HomeMy WebLinkAboutresolution.apz.003-10RESOLUTION N0.3,
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Ajaz Apartments LLC, represented Peter Fornell, requesting an Amendment to the
Text of the Land Use Code.; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for Amendment to the Text of the Land Use
Code, Section 26.470.070(4+5); and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended in favor of the
proposed Amendment to the Text of the Land Use Code; and,
WHEREAS, during a duly noticed public hearing on January 19, 2010, the
Planning and Zoning Commission approved Resolution No. 3, Series of 2010, by a six to
zero (6 to 0) vote, finding that the proposed Amendment to the Text of the Land Use Code
meets required standards of review; and,
WHEREAS, the Planning and Zoning Commission has reviewed and considered
the Amendment to the Text of the Land Use Code under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of
the Community Development Director, the applicable referral agencies, and has taken and
considered public comment; and,
WHEREAS, the Planning and Zoning Commission finds that the Amendment to
the Text of the Land Use Code meets or exceeds all applicable development standards and
that the Amendment to the Text of the Land Use Code is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Resolution Ngfi_, Series 2010
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Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby finds that the proposed Amendment
to the Land Use Code meets the required standazds of review.
Section 2: Amendment to Section 26.470.070(4), Affordable Housing, of the Land
Use Code
The changes in Section 2 add a new subsection that recognizes the allowance to receive a
Certificate of Affordable Housing Credit. Therefore, Section 26.470.070 (4), Affordable
Housing, is amended as follows:
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public heazing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits may be accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full
unit, acash-in-lieu payment may be accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. Required affordable housing may
be provided through a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units may be rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
Resolution No V ,Series 2010
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units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similar governmental or quasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
e. Affordable Housing Credit. Affordable housing units that are not required for
mitigation, but are developed or acquired and deed restricted after ---, 2010 (date
amendment is effective), are eligible to receive a Certificate of Affordable Housing
Credit. The rules and regulations for establishing and extinguishing a Certificate of
Affordable Housing Credit are provided in Chapter 26.540, Certificate of Affordable
Housing Credit.
Section 3: Amendment to Section 26.470.070 (51(1), requirements for combining.
demolishing, converting or redeveloping free-market multi-family housing units, of
the Land Use Code
The changes in Section 3 add a new subsection that recognizes the allowance to receive a
Certificate of Affordable Housing Credit if the property is developed with 100 percent
affordable housing. Therefore, Section 26.470.070 (5)(1), Affordable Housing, is amended
as follows:
Requirements for combining, demolishing, converting or redeveloping free-
market multi-family housing 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 4, Affordable housing, of this Section.
When this one-hundred-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 Paragraph 26.470.070.3, Expansion of free-market
residential units within amulti-family or mixed-use development.
Resolution NoJ_, Series 2010
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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 fify 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 Paragraph 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
affordable housing mitigation is provided pursuant to Paragraph 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 Paragraph 26.470.080.2, New free-
market residential units within amulti-family or mixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-
percent of the free-market multi-family housing units are demolished and are
solely replaced with deed-restricted affordable housing units on a site,
including any additional dwelling units, pursuant to Section 26.470.070.4,
Affordable Housing; all of the units in the redevelopment are eligible for an
affordable housing credit, pursuant to Section 26.470.070(4)e., Certificate of
Affordable Housing Credit. Any unused development right shall be restricted
to the future development of additional affordable housing, which would also
be eligible for an affordable housing credit.
Section 4: Amendment to Section 26.470.060 (2)(c), affordable housing
requirements for single-family and duplex development, of the Land Use Code
The language in Section 4 permits affordable housing for asingle-family or duplex dwelling
to be mitigated through a Certificate of Affordable Housing Credit. Therefore, Therefore,
Section 26.470.060 (2)(c), Affordable Housing, is amended as follows:
c. Affordable housing requirements for the types ofsingle-family and duplex development
described above shall be as follows:
Single family. In order to qualify for asingle-family approval, the applicant shall have
five (6) options:
1)Providing anabove-grade, detached accessory dwelling unit (ADU) or a carriage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
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review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended;
5) Recording aresident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed; or
6) Providing the required full-time equivalents (FTEs) through the extinguishment of a
Certificate of Affordable Housing Credit, according to Aspen/Pitkin County Housing
Authority Guidelines, as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have seven (7)
options:
1) Providing one (1) free-market dwelling unit and one (1) deed-restricted resident
occupied(RO) dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1)above-grade, detached ADU or carriage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff--site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units;
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
7) Providing the required full-time equivalents (FTEs) through the extinguishment of a
Certificate of Affordable Housing, according to Aspen/Pitkin County Housing Authority
Guidelines, as amended.
Resolution No~, Series 2010
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Section 5• Creating a new chapter: 26.540, Certificate of Affordable Housine
Credit, of the Land Use Code
The language in Section 5 adds a new chapter of the land use code permitting certificates of
Affordable Housing Credit. Therefore, Chapter 26.540, Certificate of Affordable Housing, is
adopted as follows:
Chapter 26.540
CERTIFICATE OF AFFORDABLE HOUSING CREDIT
Sections:
26.540.010 Purpose
26.540.020 Authority
26.540.030 Application and fees
26.540.040 Procedures for establishing a certificate of affordable housing credit.
26.540.050 Authority of the certificate
26.540.060 Transferability of the certificate, contents of the grantor certificate
and grantee certificate
26.540.070 Extinguishment of the certificate.
26.540.010 Purpose.
Establishing a Certificate of Affordable Housing Credit provides another option for
meeting housing mitigation requirements. In particular, this mitigation method would
mean that affordable housing would be certified for occupancy at the time the mitigation
requirement is met, and before any development-related impacts are experienced by the
community.
26.540.020 Authority.
The Planning and Zoning Commission is authorized at a public hearing, meeting the
noticing requirements of Section 26.304.060 E, Public Notice, to approve, approve with
conditions, or deny an application for the establishment of a certificate of affordable
housing credit in the form of a resolution.
26.540.030 Application and fees.
All applications shall include the information required under Chapter 26.304, Common
Development Review Procedures. In addition, all applications shall also include the
following information.
A. Net Livable Area. The net livable square footage of each unit
B. Area Reductions. If applicable, the conditions under which reductions from net
minimum livable square footage requirements are requested according to Aspen/Pitkin
County Housing Authority Guidelines.
Resolution No,~, Series 2010
Page 6 oF8
C. Income Category. The proposed income category of each unit.
D. FTEs. The number of full-time equivalents (FTEs) housed by the units.
26.540.040 Procedures for establishing a Certificate of Affordable Housing
Credit.
A. Content and recording of the certificate. Once the reviewing board approves the
creation of affordable housing credits, a certificate can be established by the property
owner when a certificate of occupancy is issued for the affordable housing units. The
property owner shall provide proof of both the resolution approving the creation of the
affordable housing credits and the issuance of a certificate of occupancy to the
Community Development Department prior to the administrative issuance of a certificate
by the Community Development Director. The content of the Certificate of Affordable
Housing Credit shall include the following information.
1. Certificate number. A number on the certificate in chronological order of their
issuance.
2. Property description. A parcel identification number, legal address and the
street address.
3. FTEs. The number of full-time equivalents (FTEs) housed by the units.
4. Income category. The certificate shall note the income category the FTEs can
mitigate; a maximum of category 4.
B. Release of the certificate. Prior to release of a certificate by the Community
Development Director, a letter acknowledging receipt and acceptance of the certificate
shall be submitted to the Community Development Department.
26.540.050 Authority of the certificate
The certificate may be utilized in whole or in part, including fractions of no less than .1
of an FTE, to satisfy affordable housing mitigation requirements in accordance with other
applicable sections of this Title.
26.540.060 Transferability of the certificate, contents of the grantor certificate
and grantee certificate
A. Transferability. ACertificate of Affordable Housing Credit is legally transferable in
whole or in part in the form of FTEs, including fractions of FTEs.
B. Reissuance of certificate(s). When all or part of a certificate is transferred to a
recipient, the grantor certificate shall either be fully voided or amended to reflect the
Resolution No,~, Series 2010
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lesser number of FTEs remaining on the certificate, by following the procedures outlined
in subsection 26.540.040 A, Content and recording of the certificate, above.
26.540.070 Extinguishment of the certificate.
A. Commission/Council Approval. Upon approval of a land use application by City
Council or the Planning and Zoning Commission pursuant to Chapter 26.470, Growth
Management Quota System, the approving ordinance or resolution shall contain a
condition that extinguishes all or part of a Certificate of Affordable Housing Credit, if
applicable. An exhibit to be recorded with the ordinance or resolution shall include a
copy the certificate.
B. Administrative Approval. Upon administrative approval of a land use application
pursuant to Section 26.470.060, Growth Management Quota System, the resulting
Development Order shall include a condition that extinguishes all or part of a Certificate
of Affordable Housing Credit.
Section 6:
This Resolution 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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th
day of January, 2010.
APPROVED AS TO FORM:
_~_
James R. True, Special Counsel
PLANNING AND ZONING
COMMISSION:
Stan Gibbs, Chair
ATTEST:
ackie Lothran, Deputy City Clerk
Resolution NoJ_, Series 2010
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