HomeMy WebLinkAboutordinance.council.040-02 ORDINANCE NO. 4(~
(SERIES OF 2002)
AN EMERGENCY ORDINANCE OF THE cITY cOUNCIL OF THE CITY OF
ASPEN, COLORADO, TO AMEND SECTION 26~104.100, DEFINITIONs, AND
SECTION 26.530, RESIDENT MULTI'FAMILY REPLACEMENT PROGRAM,
OF THE MUNICIPAL CODE OF THE CiTY OF AgpEN FOR THE PURPOSE
OF IMPLEMENTING NEW REGULATIONS REGaRDiNG THE DEMOLITION
OF MULTI-FAMILY RESIDENTIAL BUILDinG IN THEciTy OF ASPEN.
WHEREAS, the City CoUncil of the City of Aspen directed the Community
Development Director to propose amendments to the Municipal Code to implement new
regulations regarding the demolition of multi-family residential buildings in the City of
Aspen; and,
WHEREAS, the amendments requested relate to Section 26.104.100, Definitions,
and to Section 26.530, Resident Multi-Family RePlacement Program, of the Aspen
Municipal Code; anad,
WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
may be approved by City Council by adoption of an Ordinance; and,
WHEREAS, the Conuuunity Development Director recommended adoption of
the amendments, as described herein, to the afore mentioned sections for the purpose of
promoting the goals of the Aspen Area Community Plan and protecting the public health,
welfare, and safety; and,
WHEREAS, City Council reviewed and considered the recommendation of the
Community Development Director and comments from members of the public; and,
WHEREAS, the City Council finds that the amendments, as hereinafter described,
meet or exceed all applicable standards and that the approval is consistent with the goals
and elements of the Aspen Area C°rmnunity Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare and should be adopted as an emergency
Ordinance pursuant to Section 4. I 1 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY cOuNCIL OF THE cITy
OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.104.100 of the MuniCiphi COde Of the city bfAspen, Colorado, which section
defines terms used in Title 26 of the City ofAspen Municipal Code, the Land Use Code,
shall hereby be amended by defining the term "demolition" as follows:
Demolition. To raze, disassemble, tear down, or destroy forty percent (40%) or more of
an existing structure as measured by above-grade exterior wall assembly and the
components necessary for structural integrity, including wall and roof area and associated
structure and including doors and windows; also, the removal of a dwelling unit in a
Ordinance No.'~, Series of 2002
Page 1
multi-family or mixed'use building, or its c0nver~ion to non-residential use. (See,
Chapter 26.530, Residential Multi-Family Replacement Program.)
Sectign 2:
Section 26.530 of the Municipal Code of the City of Aspen, Colorado, which
Section defines, describes, and regulates the demolition of multi-family housing
and requires a certain number of the units housing local working residents be
rebuilt on the property and deed restricted to affordable housing, shall read as
follows:
Chapter 26.530
RESIDENT MULTI'FAMILY REPLACEMENT PROGRAM
Sections:
26.530.010 Purpose and intent.
26.530.020 Application of Title.
26.530.030 Certificate of compliance/exemption.
26.530.040 Housing replacement requirements.
26.530.050 Resale restrictionS'
26.530.060 Enforcement.
26.530.070 Appeals
26.530.010 Purpose and Intent.
The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing
types, including those which are affordable by its working residents. However, because of
Aspen's attractiveness as a resort enviromnent, and because of the physical constraints of
the upper Roaring Fork Valley, there is constant pressure for the redevelopment of
dwellings which currently provide 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 plamfing 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 amd prevent exclusion of
working residents from the city's neighborhoods.
In the Aspen Area Community Plan the city has established a goal that affordable housing
for working residents be provided by both the public and private sectors. The city,
Ordinance No. ~ Series of 2002
Page 2
through its housing designee, has provided affordable housing both within and adjacent to
the city limits. The private sector has also provided affordable housing through the
GMQS process. 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 Aspen's
tourist based economy, the city has found it necessary, in concert with other regulations,
to adopt limitations on the demolition 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.
26.530.020 Application of Chapter.
This Chapter shall apply to the demolition of any resident multi-family housing ("RMF
housing"), as defined herein, in the City Of Aspen, excluding any parcel consolidated as a
Specially Planned Area (SPA).
For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any
development action which constitutes Demolition, as defined, and also any action which
increases or decreases the net livable square footage of a RMF Housing Unit, any action
which increases the floor to ceiling interior height of a RMF Housing Unit, any action
which converts a RMF Unit to a non-residential use, or any action which penetrates
demising walls or floors between RMF Housing Units, independent of whether or not
such action is undertaken to combine or rebuild the units or for any other purpose.
No owner shall cause the demolition of any RMF housing unit without first obtaining a
certificate of compliance or a certificate of exemption in accordance with the provisions
of this Chapter. The Community Development Department shall not issue a permit for the
demolition of any multi-family dwelling unit unless the owner has obtained either a
certificate of compliance or a certificate of exemption issued in accordance with this
Chapter. A certificate of compliance or a certificate of exemption shall only be issued by
the Community Development Director if the applicant has complied with the provisions
of this Chapter.
Any RMF housing unit which is ordered to be demolished by any public agency,
including the city, as a result of damage caused by civil commotion or natural disaster
shall not be subject to the terms of this Chapter. This Chapter shall not apply to the
demolition of any RMF housing unit owned by the City of Aspen, the AsperffPitkin
County Housing Authority, or any public development authority. The City Council, at
their discretion, may exempt non-profit agencies or organizations from the provisions of
this Chapter.
26.530.030 Certificate of compliance/exemption.
Any applicant, prior to applying for a building permit from the Community Development
Department for the purpose of demolishing any multi-family dwelling unit, must first
Ordinance No.4_0_, Series of 2002
Page 3
obtain a certificate of compliance or a certificate of eXemption from the requirements of
this Chapter.
A. Certificate of compliance. In order to obtain a certificate of compliance, the
owner shall:
1. Submit to the Community Development Director a statement, certified by
the City of Aspen Zoning Officer, declaring the number of RMF housing units,
bedrooms, and the net residential area to be affected by demolition.
2. Where required, secure necessary land use approvals and development
orders for the project to be developed on the site of the demolished building or on
such other location as may be approved.
3. Execute a housing replacement agreement with the City of Aspen setting
forth the terms and conditions upon which replacement housing shall be provided
and sold, which agreement shall be in a form acceptable to the City Attorney. The
agreement shall burden the property and be recorded in the records of the Clerk
and Recorder of Pitkin County. The obligation to provide replacement housing as
set forth in the agreement shall be secured by a bond, letter of credit, or other
security acceptable to the city.
B. Certificate of exemption. In order to obtain a certificate of exemption, the owner
must submit a statement certifying that the dwelling unit(s) is exempt from the provisions
of this Section, the basis upon which exemption is claimed, and such additional
documentation as may be required by the Community Development Director in order to
establish the exemption. If the Community Development Director is satisfied that the
dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall
be issued.
C. Procedure. A Certificate of Compliance or Certificate of Exemption shall be
obtained prior to the submission of a building permit.
D. Form of Certificate. A Certificate of Compliance or Exemption shall be in a
form approved by the Community Development Director. The Certificate shall constitute
a Development Order issued pursuant to Section 26.304.070, Development Orders.
26.530.040 Housing replacemen* requirements.
A. Minimum replacement requirement. In the event of the demolition of free-
market resident multi-family housing, the owner shall be required to construct
replacement housing consisting of no less than fifty (50) percent of the square
footage of net residential area demolished. The replacement housing shall be
configured in such a way as to replace fifty (50) percent of the units and fifty (50)
percent of the bedrooms affected by demolition. A minimum of fifty (50) percent
Ordinance No. ~, Series of 2002
Page 4
of the replacement housing shall be above natural grade. The replacement housing
shall be deed restricted as affordable housing in accordance with the requirements
of section 26.530.050, below.
In the event of the demolition of resident mUlti'familY housing deed restricted as
affordable housing, the owner shall be required to construct replacement housing
consisting of no less than one-hundred (100) percent of the square footage of net
residential area demolished. The replacement housing shall be configured in such
a way as to replace one-hundred (100) percent of the units and one-hundred (100)
percent of the bedrooms affected by demolition. A minimum of fifty (50) percent
of the replacement housing shall be above natural grade. The replacement housing
shall be deed restricted as affordable housing in accordance with the requirements
of section 26.530.050, ReSale Restrictions (beloW),
B. Location of replacement housing. Multi-family replacement units shall be
developed on the same site on which demolition has occurred, unless the owner
shall demonstrate that replacement of the units on-site would be incompatible
with adopted neighborhood plans or would be an inappropriate planning 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
City Council determines that the si~e Can accommodate and may replace the
remaining units off-site, within the AsPen Urban Growth Boundary. When the
owner's housing replacement requirements involves a fraction of a unit, cash in
lieu may be provided to meet the fractional requirement only. The amount of a
cash-in-lieu shall be determined by the Aspen/Pitkin County Housing Authority
according to the applicable Affordable Housing Guidelines.
C. Timing and quality of replacement units. Replacement units shall be available
for occupancy at the same time as the new unit or units, regardless of whether the
replacement units are built on-site or off-site, and shall contain fixtures, finish and
amenities required by the Affordable Housing Guidelines of the AsperffPitkin
County Housing Authority. When replacement units are proposed to be built off-
site, the owner shall be required to obtain a development order approving the off-
site development prior to or in conjunction with obtaining a development order
approving redevelopment On the site on which demolition is proposed to take
place.
D. Growth Management Replacement Credits. The existing number of free-market
residential units, prior to demolition, may be replaced on the same parcel, exempt
from growth management. Free-market residential units in excess of those
originally on the parcel shall be subject to growth management, Section 26.470.
The affordable residential units required to be replaced shall be exempt from
growth management, provided the units conform to the requirements of this
Chapter.
Ordinance No.Z/~, Series of 2002
Page 5
The free-market replacement credits may only be used on the same parcel in
which the demolition occurs. If the subject parcel is part ora multi-parcel PUD,
the free-market replacement credits may be approved, pursuant to Section 26.445,
Planned Unit Development, to be developed on another parcel within the PUD.
The free-market units developed off-site Shall not to exceed the number of
replacement affordable housing units provided in excess of the minimum
requirements.
26.530.050 Resale Restrictions.
Replacement units shall be "for2sale units" and shall be deed restricted in a form and
substance consistent with the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority. Such deed restricted units may only be sold in
compliance with the current Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority. Rental units shall not be allowed. The owner
may be entitled to select purchasers, subject to the aforementioned qualifications, with
approval from the Aspen/Pitkin County Housing Authority.
26.530.060 Enforcement.
Any person who violates any provision of this Chapter including violation of any
provision of a deed restriction executed for the benefit of the City of Aspen or the city's
housing designee in compliance with this Chapter shall be liable to the criminal and/or
civil penalties and remedies set forth at Section 26.104.040.
26.530.070 Appeals.
An applicant aggrieved by a decision of the Community Development Director in the
administration of this Section may appeal such decision to the Aspen City Council in
accordance with the appeal procedures set forth at Chapter 26.316.
Section 3:
The City Council hereby finds that an emergency exists consistent with Section 4.11
of the City Charter in that the adoption of this ordinance as an emergency ordinance
is necessary to preserve the health, peace or safety of the public. Accordingly this
ordinance shall become effective immediately.
Section 4:
This Ordinance shall not affect any exist'mg 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 5:
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.
Ordinance No.4~, Series of 2002
Page 6
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND APPROVED ON FIRST READING AS AN
EMERGENCY ORDINANCE by the city C0~¢ii of th6 city b~ Aspen Oh the l ith day of
November, 2002.
FINALLY. adopted, passed and approved as an emergency ordinance this 12th day of
November. 2002.
lerk "--
Approved as to form:
Ordinance No. ~ Series of 2002
Page 7