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HomeMy WebLinkAboutordinance.council.003-79RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE REVISING SECTION 24, ARTICLE X OF THE ASPEN MUNICIPAL CODE PROVIDING FOR THE GROWTH MANAGEMENT QUOTA SYSTEM BY AMENDING SECTIONS 24-10.2, 24-10.4(b)(3), 24-10.4(b)(4), 24-10.4(e), and 24-10.10, AND BY THE ADDITION OF SECTION 24-10.4(b)(5) WHEREAS, the City Council of the City of Aspen, Colorado, desires to revise that section of the Municipal Code providing for the Growth Management Quota System for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section i That Section 24-10.2 shall be repealed and reenacted to read as follows: Section 24-10.2. Exceptions. The following development activity shall be exempted from complying with the allotment procedures herein- after provided for: (a) The remodeling, restoration or reconstruction of any existing building (provided there is no expansion of commercial floor area nor creation of additional dwelling units); (b) The enlargement of, or change of use in, a structure which has received individual historic designation; (c) The construction of one single-family or duplex structure on townsite lots or lot subdivided prior to the effective date of this article; (d) The construction of one single-family residence on a lot subdivided after the effective date of this article where the following conditions are met: (1) The tract of land which was subdivided had a pre-existing dwelling. (2) No more than two (2) lots were created by the subdivision; (e) All construction of essential governmental projects other than housing; (f) All constr~ction pursuant to valid building permits issued prior to the effective date of this article; RECORD OF PROCEEDINGS (g) All employee housing units constructed in the commercial, office, and lodge districts pursuant to the density bonus provisions of this Code provided the housing units are constructed and deed restricted in accordance with the provisions of Section 24-10.4 (b)(3); (h) Ail housing units constructed pursuant to Section 24-10.10 subject to the special approval of the City Council upon the recommen- dation of the Planning & Zoning Commission which approval shall include a determination of community need considering, but not limited to, the number of units to be constructed, the type of units, and the rental/sale mix of the development; and (i) All development not limited by the provisions of Section 24-10.1; provided that the building inspector shall, as required by Section 24-10.3, annually report the amount of residential, commercial, office and lodge construction exempted by reason of Section 24-10.2(b), (c) and (d) within the previous year and these totals shall be deducted from the quota of allowable development in succeeding years. When reporting exempted construction pursuant to subsection (b), the inspector shall calculate only the additional commercial floor area or dwelling units resulting from such construction. Section 2 That Section 24-10.4(b)(3) shall be repealed and reenacted to read as follows: (3) Provision for Low, ~oderate and Middle Income Housing (maximum 40 points). (aa) The Commission shall assign points to each applicant who agrees to deed restrict all or a portion of his development for a period of 50 years to rental and sale price terms within Housing Price Guidelines established by the City Council and to occupancy limita- tions within Housing Income-Eligibility Guidelines established by the City Council. (bb) Points shall be assigned according to the following schedule: 2 points for each 5% of the total development that is restricted to low income price guidelines and low income occupancy limita- tions; 2 points for each 10% of the total develop- ment that is restricted to moderate income price guidelines and moderate income occupancy limitations; 2 points for each 15% of the total develop- ment that is restricted to middle income price guidelines and middle income occupancy limitations. -2- RECORD OF PROCEEDINGS For the purposes of this section, 1% of the total development shall mean 1% of the total floor area and 1% of the total number of bedrooms within the development. For the purposes of this section, a studio shall be considered a 3/4 bedroom. (cc) To be eligible for points within the provisions of this section, the low, moderate and middle income housing units must comply with the following size limitations or be restricted to rental and sale price terms no greater than that allowable had the housing units complied with the following size limitations: Unit Minimum Square Footage Maximum Square Footage Studio 400 600 One Bedroom 600 800 Two Bedroom 750 1,©00 Three Bedrooms or Larger 950 1,400 (dd) When an applicant agrees to restrict only a portion of his development to low, moderate or middle income housing and the portion restricted is located adjacent to an unrestricted portion, to be eligible for points within the provisions of this section the adjacent portions of the development shall be constructed of the same exterior building materials with a compatable exterior architectural style. (ee) The deed restrictions created above may be removed or amended by agreement between the property owner(s) and the City Council upon the recommendation of the Planning and Zoning Commission. No legal action shall lie to compel the City Council to agree to such removal. Section 3 That Section 24-10.4(b)(4) shall be repealed and reenacted to read as follows: (4) Provision for unique financing (maximum l0 points). (aa) The Commission shall assign points to each applicant who agrees to sell under a unique financing program all or a portion of his development to qualified individuals as established by the City Council within Housing Income-Eligibility Guidelines. (bb) Points shall be assigned according to the following schedule: -3- RECORD OF PROCEEDINGS 95% Applicant Financing Unit Point(s) Studio One Bedroom Two Bedroom or Larger 1/2 1 1 1/2 100% Applicant Financin9 Unit Point(s) Studio One Bedroom Two Bedroom or Larger 1 2 3 (cc) To be eligible for points within the provisions of this section, the mortgage offered by the applicant must be freely assumable, for a term of 30 years or more, at an interest rate equal to the current rate of the Federal Home Loan Mortgage Corporation as determined on the date of preliminary plat submission or final plat approval whichever is greater, with no closing points and no prepayment penalty. SectiOn 4 That a new Section 24-10.4(b) (5) be added to the Aspen Municipal Code: (5) The commission may, when it shall determine that a project has incorporated the criteria of Section 24-10.4(b) (1), (2) and (3) and achieved an outstanding overall design meriting recognition, award additional points not exceeding twenty (20) per cent of the total points awarded under Section 24-10.4(b) (1), (2) and (3). Section 5 That Section 24-10.10 shall be repealed and reenacted to read as follows: Section 24-10.10. Employee housing. Low, moderate and middle income housing units approved under the provisions of Section 24-10.4(b) (3) shall be allowed in addition to those housing units authorized by Section 24-10.1(a) above. Section 6 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. -4- RECORD OF PROCEEDIHG$ Section 7 A public hearing shall be held on this ordinance on \~(~ /2 , 197, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once 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, its regular meeting held at the City of Aspen on day of ~ ~2/~t~ Colorado, at the ~v}zS~L9 ATTEST: Kathryn ~/ Koch City Clerk FINALLY adopted, ATTEST: Stac~ St~ncTley III .~ / Mayor / / / passed and approved on the /~day of ~T~rYc~e~~Och RECORD OF PROCEEDINGS STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ // reading at a regular meeting of the City C~ouncil of the City of Aspen on ~~ ~, 197_~, and published in the Aspen Times a weekly newspaper of general circul- trion, published in the City of Aspen, Colorado, in its issue of ~~ /~___, 197~,__ and was finally adopted and approv~d at a regu~lar meeting of the City Council on ~~.~ /~ _/ 197_~, and ordered published as Ordinance No. ~ , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, Ti have hereunto set my han_d~a~d the seal of said City of Aspen, Colorado, this ~.._)C~ day of~_~. , 197~. Kathyrn S/ Koch, City Clerk y cit