CITY OF GLENWOOD SPRINGS MUNICIPAL CODE

Excerpt

ARTICLE 070.130

Inclusionary Residential
Requirements for Community Housing

070.130.010  In General.  (Ad 24-01 §1)

070.130.020  Definitions.

The terms, phrases, words and clauses in this Article shall have the meaning assigned below.  Any terms, phrases, words and clauses not defined herein shall have the meaning as defined in this Code.  Any terms, phrases or words not defined in this Code shall have meaning assigned in Webster's Third New International Dictionary, 1993, Unabridged.

Community housing means a residential lot or separate dwelling unit that is deed-restricted in accordance with a deed restriction approved by the City Council or its delegate.

Development means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, logging, excavation, landfill or land disturbance; or any use or extension of use that alters the character of the property.

Dwelling means a building or portion thereof used for residential occupancy.

Dwelling, two-family means one (1) building on one (1) lot designed to be occupied by two (2) families living independently of each other.

Employee dwelling unit means a separate community housing unit that meets the following criteria:

a.  Is located within or attached to a nonresidential development, but has a separate entrance from the nonresidential portion of the development;

b.  Is not accessed from another residential dwelling;

c.  Is detached from the nonresidential development but located on the same lot, parcel or subdivision; and

d.  Is located at an approved site at a location different than the site of the employment generation.  (Ad 24-01 §1)

(Ad 24-01 §1)

070.130.030  Purpose.

The purpose of this Article is to mitigate the impact of market rate housing construction on the limited supply of available land suitable for housing.  This mitigation will prevent the City's zoning regulations applicable to residential development from having the effect of excluding housing that meets the needs of all economic groups within the City.  This is accomplished through the establishment of community housing requirements for such development which requires a portion of all new residential development to be set aside for community housing purposes as a condition of approval for such development.  (Ad 24-01 §1)

070.130.040  Applicability.

Community housing shall be required as a condition of approval for all residential development, including:  annexations, planned unit development, major and minor subdivisions and major and minor development permits.  In the interest of maintaining fairness and simplicity, all fractions shall be rounded to the nearest whole number.  (Ad 24-01 §1)

070.130.050  Exemptions.

The following development is exempt from the requirements of this Article:

(1)  Community housing and designated employee dwelling units.

(2)  Single-family and two-family dwellings on a single pre-existing lot.

(3)  Vested land use approvals pre-dating the adoption of the ordinance codified herein.  (Ad 24-01 §1)

(Ad 24-01 §1)

070.130.060  Residential development requirements.

(a)  Residential development mitigation requirements.  All new residential subdivisions and all new multiple-family residential developments shall set aside lots or units for community housing as follows:

(1)  Fifteen percent (15%) of lots in each new subdivision shall be deed-restricted for community housing.

(2)  Fifteen percent (15%) of units in each new multiple-family development shall be deed-restricted for community housing.

(3)  For projects that result in a fraction of a required unit, a fee in-lieu shall be paid.

(b)  Determination of mix of units.  The mix of community housing units for purchase shall average a price affordable to households at one hundred percent (100%) of the Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and published annually.  The affordable price will be calculated based on principal, interest, taxes, insurance and homeowners' association dues not to exceed thirty-three percent (33%) of gross household income.  The calculation will assume a ninety-five-percent loan to value ratio, thirty-year mortgage at prevailing interest rates.  The average may be achieved by providing units affordable to households earning up to 120% of the AMI with sales prices as specified for the income categories in the Glenwood Springs Affordable Housing Guidelines, which sales prices when averaged are affordable to households earning 100% of the AMI. 

(Ad 24-01 §1; A 17-06 §1)

070.130.070  Prioritization of preference for community housing location.

The following is a prioritization of the preferred location of community housing.

(1)  On-site housing.

(2)  Off-site housing, including both "buy downs" of existing units and/or construction of new units, but within the City.  Consideration shall be given to the proximity of the off-site units to schools, public transportation and shopping.

(3)  Cash in lieu of providing housing.  (Ad 24-01 §1)

(Ad 24-01 §1)

070.130.080  Minimum requirements.

(a)  Deed restrictions.  Any community housing required by this Article shall be deed-restricted, in accordance with a deed restriction enforceable in the State, as approved by the City Attorney, to rental or ownership and occupancy by the project developer or to persons who live or work in the City.  Deed restrictions shall be prepared in accordance with the Glenwood Springs Community Housing Guidelines.

(b)  Housing Guidelines.  The units shall be developed and shall comply with the size, design and occupancy standards established within the Community Housing Guidelines.

(c)  Timing of occupancy.  The units shall be ready for occupancy no later than the occupancy of the free market portion of the project.  If the free market units are to be developed in phases, the community housing units can be developed in proportion to the phasing of the free market units.

(d)  Homeowners' association dues and assessments.  If the community housing unit is developed as part of a mixed free market/community housing development project for sales purposes, any documents creating the condominium association or homeowners' association shall state that community housing units shall be only assessed monthly dues and other shared assessments based on whichever of the following two (2) formulas results in the lower cost for the community housing unit:

(1)  The size of the employee dwelling unit in square feet as compared to the total size of the other units in the development; or

(2)  The size of the lot on which the employee dwelling unit is located as compared to the total size of the other lots in the development.  (Ad 24-01 §1)

(Ad 24-01 §1)

070.130.090  Housing mitigation plan.

(a)  Housing mitigation plan required.  An applicant for any new residential development permit, subdivision or annexation within the City shall submit a housing mitigation plan to the Community Development Department, unless otherwise exempted.

(b)  Content.  The housing mitigation plan shall include the following:

(1)  Calculation and method.  The calculation of and method by which housing is to be provided, in compliance with residential development requirements.

(2)  Unit descriptions.  If community housing units are to be developed, a site plan and building floor plans illustrating the number of units proposed, their location, the number of bedrooms and size of each unit, the rental/sales mix of the development and the categories to which each unit is to be restricted.

(c)  Timing of review/amendments.

(1)  Submittal of housing mitigation plan.  The housing mitigation plan shall be submitted to the Community Development Department concurrent with the application for the free market portion of the project.  Any subsequent amendment to the housing mitigation plan shall require City Council approval.

(2)  City Council Review.  The City Council shall review the housing mitigation plan at its regularly scheduled meeting following a recommendation for approval of the development by the Planning and Zoning Commission.  Such approval, approval with conditions or denial of the Housing Mitigation Plan shall be based on compliance with the provisions of this Article and the Community Housing Guidelines.

(3)  Appeal.  The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State. 

(Ad 24-01 §1; A 17-06 §2)

070.130.100  Density bonus and development incentives for community housing.

(a)  Purpose.  The discretionary provisions of this Article provide density bonuses and other incentives to encourage the construction of community housing within the City and to reduce the financial impact of the community housing that is required by the inclusionary residential requirements.

(b)  Residential incentives.  The following considerations may be granted to the developer in compliance with the provision of community housing units in compliance with this Article:

(1)  The minimum required lot size may be reduced by fifteen percent (15%);

(2)  Building setbacks may be reduced by twenty percent (20%);

(3)  Justification of an increase in building height for a special use permit in the C-2 Zone District;

(4)  Waiver of fees in accordance with Section 070.010.061 of this Code;

(5)  A one-percent reduction in mitigation may be achieved for each free market unit which is one thousand (1,000) square feet or less in size;

(6)  A one-percent reduction in mitigation may be achieved for every owner-occupied market rate unit, provided that they are deed-restricted in accordance with Subsection 070.130.080(a);

(7)  A one-percent reduction in mitigation may be achieved for each residential unit located within four hundred (400) feet of an existing transit stop;

(8)  A one-percent reduction in mitigation may be achieved for each residential unit located in a mixed use project combining residential with office, retail, commercial or industrial uses; or

(9)  A one-percent  reduction in mitigation may be achieved for each free market residential unit that has an initial sales price at least five percent (5%) below the sales price achievable by a buyer with an income of one hundred twenty percent (120%) of AMI.

Any combination of incentives (5) through (9) above may be applied to reduce the residential mitigation requirement; provided, however, that in no case shall the residential mitigation requirement be reduced to less than ten percent (10%).

(c)  Compatibility with surrounding neighborhood.  The proposed character and density shall be compatible with the surrounding land uses and neighborhood character, and suitable for the proposed site.  The development shall comply with all other applicable land uses.  (Ad 24-01 §1)

(Ad 24-01 §1)