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There are three types of deed restricted dwelling units that may be exempted from Growth Management:
- Deed restricted Category affordable housing sale units and publicly owned Category affordable housing rental units;
- Resident Occupied ("RO") deed restricted sale units and publicly owned RO rental units; and
- Deed restricted caretaker dwelling units ("CDUs").
- [Reserved]
There is no exemption provided for privately owned deed restricted rental units. Publicly owned Category and RO rental units are eligible for exemption.
(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 exemptions for the development of Category affordable housing units are provided through Growth Management as follows:
(1) 70/30 Development Projects in the AH/PUD Zone
The development of projects containing a minimum specified mix of seventy (70) percent deed restricted Category and RO sale housing and a maximum of thirty (30) percent free market housing may be exempted from Growth Management to create an incentive for the production of deed restricted category affordable housing. Where the project is publicly owned, 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/PUD Zoning Required
- 70/30 development project shall only occur in the AH/PUD zone.
- (b) Compliance with Housing Designee Goals and Deed Restrictions Required
- A 70/30 development project shall 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 shall 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:
- (d) Minimum Design and Locational Criteria
- 70/30 development projects shall comply with the following minimum design and locational criteria:
- The construction quality of the deed restricted sale units (or rental units, if publicly owned) shall be maximized;
- The size of 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;
- The development project shall be located considering the criteria contained in the Citizen Housing Plan; and
- The development project shall be located within one-half (1/2) mile walking distance (measured from the closest residential structure) from either an existing mass transit stop or an agency approved planned mass transit stop that will be available prior to the issuance of any Certificates of Occupancy for the project.
- 70/30 development projects shall comply with the following minimum design and locational criteria:
(2) Deed Restricted Category Sale Housing Located Outside of the AH Zone Districts
- (a) Deed restricted Category sale housing (or rental housing, if publicly owned) in all zone districts may be exempted from Growth Management. No exemption 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 approved pursuant to Sec. 8-30 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 pursuant to the criteria of Sec. 2-30-30(h)(2) and consideration of the Citizen Housing Plan. The additional Category sale units (or rental units, 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 provisions of the underlying zone district. No exemption is provided for deed restricted RO rental units, unless publicly owned.
- (c) Caretaker Dwelling Units ("CDUs")
- One (1) Caretaker Dwelling Unit ("CDU") may be exempted from Growth Management on any lot or parcel located in a zone district in which a CDU is an allowed use, a use allowed by special review, or a use allowed as part of a master plan, as shown in Table 4-1. The 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 to the underlying zone district's minimum parcel size for each dwelling unit, subject to the standards in Sec. 4-30-50(e). The CDU may be either attached to a single-family dwelling unit ("principal dwelling") or other use or may be detached from the principal dwelling or other allowed use if it complies with the standards in Sec. 4-30-50(e).
- (d) Employee Dwelling Units (“EDU”s)
[Reserved]
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