HomeMy WebLinkAboutordinance.council.018-00 ORDINANCE NO. 18
(SE~ES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
TO AMEND THE AFFORDABLE HOUSING PROVISIONS OF THE GROWTH
MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE.
WHEREAS, the Planning Director of the Community Development Department
proposed amendments to the Affordable Housing provisions of the Growth Management
Quota System of the Land Use Code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Section 26.470 the Land Use Code
of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26
of the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the existing and proposed Land Use Code amendments on February 29, 2000,
continued the public hearing to April 25, 2000, took and considered public testimony and the
recommendation of the Planning Director and recommended, by a five to one (5-1) vote
(with one abstention), City Council adopt the proposed amendment to Section 26.470 of the
Land Use Code as described in Resolution 00-18 (not as described herein); and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of the
public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the text amendments to Section 26.470 of the
Land Use Code of the Aspen Municipal Code, as described herein, meets or exceeds all
applicable standards and that the approval is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Ordinance No. 18, Series of 2000.
Page No. 1
Section 1:
Section 26.470.050 of the Land Use Code, Annual Development Allotments -Residential and
Tourist Accommodations, which section determines the number of development allotment
available each year according to land use category is hereby amended to read as follows:
26.470. 050 Annual Development Allotments -Residential and Tourist Accommodations
The residential and tourist accommodations growth management quota system's
method of establishing annual development allotments has been designed to be as
fair and flexible as possible. It establishes pools of development allotments that are
available for use by Aspen Metro Area exempt and non-exempt projects during one-
year periods, running from June 1 to May 31. The system allows allotments to be
"borrowed" from future years if necessary to accommodate very high-quality
projects. Category Affordable Housing is not subject to an annual development
allotment pool and shall only be subject to the Development Ceiling Level, pursuant
to Section 26.470.030(C). As a result of the flexibility that has been built into the
allotment system, the number of allotments available during any one year may vary.
A. Establishment of Base Allotment Pool
1. Base allotment pool. The base annual allotment pool corresponds to the
desired annual growth rate for the Aspen Metro Area. It is established solely for the
purposes of measuring changes in actual allotment levels and for calculating the
maximum number of allotments available each year, pursuant to Section
26.470.040(A)(3). The following base annual allotment levels are hereby established
for the entire Aspen Metro Area:
Development Type Base Allotments
Tourist Accommodations 11 units
Free Market Residential 4 units
Free Market Residential, AH Associated 8 units
Resident Occupied 8 units
Category Affordable Housing N/A. Subject only to
Development Ceiling
Level of Section
26.470.030(C)
Lodge Preservation (LP) Tourist Accommodations 11 units
B. Establishment of Reserve Allotment Pool
(No changes to entire sub-section.)
C. Establishment of Maximum Allotment Pool
The maximum number of allotments available within a single year will vary based on
at least two factors: (1) the number of allotments granted in previous years, and (2) whether
the City Council authorizes the use of optional multi-year allotments pursuant to Section
Ordinance No. 18, Series of 2000.
Page No. 2
26.470.050(A)(4). This Section establishes the method by which the maximum annual
allotment pools for residential and tourist accommodations development shall be calculated.
1. Standard maximum allotment pool formula. No later than June 1 of each
year, the Community Development Director shall calculate the number of
development allotments available during the upcoming year using the. following
formulas:
a) For Category Affordable Housing:
Standard Maximum Allotment Pool -- Ceiling - Used Allotments
Where:
Ceiling -- Metro Area Ceiling
Used Allotments = allotments granted from preceding years.
b) For all other Development Types:
Standard Maximum Allotment Pool = B + A
Where:
B -- base allotment
A -- accumulated allotment deficit/surplus (from
preceding years; as compared to base
allotment)
*In no case shall fewer than the reserve allotment pool be available
D. Optional Multi- Year Allotments for "Exceptional" Pro}ects.
1. Optional (multi-year) maximum allotment pool formula. The following
formula shall be used by the Community Development Director to calculate the
number of allotments available for "exceptional" projects ISee Section
26.470.050(A)(4)) that include free market units. The number of allotments available
in the optional (multi-year) pool shall be calculated no later than June 1 of each year.
Optional {Multi-Year) Maximum Allotment, POol = (5~B/),(4xR)+A
Where:
'B = base allotment
R ~- reserve allotment'
A = acCumulated, allotment deficit[.sUrplm (from
precedii~g Years;',as compared to base allotment)
2. Optional (multi-year) one hundred (100) percent Resident Occupied housing
allotment pool formula. The following formula shall be used by the Community
Development Director to calculate the number of allotments available for
"exceptional" projects (See Section 26.470.050(A)(4)) ~hat are totally comprised (one
hundred (100) percent) of Resident Occupied housing up m a cumulative ceiling of
one hundred (100) RO units. The number of allotments available in the optional
(multi-year) one hundred (100) percent affordable housing allotment pool shall be
calculated no later than June 1 of each year.
Ordinance No. 18, Series of 2000.
Page No. 3
opfipnai '(Mu!ti:Yeai') 1'00%. Resi/Ieng Occupied.,Hou~ing:Allotment Pool
.. ', '. '....
Whir6:'. B = base.allotment
R = resetwe allotment
A = accmnulated all0nnent deficit/surl~lus .(from
pre..c, ediiig years; as compared to' base
allotment)
Section 2:
Section 26.470.080, Growth Management Exemption Procedures, which section defines the
manner in which affordable housing exemptions are reviewed and awarded is hereby
amended to read as follows:
26.470.080(C)
City Council Review. An application for a lot split shall not be reviewed by the
Growth Management Commission, but instead shall be forwarded directly to the City
Council for consideration. Other than an application for a lot split, an application for
review by City Council requires a two step process. Exemption requests for essential
public facilities or for accessory uses in a mixed-use development shall require
review by the Growth Management Commission and final review by the City
Council. Exemption requests for affordable housing or for free market residential
AH associated developments shall require review by the Aspen/Pitkin County
Housing Authority Board and final review by the City Council. When two steps are
required, the following procedures must be adhered to:
Step One - After the Community Development Director has determined that the
application for exemption is complete, the application shall be forwarded to the
Board/Commission specified above (in the preceding paragraph). Review by the
Housing Authority shall be administered by the Executive Director of the Authority
and shall be referred to the Executive Board as necessary. Review by the Growth
Management Commission requires a public hearing for which notice has been
published (See Section 26.304.060(E)). The Commission shall by resolution
recommend to the City Council approval, approval with conditions, or disapproval of
the application.
Step two - A public hearing before City Council. Notice of the hearing shall be by
publication (See Section 26.304.060(E)). The City Council, following a public
hearing, shall by ordinance approve, approve with conditions, or disapprove the
application. In the event that there are insufficient allotments available to
accommodate all applications for exempt development, a random drawing shall be
held in accordance with the standards of Section 26.470.080(B)(4).
Ordinance No. 18, Series of 2000.
Page No. 4
Section 3:
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 4:
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 5:
A public hearing on the Ordinance shall be held on the 12th day of June, 2000, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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 this 22nd day of May, 2000.
Attest:
:.K~.thryn S.~.h, City Clerk I E. 'c ar s,
FINALLy, adopted, passed and approved this /,~ day o~ 2000.
AR6St,:,
Appr0;ce~ asr0 form:
C:\home\CHRISB\CASES\Iand use code\GMQS_Ord.doc
Ordinance No. 18, Series of 2000.
Page No. 5