HomeMy WebLinkAboutordinance.council.012-2019 ORDINANCE NO. 12
SERIES OF 2019
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE CITY OF ASPEN
LAND USE CODE RELATED
TO APCHA BOARD REFERRALS AND LAND USE APPLICATIONS
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to draft a code amendment to eliminate language regarding Aspen/Pitkin County
Housing Authority(APCHA) review and recommendation requirements for land use applications,
in order to respond to recent amendments to the City of Aspen and Pitkin County
Intergovernmental Agreement (IGA) that changes the makeup of the APCHA Board; and,
WHEREAS,pursuant to Chapter 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach through the Community Development Newsletter
regarding the code amendment and City Council conducted work sessions; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on May 13th, 2019, the City Council approved Policy Resolution No. 52, Series of 2019, by a five to
zero (5 - 0) vote requesting a Land Use Code amendment to eliminate APCHA Board review and
recommendation requirements and delete other references relating to APCHA review, and replacing
with references requiring compliance with the APCHA Guidelines; and,
WHEREAS,the Aspen City Council has reviewed the proposed Land Use Code amendment
at I"Reading on May 13th,2019 and at 2nd Reading(public hearing)on May 20th,2019 and finds that
the amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and,
WHEREAS, the proposed Land Use Code amendments to eliminate APHCA Board
referrals in the land use process will further the integrity of the process and foster better
governance.
WHEREAS, the proposed amendments are consistent and compatible with the goals and
objectives of the City of Aspen and the Aspen Area Community Plan (AACP); and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO THAT:
Ordinance 12,Series 2019
Page 1 of 9
Section 1: Code Amendment Objective
The objective of the proposed Land Use Code amendment is to eliminate potential conflicts of
interests between the City Council and APCHA in the review of land use applications.
Section 2•
City of Aspen Land Use Code Section 26.470.080.D.7.a is hereby deleted and replaced in its
entirety with the following:
a. The proposed units comply with the Guidelines of the Aspen/Pitkin
County Housing Authority, as amended.
Section 3•
City of Aspen Land Use Code Section 26.470.080.D.7.b is hereby deleted and replaced in its
entirety with the following:
b. Required affordable housing may be provided through a mix of
methods outlined in this chapter, including newly built units, buy
down units, certificates of affordable housing credit, or cash-in-lieu.
Section 4•
City of Aspen Land Use Code Section 26.470.090.A.3.b is hereby deleted and replaced in its
entirety with the following:
b. Providing a deed restricted one-bedroom or larger affordable
housing unit within the Aspen Infill Area pursuant to the
Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30%
of the Floor Area increase to the Free-Market unit. The mitigation
unit must be deed-restricted as a "for sale" Category 2 (or lower)
housing unit and transferred to a qualified purchaser according to
the provisions of the Aspen/Pitkin County Housing Authority
Guidelines.
Section 5:
City of Aspen Land Use Code Section 26.470.090.A.3.d is hereby deleted and replaced in its
entirety with the following:
d. For property owners qualified as a full-time local working resident,
an affordable housing mitigation deferral agreement may be
accepted by the City of Aspen subject to the Aspen/Pitkin County
Housing Authority Guidelines. This allows deferral of the
mitigation requirement until such time as the property is no longer
owned by a full-time local working resident. Staff of the City of
Aspen Community Development Department and Staff of the
Aspen/Pitkin County Housing Authority can assist with the
procedures and limitations of this option.
Ordinance 12, Series 2019
Page 2 of 9
Section 6:
City of Aspen Land Use Code Section 26.470.090.B.2.b is hereby deleted and replaced in its
entirety with the following:
b. Providing a deed restricted one-bedroom or larger affordable
housing unit within the Aspen Infill Area pursuant to the
Aspen/Pitkin County Housing Authority Guidelines (which may
require certain improvements) in a size equal to or larger than 30%
of the Floor Area increase to the Free-Market unit(s). The
mitigation unit(s) must be deed-restricted as a "for sale" Category 2
(or lower) housing unit and transferred to a qualified purchaser
according to the provisions of the Aspen/Pitkin County Housing
Authority Guidelines.
Section 7:
City of Aspen Land Use Code Section 26.470.090.B.2.d is hereby deleted and replaced in its
entirety with the following:
d. For property owners qualified as a full-time local working resident,
an affordable housing mitigation deferral agreement may be
accepted by the City of Aspen subject to the Aspen/Pitkin County
Housing Authority Guidelines. This allows deferral of the
mitigation requirement until such time as the property is no longer
owned by a full-time local working resident. Staff of the City of
Aspen Community Development Department and Staff of the
Aspen/Pitkin County Housing Authority can assist with the
procedures and limitations of this option.
Section 8•
City of Aspen Land Use Code Section 26.470.l OO.C.1 is hereby deleted and replaced in its entirety
with the following:
I) 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 may be entitled
to select the first purchasers, subject to the aforementioned
qualifications, pursuant to the Aspen/Pitkin County Housing
Authority Guidelines. 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 may be 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
Ordinance 12, Series 2019
Page 3 of 9
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.
Section 9•
City of Aspen Land Use Code Section 26.470.100.D.2 is hereby deleted and replaced in its entirety
with the following:
2. Requirements for demolishing 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 comply
with the Aspen/Pitkin County Housing Authority Guidelines.
Section 10•
City of Aspen Land Use Code Section 26.470.100.D.4 is hereby deleted and replaced in its entirety
with the following:
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, or
may replace the units by extinguishing the requisite number of
affordable housing credits, pursuant to Sec. 26.540, Certificates of
Affordable Housing Credit.
Ordinance 12, Series 2019
Page 4 of 9
When calculating the number of credits that must be extinguished,
the most restrictive replacement measure shall apply. For example,
for an applicant proposing to replace one 1,000 square foot three-
bedroom unit at the 50% rate using credits, the following
calculations shall be used:
• 50% of 1,000 square feet = 500 square feet to be replaced. At the
Code mandated rate of I FTE per 400 square feet of net livable area,
this requires 1.25 credits to be extinguished; or
• A three-bedroom unit=3.0 FTE's. 50%of 3.0 FTE's= 1.50 credits
to be extinguished.
Therefore, the applicant must extinguish 1.50 credits to replace a
three-bedroom unit at the 50% rate. The credits to be extinguished
would be Category 4 credits.
Section 11
City of Aspen Land Use Code Section 26.470.110.A.Lc is hereby deleted and replaced in its
entirety with the following:
c. The proposal furthers affordable housing goals by providing units
established as priority through the current Aspen/Pitkin County
Housing Authority Guidelines and provides a desirable mix of
affordable unit types, economic levels and lifestyles (e.g., singles,
seniors, families, etc.).
Section 12:
City of Aspen Land Use Code Section 26.470.1 10.13.2 is hereby deleted and replaced in its entirety
with the following:
2. The proposal furthers affordable housing goals by providing units
established as priority through the current Aspen/Pitkin County
Housing Authority Guidelines and provides a desirable mix of
affordable unit types, economic levels and lifestyles (e.g., singles,
seniors and families).
Section 13:
City of Aspen Land Use Code Section 26.470.150.A.2 is hereby deleted and replaced in its entirety
with the following:
2) The change does not alter the number, size, type or deed restriction
of the proposed affordable housing units,subject to compliance with
the Aspen/Pitkin County Housing Authority Guidelines.
Ordinance 12, Series 2019
Page 5 of 9
Section 14•
City of Aspen Land Use Code Section 26.520.020 hereby deleted and replaced in its entirety with
the following:
General: Accessory dwelling units and carriage houses are separate
dwelling units incidental and subordinate in size and character to the
primary residence, located on the same parcel, and which may be
rented or sold to a local working resident as defined by the
Aspen/Pitkin County Housing Authority Guidelines and as limited
by this Chapter. A primary residence may have no more than one
(1) ADU or carriage house. An ADU or carriage house may not be
accessory to another ADU or carriage house. A detached ADU or
carriage house may only be conveyed separate from the primary
residence as a "for sale" affordable housing unit to a qualified
purchaser pursuant to the Aspen/Pitkin County Housing Authority
Guidelines, as amended. ADUs and carriage houses shall not be
considered units of density with regard to zoning requirements.
ADUs and carriage houses shall not be used to satisfy employee
housing requirements of the Growth Management Quota System
(GMQS), except that a detached ADU or carriage house which is
deed restricted and conveyed separate from the primary residence as
a"for sale"affordable housing unit to a qualified purchaser pursuant
to the Aspen/Pitkin County Housing Authority Guidelines, as
amended, shall qualify for issuance of a Certificate of Affordable
Housing Credit,pursuant to Chapter 26.540. All ADUs and carriage
houses shall be developed in conformance with this Chapter.
Section 15•
Aspen Land Use Code Chapter 26.520.070.A is hereby deleted and replaced in its entirety with
the following:
Deed restrictions and enforcement
A. Deed restrictions. At a minimum, all properties containing an
ADU or a carriage house shall be deed restricted in the following
manner:
• The ADU or carriage house shall be registered with the Aspen/Pitkin
County Housing Authority.
• Any occupant of an ADU or carriage house shall be qualified as a
local working resident according to the current Aspen/Pitkin County
Housing Authority Guidelines, as amended.
• The ADU or carriage house shall be restricted to lease periods of no
less than six (6) months in duration or as otherwise required by the
current Aspen/Pitkin County Housing Authority Guidelines. Leases
must be recorded with the Aspen/Pitkin Housing Authority.
Ordinance 12, Series 2019
Page 6 of 9
A detached and permanently affordable Accessory Dwelling Unit or
Carriage House qualifying a property for a floor area exemption,
pursuant to Section 26.575.020 — Calculations and Measurements,
shall be deed restricted as a "for sale" affordable housing unit and
conveyed to a qualified purchaser, according to the Aspen/Pitkin
County Housing Authority Guidelines, as amended and according
to the following sales price limitations:
• Accessory dwelling units from 300 to 500 net livable square feet—
Category 3 or lower.
• Accessory dwelling units from 501 to 800 net livable square feet—
Category 4 or lower.
• Carriage houses from 800 to 1.000 net livable square feet—Category
5 or lower.
• Carriage houses from 1,001 to 1,200 net livable square feet —
Category 6 or lower.
Category sales prices shall be those specified in the Aspen/Pitkin
County Housing Authority Guidelines, as amended. The initial
developer may select the first qualified purchaser of the unit.
Subsequent conveyances shall be according to the lottery sales
procedures specified in the Aspen/Pitkin County Housing Authority
Guidelines, as amended.
A detached and permanently affordable Accessory Dwelling Unit or
Carriage House deed restricted as a "for-sale" affordable housing
unit, as described above, and which is not required for mitigation
purposes, shall be eligible to receive a Certificate of Affordable
Housing Credit pursuant to Chapter 26.540.
Accessory dwelling units deed restricted to mandatory occupancy in
exchange for a floor area bonus, prior to the adoption of Ordinance
No. 46, Series of 2001, shall be continuously occupied by a local
working resident, as defined by the Aspen/Pitkin County Housing
Authority Guidelines, for lease periods of six (6) months or greater,
unless the owner is granted approval to remove that restriction
pursuant to Subsection 26.520.090.13, Removal of Mandatory
Occupancy Deed Restriction.
The Aspen/Pitkin County Housing Authority shall provide a
standard form for recording accessory dwelling unit or carriage
house deed restrictions. The deed restriction shall be recorded with
the County Clerk and Recorder prior to a Certificate of Occupancy
being issued. The reception number associated with the recordation
shall be noted in the building permit file.
Ordinance 12, Series 2019
Page 7 of 9
Section 16:
Aspen Land Use Code Chapter 26.520.090.A.2 is hereby deleted and replaced in its entirety with
the following:
2. The change does not alter the deed restriction for the ADU or
carriage house or the alteration to the deed restriction is consistent
with the Aspen/Pitkin County Housing Authority Guidelines.
Section 17•
Aspen Land Use Code Chapter 26.520.090.B.2.a is hereby deleted and replaced in its entirety with
the following:
a) Develop a deed restricted affordable housing unit on a site that is
not otherwise required to contain such a unit or convert an existing
free-market unit to affordable housing status. The replacement
affordable housing unit shall be within the Aspen infill area, shall
be a one-bedroom or larger sized unit, shall meet the Aspen/Pitkin
County Housing Authority Guidelines (which may require certain
improvements), shall be deed restricted as a Category 2, or lower,
for-sale unit according to the Aspen/Pitkin County Housing
Guidelines, as amended, and shall be transferred to a qualified
purchaser through the Aspen/Pitkin County Housing Authority sales
process; or,
Section 18: Any scrivener's errors contained in the code amendments herein, including but not
limited to mislabeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
Section 19: Effect Upon Existing Litigation.
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 20: Severability.
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
separate,distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 21: Effective Date.
In accordance with Section 4.9 of the City of Aspen Homc Rule Charter,this ordinance shall become
effective thirty(30)days following final passage.
Section 22:
A public hearing on this ordinance shall be held on the 20th day of May, 2019, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen,
Ordinance 12, Series 2019
Page 8 of 9
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13t'day of May, 2019.
Attest:
inda Mann ng, City Cler t Steven Skadron,Mayor
FINALLY,adopted, passed and approved on w ,2019.
Attest:
Linda Manning, City Cler Steven Skadron,Mayor
Approved as to form:
James R. True,City Attorney
Ordinance 12, Series 2019
Page 9 of 9