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HomeMy WebLinkAboutExhibit B_GMQS Change in Use Page 1 of 4 Exhibit B GMQS Chan ge in Use Staff Findings 26.470.100 A. Change in use. A change in use of an existing property, structure or portions of an existing structure between the development categories identified in Section 26.470.020 (irrespective of direction), for which a certificate of occupancy has been issued and which is intended to be reused, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the general requirements outlined in Section 26.470.080. No more than one (1) free-market residential unit may be created through the change-in -use. 26.470.080. General Review Standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years from which the allotments are requested. B. Development Conformance: The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. D. Affordable Housing Mitigation. 1) For commercial development, sixty -five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. Page 2 of 4 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100.H. 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows: Development Order applied for during calendar year - Mitigation required (percent of employees generated by the existing space that has previously not mitigated) 2017 15% 2018 18% 2019 21% 2020 24% 2021 27% 2022 30% 2023 33% 2024 36% 2025 39% 2026 42% 2027 45% 2028 48% 2029 51% 2030 54% 2031 57% 2032 60% 2033 63% 2034 65% 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3, above. Page 3 of 4 5) For free -market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. 6) For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. 7) For all affordable housing units that are being provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash -in -lieu. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. e. If the total mitigation requirement for a project is less than .25 FTEs, a cash-in -lieu payment may be made by right. If the total mitigation requirement for a project is .25 or more FTEs, a cash -in -lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. g. 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 Chapter 26.430 8) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). Page 4 of 4 Staff Finding: The property is to change from commercial use to a single -family home. Within the Growth Management system there are 19 allotments per year for new residential development. (Note that demolition and replacement of existing homes, or conversion of a home from single -family to duplex does not count in the tracking of these 19 units.) Adequate allocations are available in this year’s pool to allow this project to occur. Addressing the remaining review criteria, the proposal conforms to the Conceptual HPC approval, as required, and the site is adequately served by public infrastructure. Up until the recent changes to the historic preservation benefits, this Change in Use would not have required affordable housing mitigation, however that provision was revoked by City Council out of concern for Aspen’s overall deficit . This project will mitigate like all othe r non -historic homes and mitigation will be calculated and due at building permit. In brief, the floor area of the project is multiplied by a standard number of full-time employees determined to be generated for every 1,000 square feet of new single -family development. In this case it is approximately 1,919 square feet of proposed floor area/1,000 square feet x 0.16 (the standard employee generation number)= 0.31 employees to be mitigated. This condition of approval is included in the draft HPC resolution. Staff finds that the criteria f or Change in Use are met.