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HomeMy WebLinkAboutordinance.council.051-03ORDINANCE NO. 51 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF ASPEN APPROVING~ AMENDMENTS TO THE RESIDENT MULTIZFAMILY HOUSING REPLACEMENT PROGRAM, CHAPTER 26,530 OFTHE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE. i i WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Director of the Community Development Department to propose amendments to the Land Use Code related to the Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and, WHEREAS, the purpose of the Infill Program is to implement many of the action items identified in the 2000 Aspen Area Community P1an, Barriers to Infill DeVelopment (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory GrOup in January, 2002), and the Recommendations of the Economic Sustainability Committee (a joint' project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen 'Institute Community Forum concluded in September, 2002) that call for: intensification of land uses within the traditional townsite. focusing of growth toWards already developed areas and away from undeveloped areas surrounding the city. · revisions to, or elimination oL identified barriers to successful infill development such as the costs of develOpment exactions, growth management penalties for redeveloping buildings, and the length and uncertainty of approval processes. · balance between the community and the resort aspects of Aspen. · sustainability of the local social and economic conditions. · The creatiOn of a development environment in which private sector motivation is leveraged to address community goals; and, WHEREAS, the amendments requested relate to Chapter 26.530, Resident Multi-Family Housing Replacement Program, of the Land Use Cod~; Title 26 0f the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 o£ the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and zonihg Commission at a public hearing. Final action shall be by City COuncil after reViewing and considering these recommendations; and, WHEREAS, the Community Development 'Director recommended approval of the proposed amendments, as described herein; and, Ordinance No. 51 Series of 2003. Page 1 WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September 17, 2002, continued to September 24, 2002, continued to October i, 2002, continued to October 8, 2002, continued to OctOber 15, 2002, continued to October 22, 2002, continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17, 2002, took and considered public testimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments to the land Use code by amending the text of the above noted Chapters and Sections of the Land Use Code, as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meets or exceeds all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Chapter 26.530, Resident Multi-Family Housing Replacement Program, which Chapter shall regulate the redevelopment of multi-family buildings, shall read as follows: Chapter 26.530 RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM Sections: 26.530.010 26.530.020 26.530.030 26.530.040 26.530.050 26.530.060 26.530.070 Purpose and intent. Application of Title. Certificate of compliance/exemption. Housing replacement requirements. Resale restrictions. Enforcement. Appeals Ordinance No. 51 Series of 2003. Page 2 26.530.010 Purpose and Intent. The City of Aspen'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. 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. 26.530.020 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 penetrates demising walls or floors between RMF Housing Units or which converts a RMF Unit to a non-residential use, 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 Ordinance No. 51 Series of 2003. Page 3 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. 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 unit, 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 any replacement housing required by this Chapter shall be developed, 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. 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. Ordinance No. 51 Series of 2003. Page 4 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. One-Hundred Percent Replacement - No Expansion, In the event of the demolition of free-market resident multi-family housing, the owner shall have the option to construct replacement housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with a one- bedroom unit, each two-bedroom unit is replaced with a two-bedroom unit, etc.). Studio units may be replaced with either studio or one-bedroom units. The project's total net livable area may not be expanded. When this one-hundred (100) percent standard is accomplished with no expansion of the project's total net livable area, the replacement housing shall not be required to be deed restricted as affordable hOUsing. One-Hundred Percent Replacement - Unit Expansion. In the event of the demolition of free-market resident multi-family housing, the owner shall have the option to construct replacement housing consisting of no less than one-hundred (100) percent of the number of units and one-hundred (100) percent of the number of bedrooms demolished. The units shall be replaced with like-type units (i.e. each one-bedroom unit is replaced with a one- bedroom unit, each two-bedroom unit is replaced with a two-bedroom unit, etc.). Studio units may be replaced with either studio or one-bedroom units. The project's total net livable area may be expanded if a portion of the project, commensurate with the percentage of net livable space expansion, is deed restricted according to the Aspen/Pitkin County Affordable Housing Guidelines. The required amount of units, bedrooms, and net livable area to be deed restricted as affordable housing shall be no less than the percentage of the project's net livable area expansion over the existing development. Affordable housing meeting this requirement shall be deed restricted in accordance with the requirements of section 26.530.050, Resale Restrictions (below). No more than 50% of the original project's units, bedrooms, and net livable area shall be required to be replaced as affordable housing. (For example: a project replicating an existing unit/bedroom mix for which the aggregate net livable space is increased by 15 percent shall include affordable housing equal to 15 percent of the original units, bedrooms, and net livable area.) A project both increasing and decreasing individual units sizes for which no aggregate expansion of the project's net livable area occurs shall incur no affordable housing requirement. When this expansion and replacement percent standard is accomplished with affordable housing commensurate with the expansion of net livable space, the remaining units replaced on-site shall not be required tO3 be deed restricted as affordable housing. Fifty Percent Replacement. In the event of the demolition of free-market resident multi- family housing and replacement of less than one-hundred (100) percent of the number of Ordinance No. 51 Series of 2003. Page 5 C. DJ previous units and bedrooms as described above, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the number of units, fifty (50) percent of the number of bedrooms, and fifty (50) percent of the square footage of net residential area demolished. The replacement housing meeting thiS requirement shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.050, Resale Restrictions (below), The remaining units replaced on-site shall not be required to be deed restricted as affordable housing. 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 and the City Council determines 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, at a location determined acceptable to City Council. 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 issuance of a Certificate of Compliance for the original parcel. Replacement units may be redeveloped on a separate parcel which is part of a multi- parcel Planned Unit Development that includes the original parcel. In this Case, the location of redevelopment units, both free-market and affordable' shall be determined by the City through adoption of a Final PUD PI~i pursuant to chapter 26,4451 Cash-in-Lieu Payment. When the Owner's affordable housing replacement requirement of this section 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. Timing and Quality of Replacement Units. 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. Replacement units required to be deed restricted as affordable housing shall contain fixtures, finish, and amenities required by the Affordable Housing Guidelines of the Aspen/Pitkin County Housing Authority. Growth Management Replacement Credits. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in subparagraph C. Free-market residential units in excess of those originally on the parcel shall be subject to growth management, Chapter 26.470. The affordable residential units required to be developed shall be exempt from growth Ordinance No. 51 Series of 2003. Page 6 management, provided the units conform to the requirements of this Chapter. Additional affordable dwelling units shall be subject to growth management, Chapter 26.470. 26.530.050 Resale/Rental Restrictions. Replacement units required to be deed restricted as affordable housing 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. The owner may be entitled to select purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. Replacement units required to be deed restricted as affordable housing shall be allowed to be rental units if a legal instrument, in a form acceptable to the City Attorney, shall guarantee their permanent affordability in accordance with the Aspen/Pitkin County Affordable Housing Guidelines. No resale or rental restrictions shall apply to free-market replacement units. 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 Aspen/Pitkin County Housing Authority 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. An applicant aggrieved by a determination made by the City Council, pursuant to this Section, may appeal the decision to a court of competent jurisdiction. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Ordinance No. 51 Page 7 Series of 2003. Section 4: A public hearing on the Ordinance was held on the 27th day of October, 2003, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 5: This ordinance shall become effective thirty days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City of Aspen on the 14th day of October, 2003. Attest: Kaihryn ~. ,~f~'~ity Clerk I-(elen~ K] Klan~d~r6~ayor FINALLY, adopted, passed and approved this 26th day of January, 2004. Attest: Kathryn S. ~~i~lerk '~ /Helen K. K~lal~l~eru~ayo r Approved as to form: Ordinance No. 51 Series of 2003. Page 8