HomeMy WebLinkAboutagenda.council.worksession.20090720MEMORANDUM
TO: Mayor Ireland and Aspen City Council ~~~~~-/~
FROM: Chris Bendon, Community Development Director r J""' `
MEETING DATE: July 20, 2009
RE: Multi-Family Replacement Program -Work Session
SUMMARY:
Last Fall City Council adopted a series of "clean-ups" to the Multi-Family Replacement
Program. During the hearings a series of options were presented to Council. Staff recommended
option #1 be adopted and it was. None of the other options were immediately pursued although
Council did indicate a desire to review the options in the future.
Since adoption, the projects that were waiting for the exemptions to be reinstalled have
proceeded. One project in pazticulaz, which staff determined was exempt from the replacement
requirements, also happened to be very similar to option #3. Staff is seeking direction on
pursuing additional amendments relative to option #3 and other options.
HISTORY c4[ BACKGROUND:
Since the 1970s, the City of Aspen has attempted to regulate the loss of free-mazket 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.
Over time, the program has become more and more restrictive. In 2005 the code allowed for the
replacement of multi-family units and buildings as long as the same number of units were
maintained - no mitigation for "replacement" was required. Mitigation for additional
development was required only for that increment of expansion.
In 2007 the code was again amended after a yeaz-long moratorium. The program was amended
to require mitigation at the point of demolition regazdless of the extent of expansion. And, the
mitigation standazds were substantially increased. The point at which actual "demolition" occurs
is a very technical exercise and often results in some frustration felt by property owners and staff
fielding questions about the "value" or "community purpose" of leaving a beam, section of wall,
section of roof, etc. This is heightened by the magnitude of mitigation due based on the
continued existence of a beam or wall.
In 2008, City Council adopted changes to reinstate a series of exemptions that had previously
been in the code but inadvertently dropped. These included exemption for units that had never
been occupied by a local working resident and units needing to be demolished due to effects of a
natural disaster. The code was also changed to exempt demolition of "bandit units." Exempting
the demolition of illegal units had been the long-standing practice of the City although never
actually codified.
Also in 2008, staff presented City Council with a series of "options" to consider and help
facilitate the discussion on amendments to the program. Council requested staff return at some
future date for further discussion on these options.
In eazly 2009, staff reviewed an application for interior remodeling. Demising walls between 5
units were being affected to accomplish a center hallway and an elevator for accessibility. Staff
had some questions about how "elective" the work was. The definition of demolition includes
the penetration of demising walls if the work is being done to combine the units. While maybe
temporarily "combined," the same number of units remained in essentially the same
configuration with no permanent combining of units. One of the exemptions added to the code
in 2008 exempts "normal upkeep, maintenance, and remodeling." While some of the work was
arguably elective, upgrades for accessibility, modern utilities, etc. happen on occasion as a
normal part of a capital improvement plan.
Staff found the project exempt, but also realized that the type of work being proposed largely
mimicked option #3 previously presented to City Council.
It should be noted that property owners continue to find frustration with this section of the code.
As motioned above, there often is a discussion of what is accomplished with leaving a wall
section or roof section.
Staff would like to initiate an amendment to the Replacement Program to install option #3.
The purpose of tonight's meeting is to:
1) Gain direction on pursuing Option #3; and,
2) Determine if there are other amendments to this section City Council would like
staff to draft.
ATTACHMENTS:
A -Current Replacement Program
B -Amendments Options
C - "Pre-moratorium" Replacement Program
T....
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a) The proposed units mply with the Guidelines
Housing Author' A recommendation from the
Authority sh e required for this standar
Authority ay choose to hold a public hear' with
~~etif ~
of e Aspen/Pitkin County
pen/Pitkin County Housing
Aspen/Pitkin County Housing
the Board of Directors. ~
b) Aff able housing required for miti on purposes shall be in the for factual
ly built units or buy-down un' Off-site units shall be prov' within the
ity limits. Units outside the ~ty limits may be accepted a ~tigation by the
City Council, pursuant to P graph 26.470.090.2. If the igation requirement
is less than one (1) fu nit, acash-in-lieu payme ay be accepted by the
Planning and Zonin ommission upon a recomm ation from the Aspen/Pitkin
County Housing horny. Ifthe mitigation r vement is one (1) or more units
a cash-in-lieu went shall require City C ncil approval, pursuant to Paragr
26.470.090.. Required affordable ho mg may be provided through a x of
these me ds.
c) Eac nit provided shall be ~gned such that the finished r level of fifty
p cent (50%) or more o e unit's net livable area is or above natural or
wished grade, whichev is higher.
d) The proposed uni shall be deed-restricted as ' r sale" units and transferr o
qualified pure ers according to the As /Pitkin County Housing. ority
Guidelines. e owner may be entitl o select the first purchas ,subject to
the afore ntioned qualifications nth approval from the Aspen/Pitkin County
Housi Authority. The deed riction shall authorize th~~Aspen/Pitkin County
Ho " ng Authority or the ' ~ to o~Jn the unit and re flit to qualified renters as
wed in the Afford Housing Guidelines e Iished by the Aspen/Pitkin
County Housing A, rity, as amended.
The propose its may be rental units cluding but not limited to rental s
owned by employer or nonprofit ganization, if a legal instrument ' form
accept a to the City Attorney res permanent affordability oft nits. The
Cit ncourages affordable sing units required for lodge opment to be
tal units associated wi a lodge operation and contri g to the long-term
viability of the lodge.
Units owned by Aspen/Pitkin County Hou Authority, the City of n,
Pitkin Coun r other similar government rquasi-municipal age s all not
be subjec this mandatory "for sale" ision.
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
City of Aspen Land Use Code
Part 400, Page 135
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 have 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 the 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.):
Requirements for combinine, demolishing converting or redeveloping free-
market multi-family housine units: Only one (1) of the following two (2) options
is required to be met when combining, demolishing, converting or redeveloping a
free-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 percent (100%) 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
Subsection 26.470.070.4., Affordable housing.
When this one-hundred percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
City of Aspen Land Use Code
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 Subsection 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 percent
(100%) 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 percent (50%) 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 Subsection 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development
on the site may be free-market residential development as long as additional
affozdable housing mitigation is provided pursuant to subsection
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 Subsection
26.470.080.2, New free-market residential units within amulti-family or
mixed-use project.
2. Requirements for demolishing; affordable multi-family housine units: In the event
a project proposes to demolish or replace existing deed-restrwted 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. (Ord. No. 22-2008, § 1)
3. Fractional unit reauirement. 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 Subsection 26.470.090.3, Provision of
required affordable housing via acash-in-lieu payment.
4. Location reauirement. Multi-family replacement units, both free-market and
affordable, shall be developed on the same site on which demolition has occurred,
City of Aspen Land Use Code
Part 400, Page 137
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. Timine 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
noncompliance. 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
before an application for a demolition permit may be accepted by the City. (Ord.
No. 22-2008, § 1)
7. Growth management allotments. The existing number of free-market residential
units, prior to demolition, may be replaced exempt from growth management,
provided that 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 Subparagraph 4, Location requirement. (Ord. No.
14-2007, §1)
8. Exemptions. The Community Development Director shall exempt from the
procedures and requirements of this Section the following types of development
~,~I, ;~ involving Multi-Family Housing Units. An exemption from these replacement
*lv~ requirements shall not exempt a development from compliance with any other
~tJ provisions ofthis Title (Ord. No. 22-2008, §1):
a) The replacement of Multi-Family Housing Units after non-willful demolition
such as a flood, fue, 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.
(Ord. No. 22-2008, §1)
City of Aspen Land Use Code
Part 400, Page 138
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. (Ord. No.
22-2008, §1)
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. (Ord. No. 22-2008, §1)
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. (Ord. No. 22-2008, §1)
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
"~ 1" Units shall be deed restricted as Resident Occupied affordable housing,
pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority.
(Ord. No. 22-2008, §1)
S e) Any development action involving demising walls or floors/ceilings
necessary for the normal upkeep, maintenance, or remodeling of adjacent
Multi-Family Housing Units. (Ord. No. 22-2008, §1)
Sec. 0.080.Major Plan and Zoning Commission ap ations.
ollowing types of opment shall be approved, a ed with conditions or denied by
e Planning and Z g Commission, pursuant to Se n 26.470.060, Procedures for revi
above and the eria for each type of develop t described below. Except as not ,all
growth ma ement applications shall compl with the general requirements ection
City of Aspen Land Use Code
Part 400, Page 139
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-teen parking of
automobiles as an independent commercial venture. Lease periods of less than one (1) month
shall constitute short-term parking and shall be considered commercial parking facilities.
Leasing of off-street parking spaces to tenants, guests, patrons or the general public for periods
of one (1) 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
considered a commercial 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 considered "public uses."
Commercial use. Land or a structure intended to support offices, retail, warehousing,
manufacturing, commercial recreation, restaurant bar or service oriented businesses, not
including lodges or hotels.
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, pazcels 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 -Section
26.575.080, Child care center or home.)
Deck. An outdoor, unheated azea appended to a living space but not intended for living.
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 amulti-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 ofMulti-Family Housing) (Ord. No. 22-2008, § 2) ,_
Density. The number of dwelling units or bedrooms per unit of land as permitted in the Zone
District.
City of Aspen Land Use Code
Part 100, Page 16
Exhibit B
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
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 asfree-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 C.
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. S -Reserved.
~r~~. G
~~
Chapter 26.530 ~/y~/
RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM ~~J ~~
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 ofcommuting 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
For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any development
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.
Any RMF housing unit which is ordered 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 Chapter. The City Council, at their discretion, may exempt non-profit agencies or organiza-
tions from 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.
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
net livable azea.) A project both increasing and decreasing individual units sizes for which no
aggregatc expansion of the project's net livable azea occurs shall incur no affordable housing
requirement. When this expansion and replacement percent standazd 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-mazket 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 squaze footage of net ~~V~Nw
aesidentiarazea 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-mazket units, regardless of whether the replacement units aze 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
F. Growth Management Replacement Credits. The existing number of free-mazket residential
units, prior to demolition, may be replaced exempt from growth management. The redevel-
opment credits shall not be transferable separate from the property unless permitted as de-
scribed above in subparagraph C. Free-mazket residential units in excess of those originally on
the parcel shall be subject to growth management, Chapter 26.470. The affordable residential
units required to be developed shall be exempt from growth management, provided the units
conform to the requirements of this Chapter. Additional affordable dwelling units shall be
subject to growth management, Chapter 26.470.
(Ord. No. 40-2002 § 2 (part), 2002)
26.530.050 Resale/Rental Restrictions.
Replacement units required to be deed restricted as affordable housing shall be "for-sale units" and
shall be deed restricted in a form and substance consistent 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 afore-
mentioned qualifications, with approval from the Aspen/Pitkin County Housing Authority.
Replacement units required to be deed restricted as affordable housing shall be allowed to be rental
units if a legal instrument, in a form acceptable to the City Attorney, shall guazantee their perma-
nent affordability in accordance with the Aspen/Pitkin County Affordable Housing Guidelines. No
resale or rental restrictions shall apply to free-mazket replacement units.
26.530.060 Enforcement.
Any person who violates any provision of this Chapter including violation of any provision of a
deed restriction executed for the benefit of the City of Aspen or the Aspen/Pitkin County Housing
Authority shall be liable to the criminal and/or civil penalties and remedies set forth at Section
26.104.040.
26.530.070 Appeals.
An applicant aggrieved by a decision of the Community Development Director in the administra-
tion of this Section may appeal such decision to the Aspen City Council in accordance with the ap-
peal procedures set forth at Chapter 26.316. An applicant aggrieved by a determination made by
the City Council, pursuant to this Section, may appeal the decision to a court of competent jurisdic-
tion.
(Ord. No. 51-2003, §1)
City of Aspen Land Use Code. June, 2005
Part 500, Page 51