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HomeMy WebLinkAboutcoa.lu.ca.AH GMQS criteria 0002.2011<::!-, GA n FERIA C�1 THE CITY OFASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0002.2011.ASLU NO PARCLE ( CODE AMENDMENT) 130 S. GALENA ST DREW ALEXANDER CODE AMENDMENT AH GMQS CRITERIA CITY OF ASPEN 5.24.11 CLOSED BY ANGELA SCOREY ON: 06.7.11 00cp-�I� File Edit Record Navigate Form Report Format Tab Help '� a► - Clear Routing Status Fees Fee Summary I Man Actions Attachments Routing History Valuation ArchJEng Custom Fields Sub Permits Parcels C3 Pemrt typp aslu Aspen Land Use Ppj # 0002.2011.ASLU N _ Address 130 S GALENA A0h $ City ASPEN �pte rp 81611 P X Perms lnform&r D c Master permit Routing queue aslu0l Appel 1 M 9I2011 z Project Status pending Approved peso ptron CODE AMENDMENT AH GMQS CRITERIAIssued Final Submitted CITY OF ASPEN Clock Running Days ❑0 Expres 1 M 4f?012 Submitted via Owner Last name CITY OF ASPEN First name ITY HALL 130 S GALENA ASPEN CO 81611 Phone O Address Applicant 2 Owner is applicant? Contractor is appkani? Last name OF ASPEN Fnt nppre FZ F Phone �Cust# T89 Address Lender Last name First name Phone () Address Displays the permit lender's address AspenGold5 (server) angelas -1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: cled-C, A_Y s Aspen, CO SCHEDULED PUBLIC HEARING DA'TE: Mrnn�law► P-t 2 �rao ,�Pm , 20 11 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, .'`I -O� JL (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ". —Lz r ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of . 20_, to and including the date and time of the public hearing. A photograph of the posted notice (:sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) E Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1 Signature The foregoing "Affidavit of Notice" was acknowledged before me this % day of 0�1 , 20A, by Pr�� ��. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ( �` N tary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 o� wfC oyi�o "' cll,3 .0L�SC11 mNa2��m"mmmnc73 F2 Zsm m nF oFn00py C9 n 4@ 3m oF'? 003C2---m aim �+-c��rnN ..._omra man m g jj cL ..3 orn�� �- �caT ON< m u,y3o�-�� o pmm o'9.o ym Orn n �.m ..>>oom Sa�y�mi.Z2 3 o�fD�w o�O—JOmo'<rn nmz � 03m�n nD— Q<m ion'-aooimC�m Nm cmm h0i o`°'l� Dn3Z N3m'"<cma�ic ww fo1Di Ov�i m VjnTN=NA=ON^-S-i °i ^38Fn 3m�N�mn m0 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director NW, FROM: Sara Adams, Senior Planner RE: Affordable Housing GMQS code amendment: First Reading, Ordinance NoA , Series of 2011. Second Reading is scheduled for May 23, 2011. MEETING DATE: April 25, 2011 SUMMARY: Projects that are required to develop affordable housing, with the exception of single family and duplex residences, are reviewed by the Planning and Zoning Commission for Growth Management approval pursuant to Section 26.470.070.4. This Section requires affordable housing to meet specific criteria related to compliance with the Aspen/Pitkin County Housing Authority (APCHA) Guidelines including: mitigation requirements; ownership requirements; affordable housing credit eligibility; and the requirement that 50% or more of the unit's net livable area is at or above finished or natural grade, whichever is higher. Similar to design variances for Accessory Dwelling Units, Staff proposes a code amendment that permits the percentage of the unit's net livable area that is at or above finished or natural grade to be varied at the discretion of the Planning and Zoning Commission through the Special Review process. Staff recommends adoption of this code amendment. BACKGROUND: During the Conceptual PUD review process for the Aspen Walk project (404 and 414 Park), the intent of the review criterion that requires half of a unit's net livable area to be developed above natural or finished grade was discussed. Aspen Walk proposes "garden level" affordable housing units that are 2 or 3 feet below grade, and more than 50% of the units' volumes are above grade, however, the units do not meet the current criterion noted in italics above. City Council (during Conceptual Review), the Applicant and Staff both agreed that a code amendment to allow specific sub -grade affordable housing units was appropriate to bring forward. It is Staff s opinion that the intent of this criterion is to prevent sub -grade affordable housing units that are unlivable (i.e dungeon spaces); however the standard does not differentiate between livable and unlivable units that may be partially sub -grade. There is no flexibility for the Planning and Zoning Commission to vary this standard considering site constraints, the overall project and most important, the design and livability of the units. It can be argued that not all sub -grade spaces are unlivable — well designed sub -grade spaces with, for example, large windows and a sunken private patio can be a very livable and private residential space. Staff proposes the following code amendment to permit the Planning and Zoning Commission, with a recommendation from the Housing Board, to vary the Affordable Housing GMQS Code Amendment City Council First Reading Memo, April 25, 2011 Page 1 of 3 0 requirement that 50% of an affordable housing unit's net livable is located above natural or finished grade through the Special Review process. PROPOSED CODE AMENDMENTS: (see attached Ordinance for reference) 26.430.030 Applicability. The proposed change adds the ability to vary the affordable housing unit criteria for net livable space through Special Review. The Code currently permits ADU and Carriage House design standards to be varied through the Special Review process. This amendment would allow Affordable Housing Units to be varied through the same review process but subject to different review standards. 26.430.040 Review standards for special review. Staff proposes that, based on a recommendation from the Housing Board, the Planning and Zoning Commission has the authority to grant a variation of the percent net livable above grade for affordable housing units subject to the following criteria: 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 shall be obtained and all of the following criteria shall be met: 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. The review criteria listed in Part I.1 are similar to the standards that the Housing Board apply to projects that request a variation of the minimum net livable unit size. The goal is to ensure that the housing units provide a positive livable experience by providing extra amenities: excess storage, large window area (the adopted Building Code requires glazing equivalent to 10% of the area of the room), exceeds minimum unit size, and/or private patios or private outdoors space. The Planning and Zoning Commission struggled with identifying specific elements that may balance the livability of a subgrade unit. It is important that the quality trade-off of varying the amount of sub -grade net livable space in a housing unit is balanced in other areas of the unit or housing portion of the project. The proposed review is discretionary by the Planning and Zoning Affordable Housing GMQS Code Amendment City Council First Reading Memo, April 25, 2011 Page -2-of3 Commission and asks the Commission to weigh the proposed amenities provided for the subgrade units to determine whether the proposal is acceptable and provides livable units. The Housing Chapter of the AACP states that "housing policy should emphasize the development of neighborhoods and community, not just units." Part I.1 of the criteria addresses the individual unit design, while Part I.2 of the criteria steps back and assesses the proposed project from a comprehensive perspective by considering the impacts of sub -grade units on neighborhood character and site constraints to encourage the project to positively respond to the natural and built landscapes. HOUSING BOARD RECOMMENDATION: The Housing Board recommended in favor of the proposed code amendment language at their regular meeting on February 2, 2011 with a 4 -0 vote. P & Z RECOMMENDATION: During their regular meeting on March 1, 2011, the Planning and Zoning Commission voted 5 -1 in favor of the proposed code amendment. Minutes from the meeting are attached as Exhibit C. In summary, the Commission discussed the types of amenities that would benefit and increase the livability of the individual units in the long term. For example P&Z viewed requiring energy efficient appliances and outdoor amenity space for the entire building as elements that could be changed in the future and were indirect amenities for the residents of the subgrade units. The Commission decided to recommend criteria that are direct amenities for the subgrade unit resident and enhance livability such as: larger windows, private patios and larger unit sizes. STAFF RECOMMENDATION: Staff recommends adoption of the proposed code amendment on First Reading. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Ordinance No.14, Series of 2011, approving with conditions the proposed code amendment regarding Growth Management Review for Affordable Housing on first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance # 11- , Series of 2011 EXHIBIT A — Section 26.310.040 Standards of Review. EXHIBIT B — Planning and Zoning Commission Resolution Number 05 (Series of 2011). EXHIBIT C — Meeting minutes from the Planning and Zoning Commission meeting dated March 1, 2011. EXHIBIT D - Housing Board Recommendation. Affordable Housing GMQS Code Amendment City Council First Reading Memo, April 25, 2011 Page -3-of3 Ordinance No. 14 (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.430 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 Planning and Zoning Commission held a duly noticed public hearing to consider the proposed amendments described herein on February 15, 2011 continued to March 1, 2011, took and considered public testimony and the recommendation of the Director and recommended, by a 5 - 1 vote, City Council adopt the proposed amendments. WHEREAS, during a duly noticed public hearing on May 23, 201 a, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development City of Aspen City Council Ordinance No. , Series of 2011 Page 1 of 3 proposal, with conditions, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.430.040 Special Review, which section defines review criteria for projects subject to special review, with the addition of Section I, to read as follows: 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 shall be obtained and all of the following criteria shall be met: 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 2• Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby approves the amendments to Section 26.470.070.4.0 Growth Management Review for Affordable Housing, which section describes dimensional conditions for the amount that an affordable housing unit's net livable area is at or above grade, shall be amended as follows: City of Aspen City Council Ordinance No. , Series of 2011 Page 2 of 3 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. Section 3• A public hearing on the Ordinance was held on the 23`d day of May, 2011, at 5:00 p.m. in 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 4• 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 5• 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25�' day of April, 2011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of 12011. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: City Attorncv City of Aspen City Council Ordinance No. , Series of 2011 Page 3 of 3 INTERIOR ENVIRONMENT 5. For buildings in flood hazard areas as established in Section 1612.3, the openings for under -floor ventila- tion shall be deemed as meeting the flood opening requirements of ASCE 24 provided that the ventila- tion openings are designed and installed in accor- dance with ASCE 24. 1203.4 Natural ventilation. Natural ventilation of an occu- pied space shall be through windows, doors, louvers or other openings to the outdoors. The operating mechanism for such openings shall be provided with ready access so that the open- ings are readily controllable by the building occupants. 1203.4.1 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being ventilated. SECTION 1204 TEMPERATURE CONTROL. ,j i t t f 1204.1 Equipment and systems. Interior spaces intended for human occupancy shall be provided with active or passive space -heating systems capable of maintaining a minimum indoor temperature of 68°F (20'C) at a point 3 feet (914 mm) above the floor on the design heating day. Exception: Interior spaces where the primary purpose is not associated with human comfort. SECTION 1205 LIGHTING 1205.1 General. Every space intended for human occupancy shall be provided with natural light by means of exterior glazed 1203.4.1.1 Adjoining spaces. Where rooms and spaces openings in accordance with Section 1205.2 or shall be pro - without openings to the outdoors are ventilated through vided with artificial light in accordance with Section 1205.3. an adjoining room, the opening to the adjoining room Exterior glazed openings shall open directly onto a public way shall be unobstructed and shall have an area of not less or onto a yard or court in accordance with Section 1206. than 8 percent of the floor area of the interior room or 1205.2 Natural light. The minimum net glazed area shall not space, but not less than 25 square feet (2.3 m2). The mini-* be less than 8 percent of the floor area of the room served. mum openable area to the outdoors shall be based on the total floor area being ventilated. Exception: Exterior openings required for ventila- tion shall be permitted to open into a thermally iso- lated sunroom addition or patio cover provided that the openable area between the sunroom addition or patio cover and the interior room shall have an area of not less than 8 percent of the floor area of the interior room or space, but not less than 20 square feet (1.86 m2). The minimum openable area to the outdoors shall be based on the total floor area being ventilated. 1203.4.1.2 Openings below grade. Where openings below grade provide required natural ventilation, the outside horizontal clear space measured perpendicular to the opening shall be one and one-half times the depth of the opening. The depth of the opening shall be measured from the average adjoining ground level to the bottom of the opening. 1203.4.2 Contaminants exhausted. Contaminant sources in naturally ventilated spaces shall be removed in accor- dance with the International Mechanical Code and the International Fire Code. 1203.4.2.1 Bathrooms. Rooms containing bathtubs, showers, spas and similar bathing fixtures shall be mechanically ventilated in accordance with the Interna- tional Mechanical Code. 1203A.3 Openings on yards or courts. Where natural ven- tilation is to be provided by openings onto yards or courts, such yards or courts shall comply with Section 1206. 1203.5 Other ventilation and exhaust systems. Ventilation and exhaust systems for occupancies and operations involving flammable or combustible hazards or other contaminant sources as covered in the International Mechanical Code or the International Fire Code shall be provided as required by both codes. 272 1205.2.1 Adjoining spaces. For the purpose of natural lighting, any room is permitted to be considered as a portion of an adjoining room where one-half of the area of the com- mon wall is open and unobstructed and provides an opening of not less than one -tenth of the floor area of the interior room or 25 square feet (2.32 m2), whichever is greater. Exception: Openings required for natural light shall be permitted to open into a thermally isolated sunroom addition or patio cover where the common wail provides a glazed area of not less than one -tenth of the floor area of the interior room or 20 square feet (1.86 m2), whichever is greater. 1205.2.2 Exterior openings. Exterior openings required by Section 1205.2 for natural light shall open directly onto a public way, yard or court, as set forth in Section 1206, Exceptions: 1. Required exterior openings are permitted to open into a roofed porch where the porch: 1.1. Abuts a public way, yard or court; 1.2. Has a ceiling height of not less than 7 feet (2134 mm); and 1.3. Has a longer side at least 65 percent open and unobstructed. 2. Skylights are not required to open directly onto a public way, yard or court. 1205.3 Artificial light. Artificial light shall be provided that is adequate to provide an average illumination of 10 foot-candles (107 lux) over the area of the room at a height of 30 inches (762 mm) above the floor level. 1205.4 Stairway illumination. Stairways within dwelling units and exterior stairways serving a dwelling unit shall have an illumination level on tread runs of not less than 1 foot-candle (II lux). Stairs in other occupancies shall be governed by Chapter 10. 2009 INTERNATIONAL BUILDING CODE® 5�vww i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: A4M , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ��d R� If, _ 4-: p r , 20 �� STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: L"�Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of'notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) 0 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. i C-e4� ��� Signature The foregoing "Affidavit of Notice" was acknowled ed before me this 3 // day o , 20 f / , by A-vj cs c,u--" WITNESS MY HAND AND OFFICIAL SEAL tY ewe• a LIN!OA M, N1rv�dING ,' MY Cmv*si n Expires OY29/2014 ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 .s t4 CtTYo,n1T1 pT MENOMENTS T� CHAPTERS .J and 26,470.070,4 OF ; HE LAN: r NOTIG.. EBY GIYEYJ that a public hearing will be heltl of uesday Feb�u before the Aspen meeting to be in at 4:30 p Plannin9iinH on130CS. Galena St ,I Aspen, too Room, CC y consider a Community Developmentrovisiorns for initiated ordinance related to the p Growth Management Review for the development of Affordable Housing (Section 26.470.070.4) and Special Review (Section 26.430) of the Aspen Municipal Code. For further information, contact Sara Adams at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO. �970) 429.2778, dams ci asoen co.us, n Gibbs. Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on January 30, • 0 MEMORANDUM 1E TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Senior Planner RE: Affordable Housing GMQS code amendment DATE: February 15, 2011 MEETING DATE: March 1, 2011 Projects that are required to develop affordable housing, with the exception of single family and duplex residences, are reviewed by the Planning and Zoning Commission for Growth Management approval pursuant Ito Section 26.470.070.4. This Section requires affordable housing to meet specific criteria related to compliance with the Aspen/Pitkin County Housing Authority (APCHA) Guidelines including: mitigation requirements; ownership requirements; affordable housing credit eligibility; and the requirement that 50% or more of the unit's net livable area is at or above finished or natural grade, whichever is higher. Similar to design variances for Accessory Dwelling Units, Staff proposes a code amendment that permits the percentage of the unit's net livable area that is at or above finished or natural grade to be varied at the discretion of the Planning and Zoning Commission through the Special Review process. BACKGROUND: During the Conceptual PUD review process for the Aspen Walk project (404 and 414 Park), the intent of the review criterion that requires half of a unit's net livable area to be developed above natural or finished grade was discussed. Aspen Walk proposes "garden level" affordable housing units that are 2 or 3 feet below grade, and more than 50% of the units' volumes are above grade, however, the units do not meet the current criterion noted in italics above. The Applicant and Staff both agreed that a code amendment to allow specific sub -grade affordable housing units was appropriate to bring forward. It is Staff s opinion that the intent of this criterion is to prevent sub -grade affordable housing units that are unlivable; however the standard does not differentiate between livable and unlivable units that may be partially sub -grade. There is no flexibility for the Planning and Zoning Commission to vary this standard considering site constraints, the overall project and most important, the design and livability of the units. It can be argued that not all sub -grade spaces are unlivable — well designed sub -grade spaces with, for example, large windows and a sunken patio can be a very livable and private residential space. Staff proposes the following code amendment to permit the Planning and Zoning Commission, with a recommendation from the Housing Board, to vary the requirement that 50% of an affordable housing unit's net livable is located above natural or finished grade through the Special Review process. Affordable Housing GMQS Code Amendment P&Z memo, March 1, 2011 Pagel of 3 �7_ 0 PROPOSED CODE AMENDMENTS: (see attached resolution for reference) Section 1: 26.430.030 Applicability. The proposed change adds the ability to vary the affordable housing unit criteria for net livable space through Special Review. The Code currently permits ADU and Carriage House design standards to be varied through the Special Review process. This amendment would allows Affordable Housing Units to be varied through a the same review process but subject to different review standards. Section 2: 26.430.040 Review standards for special review. Staff proposes that, based on a recommendation from the Housing Board, the Planning and Zoning Commission has the authority to grant a variation of the percent net livable above grade for affordable housing units subject to the following criteria: 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 exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. The review criteria listed in Part 1 are similar to the standards that the Housing Board apply to projects that request a variation of the minimum net livable unit size. The goal is to ensure that the housing units provide a positive livable experience by exceeding at least 2 of the following: excess storage, minimum unit size, site amenities, or energy efficient units. It is important that the quality trade-off of varying the amount of sub -grade net livable space in a housing unit is balanced in other areas of the umt or housing po ion o t e pro ec . The Housing Chapter of the AACP states that "housing policy should emphasize the development of neighborhoods and community, not just units." Part 1 of the criteria addresses the individual unit design, while Part 2 of the criteria steps back and assesses the proposed project from a comprehensive rierspectiv__y_eoniWering the impacts of sub grade_ units on Me - neighborhood character and site constraints to encourage the project to positively respond t� natural and built lQ pes. _ Affordable Housing GMQS Code Amendment P&Z memo, February 15, 2011 Page 3 of 3 Section 3: 26.470.070.4 GMQS — Affordable Housing. Staff proposes to add language to Section C to allow the dimensional requirement to be varied via Special Review. HOUSING BOARD RECOMMENDATION: The Housing Board recommended in favor of the proposed code amendment language at their regular meeting on February 2, 2011 with a 4 -0 vote. NEXT STEPS: Review by City Council. REQUEST OF THE P & Z: Planning and Zoning Commission is asked to make a recommendation to the City Council regarding the proposed code amendments in the attached draft resolution. STAFF RECOMMENDATION: Staff finds that the proposed amendment is consistent with the AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission recommend approval to City Council. ATTACHMENTS: Resolution # , Series of 2011 Exhibit A — Section 26.310.040 Standards of Review Exhibit B — Housing Board Recommendation Affordable Housing GMQS Code Amendment P&Z memo, February 15, 2011 Page 3 of 3 -��ID ��-CA 6- \,_ RESOLUTION No. (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, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 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 - 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 0 10 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 finds 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. Formatted: Font color: Accent 5 thus.puFple,_wM_s0ikethreaSh and leeles like Text being added to the code is blue with Formatted: Font color: Accent 5 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 26.575.030.13) ■ 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 2 of 6 0 • 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. 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 0 9 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. 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) •---------------------------------- — ----------------------------------------------------------'�- 1. 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 ­QLrygm-of the following conditions: Formatted: Font: 12 pt Formatted: List Paragraph, Justified, Indent: Left: 0.75", Tab stops: Not at 0.25" Formatted: Normal, Justified, Indent: Left: 0", Hanging: 0.25", Numbered + Level: 1 + Numbering Style: I, II, III, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75", Tab stops: Not at 0.25" ------- Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + `� Buildin$ requires. Code ires. w� 6 1" Alignment: Left +Aligned at: 0.75" +Indent q at: , Tab stops: Not at 0.5" Net livable unit sizes exceed minimum requirement. `d JIM I amenities, such as access to outdoor space, private patios obiW appliances, or insulation. 2. The proposed affordal5re--ffo—RM 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: Planning & Zoning Commission Reso # of 2011 ` GMQS — Affordable Housing Code Amendment • �V1�U���1 Page 4 of 6 Formatted: 3rd para indent 1 no w/parens, Indent: Left: 0.25", Hanging: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" Formatted: 3rd pans indent 1 no w/parens, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" 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 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 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 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 15'h day of February, 2011. Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Stan Gibbs, Chairman Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 0 CV,,./A RESOLUTION No. (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, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 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 - 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 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 finds 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 2 of 6 0 • 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 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 exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 4 of 6 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 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be 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 15'h day of February, 2011. Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Stan Gibbs, Chairman Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 Exhibit A Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Response: The proposed amendment is not in conflict with any applicable portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: Staff finds that the proposed amendment is consistent with the AACP, specifically the following statements from the Housing and Design Quality Chapters: "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) Response: The proposed amendment creates a situation where the Planning and Zoning Commission, based on a recommendation from the Housing Board, has the authority to vary the amount that an affordable housing unit is below grade in exchange for the unit exceeding the minimum standards in other areas of design. Allowing a partially subgrade unit may result in a lower height of the building or a more appropriate response to topography or other site constraints. "Housing should be compatible with the scale and character of the community and should emphasize quality construction and design even though that emphasis necessarily increases costs and lessens production. " (Philosophy, pg 25) Response: The proposed amendment takes into account both the specific design of the individual units and amenities, and it weighs the compatibility of the subgrade units within the neighborhood. "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. " (Policies, pg 26) Response: Staff finds that providing the Planning and Zoning Commission with the discretion to allow partially subgrade units offers some design flexibility that may result in minimizing the development footprint of the overall project. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 CJ 74 "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists. " (Philosophy, pg 43) Response: The flexibility to vary the affordable housing standard encourages creative solutions that support livability and innovative thinking for affordable housing units. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: n/a D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: n/a.. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Response: n/a. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: n/a. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Response: The proposed amendment incorporates neighborhood compatibility into the review criteria for granting a variation from the dimensional requirement. Staff finds that the proposed amendment is consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: n/a. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 • E I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Response: Staff recognizes that unique situations exist throughout town and finds that providing some flexibility in the Code for the Planning and Zoning Commission to use its discretion to vary the percentage that an affordable housing unit is below grade is appropriate and in harmony with the purpose and intent of this Title. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 P19 MEMORANDUM TO: Sara Adams, Community Development Department FROM: Cindy Christensen, Housing Department DATE: February 3, 2011 RE: APPROVAL OFAFFORDABLE HOUSING CODE AMENDMENT ISSUE: The subgrade units proposed in the AspenWalk development do not conform to the land use code. An affordable housing GMQS code amendment is being proposed to remedy the situation. BACKGROUND: Due to the terrain of the property and the proposal of the garage, some of the units being proposed in the development or subgrade and do not meet the City of Aspen Land Use Code conditions. The attached code amendment will remedy this nonconforming issue. RECOMMENDATION: The Housing Board reviewed the Code amendment at their regular meeting held February 2, 2011 and are recommending approval of the following changes: Under Section 26.430.030. Applicability, add a bullet point as follows: • Affordable housing unit criteria regarding percentage of unit's net livable required above grade (Section 26.470.70.4.c). Under Section 26.430.040, Section 2, paragraph 1, Affordable housing unit standards, the following will be added: 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: 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 exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. EMSEEMEN Page 1 Code Amendment Approval P20 d. Site amenities, such as access to outdoor space, private patios, or balconies, car share memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. Code Amendment Approval Page 2 MEMORANDUM TO: Aspen Planning and %oning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Senior Planner RE: Affordable Housing GMQS code amendment DATE: February 15, 2011 Projects that are required to develop affordable housing, with the exception of single family and duplex residences, are reviewed by the Planning and Zoning Commission for Growth Management approval pursuant to Section 26.470.070.4. This Section requires affordable housing to meet specific criteria related to compliance with the Aspen/Pitkin County Housing Authority (APCHA) Guidelines including: mitigation requirements; ownership requirements; affordable housing credit eligibility; and the requirement that 50% or more of the unit's net livable area is at or above finished or natural grade, whichever is higher. Similar to design variances for Accessory Dwelling Units, Staff proposes a code amendment that permits the percentage of the unit's net livable area that is at or above finished or natural grade to be varied at the discretion of the Planning and Zoning Commission through the Special Review process. BACKGROUND: During the Conceptual PUD review process for the Aspen Walk project (404 and 414 Park), the intent of the review criterion that requires half of a unit's net livable area to be developed above natural or finished grade was discussed. Aspen Walk proposes "garden level" affordable housing units that are 2 or 3 feet below grade, and more than 50% of the units' volumes are above grade, however, the units do not meet the current criterion noted in italics above. The Applicant and Staff both agreed that a code amendment to allow specific sub -grade affordable housing units was appropriate to bring forward. It is Staff s opinion that the intent of this criterion is to prevent sub -grade affordable housing units that are unlivable; however the standard does not differentiate between livable and unlivable units that may be partially sub -grade. There is no flexibility for the Planning and Zoning Commission to vary this standard considering site constraints, the overall project and most important, the design and livability of the units. It can be argued that not all sub -grade spaces are unlivable — well designed sub -grade spaces with, for example, large windows and a sunken patio can be a very livable and private residential space. Staff proposes the following code amendment to permit the Planning and Zoning Commission, with a recommendation from the Housing Board, to vary the requirement that 50% of an affordable housing unit's net livable is located above natural or finished grade through the Special Review process. Affordable Housing GMQS Code Amendment P&Z memo, February 15, 2011 Page 1 of 3 O • PROPOSED CODE AMENDMENTS: (see attached resolution for reference) Section 1: 26.430.030 Applicability. The proposed change adds the ability to vary the affordable housing unit criteria for net livable space through Special Review. The Code currently permits ADU and Carriage House design standards to be varied through the Special Review process. This amendment would allows Affordable Housing Units to be varied through a the same review process but subject to different review standards. Section 2: 26.430.040 Review standards for special review. Staff proposes that, based on a recommendation from the Housing Board, the Planning and Zoning Commission has the authority to grant a variation of the percent net livable above grade for affordable housing units subject to the following criteria: 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 exceeding minimum requirements of two or more of the followiny, conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. The review criteria listed in Part 1 are similar to the standards that the Housing Board apply to projects that request a variation of the minimum net livable unit size. The goal is to ensure that the housing units provide a positive livable experience by exceeding at least 2 of the following: excess storage, minimum unit size, site amenities, or energy efficient units. It is important that the quality trade-off of varying the amount of sub -grade net livable space in a housing unit is balanced in other areas of the unit or housing portion of the project. The Housing Chapter of the AACP states that "housing policy should emphasize the development of neighborhoods and community, not just units." Part 1 of the criteria addresses the individual unit design, while Part 2 of the criteria steps back and assesses the proposed project from a comprehensive perspective by considering the impacts of sub -grade units on neighborhood character and site constraints to encourage the project to positively respond to the natural and built landscapes. Section 3: 26.470.070.4 GMQS — Affordable Housing. Staff proposes to add language to Section C to allow the dimensional requirement to be varied via Special Review. Affordable Housing GMQS Code Amendment P&Z memo, February 15, 2011 Page 2 of 3 0 i HOUSING BOARD RECOMMENDATION: The Housing Board recommended in favor of the proposed code amendment language at their regular meeting on February 2, 2011 with a 4 -0 vote. NEXT STEPS: Review by City Council. REQUEST OF THE P & Z: Planning and Zoning Commission is asked to make a recommendation to the City Council regarding the proposed code amendments in the attached draft resolution. STAFF RECOMMENDATION: Staff finds that the proposed amendment is consistent with the AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission recommend approval to City Council. .ATTACHMENTS: Resolution # , Series of 2011 Exhibit A — Section 26.310.040 Standards of Review Exhibit B — Housing Board Recommendation Affordable Housing GMQS Code Amendment P&Z memo, February 15, 2011 Page 3 of 3 0 O�V,�-u�r v¢��rM RESOLUTION No. (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, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 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 - 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 0 0 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 finds 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 r-effleved is purple with str-iked-ffeugh and leeks 1i1cp, th 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 2 of 6 0 0 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. 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 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. 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 y exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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: Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 4 of 6 0 • 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 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 0 • 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 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 151h day of February, 2011. Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Stan Gibbs, Chairman Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 0 0 �� VWeJitV1-, RESOLUTION No. (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, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 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 - 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 0 • approval of the amendments is consistent with the goals and elements of the Aspen Arca Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds 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 26.575.030.13) ■ 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. Planning & Zoning Commission Reso 4 of 2011 GMQS — Affordable Housing Code Amendment Page 2 of 6 0 • 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: 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. Planning & Zoning Commission Reso 4 of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 0 • 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) , 1. 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 exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 4 of 6 0 • 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 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 Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be 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 15"' day of February, 2011. Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Stan Gibbs, Chairman Planning & Zoning Commission Reso 4 of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 Exhibit A Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Response: The proposed amendment is not in conflict with any applicable portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: Staff finds that the proposed amendment is consistent with the AACP, specifically the following statements from the Housing and Design Quality Chapters: "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) Response: The proposed amendment creates a situation where the Planning and Zoning Commission, based on a recommendation from the Housing Board, has the authority to vary the amount that an affordable housing unit is below grade in exchange for the unit exceeding the minimum standards in other areas of design. Allowing a partially subgrade unit may result in a lower height of the building or a more appropriate response to topography or other site constraints. "Housing should be compatible with the scale and character of the community and should emphasize quality construction and design even though that emphasis necessarily increases costs and lessens production. " (Philosophy, pg 25) Response: The proposed amendment takes into account both the specific design of the individual units and amenities, and it weighs the compatibility of the subgrade units within the neighborhood. "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. " (Policies, pg 26) Response: Staff finds that providing the Planning and Zoning Commission with the discretion to allow partially subgrade units offers some design flexibility that may result in minimizing the development footprint of the overall project. Affordable Housing GMQS Code Amendment Exhibit A February 15, 2011 Page 2 of 3 0 0 "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists. " (Philosophy, pg 43) Response: The flexibility to vary the affordable housing standard encourages creative solutions that support livability and innovative thinking for affordable housing units. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: n/a D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: n/a.. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Response: n/a. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: n/a. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Response: The proposed amendment incorporates neighborhood compatibility into the review criteria for granting a variation from the dimensional requirement. Staff finds that the proposed amendment is consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: n/a. Affordable Housing GMQS Code Amendment Exhibit A February 15, 2011 Page 2 of 3 0 i I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Response: Staff recognizes that unique situations exist throughout town and finds that providing some flexibility in the Code for the Planning and Zoning Commission to use its discretion to vary the percentage that an affordable housing unit is below grade is appropriate and in harmony with the purpose and intent of this Title. Affordable Housing GMQS Code Amendment Exhibit A February 15, 2011 Page 2 of 3 MEMORANDUM 15 TO: Sara Adams, Community Development Department FROM: Cindy Christensen, Housing Department DATE: February 3, 2011 RE: APPROVAL OFAFFORDABLE HOUSING CODE AMENDMENT ISSUE: The subgrade units proposed in the AspenWalk development do not conform to the land use code. An affordable housing GMQS code amendment is being proposed to remedy the situation. BACKGROUND: Due to the terrain of the property and the proposal of the garage, some of the units being proposed in the development or subgrade and do not meet the City of Aspen Land Use Code conditions. The attached code amendment will remedy this nonconforming issue. RECOMMENDATION: The Housing Board reviewed the Code amendment at their regular meeting held February 2, 2011 and are recommending approval of the following changes: Under Section 26.430.030. Applicability, add a bullet point as follows: • Affordable housing unit criteria regarding percentage of unit's net livable required above grade (Section 26.470.70.4.c). Under Section 26.430.040, Section 2, paragraph I, Affordable housing unit standards, the following will be added: 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 exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. Code Amendment Approval Page 1 OF 0 • d. Site amenities, such as access to outdoor space, private patios, or balconies, car share memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 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. Code Amendment Approval Page 2