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HomeMy WebLinkAboutresolution.apz.009-82RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING AMENDMENTS TO THE MUNICIPAL CODE CONCERNING EXEMPTIONS TO THE GROWTH MANAGEMENT PLAN Resolution No. 82 - 9 WHEREAS, the Aspen Planning and Zoning Commission has reviewed the 1977- 1981 historic growth rate data produced by the Planning Office during the course of the Growth Management Plan Update, and WHEREAS, the Aspen Planning and Zoning Commission recognizes that since 1977 the City of Aspen has exceeded its annual residential quota of 39 units and has, in fact, experienced a growth rate of approximately 60 residential dwelling units per year, due in large part to the projects which have been exempted from the GMP quota system, and WHEREAS the Aspen Planning and Zoning Commission believes that it is essential to the community's welfare that employee housing be produced to meet the critical shortfall identified by the Housing Office and, as such, that employee housing receive preferential treatment within the GMP by its exemption from the competition procedures, and WHEREAS, the Aspen Planning and Zoning Commission acknowledges that all types of growth have impacts on the ability of the Community to provide basic services and therefore must be accounted for within the growth rates adopted for Aspen within the quota system, and WHEREAS, the Aspen Planning and Zoning Commission indicates that its intent to include the growth from all GMP exemptions within the quota system reflects a commitment to a dynamic GMP which must be monitored and updated regularly and frequently to insure that the quotas are in accord with current community priorities. ~OW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Aspen, Colorado: Section 1 The Commission recommends that the Aspen City Council repeal and re-enact Section 24-11.2 of the Municipal Code as follows: Sec. 24-11.2 Exemptions The following development activity shall be exempted from complying with the allotment procedures hereinafter provided for, subject to the review of the Planning and Zoning Commission and/or the Aspen City Council where it is so specifically indicated: (a) (b) (c) (d) (e) (f) (9) The remodeling, restoration or reconstruction of any building existing as of November 14, 1977, provided there is no expansion of commercial floor area nor creation of additional dwelling units. Applicants proposing to demolish and then delay the reconstruction of a building shall be required to verify the commercial floor area and/or number of dwelling units which comprise the building to be demolished, and shall be limited to reconstruction of no more than the verified total within five years of the date of demolition. Any building which is demolished shall be limited to reconstruction on the same site or on a contiguous site owned by the same individual. Applicants proposing to demolish single family or duplex units may verify the number of units to be demolished through an application for a demolition permit through the Building Department. Applications to verify the number of units contained within a multi-family or lodge use, or to verify the commercial square footage of an existing building shall be reviewed by the Planning and Zoning Commission so that a record of that which is to be demolished can be established. Failure to verify the number of dwelling units and/or commercial square footage prior to their demolition shall result in the loss of the credit for their reconstruction. The enlargement of, or change of use in a structure which has received individual historic designation, provided that an applicant proposing to create additional dwelling units, expand the commercial floor area or change the use of such a structure shall be subject to the special review of the City Council upon the recommendation of the Planning and Zoning Commission. The approval shall include a finding that the applicant has mitigated the impacts of the proposed expansion or change in use in terms of employee housing, parking needs and basic services such as water, sewer, roads, drainage and fire protection. The construction of one single family or duplex structure on townsite lots or lot subdivided prior to November 14, 1977. The construction of one single family residence on a lot subdivided after November 14, 1977, where the following conditions are met: (1) The tract of land which was subdivided had a pre-existing dwelling unit; (2) No more than two (2) lots were created by the subdivision. All construction of essential governmental projects other than housing, subject to the special approval of the City Council upon the recommendation of the Planning and Zoning Commission. To be eligible for said exemption, the applicant shall be required to document that the impacts of the project will be mitigated, including the employee housing generation, parking demand and the basic service provision. All employee housing units deed restricted in accordance with the City's adopted employee housing guidelines which are constructed pursuant to the residential, commercial and lodge development allotment procedures or pursuant to the density bonus provisions of this Code, and all units constructed as part of a pure employee housing project (that is, one containing all deed restricted and no free market housing development) subject to the special approval of the City Council, based on the recommendation of the Planning and Zoning Commission. The review of any request for exemption of units from the development allotment procedures shall include a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan, including the number of units proposed and their location and the type of units proposed, specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/ sale mix of the development and the proposed price categories to which the units are to be deed restricted. All residential dwelling units constructed in a mixed free market/ deed restricted housing project wherein at least seventy (70) percent of the units are constructed and deed restricted in accordance with the City's adopted employee housing guidelines, subject to the special approval of the City Council, based upon the recommendation of the Planning and Zoning Commission which approval shall include a determination determination of community need considering, but not limited to, the project's compliance with any adopted housing plan, specifically the number of units to be constructed, unit type, unit mix, the rental/ sale mix of the development, and proposed price and rental categories. Applicants are recommended to submit an application wherein there is maintained an average of one and one-half (1½) to two (2) bedrooms per unit within the deed restricted portion of the project (a studio shall be considered a three-quarter bedroom) and where at least fifty (50) percent of the residential floor area is devoted to deed restricted units. (h) The expansion of an existing commercial or office use in a building by not more than five hundred (500) square feet, excluding employee housing, for the purposes of providing a small addition of space which can be shown to have minimal or manageable impact upon the community and can be justified by the benefit which will accrue to the community. For expansions which involve less than two hundred fifty (250) square feet and are for the purposes of providing space which is accessory to or incidential to the principal use, such as mechanical, storage, corridors and stairs, the expansion shall be approved jointly by the Planning Director and the Chief Building Inspector. For expansions which involve any request for commercial or office space, or which involve expansions of any type of space of two hundred fifty (250) to five hundred (500) square feet, the expansion shall be subject to the special review of the Planning and Zoning Commission. The review of any request for the expansion of an existing commercial or office use shall include a determination of minimal or manageable impact on the community, considering but not limited to findings that a minimal number of additional employees will be generated by the expansion or the applicant will provide additional employee housing; that a minimal amount of additional parking demand will be created or that parking can be accommodated on site; that there will be minimal visual impact on the neighborhood due to the project; and that minimal new demand is placed on services available at the site such as water, sewer, roads, drainage and fire protection. Applications for expanions shall be limited to a maximum cumulative commercial addition of 500 square feet within any building in the City of Aspen, provided that the Planning Commission shall evaluate the cumulative impact of the entire expansion as a whole. (i) All development not limited by the provisions of Section 24-11.1. Provided that the Building Inspector shall report to the Planning Office each month the amount of construction and demolition of residential and lodge dwelling units and commercial and office square footage exempted from complying with the development allotment procedures hereinafter provided for which has received building permits. The Planning Office shall compile these monthly reports on an annual basis, providing a report summarizing the amount of exempted construction and demolition of residential and lodge dwelling units and commercial and office square footage which has received building permits during the 12 months prior to the date of submission of applications for development allotments. It shall be the purpose of the report to summarize the amount of construction which shall be deducted from the quota of allowable development in succeeding years and the amount of demolition which should be added to the quota of allowable development in succeeding years. The Planning Office shall also add any allotments which have been rescinded or have expired to the quota of allowable development in succeeding years. Any expansion of commercial or office uses which does not increase the computation of floor area for a building shall not be deducted from the quota of allowable development in succeeding years. Section 2 The Commission recommends that the Aspen City Council amend Section 24- ll.3 of the Municipal Code by creating the following new sections: Sec. 24-11.3 General Provisions (J) The City Council may, upon the recommendation of the Planning and Zoning Commission, permit the construction of projects designed to meet the documented shortfall of employee housing in the community without the employee units being deducted from the quota of allowable development in succeeding years if it can be shown that the deduction of said units from the quota would entirely utilize the quota of allowable development in succeeding years. In the event that the Council shall consider the granting of such an exemption from the quota system, it shall require that the Planning Office evaluate the limitations on development in Aspen and report to the Council on the need for revisions to these limitations which would take effect during the subsequent year(s). (k) If, as a result of development exempt from the development allotment procedures which is deducted from the appropriate quota there shall be available less than twenty (20) percent of the allotments in any area identified in Section 24-11.1, then there shall be available twenty (20) percent (rounded up to the next whole number) of the annual quota originally provided for that area in Section 24-11.1, it being the intention of this section that at no time shall the com- petition for development allotments be entirely precluded by reason of buildout on previously subdivided lots, the development of employee housing units or the development of projects within individually historically designated buildings. Any allotments made available and awarded pursuant to this section shall be deducted from the quota available in successive year(s) under Section 24-11.1. Section 3 The Commission recommends that the Aspen City Council repeal Section 24- ll.8 of the Municipal Code, "Report of Building Inspection" and 24-11.10 of the Municipal Code, "Employee Housing". Approved by the Aspen Planning and Zoning Commission at their regular meeting on September 13, 1982. ASPEN PLANNING AND ZONING COMMISSION .Perry Harv~'y, Chairman ATTEST: D6 ~ u~/Ci ty Cler~