HomeMy WebLinkAboutbocc.packet.spec.12102003WEDNESDAY, DECEMBER I0, 2003
1:00 PM SPECIAL MEETING
Code Amendments, AH/AH-3, 2nd Reading (PN 11/22/03), L. Clarke
Executive Session
2:00 PM ADJOURN SPECIAL MEETING
MEMORANDUM
TO: Board of County Commissioners
· c~
THROUGH: C~ndy Houb~n,~r~mmunity Development Director
FROM: Lance Clark-7(ee,~Assistant Director
SUBJECT: Proposed Amendments to Land Use Code - AH, AH-3 PUD Zone
Districts, 2"° Reading
DATE: December 10, 2003
REQUEST: Consideration of Land Use Code Amendments related to use of AH and
AH-3 PUD zone districts.
' APPLICANT: Community Development Department
APPLICANT'S REPRESENTATIVE: Lance Clarke
PROCEDURE/PROCESS: This is a Two-Step Review; requiring a recommendation
from the Planning and Zoning Commission and a public hearing before the Board of
County Commissioners.
BACKGROUND/DESCRIPTION OF PROPOSAL: Staff has been directed by the
BOCC to prepare code amendmems to preclude the use of the AH and AH-3 PUD zone
districts outside of adopted Urban Growth Boundaries (UGB). The BOCC expressed
concern that the densities allowed in these districts are generally incompatible with the
rural areas and that the 70% affordable housing component required in the AH-3 district
often does not provide sufficient tradeoff for the impact of the 30% allowed free-market
component, particularly outside the urban service areas.
The Code amendments would be effectuated by changing the intent sections of each
district to make it clear their use outside established UGBs is prohibited.
BACKGROUND OF ACTION: This proposal was first presented to the P&Z on May
6, 2003. It was tabled at that time. It was then discussed at a joint P&Z/BOCC work
session on July 22, 2003, where the BOCC explained their draft policy thinking on the
location of affordable housing. It was agreed the proposal would be put before the P&Z
again for a recommendation to the BOCC.
PLANNING & ZONING ACTION: The P&Z considered the proposed amendments
on November 11, 2003. Commissioners Howard, Augello, Martin, Thomas voted to
recommend that the amendments not be adopted. The P&Z did not want to preclude the
potential of developing affordable housing outside of Urban Groxvth Boundaries. These
P&Z members were particularly concerned about the future of affordable housing ~n the
light of what appears ro be a City reluctance to pursue Burlingame.
BOCC ACTION: The BOCC adopted the proposed amendments at 1s~ Reading and
Public Hearing on December 3. 2003.
RECOMMENDATION: Staff recommends that the BOCC approve a motion adopting
on 2''d Reading the proposed Land Use Code amendments as presented.
Attachment:
1. Draft Code Amendments
2. BOCC Work-Session Memo
3. BOCC April 15 Work Session Minutes
4. BOCC/P&Z July 22 Work Session Minutes
5 BOCC Draft Citizen Housing Policy
lancecmzcodeamAH3memo2b¢c2.doc
JEANETTE TO ADD THE PUBLIC NOTICE LANGUAGE - THIS IS THE 10 DAY NOTICE FOR
PUBLIC MEETING BOCC 12/3/03 AT PLAZA ONE 2:00 PM
GIVE TO JEANETTE ON 11/13/03- PUBLICATION 11/22/03
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, REPEALING AND REENACTING SECTIONS 3-40-070 AND 3-40-072
OF THE PITKIN COUNTY LAND USE CODE, AH AFFORDABLE HOUSING AND
AH~3 AFFORDABLE HOUSING/PLANNED UNIT DEVELOPMENT ZONE DISTRICTS
ORDINANCE NO. -2003
RECITALS
1. The C°mmunity Development Department is proposing to mnend the Land Use Code pr0visions
regarding the AH and AH-3 Planned Unit Development zone districts to clarify that their use and
application is limited to areas within the Aspen Area Community Plan Urban Growth Boundary and other
established Urban Growth Boundary areas adopted by municipalities in Pitkin County.
2. The Pitkin Couuty Planning and Zoning Commission considered the proposed code amendments at a
regularly scheduled meeting on November .11, 2003, and recommended denial by a vote of 4-0.
3. The BOCC considered the proposed code amendments at a duly noticed public hearing on first reading
on December 3, 2003, al~d voted to approve the proposed mnendments by a vote of 3-0 and to set second
reading on December 10, 2003.
4. Tbe BOCC finds that the proposed code amendments are consistent with the applicable pro~:isions of the
Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title II of the
Pitkin County Code, the Land Use Code, as follows in Attachment A.
NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 22nd dav of November,
2003. ~
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 3rd day of December, 2003.
APPROVED AND ADOPTED AFTER SECOND READING on the 10th day of December, 2003.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the day of ,2003.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No. -2003
Page 2
BOARD OF COUNTY COM2VIISSIONERS
OF PITKIN CouNTy, COLORADO
ATTEST:
Jem~ette Jones, CLerk to the BOCC
By
Jack Hatfield, Chairman
Date
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
John Ely, Cmmty Attorney
Cindy Houben,
Community Development Director
lm~cec/cases/ah-ah3notice ord.doc
ATTACHMENT A
3-40-070
AH Affordable Housing
Intent: the AH, Affordable Housing, district is intended to provide land for the production of
Categor~ income and price restricted housing. The district may only be applied within the Aspen
Area Communit3 Plan Urban Growth Boundary and other established Urban Growth Boundary
areas adopted by municipalities in Pitkin County.
Allowed Uses: The following uses are allowed as of right in the Affordable Housing (AH) Zone
District:
1.
2.
3
4.
5.
6.
7.
8.
9.
10.
Accessory buildings and uses.
Bus stop.
Crop production.
Day care centers.
Home occupations.
Mobile homes.
Parks, playground, playing fields
Category deed restricted single-family dwelling units.
Solar energy collectors (private use).
Trails.
Special Review Uses: The following uses are subject to special riview:
Churches.
2. Community health facilities
3 Dormitory housing.
4 Duplex dwelling units.
5. Farm buildings.
6. Multi-family dwelling units.
7. Nursing, convalescent, rest. and retirement homes.
8. Personal servme outlets: food stores, drug stores, post office substation, self-service
lanndries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty
(80) square feet or gross Ieasable space per dwelling unit in the district.
9. Manufactured home.
10. Satellite reception devices.
Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone District:
Uses nm listed
Dimensional Requirements: The following dimensional requirements shall apply to all permitted
and special review uses in the Affordable Housing (AH) Zone District:
1. Minimum lot area: six thousand (6,000) square feet.
2. Minimum lot area prmcipal use is dependent upon the type of affordable housing:
a. Single-family dwelling (SFD): three thousand (3,000) square feet.
b. Duplex (DUP): three thousand (3.000) square feet.
c. Multi-family studio (MF-ST): one thousand (1,000~ square feet.
d. Multi-family one bedroom: one thousand two hundred filSy (1,2513 ~ square feet.
e. Multi-family two-bedroom: v,vo thousand (2,000) square feet.
£ Multi-famil3 three-bedroom: three thousand (3.000) square feet.
3. Minimum usable open space per dwelling unit: one thousand two hundred ~ 1.200) square
feet.
4. Minimum from yard setback: See Figure 3-1
Ordinance No. __-2002
Attachment A - Page 2
3-40-072
A.
6.
7.
8.
9.
Minimum side yard setback: See Figure 3-1.
Minimum rear yard setback: See Figure 3-1.
Minimum lot width: thirty feet (30').
Maximum height principal structure: twenty-eight feet (28').
Maximmn height accessory structure: twenty feet (20').
Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part))
AH3/PUD Affordable Housing/Planned Unit Development
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 affordable housing and resident occupied units (as defmed
bythe Housing Authority Guidelines of the Aspen/Pitkin County Housing Authority) only within
the Aspen Area Community Plan Urban Growth Boundary or adopted Urban Growth Boundaries
of other municipalities within Pitkin County. Lands hr the Affordable Housing (AH 3/PUD) Zone
District should be located within walking distance on transit routes, and on pedestrian and bicycle
trails.
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 eustomarily 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.
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 affordable housing guidelines 'and resident
occupied units( as defined by the Housing Authority Guidelines of the Aspen/Pitkin County
Housing Authority).
3.
4.
5.
6.
7.
8.
9.
Accessory buildings and uses.
Bus stop and/or transit facilities.
Crop production.
Day care centers.
Home occupations.
Parks, playground, playing fields.
Solar energy collectors (private use).
Trails.
Special Review Uses: The following uses are subject to special review:
I. Churches.
3. Community health facilities.
4. · Dormitory housing.
6. Farm buildings.
7. Mobile homes.
8. Nursing, convalescent, rest, and retirement homes.
9. Commercial uses accessory to the housing development.
10. Prefabricated homes not requiring building code exceptions
11. Satellite reception devices.
12 Single-family dwelling units with a potential or up to, but not exceeding fifteen thousand
(15,000) square feet of floor area.
13 Single-family dwelling units with more than fifteen thousand (15,000) square feet of floor
area (transferable development rights are required to exceed fifteen thousand (15,000)
square feet of floor area).
14. Transferable development rigJats (TDRs).
Ordinance No. -2002
Attachment A - Page 3
15. Water crossing and diversion.
Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH3/PUD) Zone
District:
I. Uses not listed.
Dimensional Requirements: The following dimensional requirements shall apply to all permitted
and special review uses in the Affordable Housing (AH 3/PUD) Zone District:
I. Minimum lot size (square feet): six thousand (6,000).
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: six thousand (6,000).
b. Duplex: three thousand five hundred (3,500)/unit.
c. For multi-family dwellings:
I) Studio: one thousand (1,000).
2) One bedroom: one thousand two hundred fifty (1,250).
3) Two-bedroom: two thousand (2,000).
4) Three-bedroom: three thousand (3,000).
d. Units with more than three (3) bedrooms: One bedroom per four hundred (400)
square feet of lot area.
3. Minimum open space requirement per dwelling unit: One thousand two hundred (1,200)
square feet.
4. 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:
To be determined during PUD review, based upon the criteria in Section 3-170 including
but not limited to neigjaborhood compatibility and adjacent zone district regulations.
5. 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 eighty-five (85%) of the allowed floor area. Up
to one hundred percent (100%) of the floor area may be permitted by special review,
pursuant to Section 3-20.
Lot Size Allowable Square Feet
0 - 15,000 square feet I.I:1
15,001 - 25,000 square feet
251001 - 43,560 square feet
>1 acre - 3 acres .6:1
>3 acres - 6 acres .36:1
>6 acres .3:1
I:1
.8:1
F. Off-Street Parking Requirement: Parking standards in the AH3/PUD zone shall be consistent with
the provisions of Subsection 3-110-080, except for residential uses which shall be established by
special review pursuant to Section 3-120. The maximum number of parking spaces required shall
not exceed one space/bedroom for free market units. Parking spaces shall not exceed one
space/bedroom or two (2) spaces/dwelling unit, whichever is less for the deed restricted units
(category ofresidant occupied units). (Ord. 99-36 Att. B (part)).
Iancec/cases/ah_ah3 codeamend.do6
3-40-070 AH Affordable Housing
A. Intern: The AH, Affordable Housing, district is intended to provide land
for the production of-of Category -L.gr.3.~-ang.4 income and price restricted housing of 41.1
typ~s. T-he~- dior4 c4dar4~vid~ ~f-ford ab i e- hou's'[~gq~PP ° mmiti~s4f°r~P ~r4n an~hd~ ~
P41k/~n a comfo~table, he~x4~-sa£e location ~&eAtere~from incempatiJsle
and~l.i, sml~i:ve_ac4iv~t_~s;_The districL~..a..y_2~z..b_e app!_i.ed wi_'_t_h_i_n_.t_h_e ..A_s.12~_n___AI~.X~
Community Plan Urban Growth Boundary and other established Urban Growth Boundary
areas adopted by municipalities in Pitkin County. ~ee<! not-be locate- d in prex/mks~t~
incoppomte~tq~wunincorpomted~vn~bu~-shou!d be !ocm~ in ~as wkk mi~m~
B. Allowed Uses: The following uses ~e allowed as of right in the
Affordable Housing (AH) Zone District:
1. Accessory buildings ~d uses.
2. Bus stop.
3. Crop production.
4. Day c~e cemers.
5. Home occupations.
6 Mobile homes.
7. P~ks, playground, playing fields.
8. Cmegow -1, 2, 5 or 4 deed res~icted single-fmily dwelling units.
9. Solar ener~ collectors private use L
10. Trails.
C. Special Review Uses: The following uses m'e subject to special review:
4~
2-, ~take~-g~elling..-uni~s,
4,.1 Ch~ches.
~, Club ho~~t~uildings used in cor~nectien ~h and
6~. Commm~ity health facilities.
73_. Dormitory housing.
8~ Duplex dwelling units.
9,. gm~iag uni~s~
4~).~. Farm buildings.
-tgi. Multi-family dwelling units.
~37. Nursing, convalescent, rest, and retirement homes.
44,. Omdoor re~t4o~almses,
4-5_8. Personal service outlets: food stores, drug stores, post office substation,
self-service laundries, dry cleaning outlets and liquor stores; the total space shall be
limited to eighty (80) square feet or gross leasable space per dwelling unit in the district.
Manufactured home.
Satellite reception devices.
. I,% 8v~vag~4tisposal a~*asZlandfil4s~vaterfl3tents.
gO,- L¢s~s, activk4es and facilifies~pe.,--mi~ed by p ....... v .......... ae~1~
~ .....g~nc]eo.
................ -24.; ............. W~.4mssi4~g.-.a~d- d/-ve~smm
D. Prohibited Uses: The following uses are prohibited in the Affordable
Housing (AH) Zone District:
3~- Am~somemt an ~Le nte r t~/Pmaem~e~stab!4 s !-~me. mt~.
/d
AaJaaatq~d~,ion and-lmsbm~dry se, cAc~s,~herXa~,'xn
7. -C~~-~o&s~fi~e ~d sales.
8~
......... -9, ......... ~mm~¢i.at4~.~smb¢~
..... 40=__~ipm~-supph~s-m~d~mmctio ~r-~b c o n~
kl. Essenti~~ public ufi!~s, hcilities ~d serv~
15 ..... p~
....... ~= ....
19. M~l~lora~= concr~
d~4~O)
2~. ~io trim,tinE
2.
housing:
a.
b.
C.
d.
feet.
f
3.
~earch:fa ..... :cs, indoors.
29.
.............. 30,- ......... iZ~$tau~am-s-o~ad .-ba~ s=
32=] Uses not listed.
3~. X~hicle-and ~r~_gsa~rvi~
E. Dimensional Requirements: The following dimensional requirements shall
apply to ail permitted and special review uses in the Affordable Housing (AH~ Zone
District:
Minimum lot area: six thousand (6,000) square feet.
Minimum lot area principal use is dependent upon the type of affordable
Single-family dwelling (SFD): three thousand (3,000) square feet.
Duplex (DUP~: three thousand (3,000) square feet.
Multi-family studio (MF-ST): one thousand (1,000) square feet.
Multi-family one bedroom: one thousand two hundred fifty (1,250) square
Multi-family two-bedroom: two thousand (2,000) square feet.
Multi-family three-bedroom: three thousand (3,000) square feet
Minimum usable open space per dwelling unit: one thousand two hundred
(I,200) square feet.
5.
6.
7.
Minimum front yard setback: See Figure 3-1.
Minimum side yard setback: See Figure 3-1.
Minimum rear yard setback: See Figure 3-1
Minimum lot width: thirty feet (30'~.
/Cz
8. Maximum height principal structure: twenty-eight feet (28').
9. Maximum height accessory structure: txventy feet (20').
10. Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part))
3-40-072 AH3/PUD Affordable Housing/Planned Unit Development
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 4,--2_,-3raad-4-affordable
housing and resident occupied units (as defined by the Housing Authority Guidelines of
the Aspen/Pitkin County Housing Authority) only within the Aspen Area Community
Plan Urban Growth Boundar2/or adopted Urban Growth Boundaries of other
~..o_.using_(~H 3/PUD)_ Zone District should be located within walking distance on transit
routes, and on pedestrian and bicycle trails.
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 c6nnection 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.
gand. s in the~_A~ordabte~4ousi~(AH) -ZonedCi-st¢dct-shout&be-scatte~ed
tl~ o u.gh o~t4b, e, dk4kGP-H~u-si~g4 o-emsum-a-mi~ 4Yfdaousilag-ty t~~4~s¢~i~h
oxe..affordable ..by.4~s.~wo~ki~ag.-r~sideat s~.-aVthe-same--6m~dhe~Affo~dabte -lgousin'g-{"Al4
~/_p&4[D)_ _gem eM)i-st~4 ~-cam~p~o te ¢t-th~ a,~d-sqaei- ' ~al~ o r4~oo ds 4m~ ~r~hm
otl~-r no~ cemmuai;y~riented~z~r~ed-i-strdst~ may-~roduc~e.~F- uXher, lands in ~e
AffordaJal~44ousiag-(A:H 3/Pkd~).-gone-D~str4ct-shoutdZ*cdo~tedd~ithimwalk-i'~
di.staaee..oad~ansi;..mutes rand .on.pedesti, ian and.bi~, y~te4m[ts. Th6se..AI4.-~. -Gg-housing
arca4-egu!a6o~sdppLyd~the-ar-ea-west~fdhe44etro are~a-bem,-Aary (as described in ~
Count5, Lardddse~2ode definkion sectio% to ~spem-Vi!!age Mobile Hems-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 -1,--2~3waiadxbaffordable housing
guidelines and resident occupied units( as defined by the Housing Authority Guidelines
of the Aspen/Pitkin County Housing Authority).
2. Accessory buildings mhd uses.
3. Bus stop and/or transit facilities.
4. Crop production.
8.
9.
C,
M
2.
3.
4d
52.
Day care centers.
Home occupations.
Parks, playground, playing fields.
Solar energy collectors (private use).
Trails.
Special Review Uses: The following uses are subject to special review:
-Agr4cut~-~gs~
Churches.
a¢~sso~-m-a-pen~i-~-oatd~r-.reo~eationat..~s~
Commu~ty health hcilities.
Domito~ housing.
96. F~ buildings.
4~ ~sem
14=7 Mobile homes.
~8 N~sing, conv~escem, rest, ~d retiremem homes.
-1..3; Outdoor-.~e~ea/ional-uses,
~9 Co~ercial uses accessou to the housing development.
· t&-IOPrefabricated homes not requiring building code exceptions.
~=1[ Satellite reception devices.
/¢
4J= S¢laools/uni~e~s~
.................. l&- ........... 8e.wage.disposal..areasllmad~ll.s/*vate~-.p[ams~-
4-%.~12 Single-family dwelling ~its with a potential or up to, but not exceeding
fi~een thousmad (15,000) squ~e feet of floor ~ea.
R~d3 Single-fmily dwelling maits with more ~ fiReen thous~d (15,000)
squ~e feet o~ floor area (transferable development rights ge required to exceed fiReen
~ousand ~ 15,000) squ~e feet of floor area.
21..A 4 Tr~sferable development rights (TDRs).
~315. Wmer crossing ~d diversion.
D. Prohibited Uses: The follo~ng uses ~e prohibited in fl~e Affordable
Housing [ AH3/PUD', Zone District:
~2. A~ine ~:i ~ea~~
~cult~al u~
.......... 5, .............. Gommemia~ ~automobite.-p~ing4o~s~
.6. Comm~m~eas.
8. Comm~al&~e!s and x~rin~c!]n~cs:
~40. Eqmpmem
12. F~ia!
19. Mi,aemkexp
.................... g.t-: ........... Mo~s~-hotel-sr.todg~s.~
22. Nordic ski ~s m~ facilit~
................ ~3.: ........ O.f~s~
~ fOr ' '
~h~thous~-l~~¢~t of ~s~~i!ding).
25. ~r~ -
~a~ ~g~ tr~i~ing st~
.... iS. 4e4~~ther.
-- 29. Re-~ cabins.
31.
32:!.. Uses not listed.
E.
apply to all pen~itted and special review uses in ~e Affordable Housing (AH 3/PUD)
Zone District:
I. Minimum lot size (squ~e feet): six thous~d (6,000).
~-~L.~.~ft-sa/~o _.~ksep,,~e
Dimensional Requirements: The following dimensional requirements shall
2. Minimum lot area per dwelling unit (square feet):
a. Detached residemial dwelling: six thousand (6,000).
b. Duplex: three thousand five hundred (3,500)/unit.
c. For multi-family dwellings:
1) Studio: one thousand (1,000).
2) One bedroom: one thousand two hundred fifty (1,250).
3) Two-bedroom: two thousand (2,000).
4) Tln-ee-bedroom: three thousand (3,000).
d. U. nits with more than three (3) bedrooms: One bedroom per four hundred
(400) square feet of lot area.
3. Minimum open space requirement per dwelling unit: One thousand t~vo
hundred (1,200) square feet.
Minimum lot width (feet):
Minimum front yard setback:
Minirnum side yard setback:
Minimum rear yard setback:
Maximum height principal and accessory Structures:
Minimum distance between buildings on the lot:
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.
5. Maximum Floor Area Ratio: The allowable floor area pen2itted 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 eighty-five (85%) of
the allowed floor area. Up to one hundred percent (100%) of the floor area may be
permitted by special review, pursuant to Section 3-20.
Lot Size Allowable Square Feet
0 - 15,000 square feet 1.1:1
15,001 - 25,000 square feet 1:1
25,00I - 43,560 square feet
>1 acre - 3 acres .6:1.
>3 acres- 6 acres .36:1
>6 acres .3:1
.8:1
.......... -F. - Off-Street Parking Requirement: Parking standards in the
AH3/PUD zone shall be consistent with the provisions of Subsection 3-
110-080, except for residential uses which shall be established by special
review pursuant to Section 3-120. The maximum number of parking
spaces required shaI1 not exceed one space/bedroom for free market units.
Parking spaces shall not exceed one space/bedroom or two (2)
spaces/dwelling unit, whichever is less for the deed restricted units
(category of resident occupied units). (Ord. 99-36 Att. B (part))
AGENDA ITEM SUMMARY
BOCC Work Session: April 15, 2003
Agenda Item:
AH-3/PUD Zone District
Staff Responsible:
Lance Clarke, Community Development
Department
Description of Issue: The Board has requested a discussion of the AH-3/PUD Zone
District. This district was created for the production of Category mhd RO affordable
housing mad a limited component of free market housing, specifically within the "Aspen
Area CmrLrnunity Plaua Extended Metro Area, west of the Metro Area boundm2¢ to the
Aspen Village Mobile Home Park." This locational reference is to the 1993 AACP. Tlne
updated 2000 AACP does not include an Extended Metro Area, there is only an Urban
Growth Boundary, and there is no reference in the housing section to the "area west of
the metro area bbundary to the Aspen Village Mobile Home Park". The 2000 AACP
does include the "Interim Aspen Area Citizen Housing Plan" as an addendum. This plan
does refer to the m'ea west of the metro area, but it was written prior to the 2000 AACP.
A similar zone district, the AH-2/PUD, exists for the same purpose of allowing a mix of
free market and AH housing, but ii is specifically intended for use in the "Metro Area".
Both zone districts allow the mix of units to be Growth Management exempt on a 70%
AH, 30% free market unit basis. The AH-2 district has been used at Stillwater and North
Forty. (Note: neither of these projects includes free market housing.)
The AH-3 district has been used at Pitldn Iron (4 free market traits-15 affordable units)
and at West Ranch, School District Housing (1 free market unit-10 affordable malts). The
Pitkin Iron development resulted in a density of 1 unit per 2 acres. The West Rmxch
development resulted in a density of 1 unit per 1.3 acres. Both areas were previously
zoned AFR-10, I unit per 10 acres. Neither of these developments approaches the density
that is allowed by tine AH-3 zone district standards. The district as written is extremely
"urban", allowing up to 20+ units per acre if apartments were built or 6+ units per acre if
a development were all single-family units.
Staff has felt that these densities are not appropriate for areas outside the Urban Growth
BoundmTf. Staff also has felt that the 70% AH housing often does not provide sufficient
tradeoff for the impact of the 30% free-market housing, particularly in non-ut'ban service
areas. In the code rewrite, staffproposed eliminating use of the AH-3 zone district, as
well as use of the basic AH district outside fine Urban Growth Boundary. Tine AH district
allows even greater densities than.the AH-3 district. An example of the tremendous
densities allowed in the AH district is the 700+ unit plan that was proposed for the W/J
Ranch by John Musick. The rewrite discussions in 2001 never got to this issue of
eliminating these zone districts.
Recommended Action: Staff recommends that the Board direct staff to bring forward
legislation to eliminate the AH-3/PUD zone district from the Code and to also preclude
use of the AH zone district outside the Urban Growth Boundary. Provisions should be
included so aa not to render existing AH and AH-3 development nonconforming.
MINUTES OF WORK SESSION
Date: April 15, 2003
Meeting Start Time: 1:30 pm
Commissioners present:
X Jack Hatfield
X Dorothea Farris
X Michael Ireland
X Shellie Roy
~ Patti Clapp~r
Commissioners not present:
[] Jack Hatfield
[] Dorothea Farris
[] Michael Ireland
[] Shellie Roy
X Patti Clapper
WORK SESSION ITEM: Memos of Interest
STAFF DIRECTION:
1. Roaring Fork Hospice - informational only, no direction needed.
WORK SESSION ITEM: Future Agendas/Agenda Requests
STAFF DIRECTION:
1. Stillwarer work session set for May 13. 2003 a~ 1:30 ro 2:30 then depart for Redstone. MOIs/open
discussion will be set from 1 ao 1:30pm.
2. Kids First Provider Appreciation Brunch - Hotel Colorado April 27, 2003 ~ noon. Commissioner
Farris will attend.
3 Board directed cancellation of May 20. 2003 legislative update.
WORK SESSION ITEM: BOCC Open Discussion
STAFF DIRECTION:
1. Luis Dalponte - translation services for Roaring Fork Mobile Home Park - the BOCC directed staff to
explore possible funding opportunities jointly with the Town of Basalt.
2. Airport Master Plan Committees - informational only, no direction needed.
3. Citizen Board appointments - Board directed staff to prepare a resolution appointing Martin Flug to the
Financial Advisory Board and. re-appoint ali current Planning and Zoning members.
4. Plaza One Carpet replacement - Board directed replacement of the Plaza One carpet.
5. Plaza Project Update - Board directed staff to retain brick pavers in front of the Courthouse.
6. Commissioner Roy requested funding for a Weed Board mailing - Board directed a written request from
staff for additional funds.
7. Commissioner Roy inquired about construction trash removal and revegetation plan for the Truscott
affordable housing project. County Manager will contact City Manager to respond to citizen complaint -
David 920-6574.
8. Commissioner Roy provided ma update regarding discussions at CCI about the senior tax reduction
program. Program costs will be offset with reductions in Clerk fees and HUTF funds.
9. Commissioner Farris raised the issue of recision of former Interior Secretary Babbit's handbook. Board
directed staffto write a letter to Gale Norton and copy our local BLM staff.
10. Commissioner Ireland inquired about the status of several proposed bills including HB 1161 and
directed another letter to Carl Miller. Board also directed a thank you letter for his position on SB 126.
1 I. May 16 - Commissioners Farris and Ireland will be attending state transportation meetings on May 16,
2003.
12. Commissioner Hatfield spoke with Mayor Klanderud and City Council will meet to discuss an
intergoverranental agreement on mmexation, urban growth boundaries and growth in general.
WORK SESSION ITEM: Non-Profit Agency Updates
STAFF DIRECTION: Alan Cole provided an overview of the goals of the cultural, recreational and
educational progrm~s. Al Dietsch spoke about the goals and accomplished projects of the Valley Spellbinders
1
program. Mr. Dietsch stated that the programs have reached over 15,000 children and adults. Discussion
ensued. Conunissioner Fan'is inquired about funding sources. Mr. Dietsch indicated that funding is from all
local governments, the Thrift Shop and their national organization.
Crystal Lee provided an update of the Aspen Institute. Ms. Lee stated that the new president has stated a goal
of increasing public access to the Institute. She reviewed the upcoming programs for summer 2003 including
the Great Ideas Seminar, High School Great Ideas Seminar, community lectures, etc Conunissioner Farris
stated her desire for the Institute to become more a part of the community.
Roberta McGowan of the Given Institute provided an overview of their focus of cutting edge healthcare and
scientific information. They conduct a free public lectures series in the winter and summer. Current work this
past year has focused on bio-terrorism. County funding is directed to a dental health fair in Aspen and Basalt
that has been very successful. County funding for 2003 is directed to a vision-screening program in September
for uninsured Citizens.
Alan Cole from the Aspen Valley Ski and Snowboard Club presented an overview of their enrollment in the
programs. 1300 kids are enrolled and served by the recreational programs and 230 kids are enrolled in their
competitive progrmns. Financial assistance to low-income families has doubled up to $80,000. Mr. Cole also
reviewed funding sources and recent program successes.
Jackie Broughton with Friends of the James E. Moore Pool discussed the funding used at the pool for disabled
community members. Purchases include a lift, exercise bikes that go in the water, water wheel chairs, and an
automatic external defibrillator. Work is ongoing with the physical therapists in the valley. It is anticipated that
there will be 500 users per day at the facility.
Linda Singer-Froning of the Science Outreach Center reviewed the purpose and goals of the program. The
Jason Project is the most extensive program. 80 teachers were trained this year and 50 teachers were certified.
230 students were trained to teach other kids. The Jason project focuses on empowering children to help solve
environmental problems such as recycling and water conservation. Commissioner Farris stated her support of
the program and the need for this to be taught. Commissioner Hatfield inquired about state requirements. Ms.
Singer-Frouing responded that this is often not prioritized over other required subjects. Discussion ensued.
WORK SESSION ITEM: EOTC Meeting Discussion
STAFF DIRECTION: Commissioner Ireland presented an overview of the current funding plan for the
Colorado Department of Transportation. Discussion ensued.
Board discussion turned to the proposed agenda for the EOTC meeting. Commissioner Hatfield identified
concern about the precedent of agreeing to the request from the Aspen Ski Company regarding $20,000 funding
for the X Gm, des event. Commissioner Roy raised the issue that this event benefits all three communities, rather
than one single community and supports the request. Discussion ensued. Commissioner Ireland suggested
~,,,,~s~,~,~s~u~,port of the $20,000 contribution conditioned with recognition of the sponsorkhip. The Board concurred.
,W~O. RK SESSION ITEM: 7kH-3 PUD Zoning Outside Urban Growth Boundaries ~'~
STAFF DIRECTION. Lance Clarke gave the Board an overview of the AH-3 PUD zone district. He [
indicated that staff does not support this type of density outside the UGB. He cited examples of where this
zoning has been used in the past and that these projects did not build out to the maximum under the allowed
density. Staff also felt that this zone' district is a trade-off for free market development that is not good for the
county and recommends that it be precluded.
Commissioner Fan*is expressed her desire that AH -3 does not occur outside the Urban Growth Boundary
conditioned with a ten year review of the demand for affordable housing. Commissioner Hatfield expressed his
2
support of a hard line urban growth boundary; however, he supports the ten-year review. He expressed that the
Board's direction is that affordable housing is suitable within the UGB. Commissioner Ireland stated that he
felt a re-examination of AH-1, AH-2 was necessary and the encouragement should be to build within.
commissioner Roy stated that she did not feel that a five or ten year review is a compromise because future
Boards are not bound by this Board's actions. Discussion ensued about the issue reaching a level that causes
the community to respond. Commissioner Roy raised sites outside the UGB that might be appropriate for
affordable housing densities because of neighboring uses and suggested a suburban density. Discussion ensued.
Lance Clarke clarified that on-site mitigation would still be allowed. Discussion ensued about Commissioner
Roy's suggestion and the Board directed staff to analyze it and bring it back for further discussion. The Board
directed staff to proceed with elimination of the AH-3 PUD zone district.
Michael Owsley of the Woody Creek Caucus stated his support of the Board's direction and cautioned the
Board about exploring compatible affordable housing and the impacts associated with it in a rural area:
Discussion ensued. Commissioner Roy stated her discomfort about eliminating affordable housing
opportunities in the County. Discussio~ ensued. Phil Holstein stated that hehad contacted all the caucus and
the consensus was support for the direction of the Board and that any project of meaningful density should be
built within the UGB. He further stated that ifa crisis developed, a re-examination would occur. Lynn Mace
inquired about the impact of the density of affurdable hous, ing versus the impact ora large home. Discussion [
ensued and Commissioner Hatfield referred to the Cotmty s study on house size and job generation. Alan
,~c~hm,,,an suggested the Bo.ard move quickly to cement this action. ~
Adjourned at 5:03 pm.
Prepared by:
Respectfully submitted:
Hilary Fletcher Smith, County Manager Silvia Davis, Clerk and Recorder
Vice-Chairman Rudnick added that the property wouldn't be inclusive of any
proPerty that Was subject to a conservation easement.
This was also agreed to, but there was discussion that the holder of the
conservation easement may have to join in the deed restriction. It was agreed
that this was more cfa title question, but Ms. Houben said that it would most
probably be a condition of approval.
The final question to be determined was how many years the vesting should be.
A straw vote was taken after discussion of 20 years, 30 years, or perpetuity.
Commissioner Hatfietd said that he would like the vesting to run with the land. He
wants to make enough incentive here so that the County doesn't have a regulation on
the books that nobody wants to exercise.
Commissioner Ireland said that he would not support vesting in perpetuity, as he does
not want to bind future boards. He wants to retain the flexibility of the community to say,
in twenty years, nb to 15,000 square feet
Commissioner Howard reminded everyone that the Board of County Commissioners of
Pitkin County as the beneficiary of the perpetual deed restriction could, at some point in
the future, release it if they dec'ided something needed to be placed on that land that
' was beneficial to the community.
Vesting for 30 years was decided upon by a majority of the board members
present.
Commissioner Roy was not happy with the direction chosen. She said that she thinks
that it should be optional that an applicant can opt out anytime before pulling the
building permit.
No other board members were ~n support of Commissioner Roy's direction.
DISCUSSION ON CODE AMENDMENTS ON RS-160:
Regarding the RS-160 subdivisicn and rezoning, both boards were agreeable to
what staff had proposed as shown on Suzanne Wolff's memorandum to the
BOCC, including Attachment A, dated November 20, 2002 and attached to this
meeting packet.
FuROPOSEDAMENDMENTS TO THE LAN D 3~
D ZONE DISTRICTS: USE CODE REGARDING AH, AH-
BOARD OF COUNTY COMMISSIONERS
6
SPECIAL MEETING JULY 22, 2003
Mr. Clarke made his presentation to the boards as outlined in his memorandum dated
May 06, 2003 to P&Z. Mr. Clarke's memorandum and draft COde amendmer~tS On this
section are attached to this meeting packet.
What's new, Mr. Clarke added, that the boards didn't have before them when they
looked at this section of the Code before is the draft language of the Policy Section of
the Code that the BOCC has now completed. Mr. Clarke referred everyone to Section
1005 Citizen Housing Section attached to his memorandum. The last sentence of
Section 1005.01 (B) states that "this policy shall be reviewed AT LEAST every 5
years....".
Commissioner Martin said that he wanted to straighten something out that. keeps
coming up. He said that the minutes of May 06, 2003 say that Commissioner Martin
stated that the P&Z had previously spent 20 to 30 meetings on the Down Valley
Housing Plan and talked about the Aspen Area Community Plan and he asked several
questions about this. He said that they were told that there was more zoning coming.
And the motion that was made was to table it for 60 days or until the P&Z received the
alternative zone districts from the BOCC. He said that the P&Z didn't just throw a
monkey wrench idto the works here because they just wanted to see the rest of this.
Mr. Clarke said today would cover the rest of this.
Discussion ensued on the AH, AH-3 PUD zone districts focusing on the conditioned
affordable housing OUTSIDE the UGB suggested by the BOCC.
Commissioner Martin shared with the boards some newspaper articles and other
information regarding AH zoning. He said that there were a lot of places where this
issue is being addressed in ways that would be novel to Pitkin County but aren't novel if
you go to any of these other meetings where it's being discussed. He said what is
being talked about is getting sufficient density and keeping the cost of the land within
reason.
Further discussion developed on the siting of the land for AH between here (Aspen) and
Basalt. How far outside the UGB and exactly where could AH be placed were the top
questions.
Ms. Houben said that she doesn't think there is a need for AH outside the UGB. She
said that in the Aspen Area Community Plan the City of Aspen was asked how much
AH they could take within the UGB? She said that the research that was done showed
a certain number, she thinks that it was 600 and something that the City of ,~spen said
that they could accommodate.
Commissioner Ireland said that he wants tosee ALL development, not just AH, to be
focused where the services are.
P&Z COMMISSIONER JOHN HOWARD LEFT THE MEETING AT THIS TIME.
BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING JULY 22, 2003
Commissioner Hatfield said that when he ran for County Commissioner he was very
firm about the issue of an UGB. He said that there should be a maximum, mixed use
there and that he is satisfied with 300 something at Burlingame.
Further discussion continued on this issue.
Phil Holstein asked to address the boards. He represents the Woody Creek Caucus
and the Woody Creek Caucus Planning Commission. He said that he caucused all the
other Caucuses and spoke to them before coming here tonight. He said that they all
agreed that there should NOT be affordable housing of any density outside the UGB in
perpetuity. He said that the implication that Mr. Holstein got from the other Caucuses
was, UNLESS the County Commissioners draw a line in the sand and take a stand
against sprawl we're going to have sprawl in Pitkin County like almost every other
county in Western Colorado. He said that Woody Creek would fight to preserve their
rural character.
Commissioner Martin asked Mr. Holstein if he would fight to increase the density of
Burlingame?
Mr. Holstein commented that yes, he thinks whatever happens at Burlingame than can
be done by good design should be done. However, he added, he would like to say that
there is always the law of unintended consequences. He said that he Cautions the
community not to over build affordable housing.
Commissioner Roy said that she tl~inks that AH density should be increased within the
UGB and spoke to Mountain Valley Subdivision.
Vice-Chairman Rudnick said that if there are un-subdivided land parcels Within the UGB
he said he thinks there is something to talk about. But, he cautioned, to re-do existing
subdivisions would be a major undertaking and probably not likely to be successful.
Commissioner Whipple said that the BOCC has made a pretty good faith effort of
expanding what was originally handed to the P&Z. He said that he was sure it was hard
to "bang out". He said that originally he thought AH should be outside the UGB, but
now, as time has progressed and there is less demand, he is leaning toward maximizing
the potential for AH within the UGB. He reminded the P&Z that they still have a chance
to have another "whack" at this when they send their recommendation to the BOCC
after BOCC first reading.
Vice-Chairman Rudnick and Commissioner Augello are agreeab e to the language as
presented by staff on this AH issue.
Commissioner Martin said that if we could get the development out at Burlingame he
would feel a lot better about all the work that has been put into this.
BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING JULY 22, 2003
Commissioner Farris suggested that a letter be signed by both the BOCC and the
P&Z board members and sent to the Aspen City Council stating that it is
important to both boards to optimize the development at Burlingame to meet the
needs of both the City and the County.
Commissioner Augello said that he is perfectly comfortable with UGB and he thinks that
the language is improved. And, he said, he does think this is all temporary depending
on your point of view whether it's for long term or not.
Mr. Clarke said that he would write up this Section and bring it back.
It was agreed that the AH Section should move forward with this language to be
worked on along with direction to staff to follow through as discussed here
tonight.
Mr. Holstein informed the members of the joint boards that all the Caucuses were in the
process of preparing Master Plans. He said that all the Master Plans would be
addressing this issue of AH and would probably speak with a similar voice. What is the
effect of those Master Plans on future planning?
Commissioner Martin responded by saying that th~ duty and statutory responsibility for
Master Plans lies right up here with this table, not with the Caucus. The Caucus is an
advisory agency like the Department of Local Affairs and Geology, for example. But. he
said, of course they're going to be listened to but as a referral not as an enacting body.
L-Chairman Rudnick adjourned the joint meeting at 7:39 p.m.
BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING JULY 22, 2003
ARTICLE i.- POLICIES
DRAFT DATQ
analyses shall be the formulation of management programs, in direct cooperation
with landowners. In instances of potential detrimental land use encroachments.
the use of buffer zones to further insulate designated Natural Areas shall be
encouraged.
d. Pitkin County, utilizing County staff volunteers, and [~rofessiona~s
shall research potent al County Natural Areas and Natura~ LandmarKs. The
purpose of such research will Be to create an Environmental Resources Element
including qJa fed areas anc andmarKs.
e. Designated Natural Areas that a~so have other environmenta~
designations (e.g. critical wildlife habitats wetlands, rare elant sites) will be dealt
with according to all appropriate policies and regulations.
f. The Count) shall identify and work to ensure the ereservation of
critical wildlife habitats Natural Areas. environmental conservation areas and
significant agricultural land.
g. The County shall use its open space program as one means of
achiewng its environmental resources and cultural preservation goals.
h The Land Management Community Develoement. Wildlife Biologist
and Open Space & Trails Depar[ments shall conduc[ analyses of ex~sting Natural
Areas for the Duroose of identifying land ownership and a feasible program for
protection of the environmental values of the ares Buffer zones will be
designated to appropriately insulate Natural Areas from detrimental land .~se
encroachments.
~ (delete Der SHELLIE)),Natural Area designations
may be revised or deleted to reflect changing conditions or new categories of
designation.
CITIZEN HOUSING
1005.01 General.
It ~s the poiicy of the County to ensure the existence of a supply of desirable and affordaele housing for
persons employed in Pitkin County, semor citizens, the handicapped, and other qualified oersons of Pitkir
County. Pitkin County seeks to preserve existing affordable housing tc thc e
....... ,~ ~ (delete Der
SHELLIE); and to encourage the development of affordable housing within establishe(~ ur~ar, growth
boundaries where employment, services and facilities are typically already establishec
1005.01(A). It is me policy of Pitkin County to require that there be existing,
ava able affordable housing for all employees generated Dy any prooosed deve ~pment.
I005,01(B), A divers~b/of housinq types and densities shall be encouraqed
~ order to ensure affordabi'e housinq for a ranqe of individual and families. Deed restricted
_p~.o~.~C~.~ I housinq that ensures occupancy by ...... .% and full time residents shall be p~eferred for
~£ ! ~ablehousinqoutside ,owth
· Employee Dwellinq Units (EDU) and Caretaker Dwelling Units (CDU)(
· Job related on-site housinq[
· ~:onversion of existinq locally servinq housinq and;
· On-s te required mitiqation housing
· _Replacement of existinq affordable housinq
Draft #1, P&Z/BOCC Distribution for 10/17/2001 Public Me~l:in~
Page 10 ~._~
ARTICLE l: POLICIES
DRAFT DATED; 7/14./2003
1006
Affordab e housinF~ of urban or suburban densities shall not be accepted outside the urban
qrowth boundaries if it promotes sprawl or other development inconsistent with this or other
policies or requiations of the County. This policy shall be reviewed at least every 5
in coniunction with the Land Use Pattern Policy in order to determine if the need for
affordable Housing is being adequately accommodated within the established UGB's
1005.01(C). C,~,.., .... ;_1_ .Li_I .......... ,~,, ,u,,~,u,, ~ ..... =.-' ' '-Z-'+"'~'J_'er
SHFI I IF:', ar~inh ...... .~., 'r_, .,,~
1005.01 iD). Reha~ litation of existing residential facilities snou~a De ~romoted
where feasible. The purchase and buy-down of existing units througnou[ zhe County
encouraged since it promotes affordable housing goals without increasing growth rates or
impacts.
1005.01(E). ~;~
Dispersal of citizen housing throughout the UGB shall be supposed.
1005.01(F). The use of energy conse~ation and innova[we nome buiiding
techniaues m order to reduce construction and/or operating costs without sacrificing safety or
desirability of the hous ng shall be encouraged and supposed. When appropriate, me
revision or adoption of building codes wil[ be encouraged to meet this objective. ~
GENE~L GOVERNMENT/PUBLIC PARTICIPATION AND PLANNING PROCESSES
1006.01 General.
The County shall encourage public participation, when oup~c and c Jasi-public bodies are making
decisions, which significantly affect citizens
1006.01(A). Pitkin County acknowledges the benefit of regional planning. To that
end, the County SUDDOi~S planning efforts b64wee~ among counties, cities towns, and
federal agencies These cross-jurisdictional approach&s are most notably important in the
venues of transportation, hous~n.c open space agncultural lands, ann human and social
services.
1006.01(B). To accomplish a cooperauve and cooroinated land use planning
effort among me region's municipalities ann counues it is the policy of Pitkin Count), to enter
into intergovernmenta contracts agreements with the mumc~oalities for the purpose of
implementing me land use nroposais and golicies of any jointly aoopted ~lans. Where such
jointly aaooted plans ap not exist, referral prac[~ces aha substantial opportunities for dialogue
of interests shalt be sought.
1006.01(C). When appropriate, the County snail encourage and suppor~ the
formation of citizen groups to participate in planning-related matters. The Board of County
Commissioners may appoint/form ad hoc citizen advisory groups or reouest the aupointment
of such groups.
Draft #1, p&Z/BOCC Distribution for 1011712001 Public Meeting