. Emplovee (Non-Profit) - A person who works/ performs for a non-profit organization. Employees include artists, performers, musicians, organizers, bookkeepers, etc., but excluding construction workers. Non-profit organizations include any certified non-profit organization providing services to and located in Pitkin County. :_~ Generany, a "qualifying relative" is an individual who: (a) is a child (including stepchild, adopted child, or eligible foster child), a sibling (including stepsiblings), the taxpayer's father or mother or an ancestor of either of them, a stepparent, a niece or nephew, an aunt or uncle, certain in-laws of the taxpayer, or an individual, other than a spouse, who resides in the principal abode of the taxpayer and is a member of the household; (b) has gross income in the relevant calendar year not exceeding the exemption amount ($3,200 for 2005); (c) receives more than half of his or her support for the year from the taxpayer; and (d) is not a qualifying child of any other taxpayer for the calendar year. In the case of divorced families with children, to obtain a bedroom, each child shall be used once for proving minimum occupancy. Should both parents enter the same lottery, the top winner only shall be allowed to purchase the unit; the other parent shall be able to use the children} to obtain one additional bedroom only. The parent may request a Special Review to purchase a unit that has more than two bedrooms. Disabled Person - See definition for Handicap. Dormitory - A structure or portion thereof under single management that provides group sleeping accommodations for occupants in one (1) or more rooms for compensation. Standards for use, occupancy, and design of such facilities shall be approved by the APCHA. See Part III, Sec. 4. Emergency Worker - An employee or volunteer (on call 24 hours/day, 7 days a week for human, life threatening emergencies) of a community based organization that provides on-scene assistance giving personal care to victims, including, but not limited to the following: Fire Department Workers, Mountain Rescue, Sheriffs Deputies, Police Officers, Hospital Emergency Room Technicians, Social Service Workers (mental health and abuse case workers), Ambulance Drivers, Emergency Medical Technicians, Communications Dispatchers through the Sheriffs Office or Police Department, etc. Emergency Service Department Head Emplovee Dwelling Unit -This is a deed- restricted unit that is required to be rented out. Also see the Pitkin County Land Use Code, Section 3-150-120. Emplovee Housing - See definition for Affordable/Employee Housing. Aspen/Pitkin County Affordable Housing Guidelines AMENDED/APPROVED 01/08 Page 56 of 68 ~~+'~s r • Chapter 26.530 RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM Sections: 26.530.010 Purpose and intent. 26.530.020 Application of Title. 26.530.030 Certificate of compliance/exemption. 26.530.040 Housing replacement requirements. 26.530.050 Resale restrictions. 26.530.060 Enforcement. 26.530.070 Appeals 26.530.010 Purpose and Intent. 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 ef- fects of commuting and prevent exclusion of working residents from the city's neighborhoods. In the Aspen Area Community Plan the city has established a goal that affordable housing for work- ing residents be provided by both the public and private sectors. The city, through its housing des- ignee, has provided affordable housing both within and adjacent to the city limits. The private sec- tor has also provided affordable housing through the GMQS process. 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 busi- nesses and Aspen's tourist based economy, the city has found it necessary, in concert with other regulations, to adopt limitations on the demolition 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. 26.530.020 Application of Chapter. This Chapter shall apply to the demolition of any resident multi-family housing ("RMF housing"), as defined herein, in the City of Aspen, excluding any parcel consolidated as a Specially Planned • Area (SPA). City of Aspen Land Use Code. June, 2005 Part 500, Page 47 • o olition of a RMF Housin Unit shall include any development • For the purposes of this Chapter, dem g action which constitutes Demolition, as defined, and also any action which penetrates demising walls or floors between RMF Housing Units or which converts a RMF Unit to anon-residential use, independent of whether or not such action is undertaken to combine or rebuild the units~or for any other purpose. No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of this Chapter. The Community Development Department shall not issue a permit for the demolition of any multi- family dwelling unit unless the owner has obtained either a certificate of compliance or a certificate of exemption issued in accordance with this Chapter. A certificate of compliance or a certificate of exemption shall only be issued by the Community Development Director if the applicant has com- plied with the provisions of this Chapter. 26.530.030 Certificate of compliance/exemption. Any applicant, prior to applying for a building permit from the Community Development Depart- • ment for the purpose of demolishing any multi-family dwelling unit, must first obtain a certificate of compliance or a certificate of exemption from the requirements of this Chapter. A. Certificate of Compliance. In order to obtain a certificate of compliance, the owner shall: 1. Submit to the Community Development Director a statement, certified by the City of Aspen Zoning Officer, declaring the number of RMF housing units, bedrooms, and the net residen- tial area to be affected by demolition. 2. Where required, secure necessary land use approvals and development orders for the project to be developed on the site of the demolished building or on such other location as may be approved. 3. Execute a housing replacement agreement with the City of Aspen setting forth the terms and conditions upon which any replacement housing required by this Chapter shall be devel- oped, which agreement shall be in a form acceptable to the City Attorney. The agreement shall burden the property and be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the City. B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit(s) is exempt from the provisions of this Section, • City of Aspen Land Use Code. June, 2005 Part 500, Page 48 • ~ the basis upon which exemption is claimed, and such additional documentation as may be • required by the Community Development Director in order to establish the exemption. If the Community Development Director is satisfied that the dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A Certificate of Compliance or Certificate of Exemption shall be obtained prior to the submission of a building permit. D. Form of Certificate. A Certificate of Compliance or Exemption shall be in a form approved by the Community Development Director. The Certificate shall constitute a Development Order issued pursuant to Section 26.304.070, Development Orders. (Ord. No. 40-2002; Ord No. 51-2003, § 1) 26.530.040 Housing Replacement Requirements. . A. One-Hundred Percent Replacement - No Expansion. In the event of the demolition of free- market resident multi-family housing, the owner shall have the option to construct replace- ment housing consisting of no less than one-hundred (100) percent of the number of units and ,.--~~ one-hundred (100) percent of the number of bedrooms demolished. The units shall be re- ~ placed with like-type units (i.e. each one-bedroom unit is replaced with aone-bedroom unit, ~~~~~'''~~ ~ each two-bedroom unit is replaced with atwo-bedroom unit, etc.). Studio units may be re- • placed with either studio or one-bedroom units. The project's total net livable area may not be expanded. When this one-hundred (100) percent standard is accomplished with no expansion of the project's total net livable area, the replacement housing shall not be required to be deed restricted as affordable housing. ~ - One-Hundred Percent Replacement -Unit Expansion. In the event of the demolition of free-market resident multi-family housing, the owner shall have the option to construct re- placement housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with aone-bedroom unit, each two-bedroom unit is replaced with atwo-bedroom unit, etc.). Studio units may be replaced with either studio or one-bedroom units. The project's total net livable area may be expanded if a portion of the project, commensurate with the percentage of net livable space expansion, is deed restricted according to the Aspen/Pitkin County Affordable Housing Guidelines. The required amount of units, bedrooms, and net livable area to be deed restricted as affordable housing shall be no less than the percentage of the project's net livable area ex- pansion over the existing development. Affordable housing meeting this requirement shall be deed restricted in accordance with the requirements of section 26.530.050, Resale Restrictions (below). No more than 50% of the original project's units, bedrooms, and net livable area shall be required to be replaced as affordable housing. (For example: a project replicating an existing unit/bedroom mix for which the aggregate net livable space is increased by 15 per- cent shall include affordable housing equal to 15 percent of the original units, bedrooms, and City of Aspen Land Use Code. June, 2005 Part 500, Page 49 l' net livable area.) A project both increasing and decreasing individual units sizes for which no • aggregate expansion of the project's net livable area occurs shall incur no affordable housing requirement. When this expansion and replacement percent standard is accomplished with af- fordable housing commensurate with the expansion of net livable space, the remaining units replaced on-site shall not be required to be deed restricted as affordable housing. B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi- family housing and replacement of less than one-hundred (100) percent of the number of pre- vious units and bedrooms as described above, the owner shall be required to construct re- placement housing consisting of no less than fifty (50) percent of the number of units, fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net jw~~;~ .~esiderrtial- area demolished. The replacement housing meeting this requirement shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below). The remaining units replaced on-site shall not be required to be deed restricted as affordable housing. C. Location of Replacement Housing. Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the City Council determines that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maxi- mum number of units on-site which the City Council determines that the site can accommo- • date and may replace the remaining units off-site, at a location determined acceptable to City Council. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to issuance of a Cer- tificate of Compliance for the original parcel. Replacement units may be redeveloped on a separate parcel which is part of amulti-parcel Planned Unit Development that includes the original parcel. In this case, the location of rede- velopment units, both free-market and affordable, shall be determined by the City through adoption of a Final PUD Plan, pursuant to Chapter 26.445. D. Cash-in-Lieu Payment. When the owner's affordable housing replacement requirement of this section involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be determined by the Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing Guidelines. E. Timing and Quality of Replacement Units. Any replacement units required to be deed re- stricted 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 re- developed free-market units, regardless of whether the replacement units are built on-site or off-site. Replacement units required to be deed restricted as affordable housing shall contain fixtures, finish, and amenities required by the Affordable Housing Guidelines of the As- pen/Pitkin County Housing Authority. City of Aspen Land Use Code. June, 2005 Part 500, Page 50 . ~,,,r, -t~anw~.. r~to.~,'o'~' 'Zan -03 mow ' Chapter 26.530 • RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM Sections: 26.530.010 Purpose and intent. 26.530.020 Application of Title. 26.530.030 Certificate of compliance/exemption. 26.530.040 Housing replacement requirements. 26.530.050 Resale restrictions. 26.530.060 Enforcement. 26.530.070 Appeals 26530.010 Purpose and Intent. ' 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. reservation of the housing inventory and provision of have been long-standing planning goals of the community. face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution ef- fects of commuting and prevent exclusion of working residents from the city's neighborhoods. In the Aspen Area Community Plan the city has established a goal that affordable housing for work- ing residents be provided by both the public and private sectors. The city, through its housing des- _ , ignee, has provided, affordable housing both within and adjacent to he ,city limits,,,The ,private. ,sec-._ ...._._..._ _ ._...._ _.._..... for has also provided affordable housing through the GMQS process. 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 busi- nesses and Aspen's tourist based economy, the city has found it necessary, in concert with other .regulations, to adopt limitations on the demolition 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. 26.530.020 Application of Chapter. This Chapter shall apply to the demolition of any resident multi-family housing ("RMF housing"), as defined herein, in the City of Aspen, excluding any parcel consolidated as a Specially Planned Area (SPA). • 38 dispersed housing opportunities in Aspen ~ ~ • No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of this Chapter. The Community Development Department shall not issue a permit for the. demolition of any multi- family dwelling unit unless the owner has. obtained either a certificate of compliance or a certificate of exemption issued in accordance with this Chapter. A certificate of compliance or a certificate of exemption shall only be issued by the Community Development Director if the applicant has com- plied with the provisions of this Chapter. 26.530.030 Certificate of compliance/exemption. Any applicant, prior to applying for a building permit from the Community Development Depart- ment for the purpose of demolishing any multi-family dwelling unit, must first obtain a certificate • of compliance or a certificate of exemption from the requirements of this Chapter. A. Certificate of Compliance. In order to obtain a certificate of compliance, the owner shall: 1. Submit to the Community Development Director a statement, certified by the City of Aspen Zoning Officer, declaring the number of RNIF housing units, bedrooms, and the net residential area to be affected by demolition. __.__.._ _.._._._. _____.,_____2_ ---Where required;~~secure-necessaxyiand-txse`approvals-arid development orders for the ~" "~"~-~"~"~ project to be developed on the site of the demolished building or on such other location as may be approved. 3. Execute a housing replacement agreement with the City of Aspen setting forth the terms and conditions upon which any replacement housing required by this Chapter shall be' developed, which agreement shall be in a form acceptable to the City Attorney. The agree- ment shall burden the property and be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the City. B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit(s) is exempt from the provisions of this Section, • 39 o ~ • • the basis upon which exemption is claimed, and such additional documentation as may be required by the Community Development Director in order to establish the exemption. If the Community Development Director is satisfied that the dwelling umt is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A Certificate of Compliance or Certificate of Exemption shall be obtained prior to the submission of a building permit. D. Form of Certificate. A Certificate of Compliance or Exemption shall be in a form approved by the Community Development Director. The Certificate shall constitute a Development Order issued pursuant to Section 26.304.070, Development Orders. (Ord. No. 40-2002; Ord No. 51-2003, §1) 26.530.040 Housing Replacement Requirements. A. One=Hundred Percent Replacement = No Expansion. In the event of the demolition of free- . market resident multi-family housing, the owner shall have the option to construct replace- ment housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished: The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with aone-bedroom unit, each two-bedroom unit is replaced with atwo-bedroom unit, etc.). Studio units may be replaced with either studio or one-bedroom units. The project's total net livable area may ;, • not be expanded. When this one-hundred (100) percent standard is accomplished with no '' expansion' of the project's total 'net livable area, the replacement housing shall not be re- quired to be deed restricted as affordable housing. One-Hundred Percent Replacement -Unit .Expansion. In the event of the demolition of free-market resident multi-family housing, the owner shall have the option to construct re- placement housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with aone-bedroom .. .... _. _ .._.____ ..~._.__.. unit, each two-bedroom"unit is replaced ~witYi -a two=bedroom -unit; ~etc~)-- Studio units maybe " ~ - __...,._ _. __.. ___.. replaced with either studio or one-bedroom units. The project's total net livable area maybe expanded if a portion of the project, commensurate with the percentage of net livable space expansion, is deed restricted according to the Aspen/Pitkin County Affordable Housing Guidelines. The required amount of units, bedrooms, and net livable area to be deed re- stricted as affordable housing shall be no less than the percentage of the project's net livable area expansion over the existing development. Affordable housing meeting this requirement shall be deed restricted in accordance with the requirements of section 26.530.050, Resale Restrictions (below). No more than 50% of the original project's units, bedrooms, and net livable area shall be required to be replaced as affordable housing. (For example: a project replicating an existing unit/bedroom mix for which the aggregate net livable space is in- creased by 15 percent shall include affordable housing equal to 15 percent of the original units, bedrooms, and net livable area.) A project both increasing and decreasing individual • 40 C units sizes for-which no aggregate expansion of the project's net livable area occurs shall in- cur no affordable housing requirement. When this expansion and replacement percent star- • lord is accomplished with affordable housing commensurate with the expansion of net liv- able space, the remaining units replaced on-site shall not be required to be deed restricted as affordable housing. B. Fifty Percent Replacement. In the event of the demolition of free-market resident multi-family housing and replacement of less than one-hundred (100) percent of the number of previous units and bedrooms as described above, the owner shall be required to construct replace- ment housing consisting of no less than fifty (50) percent of the number of units, fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net resi- dential area demolished. The replacement housing meeting this requirement shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below). The remaining units replaced on-site shall not be required to be deed restricted as affordable housing. C. Location of Replacement Housing. Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the City Council determines that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning 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 City Council determines that the site can accommodate and may replace the remaining units off-site, at a location determined accept- • able to City Council. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to issuance of a Certificate of Compliance for the original parcel. Replacement units may be redeveloped on a separate parcel which is part of amulti-parcel Planned Unit Development that includes the original parcel. In this case, the location of re- development units, both free-market and affordable, shall be determined by the City through adoption of a Final PUD Plan, pursuant to Chapter 26.445. D. Casla-in-Lieu Payme~zt. When the owner's affordable housing replacement requirement of this section involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash-in-lieu shall be determined by the Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing Guidelines. . E. Timing and Quality of Replacement U~aits. Any replacement units required to be deed re- stricted 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, regardless of whether the replacement units are built on-site or off-site. Replacement units required to be deed restricted as affordable housing shall con- taro fixtures, finish, and amenities required by the Affordable Housing Guidelines of the Aspen/Pitkin County Housing Authority. • 41 ~ ~~ ~~~~ 5 ~~ ~~ • r~ ''~~,wr l•~z'~ wall and roof area above t"uushect grace aciu a~~~~,µ~.,.. »~~-----~ - structural integrity of such wall and roof area• FOTh eremoval of a dwelling unit in amulti-family tion 26.575.020(E), measurement of demolition or mixed-use building, or its conversion to non-resided tement Program.) constitute demolition. (See, Chapter 26.530, Residential Multi-Family Repl artial. To raze, disassemble, tear down or destroy less than fifty (50) percent of an Demolition, p existing structure as measured by exterior surface wall area. Partima el1Oraze, disassemble~or destoy tion if intended or undertaken m sequence or periodically to ul Y fifty (50) percent or more of a structure. si .The number of dwelling units or bedrooms per unit of land as permitted in the zone dis- Den ty trict. Design studio. A workshop primarily devoted to the design or representation of built form, land- scapes, consumer products, or graphic arts. , evelo er. A erson or entity undertaking any development as authorized by this title. D p p Development. The use or alteration of land or land uses and improvements dnllinsa (excepting to limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, b obtain soil samples or to conduct tests) or the construction, ere dl or~the detos t or fill inlpreparabonlor adin excavation, clearmb of lan , P ings or structures; or 3}the gr g, anticipation of future development, but excluding landscaping. ~- development. Development order. A written authorization issued pursuant enth lan. See Common De e op- a to an approved site specific developm p ( take development accordinb ment Review Procedures--section 26.304.070 Development Orders.) A buildin , or portion thereof, providing group sleeping accommodations in one Dormitory. g ( pp aulations--section 26.575.160, room, with shared bath and toilet facilities. See Su lementary Reb Dormitory). Dwelling. A structure, or portion thereof, intended and used as a shelter in which a person or peo- . ple reside and sleep. 15 Deck. An outdoor, unheated area appended to a living space but not intended for living. emodel. A construction prof ect comprising revisions within or to elements of an existing struc- '• R tore, as distinct from additions to an existing structure. To u grade an existing structure to a more contempor~'y and%or efficient use through Renovate. pb structure. repair and alteration, including making additions to the existing Q unit which has in its history ever housed a work- - Residential multi-family housing. A dwellinb in resident and which is located in a building in one of the following configurations: g 1) Amulti-family residential building; ident Occupied (RO) unit. A dwelling unit which is limited by deed restrictio Q guideline s of Res b ualified employees set forth in the housinb b antee running with the land to occupancy y q the Aspen/Pitkin County Housing Authority. e. Used or intended for use exclusively for. dwelling purposes, but not including Residential us hotels or lodges. t. A commercial eating and drinking establishment where food is prepared and served Restauran lementary Regulations--section 26.575.180, indoors for consumption on or off premises. (See Supp - Restaurant). etail use. Commercial land use intended for sale-or d3stributzon~f preduc~s Or~se~'~eS~t°. e __ R general public for profit. _ Reverse-corner lot. A corner lot bounded on three sides by streets. designated or reserved for travel, passage, Right-of-way. A strip or other area of land specificalersons other than, or in addition to, the land- and/orthe installation of utilities or other similar uses by p _ owner. . Roominghouse. Same as- Boardinghouse." classification or designation under which cer- SpeciallyPlanned Area (SPA). A zoning overlay ict re ulations may be varied to encourage design flexibility and mixed uses. (See Chap- tainzone distr g ter 26.440). 25 2) A mixed-use building; or ched building on a property listed on the Aspen Inventoheref eirmitted b ~ one disc 3) A deta and Structures containing three (3) or more detached residential units w p tTlct. _ ~~ ____L.. ..nol~ PY. ~~ 20.04.010 Chapter 20.04 INTRODUCTION AND APPLICATION OF PROVISIONS Sections: 20.04.010 Title. 20.04.020 Purpose and intent. 20.04.030 Application of title. 20.04.010 Title. This regulation shall be called and maybe referred to as the "Resident Multi-Family Housing Replacement Program" or the "Replacement Program." (Ord. No. 1-1990, § 1: Code 1971, § 18-1.1) 20.04.020 Purpose and intent. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those which are 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, which now provide 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 longstanding 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. In its Housing Master Plan, the city has established a goal that affordable housing for working residents be provided by both the public and private sectors. The city, through its housing designee, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing through the GMQS process. Nevertheless, as a result of the replacement of resident housing with second homes and tourist accommoda- tions, and the steady increase in the size of the workforce required to assure the continued viability of Aspen _ M area businesses and Aspen's tourist based economy, the city has found it necessary, in concert with other ~~•." regulations, to adopt limitations on the demolition 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. (Ord. No. 1-1990, § 1: Code 1971, § 18-1.2) '~ ~ 20.04.030 Application of title. i! This title shall apply to the demolition of any resident multi-family housing ("RMF housing', as defined ` ~'~ herein, in the City of Aspen or when two (2) or more ownerships of land, each of which contains one (1) ~ or more detached residential or duplex units, is merged or otherwise combined into a project for the purposes of demolition and reconstruction of the units, excluding any parcel consolidated as a Specially Planned Area (SPA). No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificaxe of exemption in accordance with the provisions of this title. The building department shall not issue a permit for the demolition of any multi-family dwelling unit unless the owner has obtained 283 20.04.030 ~ o and presented to the building department either a certificate of compliance or a certificate of exemption issued in accordance with this title. Any RMF housing unit which is ordered to be demolished by any public agency, _---a --- ---~ to the terms of this title. A certificate of compliance or a certificate of exemption shall be issued by the city's housing designee only after the owner has complied with the provisions hereof. This title shall not apply to the demolition or converted use of any R1vIF housing unit owned by the City of Aspen, the Aspen/Pitkin County Housing Authority, or any public development authority. (Ord. No. 1-1990, § 1: Code 1971, Ch. 18, Art. II) ~~~,-.w~l~i.~~l ~,~' ~~ • 284 O 'l 20.08.010 Chapter 20.08 GENERAL PROVISIONS Sections: 20.08.010 Definitions. 20.08.020 Certificate of compliancelexemption. ~, ~L;~f•.~ 20.08.030 Housing replacement requirements. ~ ~ ~ rG~'r, 20.08.040 Rental and resale restrictions. T"~~~rr~+~N•• 20.08.050 Enforcement. ~iA 20.08.010 Definitions. (a) Resident multi-family housing and/or resident multi-family housing unit shall mean any multi-family dwelling unit, as defined in section 26.04.100 of the Aspen Land Use Regulations, which has historically been occupied by working residents. RMF housing does not include asingle-family or duplex dwelling unit or any multi-family dwelling unit which has been exclusively utilized as a tourist accommodation or occupied by an owner who does not meet the definition of a working resident since the time of its initial occupancy. (b) Housing replacement agreement shall mean the agreement between the city and the owner on forms to be provided by the city which contain the terms by which such owner shall be deemed in compliance with this title. (c) Net residential area shall mean the total number of square feet of living space in a building based upon the interior dimensions of each dwelling unit within such building and excluding stairwells, halls, lounges, and other common azeas. (d) Owner shall mean any person, firm, partnership, association, joint venture, corporation, or change of use of any affordable housing unit The word "owner" shall also include agents and other persons acting on the owner's behalf. (e) Rented or rental shall refer to occupancy of an affordable housing unit pursuant to a lawful rental agreement, either oral or in writing. (Ord. No. 1-1990, § l: Code 1971, § 18-3.1) 20.08.020 Certificate of compliance/exemption. Any owner, as a condition of receiving a permit from the building department for the purpose of demolishing or enlarging any multi-family dwelling unit, must first obtain a certificate of exemption from the requirements of this title. (a) Certificate of compliance. In order to obtain a certificate of compliance, the owner must: (1) Submit to the housing designee a statement, on a form to be provided by the city, certifying the number of RMF housing units and bedrooms to be lost as a result of demolition and the net residential azea to be lost by the demolition. (2) Where required, secure necessary land use approvals and permits for the replacement housing to be built on the site of the demolished or enlarged building or on such other location as may be approved. (3) Execute a housing replacement agreement setting forth the temps and conditions upon which replacement housing will be provided and either operated or sold, which agreement shall be recorded in the records of ~ the clerk and recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the city. 285 (Aspen 5/~6) 20.08.020 ~ O (b) Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit is exempt from the provisions of this title, the basis upon which exemption is claimed, and such additional documentation as may be required by the housing designee in order to establish the exemption. If the housing designee is satisfied that the dwelling unit is exempt from the provisions of this title, a certificate of exemption shall be issued. (c) Appeals. Any person aggrieved by a decision of the housing designee in the administration of this title may appeal such decision to the Aspen City Council. (Ord. No. 1-1990, § 1: Code 1971, § 18-3.2) 20.08.030 Housing replacement requirements. (a) Minimum replacement requirement. In the event of the demolition of resident multi-family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 20 08 040 below. C ~! tia~ ~~ (b) Location of replacement housing. Multi-family replacement units shall be developed on the same .~ site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due 7 t ~, 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 city council determines that the site can accommodate and may replace the remaining units off-site, within the City of Aspen or the Aspen Annexation Area, as defined within the Aspen Area Comprehensive Plan: Annexation Element, 1988. When the owner's housing replacement requirements involves fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. (c) Timing and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on-site or off-site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to or in conjunction with obtaining a development order approving redevelopment or the site on which demolition is proposed to take place. (Ord. No. 1-1990, § 1: Code 1971, § 18-3.3) 20.08.040 Rental and resale restrictions. Replacement units shall be subject to deed restriction in a form and substance acceptable to the city council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate and middle income, or resident occupied, may be determined by the owner, provided that no less than twenty (20) percent of the bedrooms qualify as low income and no more than twenty (20) percent of the units are available as resident occupied units. (Ord. No. 1-1990, § 1: Code 1971, Ch. 18, Art. IV) (,4sprn 5196) 286 ` ~ • ~ 20.08.050 20.08.050 Enforcement. (a) No person, firm, or corporation, shall violate or cause another to violate any provision of a deed restriction executed for the benefit of the City of Aspen or the city's housing designee in compliance with this chapter, including, but not necessarily limited to, deed restrictions executed to meet the Aspen/Pitldn County Housing Authority's Affordable Housing Guidelines in accordance with section 26.28.110 (affordable housing); section 26.40.090 (accessory dwelling units); or as part of an agreement for a specially planned area, planned unit development, or subdivision; or for a development allotment granted pursuant to the Aspen area Growth Management Quota System. For purposes of this subsection (a), a violation of any provision of a deed restriction shall constitute a separate offense with respect to each tenant or prospective tenant involved. (b) No person, firm, or corporation, shall intentionally or negligently misrepresent the provisions of this chapter or the terms of a deed restriction executed for the benefit of the City of Aspen or the City's housing designee, with respect to the nature or use of land, including without limitation, permitted uses, zoning district designations, occupancy limitations, provisions of deed restrictions, and status of development thereon. (c) The owner, tenant, and occupant of a structure or land and the agents of each of them are jointly and severally liable for any violation of this chapter with respect to such structure or land. (d) Any person, firm, or corporation, violating any provision of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment, for each offense. (e) The city attorney shall institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this chapter when it occurs. The same right of action shall also accrue to any • property owner, tenant, or prospective tenant, who may be especially damaged by any violation of this chapter. Any penalty provided in this section shall not preclude the City of Aspen or an affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this chapter. a All remedies provided for in this section are cumulative, are not exclusive, and shall be in addition to any other remedies provided by law. (Ord. No. 45-1995, § 2) 286-1 c~~ s~~ . ~ ~ - • ~ 26.04.100 Building envelope is that area on a lot which encompasses all development including but not limited to excavation, fill, grading, storage, demolition, structures, building heights, decks, roof overhangs, porches, patios and terraces, pools, any areas of disturbance, access ways and parking. Approved plantings of landscape materials on natural grade and approved walkways and driveways .may occur outside of a building envelope. Otherwise, all areas outside of a building envelope shall remain in pristine and untouched condition unless approved by the Community Development Director. For purposes of site specific development plans, building envelopes may be established to restrict development to protect slopes, important vegetation, water courses, privacy or other considerations. Building envelopes shall be described on recorded plats, site specific development plans, ordinances, resolutions, and building permit site plans. Building permit means that permit outlined in Section 26.52.070. Character means the density, height, coverage, setback, massing, fenestration, materials, and scale of materials. H, Historic Overlay District, historic landmark development guidelines, and Residential Design Standards shall be established to give further explanation of the qualities that compose character. Commercial bakery means a bakery in which there is permitted the production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited. Commission means the City of Aspen Planning and Zoning Commission, as established in Chapter 26.12. Compatible means consistent with, harmonious with,, similar to and/or enhances the mixture of complimentary architectural styles, either of an individual structure or the character of the surrounding structures. Contiguous means a sharing of a common border at more than a single point of intersection and in such a manner that the shared boundaries are touching and not separated except by boundaries or private rights-of--way, watercourses or water bodies, or other minor geographical chapters of similar nature running parallel and between the shared boundaries. Contiguity is not the mere touching of points at intersections. Cul-de-sac means a short local street terminating in a vehicular turnaround. Day care center means a facility that provides regular supervision and-care for periods of less than twenry- four (24) hours per day to six (6) or more children under the age of sixteen (16) years who are not related to the owner or operator thereof, which is licensed, as required, by the Colorado Department of Social Services. A day care center shall provide one off-street parking space per employee, a child loading/unloading area of adequate dimensions, preferably off-street, and adequately sized indoor and outdoor play areas and shall maintain minimum hours of operation of 7:30 a.m. to 5:30 p.m. from Monday through Friday. A facility which provides regular supervision and care of fewer than six (6) children per day shall be considered a family day care home, and shall be allowed as an accessory use, subject to the following: A. If the family day care home is developed in conjunction with a residential use, it shall meet the requirements of a home occupation. B. If the family day care home is developed in conjunction with an institution or business, it shall be limited to use by the children of the employees or guests of that institution or business and shall provide one off-street parking space. structure remains in place. Renovation shall not be considered demolition. The removal of a dwelling unit in amulti-family structure shall be considered demolition. Density means the maximum number of dwelling units per area of land permitted in a zone district, as set forth in Chapter 26.28. ~`i i/ ~~ 445 ~' ~,G' ~~~ ~~i~ f+~G/~ c~~ ioi9s~ -~ ~S~. C J y .~ ~ s ~ .: a i 'a~~ ~~ ~ ~ -s '~ ~s -~ ~ s v ~L ' a o -~ s ~ Y M a ~ }" r I 2 ~ ~ 3 ~/ Cf s y ~ .' ~ ~~~ _3 s x .~0 .~ ~ ~~r r- a ~ ~ 1~ 3 ~, Y Y I~ ~.r ~ ~ d !\ .~ N ~ ` a D J r ~ ~ M N 3 gM w J S- ~ ~ a~ ~_ it / ~ ~.d i ~ ~ I J ~ =n ~ s ..~ , .. ~~ ~r ~ ~. Kathryn Koch From: william plucker [terracedrive@comcast.net] Sent: Monday, September 22, 2008 4:33 PM To: Mick Ireland; Dwayne Romero; Jack Johnson; Steve Skadron; Public_Comment Subject: Ordinance #22 Letter: Mayor Ireland and City Council Members, Please choose OPTION EIGHT in Exhibit A of the proposed Land Use Code Amendments of Ordinance #22: "The elimination of the program in its entirety." We are specifically referring to the Exhibit A, OPTION 8 prepared by Staff, (NOT Section 8 of the Ordinance). We understand that this law has been on the books many years, and not strictly enforced because of the vague language in the past, which is proposed to change to some extent. We object to a number of things about the proposal, as well as the old, ineffective law. Despite City Staff's belief that the program provides benefit in maintaining a broad range of housing choice, it does not. * Housing is VERY important indeed, but the economics of this punitive and anachronistic measure will NOT create more housing - it will ultimately hurt housing. * This regulation likely will have the perverse result, causing condo owners and HOAs to preclude renting/selling to local workers to avoid tainting the units for future mitigation requirements. * Housing is currently funded by the RETT. A decline in the sale of aging units will further impact the already declining RETT revenues. * Condo purchasers already contribute to affordable housing through the RETT. To ask them for more is unreasonable. * Ordinance 22 will create complex disparity in condo valuations. Is this really the time to intentionally create MORE hardship in real estate lending? Affordable housing continues to be a need in Aspen, however the prohibitively expensive Multi-Family Replacement Program is NOT the answer. Thank you Name: william plucker Local address: 835 e durant unit II Email: terracedrive@comcast.net 1