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HomeMy WebLinkAboutagenda.apz.20021112 AGENDA ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING TUESDAY, NOVEMBER 12, 2002 4:30 PM RED BRICK ARTS AND RECREATION CENTER CONFERENCE ROOM 110 E.HALLAM STREET I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. INFILL LAND USE CODE AMENDMENTS, Chris Bendon, continued from NOvember 5th V. BOARD REPORTS VI. ADJOURN I i I MEMORANDUM TO: Planning and Zoning Commission FROM: Chris Bendon, Senior Long Range Planner RE: City of Aspen Infill Program — Continued Public Hearing , DATE: November 12, 2002 SUMMARY: This meeting is the ninth substantive review meeting to consider amendments to the Land Use Code related to the Infill Report. Included, by reference, to the previous memorandum were exhibits for revised and new sections of the Land Use Code contained in a 3-ring binder. Tonight's focus will be on: Multi -Family Housing Replacement (proposed text U and existing text UU) Commercial Zone Districts ATTACHMENTS: Section U — Proposed Housing Replacement Section UU — Existing Housing Replacement REFERENCE MATERIALS: Proposed and Existing legislation, 3-Ring Binder (distributed 9.17.02) Infill Report (distributed 9.3.02) 1 Exhibit ki Proposed Housing Replacement Demolition. To raze, disassemble, tear down, or destroy forty percent (40%) or more of an existing structure as measured by above -grade exterior wall assembly and the components necessary for structural integrity, including wall and roof area and associated structure and including doors and windows; also, the removal of a dwelling unit in a multi -family or mixed -use building, or its conversion to non-residential use. (See, Chapter 26.530, Residential Multi -Family Replacement Program.) Chapter 26.530 RESIDENT MULTI -FAMILY REPLACEMENT PROGRAM Sections: 26.530.010 Purpose and intent. 26.530.020 Application of Title. 26.530.030 Certificate of compliance/exemption. 26.530.040 Housing replacement requirements. 26.530.050 Resale restrictions. 26.530.060 Enforcement. 26.530.070 Appeals 26.530.O10 Purpose and Intent. The City of Aspen's neighborhoods have traditionally been comprised. of a mix of housing types, including those which are 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 which currently provide 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. In the Aspen Area Conununity Plan the city has established a goal that affordable housing for working residents be provided by both the public and private sectors. The city, through its housing designee, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing through the GMQS process. 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 Aspen's tourist based economy, the city has found it necessary, in concert with other regulations, to adopt limitations on the demolition of existing multi -family housing in order to minimize the displacement of working residents, to insure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. 26.530.020 Application of Chapter. This Chapter shall apply to the demolition of any resident multi -family housing ("RMF housing"), as defined herein, in the City of Aspen, excluding any. parcel consolidated as a Specially Planned Area (SPA). For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any development action which constitutes Demolition, as defined, and also any action which increases or decreases the net livable square footage of a RMF Housing Unit, any action which increases the floor to ceiling interior height of a RMF Housing Unit, any action which converts a RMF Unit to a non-residential use, or any action which penetrates demising walls or floors between RMF Housing Units, independent of whether or not such action is undertaken to combine or rebuild the units or for any other purpose. No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of this Chapter. The Community Development Department shall not issue a permit for the demolition of any multi -family dwelling unit unless the owner has obtained either a certificate of compliance or a certificate of exemption issued in accordance with this Chapter. A certificate of compliance or a certificate of exemption shall only be issued by the Community Development Director if the applicant has complied with the provisions of this Chapter. Any RMF housing unit which is ordered to be demolished by any public agency, including the city, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Chapter. This Chapter shall not apply to the demolition of any RMF housing unit owned by the City of Aspen, the Aspen/Pitkin County Housing Authority, or any public development authority. The City Council, at their discretion, may exempt non-profit agencies or organizations from the provisions of this Chapter. 26.530.030 Certificate of compliance/exemption. Any applicant, prior to applying for a building permit from the Community Development Department for the purpose of demolishing any multi -family dwelling uliit, must first obtain a certificate of compliance or a certificate of exemption from the requirements of this Chapter. A. Certificate of compliance. In order to obtain a certificate of compliance, the owner shall: 1. Submit to the Community Development Director a statement, certified by the City of Aspen Zoning Officer, declaring the number of RMF housing units, bedrooms, and the net residential area to be affected by demolition. 2. Where required, secure- necessary land use approvals and development orders for the project to be developed on the site of the demolished building or -on such other location as may be approved. 3. Execute a housing replacement agreement with the City of Aspen setting forth the terms and conditions upon which replacement housing shall be provided and sold, which agreement shall be in a form acceptable to the City Attorney. The agreement shall burden the property and be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the city. B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit(s) is exempt from the provisions of this Section, the basis upon which exemption is claimed and such additional documentation as may be required by the Community Development Director in order to establish the exemption. If the Community Development Director is satisfied that the dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A Certificate of Compliance or Certificate of Exemption shall be obtained prior to the submission of a building permit. D. Form of Certificate. A Certificate of Compliance or Exemption shall be in a form approved by the Community Development Director. The Certificate shall constitute a Development Order issued pursuant to Section 26.304.070, Development Orders. 26.530.040 Housing replacement requirements. A. Minimum replacement requirement. In the event of the demolition of free- market resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished. The replacement housing shall be configured in such a way as to replace fifty (50), percent of the units and fifty (50) percent of the bedrooms affected by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, below. In the event of the demolition of resident multi -family housing deed restricted as affordable housing, the owner shall be required to construct replacement housing consisting of no less than one -hundred (100) percent of the square footage of net residential area demolished. The replacement housing shall be configured in such a way as to replace one -hundred (100) percent of the units and one -hundred (100) percent of the bedrooms affected by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below). B. Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred, .unless the owner shall demonstrate that replacement of the units on -site would be incompatible with adopted neighborhood plans or would be an inappropriate planning 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 City Council determines that the site can accommodate and may replace the remaining units off -site, within the Aspen Urban Growth Boundary. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash -in -lieu shall be determined by the Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing Guidelines. C. Timing and duality of replacement units. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the Affordable Housing Guidelines of the AspenlPitkin County Housing Authority. When replacement units are proposed to be built off - site, the owner shall be required to obtain a development order approving the off - site development prior to or in conjunction with obtaining a development order approving redevelopment on the site on which demolition is proposed to take place. D. Growth Management Replacement Credits. The existing number of free-market residential units, prior to demolition, may be replaced on the same parcel, exempt from growth management. Free-market residential units in excess of those originally on the parcel shall be subject to growth management, Section 26.470. The affordable residential units required to be replaced shall be exempt from growth management, provided the units conform to the requirements of this Chapter. The free-market replacement credits may only be used on the same parcel in which the demolition occurs. If the subject parcel is part of a multi -parcel PUD, the free-market replacement credits may be approved, pursuant to Section 26.445, Planned Unit Development, to be developed on another parcel within the PUD. The free-market units developed off -site shall not to exceed the number of replacement affordable housing units provided in excess of the minimum requirements. 26.530.050 Resale Restrictions. Replacement units shall be "for -sale units" and shall be deed restricted in a form and substance consistent with the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Such deed restricted units may only be sold in compliance with the current Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Rental units shall not be allowed. The owner may be entitled to select purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. 26.530.060 Enforcement. Any person who violates any provision of this Chapter including violation of any provision of a deed restriction executed for the benefit of the City of Aspen or the city's housing designee in compliance with this Chapter shall be liable to the criminal and/or civil penalties and remedies set forth at Section 26.104.040. 26.530.070 Appeals. An applicant aggrieved by a decision of the Community Development Director in the administration of this Section may appeal such decision to the Aspen City Council in accordance with the appeal procedures set forth at Chapter 26.316. Exhibit Existing Housing Replacement Chapter 26.530 RESIDENT MULTI -FAMILY REPLACEMENT PROGRAM Sections: 26.530.010 Purpose and intent. 26.530.020 Application of Title. 26.530.030 Certificate of compliance/exemption. 26.530.040 Housing replacement requirements. 26.530.050 Rental and resale restrictions. 26.530.060 Enforcement. 26.530.010 Purpose and intent. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, .including those which are 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 which currently provide 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 conunute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the city's neighborhoods. In the Aspen Area Community Plan the city has established a goal that affordable housing for working residents be provided by both the public and private sectors. The city, through its housing designee, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing through the GMQS process. 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 Aspen's tourist based economy, the city has found it necessary, in concert with other regulations, to adopt limitations on the demolition of existing multi -family housing in order to minimize the displacement of working residents, to insure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. 26.530.030 Application of Chapter. This Chapter shall apply to the demolition of any resident multi -family housing ("RMF housing"), as defined herein, in the City of Aspen or when two (2) or more ownerships of land, each of which contains one (1) or more detached residential or duplex units, is merged or otherwise combined into a project for the purposes of demolition and reconstruction of the units, excluding any parcel consolidated as a Specially Planned Area (SPA). No owner shall cause the demolition of any RMF housing unit without first obtaining a certificate of compliance or a certificate of exemption in accordance with the provisions of tlis Title. The Community Development Department shall not issue a permit for the demolition of any multi-fainily dwelling unit unless the owner has obtained and presented to the Community Development Department either a certificate of compliance or a certificate of exemption issued in accordance with this Title. Any RMF housing unit which is ordered to be demolished by any public agency, including the city, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Title. A certificate of compliance or a certificate of exemption shall be issued by the city's housing designee only after the owner has complied with the provisions hereof. This Title shall not apply to the demolition or converted use of any RMF housing unit owned by the City of Aspen, the Aspen/Pitkin County Housing Authority, or any public development authority. 26.530.040 Certificate of compliance/exemption. Any owner, as a condition of receiving a permit from the Community Development Department for the purpose of demolishing or enlarging any multi -family dwelling unit, must first obtain a certificate of compliance or a certificate of exemption from the requirements of this Title. A. Certificate of compliance. In order to obtain a certificate of compliance, the owner shall: 1. Submit to the housing designee a statement, on a form to be provided by the city, certifying the number of RMF housing units and bedrooms to be _lost as a result of demolition and the net residential area to be lost by the demolition. 2. Where required, secure necessary land use approvals and permits for the replacement housing to be built on the site of the demolished or enlarged building or on such other location as may be approved. 3. Execute a housing replacement agreement setting forth the terms and conditions upon which replacement housing will be provided and either operated or sold, which agreement shall be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the city. B. Certificate of exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit is exempt from`the provisions of this Title, the basis upon which exemption is claimed, and such additional documentation as may be required by the housing designee in order to establish the exemption. If the housing designee is satisfied that the dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall be issued. C. Procedure. A certificate of compliance or certificate of exemption shall be obtained prior to the submission of a development application. D. Appeals. Any person aggrieved by a decision of the housing designee in the administration of this Title may appeal such decision to the Aspen City Council in accordance with the appeal procedures set forth at Chapter 26.316. 26.530.050 Housing replacement requirements. A. Minimum replacement requirement. In the event of the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.060, below. B. Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on -site would be incompatible with adopted neighborhood plans or would be an inappropriate planning 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 City Council determines that the site can accommodate and may replace the remaining units off -site, within the Aspen Metropolitan Area. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. The amount of a cash -in -lieu shall be computed using the formula set forth at Section 26.620.020. C. Thning and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. When replacement units are proposed to be built off -site, the owner shall be required to obtain a development order approving the off -site development prior to or in conjunction with obtaining a development order approving redevelopment on the site on which demolition is proposed to take place. 26.530.060 Rental and resale restrictions. Replacement units shall be deed restricted in a form and substance acceptable to the City Council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between category affordable housing and resident occupied, may be determined by the owner, provided that no less than twenty (20) percent of the bedrooms qualify as category 1 and 2 units and no more than twenty (20) percent of the units are available as resident occupied units. 26.530.070 Enforcement. Any person who violates any provision of this Chapter including violation of any provision of a deed restriction executed for the benefit of the City of Aspen or the city's housing designee in compliance with this Chapter shall be liable to the criminal and/or civil penalties and remedies set forth at Section 26.104.040.