HomeMy WebLinkAboutordinance.council.006-10ORDINANCE N0. 6,
(SERIES OF 2010)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF
ASPEN, PITHIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Ajax Apartments LLC, represented by Peter Fomell, requesting an Amendment to
the Text of the Land Use Code.; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended in favor of the
proposed Amendment to the Text of the Land Use Code; and,
WHEREAS, during a duly noticed public hearing on January 19, 2010, the
Planning and Zoning Commission approved Resolution No. 3, Series of 2010, by a 6-0 vote,
finding that the Amendment to the Text of the Land Use Code met the required standards of
review; and,
WHEREAS, the Aspen City Council has reviewed and considered the Amendment
to the Text of 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 applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Aspen City Council finds that the Amendment to the Text of the
Land Use Code meets or exceeds all applicable standazds of review and that the Amendment
to the Text of the Land Use Code is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, during a duly noticed public hearing on March 22, 2010, the Aspen
City Council approved Ordinance No. 6, Series of 2010, by a 4-0 vote, finding that the
proposed Amendment to the Text of the Land Use Code met the required standazds of
review; and,
WHEREAS, the Aspen City Counci] finds that this ordinance furthers and is
necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby finds that the proposed Amendment to the Land Use Code
meets the required standards of review.
Section 2: Amendment to Section 26.470.OSO.B of the Land Use Code
Section 26.470.OSO.B shall read as follows:
B. General requirements: All development applications for growth management review
shall comply with the following standards. The reviewing body shall approve, approve
with conditions or deny an application for growth management review based on the
following generally applicable criteria and the review criteria applicable to the specific
type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Subsection 26.470.030.D. Applications for multi-year
development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet
this standard.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval and the
Conceptual Planned Unit Development approval, as applicable.
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees
generated by the additional commercial or lodge development, according to Subsection
26.470.100.A, Employee generation rates, are mitigated through the provision of
affordable housing. The employee generation mitigation plan shall be approved pursuant
to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the
Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may
choose to provide mitigation units at a lower category designation. If an applicant
chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to
Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.090
Criteria for Administrative Extinguishment of the Certificate.
6. Affordable housing net livable area, for which the finished floor level is at or above
natural or finished grade, whichever is higher, shall be provided in an amount equal to at
least thirty percent (30%) of the additional free-market residential net livable area, for
which the finished floor level is at or above natural or finished grade, whichever is
higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4,
Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") maybe deed-restricted at any level of
affordability, including residential occupied. If an applicant chooses to use a Certificate
of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate
shall be extinguished pursuant to Chapter 26.540.090 Criteria for Administrative
Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100
Employee/Square Footage Conversion.
7. The project represents minimal additional demand on public infrastructure, or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking and road and transit services.
Section 3: Amendment to Section 26.470.060.2 of the Land Use Code
Section 26.470.060.2 shall read as follows:
2. Single-family and duplex dwelling units. The following types of development of
single-family or duplex structures shall require the provision of affordable housing in one
(1) of the methods described in Subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district or a duplex dwelling on a vacant lot in one (1) of the
following conditions:
^ A vacant lot created by a lot split, pursuant to Subsection 26.480.060.0.
^ A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4,
when the subject lot does not itself contain an historic resource.
A vacant lot that was subdivided or was a legally described parcel prior to
November 14, 1977, that complies with the provisions of Subsection
26.480.020.E, Aspen Townsite lots.
These new residential units shall be deducted from the development ceiling levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
annual development allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district or a duplex dwelling, regardless of
when the lot was subdivided or legally described. These redeveloped units shall not
require a growth management allocation and shall not be deducted from the respective
annual development allotments or development ceiling levels established pursuant to
Section 26.470.030.
c. Affordable housing requirements for the types ofsingle-family and duplex
development described above shall be as follows:
Single family. In order to qualify for asingle-family approval, the applicant shall have
five (5) options:
1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carnage
house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses;
2) Providing an accessory dwelling unit, or a carriage house, authorized through special
review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520;
3) Providing anoff--site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5) Recording aresident-occupancy (RO) deed restriction on the single-family dwelling
unit being constructed.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section
26.540.060 Authority of the Certificate, commensurate with the net increase of square
footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended.
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6) options:
1) Providing one (1) free-market dwelling unit and one (1)deed-restricted resident
occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet;
2) Providing either two (2) above-grade, detached accessory dwelling units or carriage
houses (or one [1] of each), or one (1)above-grade, detached ADU or carnage house
with a minimum floor area of six hundred (600) net livable square feet, pursuant to
Chapter 26.520;
3) Providing either two (2) accessory dwelling units or carriage houses (or one [1] of
each) or one (1) ADU or carriage house with a minimum of six hundred (600) net
livable square feet authorized through special review to be attached and/or partially or
fully subgrade, pursuant to Chapter 26.520;
4) Providing anoff-site affordable housing unit within the Aspen Infill Area accepted by
the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended;
5) Providing two (2) deed-restricted resident-occupied (RO) dwelling units; or
6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section
26.540.060 Authority of the Certificate, commensurate with the net increase of square
footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 4• Amendment to Section 26.470.070(4+5) of the Land Use Code
Section 26.470.070(4+5) shall read as follows:
4. Affordable housing. The development of affordable housing deed-restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be
approved, approved with conditions or denied by the Planning and Zoning Commission
based on the following criteria:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be
required for this standard. The Aspen/Pitkin County Housing Authority may choose to
hold a public hearing with the Board of Directors.
b. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
limits. Units outside the City limits maybe accepted as mitigation by the City Council,
pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full
unit, acash-in-lieu payment maybe accepted by the Planning and Zoning Commission
upon a recommendation from the Aspen/Pitkin County Housing Authority. If the
mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City
Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable
Housing Credit maybe used to satisfy mitigation requirements by approval of the
Community Development Department Director, pursuant to Section 26.540.080
Extinguishment of the Certificate. Required affordable housing may be provided through
a mix of these methods.
c. Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher.
d. The proposed units shall be deed-restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner maybe entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the Aspen/Pitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City to own the unit and rent it to qualified renters as defined in the
Affordable Housing Guidelines established by the Aspen/Pitkin County Housing
Authority, as amended. The proposed units maybe rental units, including but not limited
to rental units owned by an employer or nonprofit organization, if a legal instrument in a
form acceptable to the City Attorney ensures permanent affordability of the units. The
City encourages affordable housing units required for lodge development to be rental
units associated with the lodge operation and contributing to the long-term viability of the
lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County or other similar governmental or quasi-municipal agency shall not be
subject to this mandatory "for sale" provision.
e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for
mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such
non-mitigation affordable housing is eligible to receive a Certificate of Affordable
Housing Credit pursuant to Section 26.540.
5. Demolitiou or redevelopmeut of multi-family housing. The City'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.
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 have 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 area businesses and the City'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 ensure 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 demolishine, converting or redeveloping free-
market multi-family housing units: Only one (1) of the following two (2) options
is required to be met when combining, demolishing, converting or redeveloping a
free-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 percent (100%) of
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
Subsection 4, Affordable housing, of this Section.
When this one-hundred-percent standard 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 Paragraph 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 percent
(100%) 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 percent (50%) 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 Paragraph 26.470.070.4, Affordable housing.
When this fifty-percent standard is accomplished, the remaining development
on the site may be free-market residential development as long as additional
affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3,
Expansion of free-market 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 Paragraph 26.470.080.2, New free-
market residential units within amulti-family ormixed-use project.
c. One-hundred percent affordable housing replacement. When one-hundred-
percent of the free-market multi-family housing units are demolished and are
solely replaced with deed-restricted affordable housing units on a site that are
not required for mitigation purposes, including any net additional dwelling
units, pursuant to Section 26.470.070.4, Affordable Housing; all of the units in
the redevelopment are eligible for a Certificate of Affordable Housing Credit,
pursuant to Section 26.540 Certificate of Affordable Housing Credit. Any
remaining unused free market residential development rights shall be vacated.
Section 5• Establishin¢ Chapter 26.540 of the Land Use Code_
Section 26.540 shall read as follows:
Chapter 26.540
CERTIFICATE OF AFFORDABLE HOUSING CREDIT
Sections:
Sea 26.540.010 Purpose
Sec. 26.540.020 Authority
Sec. 26.540.030 Application and fees
Sec. 26.540.040 Review criteria for Planning and Zoning Commission
Sec. 26.540.050 Procedures for establishing a Certificate of Affordable Housing
Credit
Sec. 26.540.060 Authority of the Certificate
Sec. 26.540.070 Transferability ofthe Certificate, contents of the grantor and
grantee certificates
Sec. 26.540.080 Extinguishment of the Certificate
Sec. 26.540.090 Criteria for administrative extinguishment of the Certificate
Sec. 26.540.100 Appeals
26.540.010 Purpose. There are two main purposes of this chapter: to encourage the
development of affordable housing; and to establish a new option for housing mitigation
that immediately offsets the impacts of free market development. A Certificate of
Affordable Housing Credit is issued to the developer of affordable housing that is not
required for mitigation. Another entity can purchase such a Certificate and use it to
satisfy housing mitigation requirements. Establishing this transferable Certificate creates
anew revenue stream that can make the development of affordable housing more
economically viable. Establishing this transferable Certificate also establishes a new
option for mitigation that reflects built and occupied affordable housing, thereby
offsetting the impacts of free market development before those impacts are felt. This
section describes the process for establishing, transfemng and extinguishing a Certificate
of Affordable Housing Credit.
26.540.020 Authority. The Planning and Zoning Commission is authorized, at a public
hearing meeting the noticing requirements of Section 26.304.060.E Public Notice, to
approve, approve with conditions, or deny an application for the establishment of a
Certificate of Affordable Housing Credit in the form of a resolution, subsequent to a
recommendation of the Community Development Director.
26.540.030 Application and fees. All applications shall include the information required
under Chapter 26.304, Common Development Review Procedures. In addition, all
applications must also include the following information.
i. The net livable square footage of each unit.
2. If applicable, the conditions under which reductions from net minimum livable square
footage requirements are requested according to Aspen Pitkin County Housing Authority
Guidelines.
3. Proposed category of each unit.
4. Proposed Full-Time-Equivalents housed by the units in increments of no less than five-
one-hundredths (.OS).
26.540.040 Review criteria for planning and zoning commission
A Certificate of Affordable Housing Credit maybe established by the Planning and
Zoning Commission, pursuant to the adoption of a Resolution, if all of the following
criteria are met:
A. A Certificate of Occupancy has been issued for affordable housing units that have
been deed-restricted subsequent to the adoption of Ordinance No. 6, Series of 2010, and
pursuant to the requirements of Section 26.470.070.4(a-d).
B. The affordable housing units are not for the purpose of mitigating impacts of
development, or a requirement or obligation of a Development Order.
C. A recommendation of the Aspen Pitkin County Housing Authority Board of Directors
has been made, establishing the number ofFull-Time-Equivalents (FTEs) accommodated
by the affordable housing units, pursuant to Affordable Housing Guidelines, as amended.
26.540.050 Procedures for Issuing a Certificate of Affordable Housing Credit.
Once the Planning and Zoning Commission has approved the creation of a Certificate of
Affordable Housing Credit through adoption of a Resolution, the Community
Development Director shall issue a Certificate of Affordable Housing Credit in a form
prescribed by the Director.
1. Content of the Certificate. The originating certificate is the certificate of affordable
housing credit initially memorializing the housing credit. The content of the originating
certificate shall include the following information:
a) A number of the certificate in chronological order of their issuance.
b) Parcel identification number, legal address and the street address of the affordable
housing.
c) The number of Ful] Time Equivalents (FTEs) accommodated by the affordable
housing units, in increments of no less than five-one-hundredths (.OS).
2. Issuance of the Certificate. At the time of issuance of a Certificate by the City, a
letter acknowledging receipt and acceptance of the certificate shall be submitted by the
owner to the Community Development Departrnent.
26.540.060 Authority of the certificate
The certificate may be utilized in whole or in part, including fractions of an FTE no less
than .OS FTE, to satisfy affordable housing mitigation requirements in accordance with
other applicable sections of this Title.
26.540.070 Transferability of the certificate
A Certificate of Affordable Housing Credit maybe sold, assigned, transferred, or
conveyed in whole or in part, in increments no less than five-one-hundredths (.OS).
Transfer of Title shall be evidenced by an assignment of ownership on the actual
certificate document. Upon transfer, the new owner may request the City re-issue the
certificate acknowledging the new owner. Re-issuance shall not require re-review by
the Planning and Zoning Commission.
2. The market for Certificates of Affordable Housing Credit is unrestricted and the City
shall not prescribe or guarantee the monetary value of a Certificate of Affordable
Housing Credit.
3. The Community Development Director shall establish policies and procedures not
inconsistent with this Chapter for the printing of certificates, their safe-keeping,
issuance, record-keeping, and extinguishments.
26.540.080 Extinguishment of the certificate.
1. Upon approval of a land use application pursuant to Chapter 26.470, the Community
Development Director shall extinguish all or part of a Certificate of Affordable Housing
Credit, as applicable, to be noted in the subsequent Development Order.
2. When all of a certificate is extinguished, the city shall void the certificate.
3. When part of a certificate is extinguished, the city shall issue a replacement certificate
amending the certificate in increments of no less than .OS FTE.
26.540.090 Criteria for Administrative Extinguishment of a Certificate
The Community Development Director shall extinguish all or part of a certificate of
Affordable Housing Credit for the purposes of meeting mitigation requirements if the
application meets one or more of the following criteria:
A. An Ordinance approved under this Title that includes a condition describing required
housing mitigation has taken legal effect, and the portion of the Certificate to be
extinguished is equal to the mitigation required in terms of FTEs as calculated under
Aspen Pitkin County Affordable Housing Guidelines, as amended.
B. A Development Order has been issued that satisfies housing mitigation pursuant to
Section 26.470.060.2(c)vi, or Section 26,470.060.2(c)7, and the portion of a Certificate to
be extinguished is equal to the mitigation required, according to Aspen Pitkin County
Affordable Housing Guidelines, as amended.
If the portion of the Certificate to be extinguished satisfies mitigation requirements under
Section 26.470.OSO.B.6 General Requirements, the required number of FTEs, in
increments of no less than .OS FTE, shall be calculated pursuant to Section 26.470.100
Employee/Square Footage Conversion.
Section 26.540.100 Appeals
An applicant aggrieved by a determination made by the Community Development
Director or Planning and Zoning Commission, pursuant to this Section, may appeal the
decision to the City Council, pursuant to the procedures and standards of Chapter 26.316,
Appeals.
Section 6:
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 7•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 8
A public hearing on this ordinance will be held the 22"a day of Mazch 2010 at 5:00 p.m.
in the City Council chambers, 130 S. Galena.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 22nd day of Februazy, 2010.
,~~ ~,~
Michael C. Ireland, Mayor
AtteS
thryn S. Ko ity erk
FINALLY adopted, passed and approved this 22"d day of March, 2010.
Attes
thryn S. ,City Clerk
Approved as to form:
J orces er, City Attorney
ORDINANCE NO. 2) Providing either two (2) above - grade, detached accessory dwelling units or carriage houses (or ne [1] of each), or one (1) above -
(SERIES OF 2010) grade, detached ADU or carnage house with a minimum floor area of six hundred (600) net livable square feat, pursuant to Chapter
26.520;
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE TEXT OF 3) Providing either two (2) accessory dwelling units or carriage houses (or one (11 of each) or one (1) ADU or carriage house with
THE LAND USE CODE OF THE CITY OF ASPEN, PTTKIN COUNTY, COLORADO. a minimum of six hundred (600) net livable square feet authorized through special review to be attached and/or partially or fully
subgrade. pursuant t0 Chapter 26.520;
WHEREAS, the Community Development Department received an application from Ajax Apartments LLC, represented by
Peter Fornell, requesting an Amendment to the Ted of the Land Use Code.; and, 4) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority
and deed - restricted in accordance with the Aspen/Pitkin Comity Housing Authority Guidelines, as amended;
WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Deparhnent
recommended in favor of the proposed Amendment to the Text of the Lard Use Code; and, 5) Providing two (2) deed - restricted resident- occupied (RO) dwelling units; or
WHEREAS, during a duty noticed pudic hearing on January 19, 2010, the Planning and Zoning Commission approved Resolution 6) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as
No. 3, Series of 2010. by a 6-0 vote, finding that the Amendment to the Text of the Land Use Code met the required standards of review, amended.
and
7) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate,
WHEREAS, the Aspen City Council has reviewed and considered the Amendment t0 the Ted of the Land Use Code under the commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as
applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community amended.
Development Director, the applicable referral agencies, and has taken and considered pudic comment; and,
%Minn 4: Amendment to Section 26 970 07014+51 of the I and Ilse Code
WHEREAS, the Aspen Cty Council finds that the Amendment to the Ted 0f the Lard Use Code meets or exceeds all applicable Section 26.470.070(4 +5) shall read as follows:
standards of renew and that the Amendment to the Ted of the Lad Use Code is consistent with the goals and elements of the Aspen Area
Community Plan; and, 9. Affordable housing. The development of affordable housing deed- restricted in accordance with the Aspen/Pike County Housing
Authority Guidelines shall be approved, approved with conditions of denied by the Planning and Zoning Commission based on the
WHEREAS, during a duly noticed public heating an March 22, 2010, the Aspen City Council approved Ordinance No., Swim following criteria:
of 2010, by a vote, finding that the proposed Amendment to the Ted of the Lard Use Code met the required standards of review ant,
a. The proposed units compty with the Guidelines of the Aspen /Pitkin County Housing Authority. A recommendation from the Aspen/
WHEREAS, the Aspen City Council finds that this ordnance furthers and is necessary for the promotion of public heats, safety, and Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a
welfare public hearing with the Board of Directors.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO b. Affordable housing required for mitigation purposes shall be in the tom of actual newly built units or buy -down units. OH -stte
THAT, units shalt be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant
to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in -lieu payment may be accepted by
Section 1: the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation
Pursuant to the procedures and standards set forth in Ttfe 26 of the Aspen Municipal Code, the City Council hereby finds that the requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3.
proposed Amendment to the Land Use Code meets the required standards of review. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development
Department Director, pursuant to Section 26.540 080 Extinguishment of the Certificate. Required affordable housing may be provided
Sectbm 32Amerdme tit to Section 26.970 050.R of the I and Ilse Code through a mix of these methods.
Section 26.470.050.8 shall reed as follows:
0. Each unit provided shall be designed such that the finished floor level of fifty percent (50 %) or more of the unit's net livable area is
B. General requirements: All development applications for growth management review shall comply with the following standards. at or above natural or finished grade, whichever is higher.
The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the
following generally applicable criteria and the review criteria applicable to the specific type of development: d. The proposed units shall be deed - restricted as lor sale" units and transferred to qualified purchasers according to the Aspen/
Ptkn County Housing Authority Guidelines. The owner may be edged to select the first purchasers, subject to the aforementioned
1. Sufficient growth management allotments are available to accommodate the proposed development. pursuant to Subsection qualifications, with approval from the Aspen/Ptkin County Housing Authority. The deed restriction shall authorize the AsperWPtkin
26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26 470.090.1 shall not be required to meet County Homing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines
this standard. established by the Aspen /Pitkin County -lousng Authority, as amended. The proposed units may be rental units, including but not
limted to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney
2. The proposed development is consistent with the Aspen Area Community Plan. ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be renal
units associated with the lodge operation and contributing to the long -tern viability of the lodge. Units owned by the Aspen/Pitkin
3. The development conforms to the requirements and limitations of the zone district. County Housing Authority, the City of Aspen, Pitkin County or other similar govemmental or quasi - municipal agency shall not be
subject 10 this mandatory lot sale" provision.
4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual
Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. e. Non - Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of
Section 26,470070.4(a -d). The owner of such non - mitigation affordable housing is eligible to receive a Ceniibate of Affordabe
5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the addthonal commercial or ledge Housing Credit pursuant to Section 26.540.
development, according to Subsection 26.470.100.A, Employee generation rates. are mitigated through the provision of affordable
housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.0704, Affordable housing, at a 5. Demolition or redevelopment of multi family housing. The City's neighborhoods have traditionally been comprised of a mix of
Category 4 rate as defined in the AspeNPitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide housing types, including those affordable by its working residents. However, because of Aspen's attractiveness as a resort environment
mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of
pursuant to Chapter 26.540. such Certificate shall be extinguished pursuant to Chapter 26.540.090 Criteria for Adminishetve dwellings currently providing resident housing for tourist and second -home use. Such redevelopment results in the displacement of
Extinguishment of the Ceniticate. individuals and amigos who we 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.
6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher,
shall be provided in an amount equal to at least thirty percent (30%) of the additional free -market residential net livable area, for which Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen have been long-standing planning
the finished floor level is at or above natural or finished wade, whichever is higher. Affordable housing shell be approved p rsuam to gods of the community. Achievement of these goals w1I serve to promote a socially and economically balanced community, Writ the
Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of
Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable commuting and prevent exclusion of working residents from the City's neighborhoods.
housing units that are being provided absent a requirement ('Voluntary units ") may be deed- rmbicted at any level of affordability,
including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to The Aspen Area Community Plan established a god that affordable housing for working residents be provided by both the public and
Chapter 26,540, such Certificate shall be extinguished pursuant to Chapter 26.540.090 Criteria for Administrative Extinguishment of private sectors. The City and the Aspen/Pitkin County -busing Authority have provided affordable housing both within and adjacent
the Certificate, utilizing is calculations in Section 26.470.100 Employee/Square Footage Conversion. to the City limits. The private sector has also provided affordable housing. Nevertheless, as a resut 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
7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated Krogh continued viability of Aspen area businesses and the City's tourist -based economy, the CM has found it necessary, In concert with
improvement proposed as pad of the project, Public infrastructure includes, but Is not limited b. water supply, sewage treatment, other regulations, to adept lmitations on the combining, demolition or conversion of existing mud - family housing in order to rrinimee
energy and communication utilities. drainage control, fire and police protection, solid waste disposal, parking and road and transit to displacement of working residents, to ensure that the private sector maintains its role in the provision of resident housing and to
services prevent a housing shortfall from occurring.
Section 3; Amend, a .: 4 ink.. • •■■., 124e_C404 The combining, demolition, conversion or redevelopment of null - family homing shall be approved, approved with conditions or
Section 26.470.060.2 shall read as follows: denied by the Planning and Zoning Commission based on compliance with the following requirements (see defintbn of demolition.):
2. SMgle - famiy and duplex dwelling unto. The lolbwing types of development of single - family or duplex structures shall require 1. Routlrements for rnmbininn tlemolcdno cnnvertn0 or redevmbpina free-market rgyIM -family housing uniR: Only one (1) of the
the provision of affordable housing in one (1) of the methods described in Subparagraph c: following two (2) options is required to be met when combining, demolishing, converting or redeveloping a free-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
a: The development of a new single- family, multiple detached residential units when permitted in the zone district or a duplex dwelling density (total number of units) between the existing development and proposed development shall be allowed.
on a vacant lot in one (1) of the following conditions:
• A vacant lot created by a lot split, pursuant to Subsection 26.480.060.0. a. One - hundred-percent replacement. In the event of the demolition of free - market multi-family housing, the applicant shall have
• A vacant lot created by an historic lot split, pursuant to Paragraph 26.480.030A.4. when the subject lot does not itself contain the option to construct replacement housing consisting of no less than one hundred percent (10O%) of the number of units,
an historic resource. bedrooms and net livable area demolished. The replacement units shall be deed- restricted as resident occupied affordable
• A vacant lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions housing, pursuant to the Guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide
of Subsection 26.480 020.6, Aspen Townsile lots. mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Subsection 4, Affordable
housing, of this Section.
These new residential unts shall be deducted from the development ceiling levels established pursuant to Section 28 470,030. but
shall not be deducted from the respective annual development allotments for residential development. When this one - hundred- percent standard 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
b. The replacement after demolition of an existing single-family, multiple detached residential units when permitted in the zone district of free-market residential units on the parcel. Free - market units in excess of the total number originally on the parcel shall be
or a duplex dwelling. regardless of when the lot was subdivided or legally described. These redeveloped units shall not require a reviewed pursuant to Paragraph 26.470.070.3. Expansion of free -market residential units within a mull- family or mixed -use
growth management allocation and shall not be deducted from the respective annual development allotments or development ceiling development.
levels established pursuant to Section 26.470.030,
b. Fifty- percent replacement. In the event of the demolition of free- market mud -family housing and replacement of less than one
c. Affordable housing requirements for the types of single - family and duplex development described above shell be as iolbws:• hundred percent ( 100%) 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 fay percent (50 %) of the number of units, bedrooms
Single In order to qualify lor a single - famiy approval, the applicant shat have five (5) options: and the net livable area demolished. The replacement units shag be deed-restricted as Category 4 housing, pursuant to the
guidelines of the Aspen/Pekin County Housing Authority. An applicant may choose to provide mitigation units at a lower
1) Providing an above - grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing.
Dwelling Units and Carriage Houses;
When this fifty-percent standard is accomplished, the remaining development on the site may be free -market residential
2) Providing an accessory dwelling unit. or a carriage house, authorized through special review to be attached and/or partially orally development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion
subgrade, pursuant to Chapter 28.520; of free -market residential units within a mufti-family or mixed-use project, and there is no increase in the number of tree-market
residential units on the parcel. Free -market units in excess of the total number originally on the parcel shall be reviewed
3) Providing an off -site affordable housing unit within the Aspen Indl Area accepted by the Aspen/Pitkin County Housing Authority pursuant to Paragraph 26.470.080.2, New free-market residential units within a mufti- family or mixed-use project.
and deed restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, as amended;
c. One -hundred percent affordable housing replacement. When one - hundred- percent of the free -market multi-family housing
4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Ptkin County Housing Authority Guidelines, as units are demolished and are solely replaced with deed-restricted affordable housing units on a site that are not required for
amended: or mitigation purposes, including any net additional dwelling units, pursuant to Section 26.470.070.4, Affordable Housing; all of
the units in the redevelopment are eligible for a Centicate of Affordable Housing Credit, pursuant to Section 26.540 Certificate
5) Recording a resident - occupancy (RO) deed restriction on the single - family dwelling unit being constructed. of Affordable Housing Credit. Any remaining unused free market residential development dgMS shall be vacated.
6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Cenaicate. Section 5: EstablishIno Chapter 26.540 of the Land Use Code
commensurate with the net Increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as Section 26.540 shall read as follows.
amended.
Chapter 26.540
Duplex. In order to qualify for a duplex approval, the applicant shall have six (6) options: CERTIFICATE OF AFFORDABLE HOUSING CREDIT
Sections:
1)
area one Providing ole thousand 1) f r hundred free-market dwelling
50g) nit and one (1) deed-restricted resident occupied (RO) dwelling unit with a minimum floor Sec. 26.540.010 Purpose
(1.500) square tone Sec. 26.540.020 Authority - - - -_ - x - - - " -
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