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HomeMy WebLinkAboutordinance.council.046-01 ORDINANCENO. 46 (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470, THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020, AND ESTABLISHING DEFINITIONS FOR "DETACHED STRUCTURE" AND "ASPEN INFILL AREA," SECTION 26.104.100, OF THE LAND USE CODE. ! ~ WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Accessory Dwelling Unit Program provisions of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to Sections 26.520, 26.470, 26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the amendments to the Growth Management Quota System (GMQS), as proposed herein, shall not be implemented retro-actively upon existing Accessory Dwelling Units but shall apply to properties seeking an exemption from GMQS on or after the date of final adoption ofthese amendments; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Accessory Dwelling Unit Program on November 6, 2001, took and considered public testimony and the recommendation of the Community Development Director and recommended, by a seven to zero (7-0) vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to the land use code by amending the text of Sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, Ordinance No. 46, Series of2001 Page 1 WHEREAS, the City Council finds that the proposed text amendments to the Accessory Dwelling Unit Program meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.520, Accessory Dwelling Units, which section defines, describes, authorizes, and regulates the process for developing and requirements for operating an Accessory Dwelling Unit, is hereby amended to read as follows: 26. 520.010 26. 520.020 26. 520.030 26. 520.040 26. 520.050 26. 520.060 26. 520.070 26. 520.080 26. 520.090 26.520 Accessory Dwelling Units Purpose Definition Authority Applicability Design Standards Calculations and Measurements Deed Restrictions, Recordation, Enforcement Procedure Amendments 26. 520.010 Purpose The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long- standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents. ADUs represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as "employee housing." ADUs also help to address the affects of existing homes, which have provided workforce housing, being significantly redeveloped, often as second homes. ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents importantto preserving Aspen's character. ADUs allow second homeowners the opportunity to hire an on-site caretaker to maintain their property in their absence. Increased employee housing Ordinance No. 46, Series of2001 Page 2 opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern, which reduces automobile reliance. Detached ADU's emulate a historic development pattern and maximize the privacy and livability of both the ADU and the primary unit. Detached ADU's are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. To the extent Aspen desires detached Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, detached ADU's qualify existing vacant lots of record and significant redevelopment of existing homes for an exemption from the Growth Management Quota System. In addition, detached ADU's deed restricted as "For Sale" units, according to the AspenlPitkin County Housing Authority Guidelines, as amended, and sold according to the procedures established in the Guidelines provide for certain Floor Area incentives. 26. 520.020 General An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. A detached ADU may only be conveyed separate from the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursuant the Aspen/Pitkin County Housing Authority Guidelines, as amended. An ADU shall not be considered a unit of density with regard to zoning requirements. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family Housing Replacement Program." All ADUs shall be developed in conformance with this Section. 26.520.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve, approve with conditions, or disapprove a land use application for an Accessory Dwelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions, or disapproved, pursuant to Section 26.520.080, Special Review. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission, pursuant to Section 26.520.080, Special Review. Ordinance No. 46, Series of2001 Page 3 Ifthe land use application requesting a variation of the ADU design standards is part of a consolidated application process, authorized by the Community Development Director, requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26.520.080, Special Review. 26. 520.040 Applicability This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and to all Accessory Dwelling Units approved prior to the adoption of Ordinance No. _, Series of 200 1. 26. 520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: 1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a minimum, an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. . 4,. The finished floor height(s) ofthe ADU shall be entirely above the natural or finished grade, whichever is higher, on all sides ofthe structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. Ordinance No. 46, Series of2001 Page 4 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. 26. 520.060 Calculations and Measurements A. Floor Area. ADU's are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020 Calculations and Measurements. B. Net Livable Square Footage. ADUs must contain between 300 and 800 square feet of net livable floor area, unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimensions of the unit. 26. 520.070 Deed Restrictions and Enforcement. A. DeedRestrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: · The ADU shall be registered with the Aspen/Pitkin County Housing Authority. · Any occupant of an ADU shall be qualified as a local working resident according to the current AspenlPitkin County Housing Authority Guidelines, as amended. · The ADU shall be restricted to lease periods of no less then six months in duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. The owner shall retain the right to select a qualified renter. A detached and permanently affordable Accessory Dwelling Unit qualifying a property for a Floor Area Exemption, pursuant to Section 26.575.020(A)(6), shall be deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a qualified purchaser, according to the AspenlPitkin County Housing Authority Guidelines, as amended. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be Ordinance No. 46, Series of2001 Page 5 recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement. The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. 26. 520.080 Procedure A. General. Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU Program. A development application for an ADU shall include the requisite information and materials, pursuant to Section 26.304.030. In addition, the application shall include scaled floor plans and elevations for the proposed ADU. The application shall be submitted to the Community Development Department. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. No retro-active penalties or assessments shall be levied against any bandit unit upon legalization. ADUs require a separate building permit. After a Development Order has been issued for an ADU, a building permit application may be submitted in conformance with Section 26.304.075. B. Administrative Review. In order to obtain a Development Order for an ADU, the Community Development Director shall find the ADU in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part, the applicant may either amend the application, apply for a Special Review to vary the design standards, or apply for an appeal of the Director's finding pursuant to Subsection C, below. An application for an ADU may be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. Ordinance No. 46, Series of2001 Page 6 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the AspenlPitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. C. Appeal of Director's Determination. An appeal of a determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection D, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. A Special Review for an ADU may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose ofthe zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect the ADU for compliance with the Design Standards. Any un-approved variations from these Ordinance No. 46, Series of2001 Page 7 standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy or Certificate of Compliance. 26. 520.090 Amendment of an ADU Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050, or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. B. Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall be reviewed pursuant to the terms and procedures of this Section. Section 2: Section 26.4 70.070(B) subparagraphs 1 and 2, which Section defines, authorizes, and regulates the process for exempting the development of single-family and duplex residences from the scoring and competition and scoring procedures of the Growth Management Quota System (GMQS), is hereby amended to read as follows: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have five (5) options: a. Providing an above grade, detached Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520; or, c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended; or, e. Recording a Resident-Occupancy (RO) deed restriction on the single- family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have six (6) options: Ordinance No. 46, Series of2001 Page 8 a. Providing one free market dwelling unit and one deed restricted Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, b. providing either two above grade, detached Accessory Dwelling Units or one above grade, detached accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; or, c. Providing either two Accessory Dwelling Units or one Accessory Dwelling Unit with a minimum of 600 net livable square feet authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Section 26.520; or, d. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the AspenlPitkin County Housing Authority and deed restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, as amended; or, e. Providing two deed restricted Resident-Occupied (RO) dwelling units; or f. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Section 3: Section 26.104.100, which section defines terms used in the Land Use Code, is hereby amended to include the following terms: Structure, detached. A structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Aspen Infill Area. That geographical area of Aspen east of Castle Creek and south of the Roaring Fork River. Section 4: Section 26.575.020(A)(6), which section defmes the method in which Floor Area is calculated for Accessory Dwelling Units and attributed to the allowable Floor Area for the parcel, is hereby amended to read as follows: 6. Accessory Dwellin);( Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemption as described below: Detached and permanently affordable ADU Floor Area Exemption. One Hundred (100) percent of the Floor Area of an ADU which is detached from the primary residence and deed restricted as a "For Sale" affordable housing unit and transferred to a qualified purchaser in accordance with Ordinance No. 46, Series of2001 Page 9 the AspenlPitkin County Housing Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area. Section 5: This Ordiuance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on the Ordinance shall be held on the 17th day of December 2001, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance No. 46, Series of2001 Page 10 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2001. Attest: " _ )4h~~ 'Kathryn-S. ch, City Clerk FINALLY, adopted, passed and approved this 17'h day of December, 2001. Attest: Approved as to form: ~ ity Attorney Ordinance No, 46, Series of2001 Page 11