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HomeMy WebLinkAboutcoa.gmc.19960606SPECIAL MEETING THURSDAY, JUNE 6, 1996, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. Continued Discussion - North 40 II. ADJOURN TO: The Growth Management Commission FROM: Cindy Houben, Community Development Director Rick Magill, Planner RE: Continued review of the North 40 proposal DATE: June 6, 1996 Tonight's meeting was scheduled in order to continue discussion from the June 4th Growth Management Meeting regarding the N-40 proposal. Tonight's meeting should be used to discuss several threshold issues regarding the proposal. A later meeting will most likely be needed in order to establish the City Planning. and Zoning Commission referral comments and the County Planning and Zoning Commission recommendations relative to all of the "other" issues and details involved in this review. Staff is requesting that tonight's discussion be limited to the following issues: 1. A mechanism to include the commercial component of the development in this review process. As explained, and as will be further discussed at the meeting, the applicants are proposing that the commercial component be included in the application. The applicants believe that there is a certain level of AH associated commercial which can be supported by the residential element of the proposal. However, they do not believe that the size and configuration of the parcel warrants additional, traditional B-2 zoning on a portion of the parcel. Because staff contends that rezoning of the parcel to B-2 should not occur without a GMQS application, we offer the following language for a condition which would allow the proposal to proceed and provides the applicant with an acceptable comfort level. Proposed condition language: Parcel shall be designated on the detailed/final plat as AH/Accessory Commercial. GMQS and SR approvals are required prior to development of the parcel. The Growth Management Commission acknowledges that the parcel may not be suitable for additional affordable housing given its proximity to the highway and the existing industrial uses, and that the parcel may be too large for the amount of AH associated commercial required by the AH development. Therefore, the applicant has the option to request a rezoning to B-2, in association with the GMQS and SR application for a portion of the parcel. The GMQS and SR reviews shall determine the appropriate level of AH/Accessory uses and whether or not the B-2 rezoning and its associated uses are appropriate for the parcel. 2. Implications of 100% R.O.: The application is requesting that 100% of the proposed 71 lots be R.O. There are several issues that arise when this alternative is proposed. Those include: 1. The character of the proposal and how it relates to the AACP goals; 2. The number of RO units that will remain for the community and the continued success of the other AH zone districts that require a mix of AH types; 3. How the accounting for the RO units can be accomplished with the least number of impacts to the AH program; 4. The Housing Authority Board's Comments (attached). SUMMARY: Staff requests that we discuss these issues tonight and postpone the remainder of the discussion regarding the proposal to another date. Attachments: 1. Housing Office memo 2. RO criteria 3. AH/2 PUD zone district To: Rick McGill, Community Development From: Dave Tolen, Housing Office Re: North Forty AH Date: 6 June, 1996 The Housing Board reviewed John McBride's proposal for a 100% Resident Occupied project and the appropriateness of a multi year allocation for the project. The Housing Board agreed that a multi year allocation would be appropriate, but was very concerned about two issues: • If a multi year allocation is granted, it would be for the purpose of marketing the lots immediately. The Housing Board wanted to be sure that infrastructure work is complete and lots are really available within a reasonable period of time after the project was approved. • The Housing Board was also concerned about the applicant's desire to have the Resident Occupied guidelines amended, removing the appreciation caps. The board felt that the multi year allocation was appropriate only for R.O. units with an appreciation cap. The Housing board voted to recommend a multi year allocation of Resident Occupied units to the North Forty project subject to the following conditions: 1. The units would be subject to the Resident Occupied guidelines effective at the time of Final Approval, provided that the appreciation caps remain a part of the R.O. guidelines. If the appreciation caps are removed prior to this project's final approval, the project should be re -scored. 2. The allocation of units from future years will not prevent allocation of Resident Occupied units for other projects, including projects which do not qualify for future allocations. 3. The infrastructure for the entire North 40 project shall be complete, and all lots shall be available to qualified purchasers no later than 18 months after final plat approval. SECTION 2 RESIDENT OCCUPiED UNITS AND QUALIFICATIONS In addition to the income categories for affordable housing units set forth in Section 1 above, affordable housing units may also be designated "Resident Occupied Units." This category was created to offer the private sector an incentive to produce affordable housing for the community. Resident Occupied Units shall be occupied by persons and families who qualify as stated below. A developer of a Resident Occupied Unit, either for sale or rental, shall have the right to select the purchaser or tenant of the unit so long as that person(s) complies with the qualifications set forth below. Sales or rentals of Resident Occupied Units shall be the responsibility of the owner of the unit. The Housing Office shall only qualify purchasers or tenants for compliance as set forth below. REQUIR0AENT5 TO PURCHASE RO UNITS Resident Occupied Units shall meet the following criteria: A. No asset or income requirements. B. initial Sales Price - set by developer. C. Maximum Resale Price/Appreciation - The maximum resale price is the purchase price plus our percent (d°/o) appreciation �simcie, not �omooundedl of he ur-nase price Tor each year cr portion thereof, that the unit is owned. If an RC unit is sold prier 'o 'hree full years of ownership, then the owner is not entitled to any aporec;aticn. Cnce the RO unit has been owned for over three full years, then the owner is entitled to a maximum of four percent 'I°oi (Simple) annual accrac!aticn for eacn year cr portion thereof that the unit s owned (including years cne thrcugn three;. ®. Unit Size - A maximum of 2,000 gross square feet; a maximum 5500 square foot garage; and a maximum i,000 Square scot basement. If a larger garage or :;asement is construc:eo, there ail square footage over �00 or 1,000, respecdvely, will be counted as a part of the 2,000 square feet of space allowed. This is being readdressed by the BOCC and City Council and their approved recommendations would override the ones listed here. E. Employment Requirement - Applicants must demonstrate that they are qualified employees and that they have three years of consecutive full-time employment, as defined by the Affordable Housing Guidelines, in Pitkin County immediately prior to application. Seniors who are retired are required to demonstrate that they were qualified employees based ucon the definition in the Affordable Housing Guidelines for five consecutive years immediately prior to retirement. F. Primary Residence - A RO unit must be the owner's primary residence. Proof of residency, including, but not limited to, voter registration and automobile registration, shall be required. G. Income/Earnings - Applicants must demonstrate that their income/eamings are earned primarily in Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a Colorado resident. H. Sales and Marketing - In terms of sales and marketing of RO units, the Housing Office shall only qualify prospective purchasers. Units will be bought and sold in the private sector, however, each sale shall contribute a one percent (1 °'°) fee (on total sale price) to the overall housing program. This fee will be collected in the same fashion as the FNMA fee at closing. (If the Housing Office markets and sells Resident Occupied units, then the Seiler shall contribute a 2% fee [on total sale price] to the overall housing program, excluding the 1 % fee above.) 1995 AspeniPitkin County Housing Guidelines Page 4 of 29 Ordinance No. 96- Page 3 family -oriented affordable housing, promote housing proposals that reflect surrounding neighborhood. NOW THEREFORE BE IT ORDAINED BY THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS THAT THEY DO HEREBY AMEND THE PITKIN COUNTY LAND USE CODE TO CREATE THE FOLLOWING NEW ZONE DISTRICTS: Sec. 3-40.71 Affordable Housing/Planned Unit Development (AH 2/PUD) . A. IN=T. The purpose of the Affordable Housing (AH/2 PUD) zone district is to provide for the use of land for the production of Category 1, 21 3, and 4 affordable housing and resident occupied units and lots (as defined by the Housing Authority Guidelines of the Aspen/ Pitkin County Housing Authority) within the Aspen Metro area. The zone district also permits a limited component of free market units to off -set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH 2/PUD) zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity -to residential uses are included as special review uses. Commercial uses which are accessory to the housing development are also included as special review uses. Lands in the Affordable Housing (AH 2/PUD) zone- district should be scattered throughout the Metro Area to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the Affordable Housing (AH 2/PUD) zone district can protect the area's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the Affordable Housing (AH 2/PUD) zone district should be located within walking distance of activity areas or on transit routes, and on pedestrian and bicycle trails. The County AH zone district Metro area regulations only apply within the Metro area, outside of the Aspen city limits, as described in the definition section of the County Land Use Code. B. Allowed Uses. The following uses are permitted as of right in the Affordable Housing (AH 2/PUD) zone district. 1. Residential uses restricted to Category 1, 2, 3, and 4 affordable housing guidelines and resident occupied 3 Ordinance No. 9 6 Page 4 units( as defined by the Housing Authority Guidelines of the Aspen/ Pitkin County Housing Authority). 2. Accessory Buildings and Uses 3. Bus Stop and/or transit facilities 4. Day Care Centers 5. Home Occupations 6. Parks, Playground, Playing Fields 7. Solar Energy Collectors (Private Use) 8. Trails C. Special Review Uses: The following uses are subject to special review: 1. Agriculture Stands 2. Caretaker Dwelling Units 3. Cemeteries 4. Churches 5. Club Houses or Recreational Buildings used in connection with and accessory to a permitted outdoor recreational use 6. Community Health Facilities es 7. Dormitory Housing 8. Employee Dwelling Units 9. Farm Buildings 10. Golf Courses 11. Mobile Homes 12. Nursing, Convalescent, Rest, and Retirement Homes 13. Outdoor Recreational Uses 14. Commercial uses accessory to the housing development. 15. Prefabricated Homes not requiring building code exceptions 16. Satellite Reception Devides 17. Schools / Universities 18. Sewage Disposal Areas / Landfills / Water Plants 19. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal Agencies 20. Water Crossing and Diversion D. Prohibited Uses: The following use are prohibited in the Affordable Housing (AH) Zone District. 1. Airport 2. Alpine Ski Areas and Support 3. Amusement and Entertainment Establishments 4. Animal Production and Husbandry Services, and Other Farm and Agricultural Uses 5. Commercial Automobile Parking Lots 6. Commercial Camping Areas 7. Commercial Firewood Splitting, Storage and Sales 4 Ordinance No. 96- Page 5 8. Commercial Kennels and Veterinary Clinics 9. Commercial Riding Stables 10. Equipment Supplies and Contraction or Subcontraction 11. Essential Government and Public Utility Uses, Facilities and Services 12. Financial Institutions 13. General Services 14. Guest Ranches 15. Hospitals 16. Junk Yards 17. Logging 18. Medical / Dental Clinics 19. Mineral Exploration/Mining Concrete Batch Plants 21. Motels, Hotels, Lodges 22. Nordic Ski Areas and Support Facilities 23. Of -,"'ices 24. Places for Retailing of Goods (where structures and businesses are greater than to 12,000 square feet of gress floor area) deg 5tC Lire_ 25. Professional Offices 26. Radio Transmitting Station 27. Research Facilities, Indoors 23. Research Facilities, Other 29. Resort Cabins 30. Restaurants and Bars 31. Timesharing / Fractional Fees 32. Uses not Listed 33. Vehicle and Aircraft Sales and Service D. Dimensional - racruirements. The following dimensional requirements shall apply to all permitted and Special Review uses in the Affordable Housing (AH) zone district. 1. Minimum lot area: 3,000 square feet 2. Minimum lot area per Principal Use is dependent upon the type of Affordable Housing: a. Detached residential dwelling: 3,000 b. Duplex: 1,500 C. For multi -family dwellings on a lot of less than 27,000 square feet or between 27,000 square feet and 43,560 square feet or less when approved by special review pursuant to Section 3-20, the following square feet requirements apply: 1) Studio: 300 2) 1 bedroom: 400 3) 2 bedroom: 800 4) 3 bedroom: 1,200 5 Irdinance No. 96- Page 6 5) Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of lot area. d. For multi -family dwellings on a lot of more than 27,000 square feet (except when varied by special review) the following square feet requirements apply: 1) Studio: 1,000 2) 1 bedroom: 1,250 3) 2 bedroom: 2,100 4) 3 bedroom: 3,630. 5) Units with more bedroom per 1,000 than 3 bedrooms: One (1) square f eet of lot area. 3. Minimum lot width (feet): Minimum Front Yard Setback: Minimum Side Yard Setback: Minimum Rear Yard Setback: Maximum Height- Principal and Accessory Structures: Minimum distance between buildings on the lot: Minimum usable Open Space per Dwelling Unit: To be determined during PUD review, based upon the criteria in Section 3-170 including but not limited to neighborhood compatibility and adjacent zone district regulations. 4. Maximum Floor Area Ratio: The allowable floor area permitted in this zone is determined by the following table and shall be applied to the proposed fathering parcel. Floor area allocations on newly proposed subdivided lots shall be determined as part of the Planned Unit Development review, but in no case shall they cumulatively exceed the provisions of this section. Sites may be developed up to 85% of the allowed f loor area. Up to 100% of the f loor area may be permitted by special review, pursuant to Section 3-20. Lot Size (Square Feet) Allowable Square Feet 0­15,000 square feet 1.1:1 15,001 square feet--25,000 square fee-- 1:1 25,001 43,560 square feet .8':1 >1 acre 3 acres .6:1 >3 acres 6 acres .36:1 >6 acres .3:1 0 Ordinance No. 96- Page 7 E. Off-street parking requirement. Parking standards in the AH 2/PUD zone -shall be consistent with the provisions of Section 3-1108, except for residential uses which shall be established by special review pursuant to Section 3-20. The maximum number of parking spaces required shall not exceed 1 space/bedroom for Free Market Units. Parking spaces shall not exceed 1 space/bedroom or 2 spaces/dwelling unit, whichever is less for the Deed Restricted Units (Category of Resident Occupied Units) . Sec. 3-40.72 Affordable Housing/Planned Unit Development (AID 3/PUD). A. INTENT. The purpose of the Affordable Housing (AH 3/PUD) zone district is to provide for the use of land for the production of Category 1,-2, 3, and 4-affordable housing and resident occupied units ( as defined by the Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority) within the Aspen area Community Plan extended Metro .Area. The zone district - also permits a limited component of free market units/lots to off -set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The Affordable Housing (AH 3/PUD) zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as special review uses. Commercial uses which are accessory to the housing development are also included as special review uses. Lands in the Affordable Housing (AH) zone district should be scattered throughout the AACP Housing to ensure a mix of housing types, including those -which are affordable by its working residents; at the same time the Affordable Housing (AH 3 /PUD) zone district can protect the area's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the Affordable Housing (AH 3/PUD) zone district should be located within walking distance on transit routes, and on'pedestrian and bicycle trails. These AH AACP housing area regulations apply to the area west of the Metro area boundary (as described in the County Land Use Code definition section) to the Aspen Village Mobile Home Park. B. Allowed Uses. The following uses are permitted as of right in the Affordable Housing (AH 3/PUD) zone district. 1. Residential uses restricted to Category 11 2, 3, and 4 affordable housing guidelines and resident occupied 7