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HomeMy WebLinkAboutagenda.council.special.20090803 THE CTTY OF ASPEN NOTICE OF SPECIAL MEETING At the request of Mayor Ireland, there will be a special City Council meeting Monday, August 3, 2009, at 5:00 p.m., City Council Chambers, 130 South Galeria, Aspen, Colorado. The agenda for that meeting is: ' Ordinance #20, 2009 - Definition of Demolition -Emergency Ordinance . athryn S. Koch, City Clerk Notices delivered to: Mayor Ireland Councilman Johnson Councilman Skadron Councilman Romero Councilman Torre John Worcester, city attorney Steve Barwick, city manager 130 Sourx Gnt.wn S'r~r • ASPEN, COLOMDD 81611 Peorve 970.920.5000 Far 970.920.5197 hinted o~ RecyclM papa ORDINANCE N0. _ (SERIES OF 2009) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE EXEMPTION PROVISIONS OF THE RESIDENTIAL MULTI-FAMILY HOUSING REPLCEMENT PROGRAM OF THE CITY OF ASPEN LAND USE CODE WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule Charter; and, WHEREAS, by virtue of such authority, and as further authorized by State Statutes including but not limited to C.R.S. 29-10-1-1 et seq. and 31-23-301 et seq., the City of Aspen has broad authority to enact requirements to plan for and regulate the use and development of land on the basis of impacts thereof on the community and surrounding areas; and, WHEREAS, because certain requirements and limitations on the demolition of multi- family buildings aze affecting development plans of ongoing projects to effectively prohibit substantial energy efficiency measures from being implemented and such requirements and limitations may negatively impact the health, peace, safety, and general well-being of the residents and visitors of Aspen, urgent action is necessary and the provisions of Section 4.11 of the City of Aspen Municipal Charter are warranted; and, WHEREAS, enacting exemptions from certain provisions and .requirements of the Residential Multi-Family Housing Replacement Program will permit and encourage structural, safety, accessibility, and energy efficiency measures to be made to buildings; and, WHEREAS, the City Council finds that the implementation of changes to the City of Aspen Land Use Code, on an emergency basis and as described in this Ordinance, furthers and are necessary for the promotion of public health, safety, and welfaze and aze necessary to implement immediately in order to preserve the health, peace, safety, and general well-being of the residents and visitors of Aspen, pursuant to the provisions of Section 4.11 of the City of Aspen Municipal Chazter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Code Amendment Section 26.470.070.5.8.f -which sub-section shall be added providing an additional exemption from the provisions of the Multi-Family Housing Replacement Program, as follows: f A change order to an issued and active building permit exceeding the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety, accessibility, or significant energy efficiency reasons first realized during construction, which could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. Emergency Ordinance Page 1 Ordinance No. , Series of 2009 Section 2: Effective Date and Expiration: This Ordinance shall be effective immediately upon adoption pursuant to Section 4.11 of the City of Aspen Municipal Charter. Unless otherwise extended, this code amendment shall expire on its own accord without any further action by the City Council on August 4, 2010. Section 3• This Ordinance shall not affect 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 4: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance in a newspaper of general circulation within ten (10) days, or as soon thereafter as possible, and record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. INTRODUCED, READ, AND SCHEDULED FOR SECOND READING as provided by law, by the City Council of the City of Aspen on the 3'd day of August, 2009. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Michael C. Ireland, Mayor day of , 2009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: John P. Worcester, City Attorney Emergency Ordinance Page 2 Ordinance No. ,Series of 2009 Exhibit f~ 26.470.070.5 -Demolition or Redevelopment of Multi-Family Housing. 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 mazket- rate housing, resident housing opportunities for displaced working residents, which aze 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. The Aspen Area Community Plan established a goal that affordable housing for working residents be provided by both the public and private sectors. The City and the Aspen/Pitkin County Housing Authority, has provided affordable housing both within and adjacent to the city limits. The private sector has also provided affordable housing. 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 azea businesses and Aspen's tourist based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the combining, demolition, or conversion 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. The combining, demolition, conversion, or redevelopment of multi-family housing shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on compliance with the following requirements: (See definition of Demolition.) 1. Requirements for Combining, Demolishing, Converting, or Redeveloning Free- Market Multi-Family Housing Units: Only one of the following two options is required to be met when combining, demolishing, converting, or redeveloping afree- market multi-family residential property. To ensure the continued vitality of the community and a critical mass of local working residents, no net loss of density (total number of units) between the existing development and proposed development shall be allowed. a. One-Hundred Percent Replacement. In the event of the demolition of free- market multi-family housing, the applicant shall have the option to construct replacement housing consisting of no less than one-hundred (100) percent of Exhibit A -Page 1 the number of units, bedrooms, and Net Livable Area demolished. The replacement units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower Category designation. Each replacement unit shall be approved pursuant to Section 26.470.070.4 -Affordable Housing. When this one-hundred (100) percent standazd is accomplished, the remaining development on the site may be free-market residential development with no additional affordable housing mitigation required as long as there is no increase in the number of free-market residential units on the parcel. Free- market units in excess of the total number originally on the pazcel shall be reviewed pursuant to Section 26.470.070.3 -Expansion of Free-Mazket Residential Units within aMulti-Family or Mixed-Use Development. b. Fifty Percent Replacement. In the event of the demolition of free-market multi-family housing and replacement of less than one-hundred (100) percent of the number of previous units, bedrooms, or Net Livable Area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty (50) percent of the number of units, bedrooms, and the Net Livable Area demolished. The replacement units shall be deed restricted as Category 4 housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower Category designation. Each replacement unit shall be approved pursuant to Section 26.470.070.4 -Affordable Housing. When this fifty (50) percent standard is accomplished, the remaining development on the site may be free-mazket residential development as long as additional affordable housing mitigation is provided pursuant to Section 26.470.070.3 -Expansion of Free-Mazket Residential Units within aMulti- Family or Mixed-Use Project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the pazcel shall be reviewed pursuant to Section 26.470.080.2 -New Free-Market Residential Units within aMulti-Family or Mixed-Use Project. 2 Requirements for Demolishine Affordable Multi-Family Housing Units: In the event a project proposes to demolish or replace existing deed restricted affordable housing units, the redevelopment may increase or decrease the number of units, bedrooms, or Net Livable Area such that there is no decrease in the total number of employees housed by the existing units. The overall number of replacement units, unit sizes, bedrooms, and category of the units shall be reviewed by the Aspen/Pitkin County Housing Authority and a recommendation forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission may require the affordable housing deed restriction on the affected units be brought into compliance with the current Guidelines of the Aspen/Pitkin County Housing Authority and to the satisfaction of the City Attorney. 3. Fractional Unit Requirement. When the affordable housing replacement requirement of this section involves a fraction of a unit, cash-in-lieu may be provided Exhibit A -Page 2 only upon the review and approval of the City Council, to meet the fractional requirement only, pursuant to Section 26.470.090.3. -Provision of Required Affordable Housing via aCash-in-Lieu Payment 4. Location Requirement. Multi-family replacement units, both free-market and affordable, shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate and the Planning and Zoning Commission determines that replacement of the units on-site would be in conflict with the parcel's zoning or would be an inappropriate 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 Planning and Zoning Commission determines that the site can accommodate and may replace the remaining units off-site, at a location determined acceptable to the Planning and Zoning Commission. A recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standazd. 5. Timing Reauirement. 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, regazdless of whether the replacement units are built on-site or off-site. 6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a redevelopment agreement that specifies the manner in which the applicant shall adhere to the approvals granted pursuant to this Section and penalties for non- compliance. The City of Aspen may require a bond or other financial instrument insuring compliance with the agreement. The agreement shall be reviewed and approved by the City Attorney. The agreement shall be recorded prior to application for a demolition permit may be accepted by the City. 7. Growth Management Allotments. The existing number of free-market residential units, prior to demolition, may be replaced exempt from growth management, provided the units conform to the provisions of this Section. The redevelopment credits shall not be transferable separate from the property unless permitted as described above in Location Requirement. 8. Exemptions. The Community Development Director shall exempt from the procedures and requirements of this Section the following types of development involving Multi-Family Housing Units. An exemption from these replacement requirements shall not exempt a development from compliance with any other provisions of this Title: a. The replacement of Multi-Family Housing Units after non-willful demolition such as a flood, fire, or other natural catastrophe, civil commotion, or similar event not purposefully caused by the land owner. The Community Development Director may require documentation be provided by the landowner to confirm the damage to the building was in-fact non-willful. Exhibit A -Page 3 To be exempted, the replacement development shall be an exact replacement of the previous number of units, bedrooms, and square footage and in the same configuration. The Community Development Director may approve exceptions to this exact replacement requirement to accommodate changes necessary to meet current building codes; improve accessibility; to conform to zoning, design standards, or other regulatory requirements of the City; or, to provide other architectural or site planning improvements that have no substantial effect on the use or program of the development. (Also see Chapter 26.312 - Nonconformities.) Substantive changes to the development shall not be exempted from this Section and shall be reviewed as a willful change pursuant to the procedures and requirements of this Section. b. The demolition of Multi-Family Housing Units by order of a public agency including, but not limited to, the City of Aspen for reasons of preserving the life, health, safety, or general welfare of the public. c. The demolition, combining, conversion, replacement, or redevelopment of Multi- Family Housing Units which have been used exclusively as tourist accommodations or by non-working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall still apply including zoning, growth management, and building codes. d. The demolition, combining, conversion, replacement, or redevelopment of Multi- Family Housing Units which were illegally created (also known as "Bandit Units"). Any improvements associated with Bandit Units shall be required to conform to current requirements of this Title including zoning, growth management, and building codes. Replaced or redeveloped Bandit Units shall be deed restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. e. Any development action involving demising walls or floors/ceilings necessary for the normal upkeep, maintenance, or remodeling of adjacent Multi-Family Housing Units. f. A change order to an issued and active building permit exceeding the limitations of remodeling/demolition to rebuild portions of a structure which, in the opinion of the Community Development Director, should be rebuilt for structural, safety, accessibility, or significant energy efficiency reasons first realized during construction, which could not have been reasonably predicted prior to construction, and which cause no or minimal changes to the exterior dimensions and character of the building. Exhibit A -Page 4