HomeMy WebLinkAboutresolution.apz.005-11 RESOLUTION No. 05
(Series of 2011)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.430.030 SPECIAL REVIEW —
APPLICABILITY, 26.430.040 REVIEW STANDARDS FOR SPECIAL REVIEW,
AND 26.470.070.4 GROWTH MANAGEMENT QUOTA SYSTEM -
AFFORDABLE HOUSING.
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 review standards for
Affordable Housing Growth Management Review; 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 26.430.030
Special Review Applicability, 26.430.040 Review standards for Special Review,
26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for
Affordable Housing, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan which states the following: "new affordable housing projects
should reinforce and enhance a healthy social balance for our community and enhance
the character and charm of Aspen; "consideration should be given to minimize the
development footprint of all affordable housing projects without compromising the
appropriate density or the livability of the project "; and "create an affordable housing
environment that is appropriately scaled and distributed throughout existing and new
neighborhoods..."; and,
WHEREAS, during a duly noticed public hearing on February 15, 2011,
continued to March I, 2011, the Planning and Zoning Commission recommended that
City Council approve amendments to the text of Sections 26.430.030 Special Review
Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS -
Minor Planning and Zoning Commission applications for Affordable Housing, as
described herein, by a five — one (5 — 1) 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
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GMQS — Affordable Housing Code Amendment
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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 fords that this Resolution
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 being added to
the code is blue with underline and looks like this.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1: Section 26.430.030 – Special Review Applicability shall be amended as
follows:
Sec. 26.430.030. Applicability.
Special review shall apply to all development in the City designated for special review by
the following chapters or sections of this Title:
• Dimensional requirements (Chapter 26.710 — Zone Districts)
• Replacement of nonconforming structures (Chapter 26.312)
• Reduction of open space requirements in CC Zone District (Subsection
26.575.030.B)
• Off - street parking requirements (Section 26.515.040)
• Reductions in the dimensions of utility /trash service areas (Section
26.575.060)
• Subdivision standards (Section 26.480.050)
• Accessory Dwelling Unit Design Standards (Chapter 26.520)
• Wireless telecommunications facilities and/or equipment (Section
26.575.130)
• Affordable housing unit criteria regarding percentage of unit's net livable
required above grade (Section 26.470.070.4.c)
Section 2: Section 26.430.040 Review standards for special review shall be amended as
follows:
Sec. 26.430.040. Review standards for special review.
No development subject to special review shall be permitted unless the Planning and
Zoning Commission makes a determination that the proposed development complies with
all standards and requirements set forth below.
A. Dimensional requirements. Whenever the dimensional requirements of a proposed
development are subject to special review, the development application shall only be
approved if the following conditions are met.
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1. The mass, height, density, configuration, amount of open space, landscaping and
setbacks of the proposed development are designed in a manner which is
compatible with or enhances the character of surrounding land uses and is
consistent with the purposes of the underlying zone district.
2. The applicant demonstrates that the proposed development will not have adverse
impacts on surrounding uses or will mitigate those impacts, including but not
limited to the effects of shading, excess traffic, availability of parking in the
neighborhood or blocking of a designated view plane.
B. Replacement of nonconforming structures. Whenever a structure or portion thereof,
which does not conform to the dimensional requirements of the zone district in which the
property is located is proposed to be replaced after demolition, the following criteria shall
be met:
1. The proposed development shall comply with the conditions of Subsection
26.430.040.A above;
2. There exist special characteristics unique to the property which differentiate the
property from other properties'located in the same zone district;
3. No dimensional variations are increased, and the replacement structure represents
the minimum variance that will make possible the reasonable use of the property;
and
4. Literal enforcement of the dimensional provisions of the zone district would cause
unnecessary hardship upon the owner by prohibiting reasonable use of the
property.
C. Reduction of public amenity. Whenever a special review is conducted to determine
whether a reduction of the public amenity requirement is to be granted, it shall be
reviewed in accordance with the standards set forth at Section 26.575.030.
D. Off - street parking requirements. Whenever a special review is conducted to
determine a change in the off - street parking requirements, it shall be considered in
accordance with the standards set forth at Chapter 26.515.
E. Utility /trash service area. Whenever a special review is conducted to determine a
change in any utility /trash service area requirements, it shall be considered in accordance
with the standards set forth at Section 26.575.060.
F. Subdivision design standards. Whenever a special review is for development which
does not meet the subdivision design standards of Section 26.480.050, the development
shall be approved only when the conditions set forth at Section 26.480.050 have been
met.
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G. Accessory dwelling unit design standards. Whenever a special review is conducted to
determine a change in the design standards required for accessory dwelling units, it shall
be considered in accordance with the standards set forth at Subsection 26.520.080.D.
H. Wireless telecommunications facilities and/or equipment. Whenever a special review
is conducted to appeal the decision of the Community Development Director regarding a
proposed wireless telecommunications service facility or equipment or to determine a
proposed increase in the allowed height of a wireless telecommunications facility and/or
equipment, it shall be considered in accordance with the standards set forth in Paragraph
26.575.130.C.6, Wireless telecommunication services facilities and equipment. (Ord.
No. 44 -1999, §4; Ord. No. 5 -2000, §4; Ord. No. 1 -2002, §9; Ord. No. 52 -2003, §12; Ord.
No. 12, 2007, § §20, 21)
I. Affordable housing unit standards. Whenever a special review is conducted to
reduce the required percentage that the finished floor level of the unit's net livable
area is at or above natural or finished grade, whichever is higher, a recommendation
from the Housing Board and all of the following criteria shall be met:
1. The proposed affordable housing units are designed in a manner which exceeds the
expectations of the Aspen Pitkin County Housing Authority Guidelines, and
promotes the unit's general livability by demonstrating compliance with as many
of the following conditions as possible:
a. Significant storage, such as additional storage outside the unit.
b. Above average natural light, such as adding more window area than
the Building Code requires.
c. Net livable unit sizes exceed minimum requirement.
d. Unit amenities, such as access to outdoor space or private patios.
2. The proposed affordable housing units are designed in a manner that meets the
following criteria:
a. Compatibility with the character of the neighborhood.
b. Design is an appropriate response to unique site constraints, such as
topography.
Section 3: Section 26.470.070.4, Minor Planning and Zoning Commission applications
— Affordable Housing shall be amended as follows:
Sec. 26.470.070. Minor 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 26.470.110,
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, the following types of growth
management approvals shall be deducted from the respective development ceiling levels
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but shall not be deducted from the annual development allotments. Approvals apply
cumulatively.
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 hearing 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, a cash -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,
a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph
26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy
mitigation requirements by approval of the Community Development Department
Director, pursuant to Section 26.540.080 Extinguishment of the Certificate.
Required affordable housing may be provided through a mix of these methods.
(Ord. No. 6 — 2010, §4)
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. This dimensional requirement may be varied
through Special Review, pursuant to Section 26.430.
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
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rental 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. Non - Mitigation Affordable Housing. Affordable housing units that are not
required for mitigation, but meet the requirements of Section 26.470.070.4(a -d).
The owner of such non - mitigation affordable housing is eligible to receive a
Certificate of Affordable Housing Credit pursuant to Chapter 26.540. (Ord. No. 6
– 2010, §4)
FINALLY, adopted and approved this l day of March, 2011.
- , , 1
Stan Gibbs, Chairman
Attest:
ckie, Lothian, City Clerk
Approved as to form:
ames R. True, Special Counsel
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