It is essential for the Town of Mt. Crested Butte to ensure
the provision of housing that is affordable to residents and employees
of Mt. Crested Butte through preservation of existing dwellings and
as a part of new development. The purpose of this chapter of the Code
of the Town of Mt. Crested Butte is to establish regulations and incentives
through which community housing will be produced and preserved in
accordance with the goals and objectives as contained in the Housing
Element of the Town of Mt. Crested Butte's Master Plan. The Community
Housing Guidelines complement this chapter and provides more detailed
guidance for development, rental, and sale of community housing. In
case of conflict between the Community Housing Guidelines and this
chapter, the chapter shall prevail.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20)
When used in this chapter and the Community Housing Guidelines
the following words and phrases shall have the specific meaning as
defined in this section:
shall mean any hotel, lodge, townhome or condominium with
an on-premises front desk and centrally-managed room cleaning service,
that offers rooms or groups of rooms designed for or adapted to occupancy
by guests, available for short-term rental of less than 30 days, and
accessible from common areas without having to pass through another
accommodation unit or residential unit.
shall mean a room or the smallest combination of a group
of rooms that can be rented on a short-term basis as an accommodation
and that contains at least one sleeping area. Lock-off rooms are to
be considered a separate room.
shall mean when the amount spent by a household on rent (not
utilities charged separately) or mortgage payments (principal, interest,
and taxes) does not exceed 30% of the household's gross combined income.
shall mean the median annual income for Gunnison County,
as adjusted for household size, that is calculated and published annually
by the Department of Housing and Urban Development (HUD) or any successor
index.
shall mean a household making less than 80% of the local
AMI as published annually by HUD.
shall mean a household making between 81% and 120% of the
local AMI as published annually by HUD.
shall mean the total floor area of a structure or portions
thereof that are not for residential occupancy, including garages,
within the enclosing walls measured to the outside surface of the
building's enclosing exterior walls.
shall mean units restricted for occupancy by eligible households
that meet size, forsale price, and rental requirements and that are
deed restricted in accordance with a covenant approved by the town
council of the Town of Mt. Crested Butte.
shall mean the document that contains the procedures and
guidelines for complying with the requirements of Chapter 22 of the
Code of the Town of Mt. Crested Butte.
shall mean an enduring covenant placed on units that identifies
the conditions of owner-ship and occupancy of the units to eligible
households, and may control the prices of for-sale units, initially
and/or upon resale. A template deed restriction is included in the
Guidelines.
shall mean an increase over the maximum number of units and/or
square footage normally permitted in any zone district.
shall mean the entire plan to construct or place one or more
dwelling units on a particular parcel or contiguous parcels of land
within the town including, without limitation, a planned unit development,
site review or subdivision approval. Excludes dwelling units constructed
by a school, hospital, local government or similar public institution
for the exclusive use of its employees, patients, or enrolled students.
shall mean a household that is comprised entirely of one
or more residents who meets each of the following: (1) employed in
Gunnison County working an average of at least 30 hours per week;
(2) Earns at least 80% of their adjusted income from a business, government,
or organization operating in and/or serving the County and its residents;
(3) has gross income that does not exceed guidelines established annually
based upon the AMI; and (4) 80% of the household's income must consist
of wages and salaries earned within Gunnison County or distribution
of profits from business operations within Gunnison County unless
the household is headed by a retired resident.
shall mean a unit located within the town, which existed
prior to the development which requires community housing.
shall mean residential units upon which there are no restrictions
on the occupancy, price or resale.
shall mean the total income of a household derived from employment,
business, trust or other income producing assets include wages, alimony
and child support, distributions and before deductions for expenses,
depreciation, taxes and similar allowances.
shall mean one or more persons who intend to live together,
on a property as a single housekeeping unit.
shall mean the Gunnison Valley Regional Housing Authority,
or any comparable governmental agency selected by the Town of Mt.
Crested Butte, Colorado responsible for the administration of community
housing.
shall mean the amount paid for rent plus utilities, or for
the principal, interest, taxes, insurance and any homeowner association
dues. It includes all payments necessary to prevent loss of the right
to own or occupy a property through failure to pay in a timely manner.
shall mean the fund in which monies collected shall be deposited
and from which they shall be expended, to plan, design, construct,
purchase, maintain and administer community housing units.
shall mean the U.S. Department of Housing and Urban Development.
shall mean the mandatory provision of community housing units,
or financial contribution to the housing fund, as a requirement for
development approval.
shall mean the income amounts on which the eligibility of
households is based expressed as percentages of the AMI and in absolute
dollar amounts, updated annually and contained in the Community Housing
Guidelines.
shall mean water, sewer, telephone, natural gas, electric,
cable television and any other utility installations; streets, curb
and gutters; storm drainage systems.
shall mean a covenant placed on lots or parcels that conveys
the conditions of the deed restrictions that will be filed upon community
housing units built on the lots or parcels.
shall mean a location for community housing units other than
the parcel, lot or PUD where the residential or commercial development
that generates the requirement for community housing units is located.
shall mean the maximum purchase prices that may be paid by
any purchaser of a property, other than the initial purchaser who
acquires the property from the GVRHA or a developer, that is determined
in accordance with the provisions in Part IV of the Guidelines. The
maximum resale price is not a guaranteed price, but the highest price
an owner may obtain for the sale of the property which includes considerations
paid to the owner.
shall mean a map and supporting materials of described land
prepared in accordance with subdivision regulations as an instrument
for recording of real estate interests with the county clerk and recorder.
shall mean business, nonprofit, government agency or essential
service provider whose business address is located within Gunnison
County, employs persons who reside in Gunnison County, has fulltime
employees who perform work in Gunnison County, and whose business
taxes are paid in Gunnison County.
shall mean the total floor area of a residential structure,
including garages, within the enclosing walls measured to the outside
surface of the building's enclosing exterior walls.
shall mean a structure or portion of a structure, other than
a mobile home, that is designed, occupied or intended to be occupied
as living quarters and includes facilities for cooking, sleeping and
sanitation; but not including hotels, motels, clubs, boarding houses,
or any institution where human beings are housed by reason of illness
or under legal restraints.
Duplex unit
shall mean a unit within a single building containing two
units and under a single roof.
Multi-family unit
shall mean a unit within a development consisting of three
or more residential units in one or more buildings with a predominately
attached design, including apartments, condominiums and townhomes.
shall mean an employee who is hired into a position for which
the period of employment is six months or less.
shall mean a dormitory-style unit with a shared kitchen,
bath and living room with a minimum of two private bedrooms and a
maximum of four private bedrooms containing a minimum of 220 square
feet of living space per bedroom intended primarily for occupancy
by seasonal employees.
shall mean a unit located on a separate lot or tract that
has no physical connection to a building located on any other lot
or tract.
shall mean the town manager or designee whose duty it is
to enforce the zoning regulations of this chapter.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 04-01, § 1, 1-20-04; Ord. No. 20-7, § 1, 9-1-20)
It is preferred that community housing be provided on the same
site as the development that triggered the requirement for the units
to be developed. Alternative off-site locations within Mt. Crested
Butte may be allowed if one or more of the following conditions exist:
(a)
Disturbances
from short-term vacation accommodations and commercial and incompatible
civic uses that cannot feasibly be buffered from the community housing
units.
(b)
The number
of community housing units to be built off site or existing units
to be acquired is at least 15% greater than the number required.
(c)
The units
to be built off site or existing units to be acquired exceed by at
least 15% the minimum and average size requirements, offer amenities
not required but desired, and/or offer superior energy efficiency/utility
savings.
(d)
The location
of the development for which community housing units must be included
is not served by transit or convenient to employment centers.
(e)
The off-site
location or location of existing units to be acquired is convenient
to transit and employment centers, and in proximity to other primary
residences such that a sense of neighborhood is fostered.
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Off-site development and existing units to be acquired must
be approved in accordance with the procedures defined in the Guidelines.
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(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 04-01, § 2, 1-20-04; Ord. No. 20-7, § 1, 9-1-20)
Community housing units shall meet local building codes and
be built to a standard that will enhance durability over time. Energy
efficient designs, appliances and heating systems are encouraged so
that the long-term affordability of community housing is enhanced.
See the Guidelines for additional detail on quality standards.
Proposed existing units to be used to satisfy the community
housing requirements must comply with the safety requirements of the
current editions of the applicable building codes, shall be in a clean
condition. and resemble a residence with an age of five years or less.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 04-01, § 3, 1-20-04; Ord. No. 20-7, § 1, 9-1-20)
If a community housing unit is developed for sales purposes
as part of a development that has a homeowner's association, then
any documents creating the condominium association or homeowner's
association shall state that the community housing unit shall only
be assessed monthly dues and other shared assessments not to exceed
those in the Community Housing Guidelines, as updated periodically.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20)
An applicant for any new residential or commercial development
within the Town of Mt. Crested Butte shall submit a community housing
plan or statement of exemption to the Town of Mt. Crested Butte for
approval.
(a)
The community
housing plan shall include the elements listed in Appendix D of the
Guidelines.
(b)
The community
housing plan shall be submitted to and approved by the Town of Mt.
Crested Butte prior to, or concurrent with, application to the Town
of Mt. Crested Butte for the free market portion of the initial development
plan. For development of single-family residences, the zoning administrator
shall have the responsibility for approving or denying the community
housing plan. For developments that only require planning commission
approval, the planning commission shall have responsibility for approving
or denying the community housing plan. For developments that require
town council approval, the town council shall approve or deny the
community housing plan. Any amendment to the community housing plan
shall require the approval of the planning commission or town council,
whichever body approved the initial plan.
(c)
The town
manager shall certify its approval, approval with conditions, or denial
of the community housing plan. Such approval, approval with conditions,
or denial shall be based on compliance with the provisions of this
chapter and the Community Housing Guidelines.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20)
The town manager of the Town of Mt. Crested Butte shall publish
the Community Housing Guidelines for the development and management
of community housing including the provision of incentives to developers.
The Guidelines shall be updated annually to reflect changes in income
limits, fees in lieu. and initial sales prices.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20)
Applicants shall satisfy the housing minimum requirements established in this chapter by submitting a community housing plan, pursuant to the requirements of Article I, section 22-6, Community housing plan required, specifying how community housing requirements are to be addressed. The following options are allowed:
(a)
Construction
of unit(s) on the site where the development that generates the employee
housing demand is proposed.
(b)
Construction
of units off site or acquisition of existing units, as a less preferred
method, subject to the approval of the town council of the Town of
Mt. Crested Butte and any other applicable provisions of this Code,
provided that such land, site, or structure has not been previously
restricted to employee or community housing. Such off-site units or
existing units may be permitted where the town council of the Town
of Mt. Crested Butte determines that the goals and objectives for
community housing can be adequately addressed through off-site development
or acquisition of existing units.
(c)
Payment
of cash in-lieu in any case where the number of units required is
a fraction and in other cases subject to the approval of the Town
of Mt. Crested Butte in accordance with the Community Housing Guidelines.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 04-01, § 4, 1-20-04; Ord. No. 20-7, § 1, 9-1-20)
If certificates of occupancy are issued for community housing
units prior to the time that they are required under this chapter,
Article II, Inclusionary Zoning, or Article III, Employee Housing
Mitigation, credit for the units can be applied to future commercial
or residential development. Each community housing unit produced will
count as credit for one unit that can be applied to requirements in
effect at the time that the application for the free market residential
or commercial development is submitted.
(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20)
Developments that contain community housing units beyond what
is required by Articles II and III of this chapter may be eligible
at the town council's discretion for the following:
(a)
A reduction
in parking requirements based on the availability of public transit,
off-site parking and the potential to share parking spaces with commercial
users. Parking usage patterns can be taken into account when determining
the amount of parking required.
(b)
A density
bonus allowing an increase in the density of allowable square footage
and/or units of both free market and community housing.
(c)
A possible
increase in the allowable height of buildings provided that view corridors
are not obstructed.
(d)
A priority
over other applications that are being reviewed by staff, the planning
commission or the town council. At each phase of its review, the application
shall be placed on the first scheduled commission or town council
agenda for which it can be properly noticed.
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Applicants within the downtown development authority (DOA) boundaries
are encouraged to work with the DOA on public facilities and community
housing.
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(Ord. No. 02-03, § 2, 1-21-03; Ord. No. 20-7, § 1, 9-1-20; Ord. No. 21-9, § 1, 11-2-21)
