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Home My WebLink Aboutordinance.council.047-01 ORDINANCE NO. 47 (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 OF THE LAND USE CODE, CREATING A PROCESS FOR RELIEVING PROPERTIES OF MANDATORY OCCUPANCY ACCESSORY DWELLING UNIT DEED RESTRICTIONS. WHEREAS, Alan Richman and Nicholas McGrath, on behalf of Linda and Kenneth Lay - property owners of 270 North Spring Street, have applied for a text amendment to the Land Use Code to create a process to eliminate a Mandatory Occupancy Accessory Dwelling Unit deed restriction and maintain the Floor Area bonus granted in exchange for such restriction; and, WHEREAS, the amendments requested relate to Sections 26.520.070 and 26.520.090 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 Planning 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 Community Development Director recommended approval of amendments to Sections 26.520.070 and 26.520.090 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, 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 Zon/ng Commission, and has taken and considered public comment at a public hearing; and, 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, Ordinance No. 47, Series of 2001 Page 1 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 26.520.070, Accessory Dwelling Units - Deed Restrictions and Enforcement, which section describes, authorizes, and regulates the types of deed restrictions and enforcement thereof for Accessory Dwelling Units, is hereby amended to read as follows: 26. 520.070 Deed Restrictions and Enforcement. A. Deed Restrictions. 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 Aspen/Pitkin County Housing Authority Guidelines, as amended. · The ADU shall be restricted to tease periods of no less then six months in duration, or as otherwise required by the current Asper~Pitkin County Housing Authority Gnidelines. Leases must be recorded with the Housing Authority. 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 Aspen/Pitkin County Housing Authority Gnidelines, as amended. Accessory Dwelling Units deed restricted to Mandatory Occupancy in exchange for a Floor Area Bonus, prior to the adoption of Ordinance 46, Series of 2001, shall be continuously occupied by a local working resident, as defined by the Asper~Pitkin County Housing Authority, for lease periods of six months or greater, unless the owner is granted approval to remove that restriction pursuant to Section 26.520.090 (A), Insubstantial Amendments. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be 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 AsperffPitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. Ordinance No. 47, Series of 2001 Page 2 Section 2: Section 26.520.090(A), Accessory Dwelling Units - Insubstantial Amendment, which section describes, authorizes, and regulates the process for amending an approval for an Accessory Dwelling Unit, is hereby amended to read as follows: 26. 520.090 Amendment of an ADU Development Order A. Insubstantial Arnendment. 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. 3. An amendment application that proposes to remove a Mandatory Occupancy ADU deed restriction placed on the property prior to adoption of Ordinance No. 46, Series of 2001, may be approved if all of the following criteria are met: a. The mandatory occupancy deed restriction shall have been recorded on the property for a minimum of three (3) years prior to the date of application for its removal. The applicant shall demonstrate a change in circumstances supporting the request to remove the restriction. b. The Mandatory Occupancy deed restriction on the ADU is replaced with the minimum ADU deed restriction allowing voluntary occupancy; and, c. The applicant has obtained approval either: 1. From the City of Aspen to develop a deed restricted affordable housing unit on a site that is not otherwise required to contain such a unit or from the Aspen/Pitkin County Housing Authority to convert an existing free- market unit and deed restrict the unit to affordable housing status. The replacement affordable housing unit shall be within the Aspen Infill Area, shall be of a comparable size and type as the ADU, shall be accepted by the Aspen/Pitkin County Housing Authority, and shall be deed restricted as a Category 3, or lower, sales unit according to the Asper~Pitkin County Housing Guidelines, as amended; or, 2. From the Asper~Pitkin County Housing Authority to pay an affordable housing conversion fee, calculated according to the following formula: ~square footageN~ ( assessed value of parcel ) plus improvements Spayment = ~ of bonUsfloorI x ~,area ,,~ floor area of residence (excluding bonus FAR) Ordinance No. 47, Series of 2001 Page 3 Notes: · The assessed value of the lot plus improvements shall be that value assigned to the lot and improvements in the most current assessment made by the Pitkin County Assessor. · The Floor Area of the residence shall be calculated pursuant to Section 26.575.020 (A), as amended. · Payment shall be made in compliance with the applicable requirements for payment-in-lieu contained in the AsperVPitkin County Housing Guidelines, as amended. d. The structure granted the bonus Floor Area shall be considered a legally created Nonconforming Structure and subject to the provisions of Section 26.312. Section 3: This Ordinance 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 4: 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 5: 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 6: 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. 47, Series of 2001 Page 4 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: ~ Kathryn ~S~ch,~ity ~clerk FINALLY, adopted, passed and approved this 17~ day of December, 2001. Attest: Kathryn S. I~h, City ~l~rk Approved as to form: C~.jT~Attorney r Ordinance No. 47, Series of 2001 Page 5