HomeMy WebLinkAboutresolution.council.079-20 RESOLUTION NO. 079
SERIES OF 2020
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE IN
SUPPORT OF CITY COUNCIL'S AFFORDABLE HOUSING GOALS
WHEREAS,pursuant to Section 26.310.020(A),a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS,pursuant to Section 26.310.020(A), during a work session on August
10, 2020, the Community Development Department received direction from City Council
to explore targeted amendments to the Land Use Code related to growth management,
affordable housing mitigation and the Affordable Housing Credits Program; and,
WHEREAS, the Community Development Director recommends Council consider
potential changes to the General Provisions (26.104), Growth Management Quota System
(26.470), Certificates of Affordable Housing Credits (26.540) sections, and other sections
of the Land Use Code as necessary for coordination,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040;and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness and viability of the regulations within the City of Aspen Land Use Code
to achieve City Council's policy and regulatory goals related to affordable housing; and,
WHEREAS,the regulations and standards in the Land Use Code provide important
tools in the development of affordable housing within the City of Aspen; and,
WHEREAS,Aspen's affordable housing system is essential in the advancement of a
sustainable community; and,
WHEREAS,the proposed Land Use Code amendments related to affordable housing
will advance specific policy statements in the Aspen Area Community Plan(AACP); and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on October 13, 2020 the City Council approved Resolution 079-2020, by a 5 to 0
vote,requesting code amendments to the Land Use Code; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of this Policy Resolution will conduct Public Outreach
with the public, property owners, and members of the development community; and,
Resolution 079-2020
Land Use Code/Affordable Housing
Code Amendments Policy Resolution
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WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code;and,
WHEREAS,the City Council finds that this Resolution 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 AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
The objectives of these code amendments are to:
1. To more closely align City Council's affordable housing goals with policies and
regulations in the Land Use Code.
2. Build upon the established successes of Aspen's affordable housing efforts.
3. Update, improve, clarify and simplify existing policies and regulations related to the
provision of affordable housing.
4. Improve policies to further encourage both public and private sector development of
affordable housing.
5. Maintain existing and increase the free-market and deed-restricted housing units
available to Aspen's workforce.
Section 2: Tonics for Potential Code Amendments
1. Affordable Housing Fee-in-Lieu
2. Certificates of Affordable Housing Credits
3. Existing Development Credits and Incentives Related to Affordable Housing
Mitigation for various development and use types.
4. Multi-family Replacement
Section 3: Affordable Housing Fee-in-fieu Amendment
The goals of this amendment are to:
1. Update the calculation method and propose updated figures to better reflect the value
of an affordable housing unit in the context of Aspen's development realities.
2. Update the current fee-in-lieu rate and provide clarity to the method of updating the
fee-in-lieu calculation over time.
Section 4: Certificates of Affordable Housing Credits Code Amendment
The goals of this amendment are to:
1. Align the Land Use Code and APCHA development requirements to improve clarity
and provide flexibility to affordable housing development and re-development
projects.
2. Modify regulations and processes which govern the value, management, and
accounting of Certificates of AH to ensure the program aligns with AH market
dynamics and optimizes the effectiveness of the Certificates program.
Resolution 079-2020
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Code Amendments Policy Resolution
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3. Provide clarity in the relationship between Aspen's Credit program and other
affordable housing incentives and the eligibility of various entities to generate
Certificates.
Section 5: Existins Development Credits and Incentives Amendment
The goal of this amendment is to:
1. Bring equity to affordable housing mitigation requirements across different
development types.
Section 6: Multi-family Replacement Amendment
The goals of this amendment are to:
1. Bring clarity to and simplify policies that preserve existing free-market and deed
restricted multi-family housing units.
2. Ensure that redevelopment scenarios of existing multi-family housing continue to
meet community goals and expectations.
Section 7: Other Amendments as Necessary
Other amendments may be required to ensure coordination between the sections identified
above and other sections in the LUC which may not have been anticipated.
Section 8•
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided,and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 9•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY,adopted this 13th day of October,2020.
Torre, Mayor
TEST: APPROVED AS TO FORM:
Nicole Henning,City Cle �.es True,C�Aomey
Resolution 079-2020
Land Use Code/Affordable Housing
Code Amendments Policy Resolution
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