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HomeMy WebLinkAboutordinance.council.009-84 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1984) AN ORDINANCE IMPLEMENTING RECOMMENDED TECHNICAL REVISIONS TO VARI- OUS SECTIONS OF ARTICLE XI OF SECTION 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN PERTAINING TO THE GROWTH MANAGEMENT QUOTA SYS- TEM WHEREAS, on March 6, 1984, the Aspen Planning and Zoning Com- mission (hereinafter "Commission") did adopt Resolution No. 84-2 updating the Growth Management Policy Plan; and WHEREAS, during 1983 the Aspen Housing Authority did prepare and adopt a Housing Master Plan containing numerous proposals for changes to the Aspen Municipal Code; and WHEREAS, on April 17, 1984, the Aspen Planning and Zoning Commission did adopt Resolution 84-4 recommending the adoption of various technical amendments to the Growth Management quota sys- tem; and WHEREAS, the City Council does recognize the benefits associ- ated with regularly updating the growth management quota system to insure that this innovative piece of legislation reflects current community policy and that the administrative experience with the system results in improved procedural requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That subsection (d) of Section 24-11.2 of the Municipal Code of the City of Aspen be and the same is hereby amended to add the following new subsection (5): "(5) The application was reviewed by the City Council at a public hearing held pursuant to the standards of Sec- tions 24-12.5(c)(1) and (2)." RECORD OF PROCEEDINGS 100 Leaves Section 2 That subsection (3) of Section 24-11.2 of the Municipal Code of the City of Aspen be and the same is hereby repealed and reenacted to read as follows: "(e) All construction of essential public facilities other than housing, subject to the approval of the City Coun- cil upon the recommendation of the Planning and Zoning Commission. To be eligible for said exemption, the applicant shall first be required to demonstrate that the project represents an essential public facility. Minimum criteria for this determination shall include, but not be limited to findings that the project meets an essential public purpose, provides facilities in response to the demands of growth and is not itself a growth generator, is available for use by the general public, serves the needs of the local community and is a not-for-profit venture. This exemption shall not be applied to commercial or lodge development projects. Upon the demonstration that the project is essential, the applicant shall also be required to document that the impacts of the project will be mitigated, including those associated with the generation of additional employees; the demand for parking, road and transit services; and the need for such basic services as water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. Applicants shall also be required to demonstrate that the project has a negligible adverse impact on the community's air, water, land and energy resources and is visually com- patible with surrounding areas." Section 3 That subsection (J) of Section 24-11.3 of the Municipal Code of the City of Aspen be and the same is hereby repealed. Section 4 That subsections (b)(4)(5) and (6) alnd (c) of Section 24-11.4 of the Municipal Code of the City!of Aspen be and the same is hereby repealed and reenacted to read as follows: "(4) Provision for low, moderate and middle income housing (maximum forty [403 points). (aa) The commission shall assign points to each applicant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section!24-11.10. (bb) Points shall be assigned according to the following schedule: Two (2 points for eaich five (5) percent of the total developmentI that is restricted to 2 RECORD OF PROCEEDINGS 100 Leaves IOW income price guidelines and low income occu- pancy limitations; Two (2) points for each ten (10) percent of the total development that is restricted to moderate income price guidelines and moderate income occu- pancy limitations; Two (2) points for each fifteen (15) percent of the total development that is restricted to middle income price guidelines and middle income occu- pancy limitations. In order to determine what percent of the total develop- ment is restricted to low, moderate and middle income housing, the Commission shall compare the number of per- sons to be housed by the project as a whole with the number of persons to be provided with low, moderate and middle income housing using the following criteria which shall be applied to both the restricted and non- restricted units: Studio 1.25 residents One Bedroom - 1.75 residents Two Bedroom - 2.25 residents Three Bedroom - 3.00 residents or Larger Dormitory - 1.00 resident per 150 s.f. of unit space (5) Conversion of existing units (maximum 5 points). (aa) The commission shall assign points to those applicants who guarantee to provide a portion of their low, moderate and middle income hous- ing units by purchasing fully constructed units which are not restricted to Aspen's housing guidelines and placing a deed restric- tion upon them in compliance with Section 24-11.10. (bb) Points shall be assigned according to the fol- lowing schedule: POINTS 1-33% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 1 34-66% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 3 67-100% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 5 In order to determine the percentage of such housing to be purchased and restricted by the applicant, there shall be used the same formula (above) used for deter- 3 RECORD OF PROCEEDINGS 100 Leaves mining what percent of the project is devoted to middle-, moderate- and low-income housing, with no cre- dit to be given for any unit not meeting the most recent guidelines of the City's housing designee, as adopted by the Aspen City Council. (6) Bonus points (maximum 7 points). The commission members may, when any one determines that a project has not only incorporated and met the substantive criteria of Section 24-11.4(b)(1), (2), (3), (4) and (5), but has also exceeded the provisions of these subsections and achieved an outstanding overall design meriting recognition, award additional bonus points not exceeding ten (10) percent of the total points awarded by that member under Section 24-11.4 (b)(1), (2), (3), (4) and (5). Any commission member awarding bonus points shall provide a written justification of that award for the public hearing record. The Commission members may use as a justification for their award of bonus points a commitment by the applicant to provide financing for the purchaser of the proposed employee housing units which is found by the Commission member to be particularly benefi- cial or advantageous to the purchaser. (c) The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria hereinabove set forth in subsection (b) of this section 24-11.4. For projects involving two (2) or more sites, the points awarded to each site shall be weighted as to the number of units to be constructed on each site and a weighted value calculated for the points in each category. Any project not receiving a minimum of sixty (60) percent of the total points available under Section 24-11.4(b)(1), (2), (3), (4) and (5); or a minimum of thirty (30) per- cent of, the points available under each of Section 24-11.4(b)(1) (2) and (3) and a minimum of thirty-five (35) percent of the points available under Section 24- 11.4(b)(4), shall no longer be considered for a develop- ment allotment and the application shall be considered denied." Section 5 That subsections (b)(3) and (4) and (c) of Section 24-11.5 of the Municipal Code of the City of Aspen be and the same is hereby repealed and reenacted to read as follows: "(3) Provision of Employee Housing (maximum 15 points). (aa) The commission shall assign points to each appli- cant who agrees to provide low, moderate and middle income housing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24.11.10. 4 RECORD OF PROCEEDINGS 100 Leaves (bb) Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing: 1 point for each 4% housed 41 to 100% of the additional employees generated by the project are provided with housing: 1 point for each 12% housed The commission shall use the following standards in cal- culating the number of full-time equivalent employees generated by the project: CC/C-1 3.50 to 5.25 employees/1000 s.f. (net leasable), based on review of the City Council's housing designee NC/SCI 2.30 employees/1000 s.f. (net leasable) Office 3.00 employees/1000 s.f. (net leasable) CL and Other 3.50 employees/1000 s.f. (net leasable) Provided that upon the demonstration to the City Coun- cil's housing designee that these standards should not be applied to a particular project, the commission may employ an alternative standard recommended by the desig- nee. If the Planning Commission determines that the proposed project generates no new employees, it shall award to the applicant the full 15 points available within this subsection. In order to determine the percentage of employees gener- ated by the project who are provided with housing, the commission shall use the following criteria: Studio 1.25 residents One Bedroom 1.75 residents Two Bedroom 2.25 residents Three Bedroom 3.00 residents or Larger Dormitory 1.00 resident per 150 s.f. of unit space (4) Conversion of Existing Units (maximum 5 points). (aa) The commission shall assign points to those appli- cants who guarantee to provide a portion of their low, moderate and middle income units by purchasing fully constructed units which are not restricted to Aspen's housing guidelines and placing a deed restriction upon them in compliance with Section 24-11.10. (bb) Points shall be assigned according to the following schedule: RECORD OF PROCEEDINGS 100 Leaves POINTS 1-33% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 1 34-66% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 3 67-100% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 5 In order to determine the percentage of such housing to be purchased and restricted by the applicant, there shall be used the same formula (above) used for deter- mining what percent of the project is devoted to middle-, moderate- and low-income housing, with no cre- dit to be received for any unit not meeting the most recent guidelines of the City's housing designee, as adopted by the Aspen City Council. (c) The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria hereinabove set forth in subsection (b) of this section 24-11.5. Any project not receiving a minimum of sixty (60) per- cent of the total points available under Section 24- 11.5(b)(1), (2), (3) and (4), or a minimum of thirty (30) percent of the points available under each of Sec- tion 24-11.5 (b)(1) and (2), or not providing deed restricted housing (according to the standards of Sec- tion 24-11.10) for a minimum of thirty-five (35) percent of the employees generated by the project (using the criteria of Section 24-11.5(b)(3)), shall no longer be considered for a development allotment and the applica- tion shall be considered denied." Section 6 That subsection (b)(4)(aa) of Section 24-11.6 of the Munici- pal Code of the City of Aspen be and the same is hereby repealed and reenacted to read as follows: "(aa) Provision of employee housing (maximum fifteen [15] points). The commission shall assign points to each applicant who agrees to provide low, moderate and middle income hous- ing which complies with the housing size, type, income and occupancy guidelines of the City of Aspen and with the provisions of Section 24-11.10. Points shall be assigned according to the following schedule: 0 to 40% of the additional employees generated by the project are provided with housing - 1 point for each 4% housed 6 RECORD OF PROCEEDINGS 100 Leaves 41 to 100% of the additional employees generated by the project are provided with housing - 1 point for each 12% housed The Commission shall employ the advice of the City Coun- cil's housing designee in the determination of the num- ber of employees the project is expected to generate. The housing designee shall make available standards for employee generation representing the various levels of service which reflect the types of lodge operations in existence or proposed for the City of Aspen. The appli- cant shall be given the opportunity to present to the housing designee information demonstrating that an alternative standard should be employed. The alterna- tive standard may be employed by the Planning Commis- sion, upon the recommendation of the designee. If the Planning Commission determines that the proposed project generates no new employees, it shall award to the applicant the full 15 points available within this subsection. In order to determine the percentage of employees gener- ated by the project who are provided with housing, the commission shall use the following criteria: Studio 1.25 residents One Bedroom 1.75 residents Two Bedroom 2.25 residents Three Bedroom 3.00 residents or Larger Dormitory 1.00 resident per 150 s.f. of unit space" Section 7 That a new subsection (b)(4)(bb) of Section 24-11.6 of the Municipal Code of the City of Aspen be and the same is hereby adopted to read as follows, with the existing subsection 24-11.6- (b)(4)(bb) being renumbered as subsection 24-11.6(b)(4)(cc): "(bb) Conversion of existing units (maximum 5 points). The commission shall assign points to those applicants who guarantee to provide a portion of their low, moder- ate or middle income units by purchasing fully con- structed units which are not restricted to Aspen's hous- ing guidelines and placing a deed restriction upon them in compliance with Section 24-11.10. Points shall be assigned according to the following schedule: POINTS 1-33% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 1 34-66% of all low, moderate and middle income units proposed by applicant are to be purchased and deed restricted 3 RECORD OF PROCEEDINGS 100 Leaves 67-100% of all Iow, moderate and middle income units proposed by applicant are to be purchased and deed restricted 5 In order to determine the percentage of such housing to be purchased and restricted by the applicant, there shall be used the same formula (above) used for deter- mining what percent of the project is devoted to middle-, moderate- and low-income housing, with no cre- dit to be received for any unit not meeting the most recent guidelines of the City's housing deisgnee, as adopted by the Aspen City Council." Section 8 That subsection (c) of Section 24-11.6 of the Municipal Code of the City of Aspen be and the same is hereby repealed and reen- acted to read as follows: "(c) The commission shall consider all eligible applications at a public hearing at the close of which each member of the commission shall identify the number of points assigned by him under each of the criteria outlined hereinabove in subsection (b) of this Section 24-11.6 after having multiplied the number of points assigned under each of the following sections by the corespond- lng multiplier: Points Section Multiplier Available 24-11.6(b)(1)(aa) (Water 2 pts) I 2 24-11.6(b)(1)(bb) (Sewer 2 pts) 1 2 24-11.6(b)(1)(cc) (Storm drainage 2 pts) 1 2 24-11.6(b)(1)(dd) (Fire protection 2 pts) I 2 24-11.6(b)(1)(ee) (Roads 2 pts) 1 2 24-11.6(b)(2)(aa) (Architectural design 3 pts) 3 9 24-11.6(b)(2)(bb) (Site design 3 pts) 3 9 24-11.6(b)(2)(cc) (Energy conservation 3 pts) 1 3 24-11.6(b)(2)(dd) (Parking and circula- tion 3 pts) 3 9 24-11.6(b)(2)(ee) (Visual impact 3 pts) 3 9 24-11.6(b)(3)(aa) (Common meeting areas 3 pts) 3 9 24-11.6(b)(3)(bb) (Dining facilities 3 pts) 2 6 24-11.6(b)(3)(c0) (Recreational facil- ities 3 pts) 2 6 24-11.6(b)(4)(aa) (Employee Housing 15 pts) 1 15 8 RECORD OF PROCEEDINGS 100 Leaves 24-11.6(b)(4)(bb) Conversion of existing Units 5 pts) 1 5 24-11.6(b)(4)(cc) Rehabilitation and Reconstruction 15 pts) 1 15 24-11.6(b) (5) Bonus pts- 6 pts) 1 6 TOTAL: 96* 111'* * L-l, L-2, CC and CL zones. ** L-3 zone. Any project not receiving a minimum of sixty (60) per- cent of the total points available under Section 24- 11.6(b)(1), (2), (3) and (4) or a minimum of thirty (30) percent of the points available under each of Section 24-11.6(b)(1), (2), (3) and (4)(cc) (Note: 4(cc) only applies to applicants in the L-3 zone) or not providing deed restricted housing (according to the standards of Section 24-11.10) for a minimum of thirty-five (35) percent of the employees generated by the project (using the criteria of Section 24-11.6(b)(4)(aa) shall no longer be considered for a development allotment and the application shall be considered denied." Section 9 That subsection (a) of Section 24-11.7 of the Municipal Code of the City of Aspen be and the same is hereby repealed and reen- acted to read as follows: "Sec. 24-11.7. Rescinded and expired permits. (a) All applicants who have been awarded allotments under the provisions of this growth management system shall comply with the following provisions or shall have their allotments automatically expire: (1 Applicants shall complete all zoning, subdivision and other development approvals required by the Municipal Code of the City of Aspen and shall have submitted plans to the Building Department suffi- cient for the issuance of a building permit within a period ending 33 months subsequent to the dead- line for submission of the application for which the allotment was made. The Planning Office shall inform the applicant three (3) months in advance of the expiration date of the pending requirements which must be completed in order to comply with this provision. (2 Within one hundred twenty (120) days of the date of submission of plans to the Building Department, the applicant must obtain a building permit for con- struction of the project. (3 Within one hundred twenty (120) days of the date of obtaining a building permit, the applicant must initiate construction of the project and continue towards its completion by meeting the criteria of the Uniform Building Code. 9 RECORD OF PROCEEDINGS 100 Leaves (4) City Council may grant an extension of these dead- lines on a showing of diligence and good cause by the applicant, and based on a finding that said extension is in the best interests of the com- munity, which action shall be within the sole dis- cretion of City Council, provided that such exten- sion has been requested prior to the end of that deadline period and may be granted for a period not to exceed on hundred eighty (180) days. Any expired allotments shall be added to available allotments and may be awarded pursuant to the procedures established in this article." Section 10 That a new Section 24-11.10 of the Municipal Code of the City of Aspen be and the same is hereby adopted to read as follows: "Sec. 24-11.10. Employee Housing. The following provisions shall apply to all low, moderate and middle income housing units proposed by applicants in confor- mance with the requirements of Section 24-11: (a) Applicants shall only receive credit for those units which meet the housing size, type, income and occupancy guidelines and/or approval of the City Council and its housing designee. Applicants are encouraged to engage in a pre-application conference with the housing desig- nee to obtain guidance as to the current guidelines and how these are to be applied. (b) Should an applicant propose a unit which is larger than provided for by the City's housing guidelines, then its rental or sales price shall be no greater than that allowable had the housing units complied with those size limitations. (c) When an applicant agrees to restrict only a portion of his development to low, moderate or middle income hous- ing and the portion restricted is located adjacent to an unrestricted portion, to be eligible for points within the provisions of this section, the adjacent portions of the development shall be constructed of the same exter- ior building materials with a compatible exterior archi- tectural style. (d) Applicants shall be permitted to provide employee hous- ing on the same site as the remainder of the development or on an alternate site, provided that credit shall only be given for units located within the City of Aspen or the Aspen Metro Area, as this area is currently defined by the Aspen/Pitkin County Growth Management Policy Plan. (e) Should an applicant provide employee housing on a site other than that on which his or her commercial or lodge development is located, then any floor area bonus obtained by the applicant for providing such housing 10 RECORD OF PROCEEDINGS 100 Leaves shall only permit an increase to the maximum commercial floor area permitted in that zone, exclusive of any area which would have been associated with the housing. (f) Applicants for commercial or lodge developments shall not be restricted to housing employees of their own business but shall also be permitted to house qualified employees of the community at large. Applicants should anticipate that the housing units proposed will be required to be restricted to the City's low income price and occupancy guidelines. Provided, however, that at the time the applicant requests growth management exemp- tion for the housing units pursuant to Section 24- 11.2(f), the City Council's housing designee will review the current community need for housing in each category and will evaluate the affordability of the units to employees in each category and will recommend to the Planning Commission the appropriate category to which the units should be restricted. (g) Should a proposed development cause the displacement of units which are currently deed restricted to employee housing guidelines, then the applicant shall only receive credit for housing the net number of employees to be housed by the project, reflecting the number to be housed in the new units minus those housed in the exist- ing units, rather than for housing the gross number of employees housed in the new units. (h) The deed restrictions created to obtain credit for employee housing may be a~ended by agreement between the property owner(s) and the city council upon the recom- mendation of the planning and zoning commission. (i) Applicants may obtain credit for providing employee housing by either of the following methods, or combina- tion of said methods: (1) Production of new units which are deed restricted for a period of fifty (50) years to rental and sale price terms within the housing price and occupancy guidelines approved by the City Council's housing designee and adopted by the Aspen City Council. (2) Conversion of existing units which are not restricted to Aspen's housing guidelines to deed restricted status by placing a deed restriction upon them for a period of fifty (50) years to ren- tal and sale price terms within the housing price and occupancy guidelines approved by the City Coun- cil's housing designee and adopted by the Aspen City Council." Section 11 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 11 RECORD OF PROCEEDINGS 100 Leaves portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 12 A public hearing on the ordinance shall be held on the~//~'~ day of ~ , 1984, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /~/ day of ~. , 1984. William L. Stirlin ATTEST: Kathryn S~Koch, City Clerk FINALLY adopted, passed and approved this //%~-~ day of  ~=~, 1984. William L. Stirling, MayPo ATTEST: Kathryn S.~Och, City Cler~ 12