HomeMy WebLinkAboutordinance.council.012-2021 ORDINANCE NO. 12
(SERIES OF 2021)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN
LAND USE CODE SECTION 26.470.100.D; TO PROVIDE IMPROVED CLARITY TO
THE MULTI-FAMILY HOUSING REPLACEMENT POLICIES,AND SECTION
26.470.080.D.7.E; TO CORRECT A PREVIOUS SCRIVENER'S ERROR.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft code amendments to coordinate the Aspen Area Community Plan (AACP),
the Land Use Code and City Council affordable housing goals; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the City of Aspen conducted public
outreach through various work sessions with Council, and discussions with members of the
development community; and,
WHEREAS, Community Development staff contracted with Design Workshop for
professional services in support of the study and analysis of the Multi-Family Replacement policies
in the Land Use Code; and,
WHEREAS, on October 13, 2020, City Council passed Policy Resolution#079, Series of
2020, approving initiation of code amendments; and,
WHEREAS, Community Development staff has proposed improvements to
26.470.100.D, Demolition or redevelopment of multi-family housing in providing additional
clarity to language and organization, and correcting code section cross-referencing, but no policy
or regulatory changes; and is correcting a previous scrivener's error in Section 26.470.080.D.7.e;
and,
WHEREAS, Community Development staff provided outreach opportunities and held
discussion with the Aspen Pitkin County Housing Authority and the Planning and Zoning
Commission and received formal recommendation from Planning and Zoning Commission in
Resolution# 03, Series of 2021; and,
WHEREAS,at a regular meeting on May 11,2021, City Council by a four—zero(4-0)vote,
approved Ordinance#012, Series of 2021, approving a Code Amendment to 26.470; and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety,and welfare.
Ordinance No.12, Series of 2021
Multifamily Replacement
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO THAT:
Section 1: Section 26.470.100.1) shall be rescinded and adopted as follows:
26.470.100 Planning and Zoning Commission applications.
D. Demolition or redevelopment of multi-family housing. The City's neighborhoods have
traditionally been comprised of a mix of housing types, including those affordable by its working
residents. However, because of Aspen's attractiveness as a resort environment and because of the
physical constraints of the upper Roaring Fork Valley, there is constant pressure for the
redevelopment of dwellings currently providing resident housing for tourist and second-home use.
Such redevelopment results in the displacement of individuals and families who are an integral
part of the Aspen work force. Given the extremely high cost of and demand for market-rate
housing, resident housing opportunities for displaced working residents, which are now minimal,
will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals who
face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution
effects of commuting and prevent exclusion of working residents from the City's neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working residents
be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing
Authority have provided affordable housing both within and adjacent to the City limits. The
private sector has also provided affordable housing. Nevertheless, as a result of the replacement
of resident housing with second homes and tourist accommodations and the steady increase in the
size of the workforce required to assure the continued viability of Aspen area businesses and the
City's tourist-based economy,the City has found it necessary, in concert with other regulations,to
adopt limitations on the combining, demolition or conversion of existing multi-family housing in
order to minimize the displacement of working residents,to ensure that the private sector maintains
its role in the provision of resident housing and to prevent a housing shortfall from occurring.
The combining, demolition(see definition of demolition.), conversion, or redevelopment of
multi-family housing shall be approved, approved with conditions or denied by the Planning and
Zoning Commission based on compliance with the following requirements:
1. Requirements for combining, demolishing, converting or redeveloping free-market
multi-family housing u� Only one (1) of the following two (3) options is required
to be met when combining, demolishing, converting or redeveloping a free-market
multi-family residential property. To ensure the continued vitality of the community
and a critical mass of local working residents, no net loss of density (total number of
units)between the existing development and proposed development shall be allowed.
Ordinance No.12, Series of 2021
Multifamily Replacement
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a. One-hundred-percent replacement. In the event of the demolition of free-market
multi-family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one hundred percent (100%) of the number of
units, bedrooms and net livable area demolished. The replacement units shall be
deed-restricted as resident occupied (RO) affordable housing, pursuant to the
Guidelines of the Aspen/Pitkin County Housing Authority. In summary,this option
replaces the demolished free-market units with an equal number of units,bedrooms
and net livable area of deed-restricted, Resident Occupied (RO) development. An
applicant may choose to provide the mitigation units at a lower category
designation. Each replacement unit shall be approved pursuant to Subsection C,
Affordable housing, of this Section.
When this one-hundred-percent standard is accomplished, the remaining
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in
the number of free-market residential units on the parcel. Free-market units in
excess of the total number originally on the parcel shall be reviewed pursuant to
Section 26.470.110, subsection H or I, Residential Development— sixty (60%) or
seventy (70%)percent affordable as required.
b. Fifty-percent percent replacement. In the event of the demolition of free-market multi-
family housing and replacement of less than one hundred percent (100%) of the
number of previous units, bedrooms or net livable area as described above, the
applicant shall be required to construct affordable housing consisting of no less than
fifty percent (50%) of the number of units, bedrooms and the net livable area
demolished. The replacement units shall be deed-restricted as Category 4 housing,
pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. In
summary, this option replaces the free-market units—with 50% of the new units,
bedrooms and net livable area allowed as free market units and 50% of the new
units, bedrooms and net livable area required as deed-restricted, Category 4,
affordable housing units. An applicant may choose to provide mitigation units at a
lower category designation. Each replacement unit shall be approved pursuant to
Paragraph 26.470.100.C, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development on
the site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.080 — General
Requirements, and there is no increase in the number of free-market residential
units on the parcel. Free-market units in excess of the total number originally on
the parcel shall be reviewed pursuant to Section 26.470.100, subsection H or I,
Residential Development — sixty (60%) or seventy (70%) percent affordable as
required.
c. One-hundred percent affordable housing replacement. When one-hundred-percent
of the free-market multi-family housing units are demolished and are solely
Ordinance No.12, Series of 2021
Multifamily Replacement
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replaced with deed-restricted affordable housing units on a site that are not required
for mitigation purposes, including any net additional dwelling units, pursuant to
Section 26.470.110.1), Affordable Housing; all of the units in the redevelopment
are eligible for a Certificate of Affordable Housing Credit, pursuant to Section
26.540 Certificate of Affordable Housing Credit. Any remaining unused free
market residential development rights shall be vacated.
2. , Requirements for demolishing deed-restricted, affordable multi-family housing units:
In the event a project proposes to demolish or replace existing deed-restricted
affordable housing units, the redevelopment may increase or decrease the number of
units,bedrooms or net livable area such that there is no decrease in the total number of
employees housed by the existing units. The overall number of replacement units,unit
sizes, bedrooms and category of the units shall comply with the Aspen/Pitkin County
Housing Authority Guidelines.
3. Location requirement. Multi-family replacement units, both free-market and
affordable, shall be developed on the same site on which demolition has occurred,
unless the owner shall demonstrate and the Planning and Zoning Commission
determines that replacement of the units on site would be in conflict with the parcel's
zoning or would be an inappropriate solution due to the site's physical constraints.
When either of the above circumstances result,the owner shall replace the maximum
number of units on site which the Planning and Zoning Commission determines that
the site can accommodate and may replace the remaining units off site, at a location
determined acceptable to the Planning and Zoning Commission, or may replace the
units by extinguishing the requisite number of affordable housing credits, pursuant to
Sec. 26.540, Certificates of Affordable Housing Credit.
When calculating the number of credits that must be extinguished,the most restrictive
replacement measure shall apply. For example, for an applicant proposing to replace
one 1,000 square foot three-bedroom unit at the 50%rate using credits, the following
calculations shall be used:
• 50% of 1,000 square feet=500 square feet to be replaced. At the Code mandated
rate of 1 FTE per 400 square feet of net livable area,this requires the
extinguishments of 1.25 credits; or
• A three-bedroom unit= 3.0 FTE's. 50% of 3.0 FTE's= 1.50 credits to be
extinguished.
Therefore,in the most restrictive application,the applicant must extinguish 1.50 credits
to replace a three-bedroom unit at the 50%rate. The credits to be extinguished would
be Category 4 credits.
Ordinance No.12,Series of 2021
Multifamily Replacement
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4. Fractional unit requirement. When the affordable housing replacement requirement of
this Section involves a fraction of a unit, fee-in-lieu may be provided only upon the
review and approval of the City Council, to meet the fractional requirement only,
pursuant to Paragraph 26.470.110.C, Provision of required affordable housing via a
fee-in-lieu payment.
5. Timing requirement. Any replacement units required to be deed-restricted as
affordable housing shall be issued a certificate of occupancy,according to the Building
Department, and be available for occupancy at the same time as, or prior to, any
redeveloped free-market units,regardless of whether the replacement units are built on
site or off site.
6. Redevelopment agreement. The applicant and the City shall enter into a redevelopment
agreement that specifies the manner in which the applicant shall adhere to the approvals
granted pursuant to this Section and penalties for noncompliance. The agreement shall
be recorded before an application for a demolition permit may be accepted by the City.
7. Growth management allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided that
the units conform to the provisions of this Section. The redevelopment credits shall
not be transferable separate from the property unless permitted as described above in
Subparagraph 4, Location requirement.
8. Exemptions. The Community Development Director shall exempt from the procedures
and requirements of this Section the following types of development involving Multi-
Family Housing Units. An exemption from these replacement requirements shall not
exempt a development from compliance with any other provisions of this Title:
a. The replacement of Multi-Family Housing Units after non-willful demolition such
as a flood, fire, or other natural catastrophe, civil commotion, or similar event not
purposefully caused by the landowner. The Community Development Director
may require documentation be provided by the landowner to confirm the damage
to the building was in-fact non-willful.
To be exempted,the replacement development shall be an exact replacement of
the previous number of units, bedrooms, and square footage and in the same
configuration. The Community Development Director may approve exceptions
to this exact replacement requirement to accommodate changes necessary to
meet current building codes; improve accessibility;to conform to zoning, design
standards, or other regulatory requirements of the City; or,to provide other
architectural or site planning improvements that have no substantial effect on the
use or program of the development. (Also see Chapter 26.312—
Nonconformities.) Substantive changes to the development shall not be
exempted from this Section and shall be reviewed as a willful change pursuant to
the procedures and requirements of this Section.
Ordinance No.12,Series of 2021
Multifamily Replacement
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b. The demolition of Multi-Family Housing Units by order of a public agency
including, but not limited to, the City of Aspen for reasons of preserving the life,
health, safety, or general welfare of the public.
c. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which have been used exclusively as tourist
accommodations or by non-working residents. The Community Development
Director may require occupancy records,leases,affidavits,or other documentation
to the satisfaction of the Director to demonstrate that the unit(s) has never housed
a working resident. All other requirements of this Title shall still apply including
zoning, growth management, and building codes.)
d. The demolition, combining, conversion, replacement, or redevelopment of Multi-
Family Housing Units which were illegally created (also known as "Bandit
Units"). Any improvements associated with Bandit Units shall be required to
conform to current requirements of this Title including zoning, growth
management, and building codes. Replaced or redeveloped Bandit Units shall be
deed restricted as Resident Occupied affordable housing, pursuant to the
Guidelines of the Aspen/Pitkin County Housing Authority.
e. Any development action involving demising walls or floors/ceilings necessary for
the normal upkeep,maintenance,or remodeling of adjacent Multi-Family Housing
Units.
f. A change order to an issued and active building permit That proposes to exceed the
limitations of remodeling/demolition to rebuild portions of a structure which, in
the opinion of the Community Development Director, should be rebuilt for
structural, safety, accessibility, or significant energy efficiency reasons first
realized during construction, which were not known and could not have been
reasonably predicted prior to construction,and which cause no or minimal changes
to the exterior dimensions and character of the building.
Section 2: Section 26.470.080.D.7.e shall be rescinded and adopted as follows (in the correction
of a scrivener's error):
e. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-
lieu payment may be made by right. If the total mitigation requirement for a
project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council
approval,pursuant to Section 26.470.110.C.
Section 3• '
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Ordinance No.12,Series of 2021
Multifamily Replacement
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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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 5•
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.
Section 6•
A public hearing on this ordinance was held on the 1 lth day of May,2021,at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED,READ,AND ORDERED PUBLISHED as provided by law,by the City
Council of the City of Aspen on the 271h day of April, 2021.
ATTEST:
c
Nicole Henning, City Clerk Torre, Mayor
FINALLY,adopted,passed and approved this 1 lth day of May,2021.
Torre,Mayor
ATTEST: APPROVED AS TO FORM:
r
Nicole Henning, City Clerk itimes R. True, City Attorney
Ordinance No.12, Series of 2021
Multifamily Replacement
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