HomeMy WebLinkAboutbocc.ord.021.2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, REPEALING AND REENACTING SECTIONS 3-40-071, 3-40-073,
3-40-074, 3-150-100, 9-110-030, AND 9-110-041 OF THE PITKIN COUNTY LAND USE
CODE, RELATED TO CATEGORY AFFORDABLE HOUSING
ORDINANCE NO. ~,,~1-2004
RECITALS
1. The Community Development Department is proposing to amendthe Land Use Code provisions
regarding the AH-2 Planned Unit Development zone district, the AHO Planned Unit Development zone
district, the AHP Planned Unit Development zone district, and the Growth Management Exemption and
Incentive Sections of the Code to recognize all Categories of Affordable Housing as defined by the
Aspen/Pitkin County Housing Authority Guidelines.
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendmems at a
regularly scheduled meeting on March 9, 2004, and recommended approval by a vote of 5-0.
3. The BOCC considered the proposed code amendments at a duly noticed public hearing on first reading
on April 28, 2004, and heard evidence and testimony presented.
4. The BOCC approved the proposed amendments at second reading on May 12, 2004.
5. The BOCC finds that the proposed code amendments are consistent with the provisions of applicable
Master Plans and the Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title VIII 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 17th day of April, 2003.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 28th day of April, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 12th day of May, 2004.
PUBLISHED AFTER ADOPTION in the Aspen Times Weekly on the ~,l~. day of~, 2004.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
Ordinance No. ~(-2004
Page 2
ATTEST: ~
Ji~hn~e Jones, Cler~to he BOCC
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By. _ ~,
Dorothea Farris, Chair
Date ~'~t_/~ t~ bt
APPROVED AS TO CONTENT:
John Ely, County Attorney
C~ll~a~ ~ol~b~ll~
Community Development Director
lancec/cases/ah2 et al notice ord.doc
ATTACHMENT A
3-40-071 AH2/PUD Affordable Housing/Planned Unit Development
A. Intent: The purpose of the Affordable Housing (AH2/PUD) Zone District
is to provide for the use of land for the production of Category affordable housing and
resident occupied units and lots (as defined by the 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 in the Affordable Housing (AH2/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 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 (AH2/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.
B. Allowed Uses: The following uses are permitted as of right in the
Affordable Housing (AH2/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).
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. Churches.
2 Community health facilities.
3. Dormitory housing.
4. Farm buildings.
5. Mobile homes.
6. Nursing, convalescent, rest, and retirement homes.
7. Commercial uses accessory to the housing development.
8. Prefabricated homes not requiring building code exceptions.
9. Satellite reception devices.
10. Single-family dwelling units with a potential of up to, but not exceeding,
fifteen thousand (15,000) square feet of floor area.
11. 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.
12. Transferable development rights (TDRs).
13. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the Affordable
Housing (AH2/PUD) Zone District: 1. Uses not listed.
E. Dimensional Requirements: The following dimensional requirements shall
apply to all permitted and special review uses in the Affbrdable Housing (AH2/PUD)
Zone District:
1. Minimum lot area: three thousand (3,000) square feet.
2. Minimum lot area per principal use is dependent upon the type of
aflbrdable housing:
a. Detached residential dwelling: three thousand (3,000).
b. Duplex: one thousand five hundred (1,500).
c. For multi-family dwellings on a lot of less than twenty-seven thousand
(27,000) square feet or between twenty-seven thousand (27,000) square feet and forty-
three thousand five hundred sixty (43,560) square feet or less when approved by special
review pursuant to Section 3-120, the following square feet requirements apply:
1 ) Studio: three hundred (300).
2) One bedroom: four hundred (400).
3) Two-bedroom: eight hundred (800).
4) Three-bedroom: one thousand two hundred (1,200)
5) Units with more than three (3) bedrooms: One bedroom per four hundred
(400) square feet of lot area.
d. For multi-family dwellings on a lot of more than twenty-seven thousand
(27,000) square feet (except when varied by special review) the following square feet
requirements apply:
1 ) Studio: one thousand (1,000).
2) One bedroom: one thousand two hundred fifty (1,250).
3) Two-bedroom: two thousand one hundred (2,100).
4) Three-bedroom: three thousand six hundred thirty (3,630).
5) Units with more than three (3) bedrooms: One bedroom per one thousand
(1,000) square feet 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 eighty-five percent
(85%) of the allowed floor area. Up to one hundred pement (I 00%) of the floor area may
be permitted by special review, pursuant to Section 3-210.
Lot Size Allowable Square Feet
0 -- 15,000 square feet 1.1:1
15,001 -- 25,000 square feet 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
F. Off-Street Parking Requirement: Parking standards in the AH2/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 of resident
occupied units). (Ord. 99-36 Att. B (part))
3-40-073 Affordable Housing Overlay/Planned Unit Development (AHO/PUD)
A. Intent: The Affordable Housing Overlay/PUD zone is intended for the
production of Category and limited resident occupied affordable housing within transit
oriented mixed land use developments. The AH Overlay/PUD could accommodate a
wide range of land uses including, but not limited to, free-market residential and
affordable housing and commercial uses where the commercial uses are accessory to the
other allowed and special review uses within the underlying zone districts. Recreational
facilities, tourist accommodations and tourist oriented commercial uses could also be
accommodated in appropriate locations (where these uses are allowed by right or by
special review in the underlying zone district(s)). The AH Overlay/PUD zone is intended
to provide a mix of land uses that encourage interaction between tourists, seasonal
residents and permanent residents consistent with the character oriented goals of the
AACP. The Affordable Housing Overlay zone will be available for lands located within
the Aspen Area Community Plan Urban Growth Boundary or adopted Urban Growth
Boundaries of other municipalities within Pitkin County, and should be strategically
located in recognized activity centers, on transit and bicycle routes. The mix of land uses
in the AHO/PUD is intended to reduce the need for private vehicle trips and, increase
mass transit utilization thereby improving air quality. Use of the AH Overlay/PUD shall
be subject to review under the planned unit development criteria identified in Section 3-
170 of the Land Use Code. Use of the AH Overlay/PUD district shall also be considered
a rezoning and shall be subject to the standards and criteria in Subsection 3-220-020 and
the procedures as described in Subsections 4-60-020 and 4-60-080. Refer to Sections 5-
110 and Subsections 5-180-020 and 5-180-030 for submission requirements. In addition
to the rezoning and PUD criteria, the following criteria shall be considered when
evaluating whether to permit a land use development to be zoned AHO/PUD:
1. The degree to which a development represents an exceptional
commitment to advancing the visions goals and specific action items of the Aspen Area
Community Plan;
2. The consistency of the development with the most current community
affordable housing needs as determined by the priorities of the Aspen Pitkin Housing
Authority;
3. The percentage of single-family affordable housing units that are
constructed by the developer as opposed to selling lots for affbrdable housing units;
4. The range and diversity of affordable housing provided in the
development;
5. The community amenities provided by the development for the benefit of
residents and visitors of the Aspen area including but not limited to; trails, recreational
facilities, transit facilities and areas for public use;
6. The degree to which commercial land uses may offset the negative fiscal
impacts associated with residential development;
7. The transit orientation of a project taking into consideration density, site
design, mix of land uses and relationship to transit routes.
B. Use Requirements: Use requirements are determined by the underlying
zone district(s) as established in Code Section 3-40. Residential uses restricted to
Category and resident occupied affordable housing guidelines (as defined by the
Aspen/Pitkin County Housing Authority) must comprise seventy percent (70%) of the
residential unit mix of the development. In addition, the number of persons residing in the
restricted affordable housing units must compromise sixty percent (60%) of the total
residential development population. Projects must be comprised of at least sixty percent
(60%) Category affordable housing units and may additionally be comprised of up to
forty percent (40%) resident occupied affordable housing units. In the case of
developments with one or more underlying zone districts, the seventy pement residential
unit mix and sixty percent (60%) residential population mix may be satisfied by
aggregating the resident unit and population mix in all the underlying zone districts
overlayed by the AHO/PUD. Average household sizes shall be determined by the Aspen
Pitkin County Affordable Housing Guidelines. Each individual underlying zone district
overlayed by the AHO/PUD need not meet the minimum required unit and population
mix.
C. Dimensional Requirements: Dimensional requirements are determined by
the underlying zone district(s) as established in Section 3-40. (Ord. 99-36 Att. B (part))
3-40-074 AHP/PUD Affordable Housing Preservation/Planned Unit Development
A. Purpose and Applicability: The purpose of the Affordable Housing Preservation
(AHP/PUD) Zone District is to preserve existing housing stock that has been historically
aftbrdable to and occupied by permanent residents for continued occupancy by qualified
residents of Pitkin County, as defined in the Aspen/Pitkin County Affordable Housing
Guidelines. Property to be developed pursuant to the AHP/PUD zone district may be
located anywhere in the County, and the development requires approval subject to the
subdivision and planned unit development (PUD) provisions of the Land Use Code.
B. Threshold Applicability Criteria: To be eligible to rezone to the AHP/PUD Zone
District, and as a prerequisite to application for AHP/PUD development, a parcel shall
meet certain threshold criteria, including:
1. The property proposed for rezoning shall be a legally created lot or parcel of land that
is currently configured as it was on January 12, 2000.
2. The property shall contain existing dwelling units that are legally created. The
applicant shall provide a valid copy of a building permit for the structures, or shall
demonstrate that the structures were built prior to the issuance of County building permits
and that the dwelling units comply with the definition of "dwelling unit" in Article 8, or
shall otherwise prove to the satisfaction of the Community Development Director that the
dwelling units xvere legally created.
3. The existing dwelling units comply or can be brought into compliance with Uniform
Building Code life/safety requirements.
4. Applicant shall demonstrate that existing dwelling units have historically provided
housing for permanent working residents.
C. Minimum Criteria for AHP/PUD Development: The proposed development shall
satisfy the following minimum criteria as a prerequisite to approval:
1. General Criteria
a. The proposed AHP/PUD development shall consider all applicable comprehensive and
master plans adopted by the Planning and Zoning Commission, the Aspen/Pitkin County
Affordable Housing Guidelines, and the applicable comprehensive and master plans
adopted by other jurisdictions.
b. To the extent applicable, the proposed AHP/PUD development shall substantially
advance the goals, philosophies and criteria of the Pitkin County Citizen Housing Plan,
the Aspen Area Citizen Housing Plan, and the visions, goals and specific actions items of
the Aspen Area Community Plan and the Down Valley Plan.
2. Public Facilities Criteria
a. The nmnber of units proposed shall not necessitate any major infrastructure
improvements, including but not limited to, improvements that would increase the
capacity of the road network and extensions of public water or sanitary sewer.
3. Density and Housing Type Criteria
a. A minimum of fifty percent (50%) of the total number of dwelling units proposed in
the development shall be comprised of existing, legally created dwelling units.
b. The development shall provide a net gain to the community in affordable housing;
more affordable housing shall be preserved or created than is generated by the free
market residences proposed as part of the development.
c. A minimum of seventy percent (70%) of the total proposed development shall be deed
restricted as Category Affordable Housing Units (as defined by the Aspen/Pitkin County
Housing Authority Guidelines).
d. A maximum of fifteen percent (15%) of the total proposed development shall be
resident occupied units/lots (as defined by the Housing Authority Guidelines).
e. A maximum of fifteen percent (15 %) of the total proposed development may be free
market units/lots, in order to provide an incentive to retain the existing housing stock and
to offset the cost of improving the housing stock to meet the standards of the Housing
Guidelines.
4. Site Design Criteria:
a. The scale, mass and materials of the proposed development shall be visually
compatible with the surrounding environments, both built and unbuilt.
b. The proposed development shall be clustered to the maximum extent possible.
c. The proposed development shall be situated so as to minimize the environmental,
visual and character impacts of the development.
d. The proposed development shall provide community amenities for the benefit of
residents, including, but not limited to: trails, recreational opportunities, transit facilities
and areas for public use.
e. The proposed development shall provide an opportunity for a high quality of life, both
for those living in the development, as well as their neighbors.
D. Allowed Uses: The following uses are permitted as of right in the Affordable Housing
Preservation (AHP/PUD) Zone District.
1. Dwelling units -~ single family, duplex or multi-family
2. Accessory Buildings and Uses
3. Bus or Transit Stop
4. Crop Production
5. Farm Buildings
6. Home Occupations
7. Parks, Playground, Playing Fields
8. Prefabricated Homes (not requiring building code exceptions)
9. Solar Energy Collectors (private use)
i0. Trails
E. Special Review Uses: The following uses are subject to special review
1. Agriculture Stands
2. Animal Production and Husbandry Services, and other Farm and Agricultural Uses
3. Caretaker Dwelling Units
4. Churches
5. Day Care Centers to serve the residents of the development only
6. Dormitory Housing
7. Mobile Homes
8. Offices
9. Satellite Reception Devices
10. Uses, Activities and Facilities Permitted by Special Use Permit Issued by Federal
Agencies
11. Water Crossing and Diversion
F. Prohibited Uses: The following uses are prohibited in the Affordable Housing
Preservation (AHP/PUD) Zone District
1. Uses Not Listed
G. Dimensional requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the Affordable Housing Preservation (AHP/PUD)
Zone District.
1. The following dimensional requirements shall 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:
Minimum lot size
Minimum lot area per dwelling unit
Minimum open space requirement per dwelling unit
Minimum lot width
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.
2. Maximum Floor Area or Square Footage:
a. Free Market Dwelling Units: five thousand (5,000) square feet of floor area
b. Resident Occupied Dwelling Units: No more than the maximum allowed by the
Housing Guidelines in effect at the time of building permit issuance.
c. Category Dwelling Units: Comply with the minimum net livable square footage as
required by Housing Guidelines. Maximum two hundred fifty (250) square foot garage
for studios and one bedroom units; maximum five hundred (500) square foot garage for
2+ bedroom units
Total floor area for the development shall not exceed two (2) times the maximum
floor area allowed in the applicable zone district prior to the rezoning.
3. Off-street parking requirement: Parking standards in the AHP/PUD zone shall be
consistent with the provisions of Section 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 or Resident Occupied Units).
(Ord. 004-2000)
3-150-100 Dwelling Units Constructed in the AH, AH2/PUD and AH3/PUD Zone
Districts
The construction of dwelling units in the AH, AH2/PUD, AH3/PUD, and
AHP/PUD zones is exempt from GMQS subject to the standards in this section. Refer to
Section 4-70 for procedures and Section 5-160 for submission contents.
A. Developments in the AH, AH2/PUD, AH3/PUD and AHP/PUD zones
shall:
1. Contribute to the annual housing production goal and unit mix established
by the Board of County Commissioners housing designee;
2. Developments in the AH zone shall be comprised of dwelling units
complying with Category and occupancy guidelines of the Board of County
Commissioners housing designee;
a. Developments in the AH2/PUD and AH3/PUD zones shall be comprised
of at least seventy percent (70%) of the unit mix of the development. Of this seventy
percent (70%), forty percent (40%) of the units/lots must be deed restricted to Category
Housing pursuant to the Affordable Housing Guidelines, and resident occupied units may
comprise up to thirty percent (30%) of the unit mix. Free market development may
comprise up to thirty percent (30%) of the unit mix. However, only forty percent
(40%)of a project's bedrooms may be located within free market or resident occupied
traits. Category housing or resident occupied housing must comprise at least sixty percent
(60%)of the bedroom mix of the project. Despite these requirements, projects may be
comprised of all Category deed restricted or resident occupied units. In the event that no
free market development is proposed as part of the project, the limitation on resident
occupied units and bedroom mix shall not apply. Residential uses may be comprised of
single-family, duplex and multi-family dwelling units;
b. Developments in the AHP/PUD zone district shall be comprised of a
minimum of seventy percent (70%) deed restricted, Category affordable housing
units/lots. A maximum of fifteen percent (15%) of the total proposed development shall
be resident occupied units/lots and a maximum of fifteen percent (15 %) of the total
proposed development shall be free market units/lots.
3. Maximize construction quality and unit size given price constraints;
4. If possible, utilize affordable housing programs to house low-income
handicapped citizens or seniors.
5. Be located consistent with the:
a. Recommendations of the Aspen Area Connnunity Plan; and
b. Availability of essential services, particularly mass transit. (Ord. 004-
2000, Att. C: Ord. 96-11: Ord. 95-3 (part))
9-110-030 General Description of Rural Area Growth Management Incentives and
Exemptions
The following table contains a list of the incentives and exemptions available from
Growth Management within the Rural Area and the applicable Code section:
Code Incentive/
Section Exemption Description of Incentive/Exemption
§9-110-
041
§9-110-
042and
see § 3-
310
§9-110-
Incentive
Incentive
Incentive
Incentive for deed restricted dwelling units:
Deed Restricted Category Sale Affordable Housing or Publicly
owned Category Affordable Housing
Resident Occupied Deed Restricted Sale Units or Publicly
owned Resident Occupied Units
Deed Restricted Caretaker Dwelling Units
Affordable Housing Preservation Zone units
Incentive for Development Utilizing Transferable Development
Rights ("TDRs"):
Growth Management Exemption For New Lots
Growth Management Exemption For Additional Floor Area For
Existing Development
Growth Management Exemption to Exceed 15,000 Square Feet
of floor area
Incentive for Preservation of Historic Structures:
One Additional Single-Family Unit Limited to 5,750 Square
043 Feet of floor area on a Parcel/Lot which Contains an Historic
Dwelling Unit
Incentive for Large Lots (RS-160 Lots or 500-- Acre Lots)
§9-110- Incentive One single-family unit up to 15,000 square feet of floor area on
044 RS-160 parcels/lots or parcels/lots greater than 500 acres
Code Incentive/
Section Exemption Description of Incentive/Exemption
Exemption for One Large-Sized Single-Family Unit up to 5,750
§9-110- Exemption Square feet of Floor Area on:
051 Lots Located in a Subdivision Approved by the County Prior to
June 19, 2000
Parcels Legally Created and Configured Prior to June 12, 1978
Thirty-Five or More Acre Parcels Created to Prior to January
10, 2000, and Located in the Crystal River or Frying Pan Areas
Exemption for Remodels, Smaller Additions and Replacement
§9-110- Exemption Units:
052 Unlimited remodels (no increase in floor area allowed)
One Replacement of a Single-Family Unit Limited to the larger
of the Floor Area of the Original Structure or the large-sized unit
exemption (5,750 square feet of floor area), if applicable
Replacement of additional structures limited to the floor area of
the replaced structure and the original building footprint, unless
special review approval is obtained
Additions up to 1000 square feet of floor area
053 Exemption
~¢:ii0-
054 Exemption Parcels for Conveyance to Public Entities for Public Purposes
§9-110- Exemption for Existing CDU/EDU Improvements
055 Exemption
(Ord. 023-2000, Att. A
9-110-041 Incentives for Deed Restricted Dwelling Units
There are four types of deed restricted dwelling units that are incentivized through
Growth Management: (a) deed restricted Category affordable housing sale units and
publicly owned Category affordable housing rental units; (b) Resident Occupied ("RO")
deed restricted sale units and publicly owned RO rental units; (c) deed restricted
caretaker dwelling units ("CDUs"); and units created through the Affordable Housing
Preservation/Planned Unit Development Zone. There is no incentive provided for
privately owned deed restricted rental units; publicly owned Category 1-4 and RO rental
units are incentivized.
A. Deed Restricted Category Affordable Housing Sale Units. Deed restricted
Category affordable housing sale units in any zone district where these units are allowed
may be exempted from Growth Management. Publicly owned category affordable
housing rental units may also be exempted from Growth Management. Two incentives
for the development of Category affbrdable housing units are provided through Growth
Management as follows:
1. 70/30 Development Projects in the AH-2/PUD and AH-3/PUD Zones. The
development of projects containing a minimum specified mix of seventy percent (70%)
deed restricted Category and RO sale housing and a maximum of thirty percent (30%)
free market housing may be exempted from Growth Management to incentivize the
production of deed restricted category affordable housing. Where the project is publicly
o~vned, the Category and RO units may be rental units. All 70/30 development projects
shall satisfy the following minimum criteria to qualify for a Growth Management
exemption:
a. AH-2/PUD and AH-3/PUD Zoning Required. A 70/30 development project shall
only occur in the AH-2/PUD and AH-3/PUD zones.
b. Compliance With Housing Designee Goals and Deed Restrictions Required. A
70/30 development project shall:
1 .) Contribute to the annual housing production goal and unit mix established by the
Aspen/Pitkin Housing Authority for sale units (or rental units, if the project is publicly
owned); and
2.) Comply with the deed restrictions required by the Aspen/Pitkin Housing
Authority for Category and RO sale units (or rental units, if the project is publicly
owned).
c. Minimum Specified Dwelling Unit Mix. A 70/30 development project shall
comply with the following minimum specified dwelling unit mix:
Type of
Dwelling Units
by Overall Required Breakdown of Unit Mix
Percentage of Within 70% and 30% Categories Options
Development
40% minimum for Category sale If there is no free market
units (or rental units, if publicly development, the limitation to
70% Deed owned) (Category units and RO 40% of the project's total number
Restricted sale units must comprise at least of bedrooms does not apply to the
Category 1-4 60% of the total bedrooms mix in RO sale units (or rental units, if
Affordable the project) publicly owned)
Housing Units 30% maximum for RO sale units Units may be comprised of the
and RO (or rental units, if publicly owned) types of units permitted or
Housing Sale (if the project has free market units, approved by special review under
Units (or Rental limited to an overall total of 40% of the applicable zone district (e.g.,
Units, if the project's total number of single-family, duplex, multi-
publicly owned) bedrooms including free market family)
bedrooms) All deed restricted Category units
Category sale units and RO sale and RO housing units are
units must comprise at least 60% of required to be sale units, unless
the bedroom mix of the project (or publicly owned in which case
rental units, if publicly owned) they may be rental units
30% Free
Market
Dwelling Units
Free market and RO sale units are
limited to an overall total of 40% of
the project's total number of
bedrooms (or rental units, if
publicly owned)
Free market units are optional,
and are not required
Free market units may be
comprised of the types of units
permitted or approved by special
review under the applicable zone
district (e.g., single-family,
duplex, multi-family)
Free market units may be rental
units if permitted in the
underlying zone district
d. Minimum Design and Locational Criteria. 70/30 development projects shall
comply with
the following minimum design and locational criteria:
l .) The construction quality of the deed restricted sale units (or rental units, if
publicly owned) shall be maximized;
2.) The size o£the deed restricted sale units (or rental units, if publicly owned) shall
be maximized considering the economics of the project, including the likely profit on any
free market units and the restrictions on the pricing of the deed restricted sale units;
3.) The development project shall be located considering the criteria contained in the
Citizen Housing Plan; and
4.) The development project shall be located within one-half mile walking distance
(measured from the closest residential structure) from either an existing mass transit stop
or an agency approved planned mass transit stop which will be available prior to the
issuance of any Certificates of Occupancy for the project
2. Density Bonus for Deed Restricted Category Sale Housing Located Outside of the
AH Zone Districts. Deed restricted Category sale housing (or rental housing, if publicly
owned) in all zone districts may be exempted from Growth Management. No incentive is
provided for deed restricted Category rental units, unless publicly owned. As an
additional incentive, the greater of one additional dwelling unit or the total number of
units necessary for any mitigation required pursuant to Subsection 3-130-020 may be
exempted from Growth Management on any lot or parcel located outside of the AH zone
districts. The exemption is subject to special review approval and consideration of the
Citizen Housing Plan. The additional Category sale units (or rental unit, if publicly
owned) may be allowed even if the lot or parcel is substandard in size and the resulting
development on the lot or parcel would not conform with the underlying zone district's
minimum parcel size for each dwelling unit.
B. Deed Restricted Resident Occupied ("RO") Housing Units. Deed restricted
Resident Occupied sale units (or rental units, if publicly owned) in any zone district may
be exempted from Growth Management, subject to compliance with the underlying zone
district. No incentive is provided for deed restricted RO rental units, unless publicly
owned.
C. Density Bonus for Caretaker Dwelling Units ("CDUs"). Caretaker Dwelling Units
("CDUs") may be exempted from Growth Management through special review and the
standards and criteria of this section. As an additional incentive for the construction of
CDUs, one CDU may be allowed and exempted from Growth Management on any lot or
parcel. The one CDU may be allowed even if the lot or parcel is substandard in size and
the resulting development on the lot or parcel would not conform with the underlying
zone district's minimum parcel size for each dwelling unit. The density bonus for CDUs
shall be subject to the following criteria:
1. Attached Caretaker Dwelling Units. The Community Development Director may
permit one Caretaker Dwelling Unit attached to a single family home (hereinafter
"principal dwelling") on any lot or parcel of land which conforms to the minimum lot
area requirements within the R-6, R-15, R-15A, R-30, AFR-2, AFR-10, RS-20, RS-30
and RS-160 zone districts under the following conditions and limitations:
a. Attached caretaker units shall not exceed seven hundred (700) net livable square
feet, except that caretaker units in the R-6 and R-15 zones shall be limited to four
hundred (400) net livable square feet.
b. The floor area of the caretaker unit shall be included in the total allowed floor
area for the lot or parcel of land.
c. There shall be provided one off-street parking space for the caretaker unit.
d. The applicant shall by deed restriction or other permanent commitment running
with the land guarantee that the caretaker unit shall not be required to be rented; not be
sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit; be limited to occupancy by not more
than two (2) adults, and related children, who qualify as (and have been found by the
Housing Office to be) employees of the community under such guidelines as may from
time to time be established by said authority; be ranted for terms not less than six (6)
months if rented. The Caretaker Dwelling Unit may be occupied by members of the
immediate family even though they may not qualify as employees of the community.
"Immediate Family" shall mean a person related by blood or marriage who is a first
cousin (or closer relative) and his or her children.
e. The Caretaker Dwelling Unit restriction may be removed by the property owner
upon approval of the Community Development Director, subject to the requirement that
the dwelling is removed or modified. If modified, the remaining improvements must no
longer be capable of occupancy as a dwelling unit and must meet otherwise applicable
Code requirements.
2. Detached Caretaker Dwelling Units. The Community Development Director may
permit Caretaker Dwelling Units up to seven hundred (700) net livable square feet on any
size lot in the R-30, AFR-2, AFR-10, RS-20, RS-30 and RS-160 zones, and any other
zone districts where caretaker dwelling units are listed as a Special Review use, unless
there is a timely objection pursuant to Subsection 9-150-40, in which case the application
will be considered by the Board of County Commissioner which may approve or deny the
application. The Community Development Director may permit Caretaker Dwelling
Units up to four hundred (400) net livable square feet on any size lot or parcel of land in
the R-6, R- 15 and R- 15A zone districts, and any other zone districts where caretaker
dwelling units are listed as a Special Review use, unless there is a timely objection
pursuant to Subsection 9-150-40, in which case the application will be considered by the
Board of County Commissioners which may approve or deny the application. All such
units may be attached to, or within, the principal dwelling; within a properly approved
outbuilding, or detached. All such units may be approved under the following conditions
and limitations:
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a. The floor area of the caretaker unit shall be included in the total allowed floor
area for the lot or parcel of land.
b. There shall be provided one off-street parking space for each bedroom within the
principal dwelling and one off-street parking space for each bedroom in the caretaker
unit.
c. The applicant shall by deed restriction or other permanent commitment running
with the land, guarantee that the caretaker unit shall not be required to be rented; not be
sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit; be limited to occupancy by not more
than two (2) adults, and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established by said
Authority; be rented for terms not less than six (6) months if rented. The caretaker
dwelling may be occupied by members of the immediate family (as defined in Section 8-
0I), even though they may not qualify as employees of the community.
d. The caretaker dwelling unit restriction may be removed by the property owner
upon approval of the Community Development Director, subject to the requirement that
the dwelling is removed or modified. If modified, the remaining improvements must no
longer be capable of occupancy as a Dwelling Unit and must meet otherwise applicable
Code requirements.
3. No Affordable Housing Credit. The provisions of this regulation are for the
purpose of providing a voluntary unit (or units) on a legally created property in the
County. Any unit granted under this provision of the Code shall not be used for
mitigation of employee housing requirements as established elsewhere in this Code.
D. Single-Family Dwelling Units Created Through the AfIbrdable Housing
Preservation/Planned Unit Development Zone. Single-family free market dwelling units
up to five thousand, seven hundred fifty (5,750) square feet of floor area per unit which
are created through the Affordable Housing Preservation/Planned Unit Development
zone may be exempted from Growth Management. Additional floor area beyond the five
thousand, seven hundred fifty (5,750) square foot exemption may be attained by
obtaining Growth Management allotments or through the use of transferable development
rights. There is no incentive provided for Category deed restricted rental housing in the
Affordable Housing Preservation/Planned Unit Development Zone. (Ord. 23-2000, Att.
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lancec/codeamAH2et al.doc