HomeMy WebLinkAboutcoa.lu.ca.AH GMQS criteria 0002.2011 THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0002.2011.ASLU
PARCEL ID NUMBER NO PARCLE ( CODE AMENDMENT)
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER DREW ALEXANDER
CASE DESCRIPTION CODE AMENDMENT AH GMQS CRITERIA
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 5.24.11
CLOSED BY ANGELA SCOREY ON: 06.7.11
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
4r,jn.e3\V( , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
* SL• •_,. In Pal f ,20 11
STATE OF COLORADO )
) ss.
County of Pitkin )
1 C—�1 (name, please print)
being or representing ting 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:
(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)
c
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.
Signature
The foregoing "Affidavit of Notice" was acknowled ed before me this 4 7 day
of Not.-7 , 20R, by Srr�rf � — t
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: (�
PIT NOTICE
•
RE: CITY INITIATIATED D AMENDMENTS TO
CHAPTERS 26.430 and 26.470.070.4 OF THE II 0
LAND USE CODE di. L. , . SOL.
NOTICE 15 HEREBY GIVEN that a public hearing N�}� ^� Public
be held on Monday May 23, 2011, at a ""J
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider a Community
Development Department initiated ordinance
related to the provisions f G rowth Manage
Review for the development of AHOrdable Housin g
(Section 26.470.0704) and Special Review
(Section 26.430) of the Aspen Municipal Code. For
fudher information, contact Sera Adams at the City
of ara Aspen Communit Development D epadment,
S. Galena SL, Aspen. GD (9,6) 429.2 „6, ATTACHMENTS AS APPLICABLE:
E PUBLICATION
Published in the Aspen Times Weekly an May 8, H OF THE POSTED NOTICE (SIGN)
2011 16468013) OWNERS AND GOVERNMENT AGENGIES NOTIED
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
Vil
MEMORANDUM
TO: Mayor Ireland and Aspen City Council / ��•
THRU: Chris Bendon, Community Development Director ,WI
FROM: Sara Adams, Senior Planner �
RE: Affordable Housing GMQS code amendment:
First Reading, Ordinance No.kq , 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
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:
1. The proposed affordable housing units are designed in a manner which
exceeds the expectations of the Aspen Pitkin County Housing Authority
Guidelines, and promotes the unit's general livability by demonstrating
compliance with as many of the following conditions as possible:
a. Significant storage, such as additional storage outside the unit.
b. Above average natural light, such as adding more window area than
the Building Code requires.
c. Net livable unit sizes exceed minimum requirement.
d. Unit amenities, such as access to outdoor space or private patios.
2. The proposed affordable housing units are designed in a manner that meets
the following criteria:
a. Compatibility with the character of the neighborhood.
b. Design is an appropriate response to unique site constraints, such as
topography.
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 # I i{ , 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 - of 3
Ordinance No. 1 4
(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 I, 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, 201a, 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:
1. The proposed affordable housing units are designed in a manner which exceeds
the expectations of the Aspen Pitkin County Housing Authority Guidelines, and
promotes the unit's general livability by demonstrating compliance with as
many of the following conditions as possible:
a. Significant storage, such as additional storage outside the unit.
b. Above average natural light, such as adding more window area than
the Building Code requires.
c. Net livable unit sizes exceed minimum requirement.
d. Unit amenities, such as access to outdoor space or private patios.
2. The proposed affordable housing units are designed in a manner that meets the
following criteria:
a. Compatibility with the character of the neighborhood.
b. Design is an appropriate response to unique site constraints, such as
topography.
Section 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 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 , 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. , Series of 2011
Page 3 of 3
- . — -:—.–
INTERIOR ENVIRONMENT
SECT 1204
5. For buildings in flood hazard areas as established in TEMPERATURE CONTROL. I
Section 1612.3, the openings for under -floor ventila-
tion shall be deemed as meeting the flood opening hu E al pro Interior h in or ten passi ded 1
requirements of ASCE 24 provided that the ventila-
tion openings are designed and installed in actor- space- heating systems capable of maintaining m i €
dance with ASCE 24. indoor temperature of 68 °F (20 °C) at a point feet min) 1
above the floor on the design heating day.
p ied s c e shal be through ugh windows, Natural ventilation er an c other purpose is
pied space shall be through windows, doors, louvers or other Exception: Interior spaces where the primary
openings to the outdoors. The operating mechanism for such not associated with human comfort.
)
openings shall be provided with ready access so that the open-
j
ings are readily controllable by the building occupants. SECTION 1205
1203.4.1 Ventilation area required. The minimum
LIGHTING
openable area to the outdoors shall be 4 percent of the floor 1205.1 General. Every space intended for human occupancy
area being ventilated. shall be provided with natural light by means of exterior glazed `
witho penings the outdoorsrshare ventilated vided with artificial light in ccordance with Section 12053
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 m 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 1205.2.1 Adjoining spaces. For the purpose of natural
total floor area being ventilated. lighting, any room is permitted to be considered as a portion
Exception: Exterior openings required for ventila- of an adjoining room where one -half of the area of the com-
tion shall be permitted to open into a thermally iso- mon wall is open and unobstructed and provides an opening
fated sunroom addition or patio cover provided that of not less than one -tenth of the floor area of the interior
is i
the openable area between the sunroom addition or room or 25 square feet (2.32 m whichever greater.
I patio cover and the interior room shall have an area of Exception: Openings required for natural light shall be
not less than 8 percent of the floor area of the interior permitted to open into a thermally isolated sunroom
room or space, but not less than 20 square feet (1.86 addition or patio cover where the common wall provides
he The minimum openable area to the outdoors a glazedareaeetessthan one- tenth oorareaof
whichever
shall be based on the total floor ea being ventilated, the interior room or 20 square feet (1.86 m whichever
12 03.4.1.2 Openings below grade. Where openings
is greater.
below low grade provide required natural ventilation, the 1205.2.2 Exterior openings. Exterior openings required by
outside horizontal clear space measured perpendicular to Section 1205.2 for natural light shall open directly onto a '
__ alias \ the opening shall be one and one -half times the depth of
public way, yard or court, as set forth in Section 1206.
the opening. The depth of the opening shall be measured
f from the average adjoining ground level to the bottom of
Exceptions:
1. Required exterior openings are permitted to open
the opening. into a roofed porch where the porch:
1203.4.2 Contaminants exhausted. C ontaminant sources 1.1. Abuts a public way, yard o r c ourt;
in naturally ventilated spaces shall be removed in actor-
I dance with the International Mechanical Code and the 12 ceiling height of not less than 7 feet
Has a a ram and
International Fire Code.
Has a longer side at least 65 percent open
1.3.
1203.4.2.1 Bathrooms. Rooms containing bathtubs, and unobstructed. !,
1 showers, spas and similar bathing fixtures shall be 2. Skylights are not required to open directly onto a
mechanically ventilated in accordance with the Interns- and or court. i
banal Mechanical Code. public way, y
■ 1203.4.3 Opening on yards or courts. Where natural von- 1205.3 Artilkial light. Artificial light shall be provided that is
' illation is to such yards o r courts provided
hall comply with Section 1206. urts, ( lux) over he area of the room at a height of 30 foot-candles ches (762
mm) above the floor level. i
1203.5 Other ventilation and exhaust systems. Ventilation illumination. Stairways within dwelling
` and exhaust systems for occupancies and operations involving 1205.4 Stairway
flammable or combustible hazards or other contaminant units and exterior stairways serving a dwelling unit shall have
sources as covered in the International Mechanical Code oboe an illum
lux)nation level o on trey c d runs of upanies shall foot ed -candle
I International Fire Code shall be provided as required by Chapter 10.
2
i. codes. 2009 INTERNATIONAL BUILDING CODE
272
lL ✓: lG
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
/ 104 , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
— rwod�. rebnu„y / s e 4 �o , 20► 1
STATE OF COLORADO )
) ss.
County of Pitkin )
1,
/Aa - (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:
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 governtnental agencies so noticed is attached hereto.
(Continued on next page)
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.
�/ ALA—
Signature
The. foregoing "Affidavit of Notice" was acknowledged before me this 3 / day
oeclwnaa , 20j1, by a e SermrC
BLIC N OTI E
RE: CIT 1 I TI AT ED AMENDMENTS TO
CHAPTERS WITNESS MY HAND AND OFFICIAL SEAL
2 30 antl 26.470.070.4 OF THE
LAND ND USE CO _ , . h`
NOTICE IS EBY G IVEN that a public ilea hearing pF.YP r
V �
will h v O. s �
mlanning9 eeting to b be held o Tue sd ay February y 15, 2011, at t 4:30 p.m. before the Aspen • eT ii,
My co a mission expires:
P antl Zoning Commission, Sister Cities s � � I ;
Room, Ciry Hall, 130 S. Galena St Aspen, to ! I /
consider a Community Development Department LINDA M. ��'
initiated ordinance relatetl to the provisions for aa , � LL-•
Growth Manag Review for the development ' p ti Iii �NG � i
of Affordable H ou s ing (Section 26.470.070.4) and Mary Public A
Special Review (Section 26.430) of the Aspen $,+ a.Q
Municipal Code. For further information, contact VV
Sara Adams at the C ity of Aspen Community ge e "
evel oppme 9 t D e pa r tment 130 5. Galena St., y � UV.•
sdla.BtldmS MCi. asp8n. fp1/
AspegCQ )WO penco u, •NA, * P —
5.
s fits Glbbs Cb
Aspen Planning and Zoning Commission Nnission Ezpi[es 03(2912014
Published in the Aspen Times Weekly on January
30,2011. [6099449) 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
•
V J y✓/�
MEMORANDUM
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 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, March 1, 2011
Page 1 of 3
L
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
balanc ed in other areas of the unit or housing portion of the pro3`"e' c:""°"" ""°--° "°-'"" -'
The Housing Chapter of the AACP states that "housing policy should emphasize the
4.
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 ers ect'we�
_p p y c9nsaering the impacts of sub -gra e amts on
neighborhood character and site constraints to encourage the project to positives respond to tfie`"
natural and built langsaes. r
G 1l r d t . . -.mt, k
It Affordable Housing GMQS Code Amendment
S11( t ( $ B " i ' ,f V T" - 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
Ls
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 MIL
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. ��� q � ve d i - Formatted: Font color: Accent 5
- _ - : .. • _ • . 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:
Sec tio n 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
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 0
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) «. Formatted: Font: 12 pt
1. Affordable housing unit standards. Whenever a special review is conducted to.--, `` Formatted: List Paragraph, Justified, Indent:
reduce the required percentage that the finished floor level of the unit's net livable Formatted: ft : .7 5", Tab st : N 0. Left:
area is at or above natural or finished grade, whichever is higher, a recommendation 0", Hanging: 0.25 ", Numbered + Level: 1 +
from the Housing Board and all of the following criteria shall be met: Nmbering Style: I, II, III, ... + Start at: 1 +
1. The proposed affordable housing units are designed in a manner which exceeds the A tg o st : r b s+oAligned Aligned o .2 " + Indent
expectations of the Aspen Pitkin County Housing Authority Guidelines, and
promotes the unit's general livability by ceeddi� ng 1 ;
._. large€ the following conditions: MOO— r• �(, / ,
a. Significant storage, such as additional storage 4 utside the unit. f -- - Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... +start at: 1 +
O b Above average natural light, such as adding more windwsthan the Alignment: Left + Aligned at: 0.75" + Indent
Building Code requires. NA at: 1 ", Tab stops: Not at 0.5"
A d livable unit sizes exceed minimum requirement.
d V� I e amenities, such as access to outdoor space, private patios or
Energy efficient units, such as solar panels, energy star rated
N'S
appliances, or insulation.
2. The proposed affords a ous units are designed in a manner that meets the. ------- Formatted: 3rd para indent 1 no w /parens,
Indent: Left: 0.25 ", Hanging: 0.25 ",
following criteria: Numbered + Level: 1 + Numbering Style: 1, 2,
a. Compatibility with the character of the neighborhood. 3, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.25" +Indent at: 0.75"
b. Design is an appropriate response to unique site constraints, such as Formatted: 3rd para indent 1 no w /parens,
topography. Numbered + Level: 2 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.75" + Indent at: 1"
I 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
1 GMQS — Affordable Housing Code Amendment
■ I , n` WI Page 4 of 6
C./1W
_ l �aN
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 15 day of February, 2011.
Stan Gibbs, Chairman
Attest:
Jackie, Lothian, City Clerk
Approved as to form:
James R. True, Special Counsel
Planning & Zoning Commission Reso # of 2011
GMQS — Affordable Housing Code Amendment
Page 6 of 6
C \CCA
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
t �
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
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 day of February, 2011.
Stan Gibbs, Chairman
Attest:
Jackie, Lothian, City Clerk
Approved as to form:
James R. True, Special Counsel
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
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
March 1, 2011
Page 2 of 3
c
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
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 OF AFFORDABLE HOUSING CODE AMENDMENT
ISSUE:
us e c ode s de. An afford rd ua lble roposed din g GMQ the S code amendment is being proposed to the
land uso An aoae ousin
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
the mendmentcaa their regular
meeting held February 2, 2011 and are recommending approval
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 whichever finish hedhloorr
level of the unit's net livable area is at or above natural or finished grade,
recommendation from the Housing Board and all of the following criteria shall be met:
the
1. The proposed affordable housing units are designed in a manner which rx e es the
expectations of the Aspen/Pitkin County Housing Authority Guidelines, and p e
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.
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.
Page 2
Code Amendment Approval
MEMORANDUM
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
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 Staffs 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
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 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
v *OS
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
Riektel - Vp wail
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 .p
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. being
. r - ' - ' - - - - • - . 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
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
•
J
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 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:
Planning & Zoning Commission Reso # of 2011
GMQS — Affordable Housing Code Amendment
Page 4 of 6
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 day of February, 2011.
Stan Gibbs, Chairman
Attest:
Jackie, Lothian, City Clerk
Approved as to form:
James R. True, Special Counsel
Planning & Zoning Commission Reso # of 2011
GMQS — Affordable Housing Code Amendment
Page 6 of 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
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
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 1- lousing 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 Ilousing. 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.
Stan Gibbs, Chairman
Attest:
Jackie, Lothian, City Clerk
Approved as to form:
James R. True, Special Counsel
Planning & Zoning Commission Reso # of 2011
GMQS — Affordable Housing Code Amendment
Page 6of6
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
"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
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
1
TO: Sara Adams, Community Development Department
FROM: Cindy Christensen, Housing Department
DATE: February 3, 2011
RE: APPROVAL OF AFFORDABLE 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.
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Code Amendment Approval
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.
Page 2
Code Amendment Approval