HomeMy WebLinkAboutcoa.lu.ca.RMF Housing.A083-99
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager ~
John Worcester, City Attorney
Julie Ann Woods, Community Developm.ent Director I . I
Joyce Ohlson, Deputy Director ...J.AQ
Christopher Bendon, Planner ~
Code Amendment - Definition of "Residential Multi-Family Housing"
Second Reading of Ordinance No. 41, Series of 1999
FROM:
RE:
DATE:
October 25, 1999
SUMMARY:
The City of Aspen recently reorganized the Land Use Code and incorporated the
residential multi-family housing replacement provisions formerly located in "Title
20" into Title 26 - the Land Use Code. In doing so, a new definition was added to the
code defming the term "Residential Multi-Family Housing." This new definition
however, neglected to apply the replacement provisions to units within multi-use
buildings. When located in Title 20, replacement did apply to multi-use buildings.
This code amendment will fix this omission by including language in this new
definition that coincides with the former language. The Planning and Zoning
Commission reviewed this code amendment and recommended approval by a four to
zero (4-0) vote. The Commission's action created a pending Ordinance. This
prevents the issuance of building permits that would be in conflict with this proposed
Ordinance.
An issue of the definition wording was raised during first reading. Specifically, the
request was to simplify the language. Staff has reworded this definition to make it
more understandable without changing the policy.
Staff recommends City Council adopt Ordinance No. 41, Series of 1999.
ApPLICANT:
Community Development Department, City of Aspen.
REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission considered this application
at a public hearing and recommended approval. City Council shall, by Ordinance,
approve, approve with conditions, or deny the code amendment at a public hearing.
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BACKGROUND:
Title 20, the Multi-Family Replacement Program, referenced the land use code
definition of multi-family dwellings and included residential units within mixed-use
developments. When the provisions of Title 20 were moved to the land use code, a
new definition was created which did not include units within mixed-use buildings.
This was an oversight that should be corrected by the adoption of this Ordinance.
During first reading City Council requested the language be re-written for clarity.
Following is the wording presented during first reading and the re-written text:
First Reading Definition:
A multi-family residential building, a dwelling unit in a multi-family
residential building, one or more dwelling units in an office, retail,
commercial, service commercial building, or three or more detached dwellings
on a historic landmark property where permitted by the zone district which has
historically been occupied by a working resident(s), excluding single-family
and duplex dwellings, and excluding dwelling units which have been utilized
exclusively as tourist accommodations or which have always been occupied
by an owner who does not qualify as a working resident.
Second Reading Definition:
A dwelling unit which has in its history ever housed a working resident and
which is located in a building in one of the following configurations:
1) A multi-family residential building;
2) a mixed-use building; or,
3) a detached building on a Historically Landmarked parcel containing
three or more detached residential units where permitted by the zone
district.
Excluded from this definition shall be single-family and duplex dwellings and
dwelling units used exclusively as tourist accommodations or by non-working
residents.
RECOMMENDATION:
Staff recommends City Council adopt this Ordinance.
RECOMMENDED MOTION:
"I move to adopt Ordinance No, 41, Series of 1999."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
C:\home\CHRISB\CASES\RMFH _ det\cc _ second. doc
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EXHIBIT A
STAFF COMMENTS: Code Amendment
Section 26.310.040, Text Amendment Standards of Review
In reviewing an amendment to the official zone district map, the City Council and the
Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title,
StaffFinding:
The proposed code amendment replaces language unintentionally removed during the re-
organization of the Land Use Code. The amendment does not represent new land use
policy or a change in land use policy for the City of Aspen. Staff does not believe this
amendment represents a conflict with any portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
The amendment replaces the text applicable to a policy adopted in 1990 prior to the
adoption of the 1993 Aspen Area Community Plan. This amendment replaces language
that is consistent with the AACP. In fact, not replacing this language would be
inconsistent with the AACP.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
D. The effect of the proposed amendment on traffic generation and road
safety.
Staff Finding:
These two criteria apply to rezoning applications and do not apply to this text
amendment.
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 facilities,
including, but not limited to, transportation facilities, sewage facilities,
water supply, parks, drainage, schools, and emergency medical facilities.
Staff Comments 1
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Staff Finding:
This text amendment will not, itself, introduce additional demands on public services. In
fact, this section of the code encourages on-site replacement housing for working
residents. This requirement represents a reduction in services needed to accommodate
affordable housing which must be located on the site.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The replacement requirements affect sites which are already developed. Furthermore, the
language being re-inserted into this ordinance addresses multi-use buildings, more
common in the commercial core and intensive zone districts near the center of Aspen.
Staff does not believe this replacement requirement represents the potential for significant
adverse impacts upon the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
This amendment replaces language for a land use policy adopted specifically for
addressing the community character and the desire to protect working resident housing in
town. .Staffbelieves replacing this language is consistent and compatible with the City's
character.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed amendment.
Staff Finding:
This criteria applies to rezoning applications and does not apply to this text amendment.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Staff Finding:
The purpose of this amendment is to replace language of a land use policy that was
specifically adopted to address the public interest. Staff believes this amendment
promotes the purpose and intent of this Title and is in harmony with the public interest.
C;\home\CHRlSB\CASESIRMFH _dellec _ex_ a.doe
Staff Comments 2
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney ~
Julie Ann Woods, Community Development Director . .
Joyce Ohlson, Deputy Directo~
Christopher Bendon, Planner ()J}JI] .
Code Amendment - Definition of "Residential Multi-Family Housing"
First Reading of Ordinance No. 4/ , Series of 1999
FROM:
RE:
DATE:
October 12, 1999
SUMMARY:
The City of Aspen recently reorganized the Land Use Code and incorporated the
residential multi-family housing replacement provisions formerly located in "Title
20" into Title 26 - the Land Use Code. In doing so, a new definition was added to the
code defining the term "Residential Multi-Family Housing." This new definition
however, neglected to apply the replacement provisions to units within multi-use
buildings. When located in Title 20, replacement did apply to multi-use buildings.
This code amendment will fix this omission by including language in this new
defmition that coincides with the former language. The Planning and Zoning
Coinrnission reviewed this code amendment and recommended approval by a four to
zero (4-0) vote. The Commission's action created a pending Ordinance. This
prevents the issuance of building permits that would be in conflict with this proposed
Ordinance.
Staff recommends City Council adopt Ordinance No. 41, Series of 1999, upon
first reading.
ApPLICANT:
Community Development Department, City of Aspen.
REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission considered this application
at a public hearing and recommended approval. City Council shall, by Ordinance,
approve, approve with conditions, or deny the code amendment at a public hearing.
BACKGROUND:
Title 20, the Multi-Family Replacement Program, referenced the land use code
definition of multi-family dwellings and included residential units within mixed-use
developments. When the provisions of Title 20 were moved to the land use code, a
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new definition was created which did not include units within mixed-use buildings.
This was an oversight that should be corrected by the adoption of this Ordinance.
RECOMMENDATION:
Staff recommends City Council adopt this ordinance upon first reading and schedule
second reading for October 25,1999.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. ~ Series of 1999, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
C:\home\CHRISB\CASES\RMFH_det\cc_first.doc
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MEMORANDUM
THRU:
Aspen Planning and Zoning Commission
Julie Ann Woods, Community Development Director ~ .
Joyce Ohlson, Deputy Director , '
Christopher Bendon, Planner ~IN\
Code Amendment - Definition of "Residential Multi-Family Housiug"
- Public Hearing
TO:
FROM:
RE:
DATE:
September 21, 1999
SUMMARY:
The City of Aspen recently reorganized the Land Use Code and incorporated the
residential multi-family housing replacement provisions formerly located in "Title
20" into Title 26 -the Land Use Code. In doing so, a new definition was added to the
code defining the term "Residential Multi-Family Housing." This new definition
however, neglected to apply the replacement provisions to units within multi-use
buildings. When located in Title 20, replacement did apply to multi-use buildings
This code amendment will fix this omission by including language in this new
definition that coincides with the former language. In addition, this Resolution
creates a "pending Ordinance" and effectively amends the code, subject to approval
by the City Council.
Staff recommends the Planning and Zoning Commission forward a
recommendation of approval to City Council for this text amendment
concerning the definition of "Residential Multi-Family Housing."
ApPLICANT:
Community Development Department, City of Aspen.
REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission shall consider the
application at a public hearing and recommend approval, approval with conditions, or
denial to City Council.
BACKGROUND:
Title 20, the Multi-Family Replacement Program, referenced the land use code
definition of multi-family dwellings and including residential units within mixed-use
developments. When the provisions of Title 20 were moved to the land use code, a
new definition was created which did not include units within mixed-use buildings.
This was an oversight and not intended to be part of the amendments at the time.
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RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to amend the definition of "Residential Multi-Family
Housing" as provided in the attached Resolution.
RECOMMENDED MOTION:
"I move to recommend City Council amend the definj.V,Wl of the term Rf!sidential. .
Multi-Family Housing as provided in Resolution 99~."
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ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Proposed P&Z Resolution
C:\home\CHRISB\CASES\RMFH~det\PZ_MEMO.doc
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