HomeMy WebLinkAboutcoa.gmc.19960606SPECIAL MEETING
THURSDAY, JUNE 6, 1996, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. Continued Discussion - North 40
II. ADJOURN
TO: The Growth Management Commission
FROM: Cindy Houben, Community Development Director
Rick Magill, Planner
RE: Continued review of the North 40 proposal
DATE: June 6, 1996
Tonight's meeting was scheduled in order to continue discussion from the June 4th
Growth Management Meeting regarding the N-40 proposal. Tonight's meeting should be
used to discuss several threshold issues regarding the proposal. A later meeting will most
likely be needed in order to establish the City Planning. and Zoning Commission referral
comments and the County Planning and Zoning Commission recommendations relative to
all of the "other" issues and details involved in this review.
Staff is requesting that tonight's discussion be limited to the following issues:
1. A mechanism to include the commercial component of the development in this review
process. As explained, and as will be further discussed at the meeting, the applicants are
proposing that the commercial component be included in the application. The applicants
believe that there is a certain level of AH associated commercial which can be supported
by the residential element of the proposal. However, they do not believe that the size and
configuration of the parcel warrants additional, traditional B-2 zoning on a portion of the
parcel. Because staff contends that rezoning of the parcel to B-2 should not occur
without a GMQS application, we offer the following language for a condition which
would allow the proposal to proceed and provides the applicant with an acceptable
comfort level.
Proposed condition language: Parcel shall be designated on the detailed/final plat as
AH/Accessory Commercial. GMQS and SR approvals are required prior to development
of the parcel. The Growth Management Commission acknowledges that the parcel may
not be suitable for additional affordable housing given its proximity to the highway and
the existing industrial uses, and that the parcel may be too large for the amount of AH
associated commercial required by the AH development. Therefore, the applicant has the
option to request a rezoning to B-2, in association with the GMQS and SR application for
a portion of the parcel. The GMQS and SR reviews shall determine the appropriate level
of AH/Accessory uses and whether or not the B-2 rezoning and its associated uses are
appropriate for the parcel.
2. Implications of 100% R.O.:
The application is requesting that 100% of the proposed 71 lots be R.O. There are
several issues that arise when this alternative is proposed. Those include:
1. The character of the proposal and how it relates to the AACP goals;
2. The number of RO units that will remain for the community and the continued
success of the other AH zone districts that require a mix of AH types;
3. How the accounting for the RO units can be accomplished with the least
number of impacts to the AH program;
4. The Housing Authority Board's Comments (attached).
SUMMARY: Staff requests that we discuss these issues tonight and postpone the
remainder of the discussion regarding the proposal to another date.
Attachments:
1. Housing Office memo
2. RO criteria
3. AH/2 PUD zone district
To: Rick McGill, Community Development
From: Dave Tolen, Housing Office
Re: North Forty AH
Date: 6 June, 1996
The Housing Board reviewed John McBride's proposal for a 100% Resident Occupied project and the
appropriateness of a multi year allocation for the project. The Housing Board agreed that a multi year
allocation would be appropriate, but was very concerned about two issues:
• If a multi year allocation is granted, it would be for the purpose of marketing the lots
immediately. The Housing Board wanted to be sure that infrastructure work is complete
and lots are really available within a reasonable period of time after the project was
approved.
• The Housing Board was also concerned about the applicant's desire to have the Resident
Occupied guidelines amended, removing the appreciation caps. The board felt that the
multi year allocation was appropriate only for R.O. units with an appreciation cap.
The Housing board voted to recommend a multi year allocation of Resident Occupied units to the North
Forty project subject to the following conditions:
1. The units would be subject to the Resident Occupied guidelines effective at the time of
Final Approval, provided that the appreciation caps remain a part of the R.O. guidelines. If
the appreciation caps are removed prior to this project's final approval, the project should be
re -scored.
2. The allocation of units from future years will not prevent allocation of Resident Occupied
units for other projects, including projects which do not qualify for future allocations.
3. The infrastructure for the entire North 40 project shall be complete, and all lots shall be
available to qualified purchasers no later than 18 months after final plat approval.
SECTION 2
RESIDENT OCCUPiED UNITS AND QUALIFICATIONS
In addition to the income categories for affordable housing units set forth in Section 1 above, affordable
housing units may also be designated "Resident Occupied Units." This category was created to offer the
private sector an incentive to produce affordable housing for the community. Resident Occupied Units
shall be occupied by persons and families who qualify as stated below. A developer of a Resident
Occupied Unit, either for sale or rental, shall have the right to select the purchaser or tenant of the unit
so long as that person(s) complies with the qualifications set forth below. Sales or rentals of Resident
Occupied Units shall be the responsibility of the owner of the unit. The Housing Office shall only qualify
purchasers or tenants for compliance as set forth below.
REQUIR0AENT5 TO PURCHASE RO UNITS
Resident Occupied Units shall meet the following criteria:
A. No asset or income requirements.
B. initial Sales Price - set by developer.
C. Maximum Resale Price/Appreciation - The maximum resale price is the purchase price plus our
percent (d°/o) appreciation �simcie, not �omooundedl of he ur-nase price Tor each year cr portion
thereof, that the unit is owned. If an RC unit is sold prier 'o 'hree full years of ownership, then the
owner is not entitled to any aporec;aticn. Cnce the RO unit has been owned for over three full years,
then the owner is entitled to a maximum of four percent 'I°oi (Simple) annual accrac!aticn for eacn
year cr portion thereof that the unit s owned (including years cne thrcugn three;.
®. Unit Size - A maximum of 2,000 gross square feet; a maximum 5500 square foot garage; and a
maximum i,000 Square scot basement. If a larger garage or :;asement is construc:eo, there ail square
footage over �00 or 1,000, respecdvely, will be counted as a part of the 2,000 square feet of space
allowed. This is being readdressed by the BOCC and City Council and their approved
recommendations would override the ones listed here.
E. Employment Requirement - Applicants must demonstrate that they are qualified employees and that
they have three years of consecutive full-time employment, as defined by the Affordable Housing
Guidelines, in Pitkin County immediately prior to application. Seniors who are retired are required to
demonstrate that they were qualified employees based ucon the definition in the Affordable Housing
Guidelines for five consecutive years immediately prior to retirement.
F. Primary Residence - A RO unit must be the owner's primary residence. Proof of residency, including,
but not limited to, voter registration and automobile registration, shall be required.
G. Income/Earnings - Applicants must demonstrate that their income/eamings are earned primarily in
Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a Colorado
resident.
H. Sales and Marketing - In terms of sales and marketing of RO units, the Housing Office shall only
qualify prospective purchasers. Units will be bought and sold in the private sector, however, each
sale shall contribute a one percent (1 °'°) fee (on total sale price) to the overall housing program. This
fee will be collected in the same fashion as the FNMA fee at closing. (If the Housing Office markets
and sells Resident Occupied units, then the Seiler shall contribute a 2% fee [on total sale price] to the
overall housing program, excluding the 1 % fee above.)
1995 AspeniPitkin County Housing Guidelines Page 4 of 29
Ordinance No. 96-
Page 3
family -oriented affordable housing, promote housing proposals that
reflect surrounding neighborhood.
NOW THEREFORE BE IT ORDAINED BY THE PITKIN COUNTY BOARD OF
COUNTY COMMISSIONERS THAT THEY DO HEREBY AMEND THE PITKIN COUNTY
LAND USE CODE TO CREATE THE FOLLOWING NEW ZONE DISTRICTS:
Sec. 3-40.71 Affordable Housing/Planned Unit Development (AH
2/PUD) .
A. IN=T. The purpose of the Affordable Housing (AH/2 PUD) zone
district is to provide for the use of land for the production
of Category 1, 21 3, and 4 affordable housing and resident
occupied units and lots (as defined by the Housing Authority
Guidelines of the Aspen/ Pitkin County Housing Authority)
within the Aspen Metro area. The zone district also permits
a limited component of free market units to off -set the cost
of developing affordable housing. It is contemplated that
land may also be subdivided in connection with a development
plan.
The Affordable Housing (AH 2/PUD) zone district is intended
for residential use primarily by permanent residents of the
community. Recreational and institutional uses customarily
found in proximity -to residential uses are included as special
review uses. Commercial uses which are accessory to the
housing development are also included as special review uses.
Lands in the Affordable Housing (AH 2/PUD) zone- district
should be scattered throughout the Metro Area to ensure a mix
of housing types, including those which are affordable by its
working residents; at the same time the Affordable Housing (AH
2/PUD) zone district can protect the area's neighborhoods from
rezoning pressures that other non -community oriented zone
districts may produce. Further, lands in the Affordable
Housing (AH 2/PUD) zone district should be located within
walking distance of activity areas or on transit routes, and
on pedestrian and bicycle trails. The County AH zone district
Metro area regulations only apply within the Metro area,
outside of the Aspen city limits, as described in the
definition section of the County Land Use Code.
B. Allowed Uses. The following uses are permitted as of right in
the Affordable Housing (AH 2/PUD) zone district.
1. Residential uses restricted to Category 1, 2, 3, and 4
affordable housing guidelines and resident occupied
3
Ordinance No. 9 6
Page 4
units( as defined by the Housing Authority Guidelines of
the Aspen/ Pitkin County Housing Authority).
2. Accessory Buildings and Uses
3. Bus Stop and/or transit facilities
4. Day Care Centers
5. Home Occupations
6. Parks, Playground, Playing Fields
7. Solar Energy Collectors (Private Use)
8. Trails
C. Special Review Uses: The following uses are subject to
special review:
1. Agriculture Stands
2. Caretaker Dwelling Units
3. Cemeteries
4. Churches
5. Club Houses or Recreational Buildings used in connection
with and accessory to a permitted outdoor recreational
use
6. Community Health Facilities
es
7. Dormitory Housing
8. Employee Dwelling Units
9. Farm Buildings
10. Golf Courses
11. Mobile Homes
12. Nursing, Convalescent, Rest, and Retirement Homes
13. Outdoor Recreational Uses
14. Commercial uses accessory to the housing development.
15. Prefabricated Homes not requiring building code
exceptions
16. Satellite Reception Devides
17. Schools / Universities
18. Sewage Disposal Areas / Landfills / Water Plants
19. Uses, Activities and Facilities Permitted by Special Use
Permit Issued by Federal Agencies
20. Water Crossing and Diversion
D. Prohibited Uses: The following use are prohibited in the
Affordable Housing (AH) Zone District.
1. Airport
2. Alpine Ski Areas and Support
3. Amusement and Entertainment Establishments
4. Animal Production and Husbandry Services, and Other Farm
and Agricultural Uses
5. Commercial Automobile Parking Lots
6. Commercial Camping Areas
7. Commercial Firewood Splitting, Storage and Sales
4
Ordinance No. 96-
Page 5
8. Commercial Kennels and Veterinary Clinics
9. Commercial Riding Stables
10. Equipment Supplies and Contraction or Subcontraction
11. Essential Government and Public Utility Uses, Facilities
and Services
12. Financial Institutions
13. General Services
14. Guest Ranches
15. Hospitals
16. Junk Yards
17. Logging
18. Medical / Dental Clinics
19. Mineral Exploration/Mining Concrete Batch Plants
21. Motels, Hotels, Lodges
22. Nordic Ski Areas and Support Facilities
23. Of -,"'ices
24. Places for Retailing of Goods (where structures and
businesses are greater than to 12,000 square feet of
gress floor area) deg 5tC Lire_
25. Professional Offices
26. Radio Transmitting Station
27. Research Facilities, Indoors
23. Research Facilities, Other
29. Resort Cabins
30. Restaurants and Bars
31. Timesharing / Fractional Fees
32. Uses not Listed
33. Vehicle and Aircraft Sales and Service
D. Dimensional - racruirements. The following dimensional
requirements shall apply to all permitted and Special Review
uses in the Affordable Housing (AH) zone district.
1. Minimum lot area: 3,000 square feet
2. Minimum lot area per Principal Use is dependent upon the
type of Affordable Housing:
a. Detached residential dwelling: 3,000
b. Duplex: 1,500
C. For multi -family dwellings on a lot of less than
27,000 square feet or between 27,000 square feet and
43,560 square feet or less when approved by special
review pursuant to Section 3-20, the following
square feet requirements apply:
1) Studio: 300
2) 1 bedroom: 400
3) 2 bedroom: 800
4) 3 bedroom: 1,200
5
Irdinance No. 96-
Page 6
5) Units with more than 3 bedrooms: One (1)
bedroom per 400 square feet of lot area.
d. For multi -family dwellings on a lot of more than
27,000 square feet (except when varied by special
review) the following square feet requirements
apply:
1)
Studio: 1,000
2)
1 bedroom:
1,250
3)
2 bedroom:
2,100
4)
3 bedroom:
3,630.
5)
Units with
more
bedroom per
1,000
than 3 bedrooms: One (1)
square f eet of lot area.
3. Minimum lot width (feet):
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height- Principal and Accessory Structures:
Minimum distance between buildings on the lot:
Minimum usable Open Space per Dwelling Unit:
To be determined during PUD review, based upon the
criteria in Section 3-170 including but not limited to
neighborhood compatibility and adjacent zone district
regulations.
4. Maximum Floor Area Ratio: The allowable floor area
permitted in this zone is determined by the following
table and shall be applied to the proposed fathering
parcel. Floor area allocations on newly proposed
subdivided lots shall be determined as part of the
Planned Unit Development review, but in no case shall
they cumulatively exceed the provisions of this section.
Sites may be developed up to 85% of the allowed f loor
area. Up to 100% of the f loor area may be permitted by
special review, pursuant to Section 3-20.
Lot Size
(Square Feet)
Allowable
Square Feet
015,000 square feet 1.1:1
15,001 square feet--25,000 square fee-- 1:1
25,001 43,560 square feet .8':1
>1 acre 3 acres .6:1
>3 acres 6 acres .36:1
>6 acres .3:1
0
Ordinance No. 96-
Page 7
E. Off-street parking requirement. Parking standards in the AH
2/PUD zone -shall be consistent with the provisions of Section
3-1108, except for residential uses which shall be established
by special review pursuant to Section 3-20. The maximum number
of parking spaces required shall not exceed 1 space/bedroom
for Free Market Units. Parking spaces shall not exceed 1
space/bedroom or 2 spaces/dwelling unit, whichever is less for
the Deed Restricted Units (Category of Resident Occupied
Units) .
Sec. 3-40.72 Affordable Housing/Planned Unit Development (AID
3/PUD).
A. INTENT. The purpose of the Affordable Housing (AH 3/PUD) zone
district is to provide for the use of land for the production
of Category 1,-2, 3, and 4-affordable housing and resident
occupied units ( as defined by the Housing Authority Guidelines
of the Aspen/Pitkin County Housing Authority) within the Aspen
area Community Plan extended Metro .Area. The zone district -
also permits a limited component of free market units/lots to
off -set the cost of developing affordable housing. It is
contemplated that land may also be subdivided in connection
with a development plan. The Affordable Housing (AH 3/PUD)
zone district is intended for residential use primarily by
permanent residents of the community. Recreational and
institutional uses customarily found in proximity to
residential uses are included as special review uses.
Commercial uses which are accessory to the housing development
are also included as special review uses.
Lands in the Affordable Housing (AH) zone district should be
scattered throughout the AACP Housing to ensure a mix of
housing types, including those -which are affordable by its
working residents; at the same time the Affordable Housing (AH
3 /PUD) zone district can protect the area's neighborhoods from
rezoning pressures that other non -community oriented zone
districts may produce. Further, lands in the Affordable
Housing (AH 3/PUD) zone district should be located within
walking distance on transit routes, and on'pedestrian and
bicycle trails. These AH AACP housing area regulations apply
to the area west of the Metro area boundary (as described in
the County Land Use Code definition section) to the Aspen
Village Mobile Home Park.
B. Allowed Uses. The following uses are permitted as of right
in the Affordable Housing (AH 3/PUD) zone district.
1. Residential uses restricted to Category 11 2, 3, and 4
affordable housing guidelines and resident occupied
7