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Home My WebLink Aboutresolution.apz.016-89I~ESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF ASPEN AMEND THE MUNICIPAL LAND USE CODE AS FOLLOWS: REPEAL ARTICLE 5, DIVISION ? HOUSING REPLACEMENT PROGRAM AND REPLACE IT WITH A NEW CHAPTER 18 AFFORDABLE MULTI-FAMILY HOUSING REPLACEMENT PROGRAM; AMEND SECTION 8-104(A) (1) (a) (1), (4) AND (c) GROWTH MANAGEMENT QUOTA SYST~ EXEMPTION BY PLANNING DIRECTOR; AMEND ARTICLE 5 ZONE DISTRICTS, PERMITTING ACCESSORY DWEF.T.TNG UNITS IN SINGLE FAMILY STHU~-rUKES; AND AMEND ARTICLE 3 DEFINITIONS, ADDING HOUSING REPLACEMENT PROGRAM. Resolution No. /~-89 WHEREAS, it has come to the attention of the Aspen Planning and Zoning Commission (hereinafter, the "Commission") that portions of the existing inventory of single-family, duplex and multi-family residential dwellings are threatened with demolition and replacement with second homes, which will cause the loss of a significant amount of the resident housing stock in Aspen and will change the character of existing neighborhoods in an undesirable manner; and WHEREAS, it has also come to the attention of the Commission that despite the considerable efforts involved in the recent adoption of Ordinance 47, Series of 1988, the Aspen Land Use Regulations do not provide adequate standards for the review of residential development applications for redevelopment of land on which duplex and multi-family housing is being displaced and; WHEREAS, the Commission deems it to be in the best interests of the City to re-assess the Housing Replacement Program, to take into account the recent actions by the City and County voters to fund affordable housing and to determine if better approaches than that enacted in Ordinance 47 can be adopted; and WHEREAS, the Aspen Planning and Zoning Commission has sent income and asset cap; the Council's extended the and the Commission undertook this effort in response to adoption of Ordinance 58, Series of 1989 which administrative delay on duplex and multi-family demolition until February 27, 1990 in order to study problems associated with displacement of resident housing and the increasing development of second homes; and WHEREAS, the Commission has held a work session on November 14, 1989 and held a duly constituted public hearing on November 28, and December 5, 1989 to consider these issues and make recommendations to City Council. NOW, THEREFORE, BE IT RESOLVED by Zoning Commission that: the Aspen Planning and Section 1 That Article 5, Division 7 Housing Replacement Program be repealed and replaced with a new Chapter 18 Affordable Multi- Family Housing Replacement Program, (see Exhibit A); Section 2 That Article 8, Sec. 8-104(A)(1)(a)(1)&(4)&(c) Growth Management Quota System Exemption by Planning Director be amended to read as follows: "Sec. 8-104(A) (1) (a) (1) (add language about enlargements 50% or 1000 square feet, whichever is less)." "Sec. 8-104(A)(1)(a)(4) (delete reference to Art. 5, Jan Carney, Deputy City Clerk housing.rpl.reso.pz I. Introduction Section 18-1.1. Title. This regulation shall be called and may be the "Affordable Multi-Family Housing Replacement "Replacement Program". referred to as Program" or the Section 18-1.2. ~urpose 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 now provide affordable 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, affordable 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 its Housing Master 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 affordable 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 or enlargement 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 affordable housing, and to prevent a housing shortfall from occurring. II. Application of Chapter This Chapter shall apply to the demolition or enlargement of any affordable multi-family housing ("AMF Housing"), as defined 18/D2 -1- director to review and issue Certificates .of Compliance or Certificates of Exemption hereunder. (f) "Housing Replacement Agreement" shall mean the agreement between the City and the owner on forms to be provided by the City which contain the terms by which such owner shall be deemed in compliance with this Chapter. (g) "Net residential area" shall mean the total number of square feet of living space in a building based upon the interior dimensions of each dwelling unit within such building and excluding stairwells, halls, lounges, and other common areas. (h) "Notice" shall mean written notice unless otherwise specified. (i) "Owner" shall mean any person, firm, partnership, association, joint venture, corporation, or other entity which undertakes the demolition or change of use of any affordable housing unit. The word "owner" shall also include agents and other persons acting on the owner's behalf. (j) "Rented" or "rental" shall refer to occupancy of an affordable housing unit pursuant to a lawful rental agreement, either oral or in writing. Section 18-3.2. Certificate of Compliance/Exemption. Any owner, as a condition of receiving a permit from the Building Department for the purpose of demolishing or enlarging any multi-family dwelling unit, must first obtain a Certificate of Compliance with the provisions of this Chapter, 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 must: (1) Submit to the housing designee a statement, on a form to be provided by the City, certifying the number of AMF Housing units and bedrooms to be lost as a result of demolition or enlargement and the net residential area to be lost by the demolition or enlargement. (2) Submit to the housing designee a list containin~ the name of each tenant currently residing in the structure to be demolished or enlarged and a list containing the name and last known address of each tenant who had resided in the structure during the 180-day period immediately preceding the date of application, indicating those whose tenancies were terminated and the reason for each termination. (3) Where required, secure necessary land use approvals and permits for the replacement housing to be built on 18/D2 -3- Comprehensive Plan: Annexation Element, 1988. When the owner's hDusing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. (c) Timing and quality 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 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 of the site on which demolition is proposed to take place. IV. Affordable Housing Fund There is hereby created in the office of the City Treasurer an Affordable Housing Fund into which all housing replacement contributions or bond forfeitures made pursuant to this Chapter shall be deposited. Money deposited in the fund shall be used only for costs related to production of affordable housing within or adjacent to the City of Aspen. V. Rental and Resale Restrictions Replacement units shall be subject to deed restriction 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 low, moderate and middle income, or resident occupied, may be determined by the owner, provided that no less than 20% of the bedrooms qualify as low income and no more than 20% of the units are available as resident occupied units. 18/D2 -5-