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Home My WebLink Aboutcoa.lu.ca.Adu.A019-98ADU Program Changes cl� —4 A019-98 C n November 15, 1999 Re: Accessory Dwelling Units ASPEN • PITKIN COMMUMTY DEVELOPMENT DEPARTMENT Dear Development Community: The City of Aspen has adopted amendments to the Accessory Dwelling Unit (ADU) Program. The attached Ordinance should answer the majority of your questions. The major highlights of the new program are as follows: • ADO' S continue to exempt single-family and duplex development from the growth management system. • The cash -in -lieu option remains available for an exemption from growth management. Currently, this payment equals $42.67 per square foot of additional FAR. There remains a credit for replaced FAR. • ADU's meeting the Design Standards may be approved by staff. The Design , Standards may be found on page 4 of the Ordinance. Variances from these standards require a public hearing with the Planning and Zoning Commission. • FAR: The Floor Area incentive may be found on page 10 of the Ordinance. 1. An ADU attached to the primary residence and with no rental requirement counts toward the FAR for the property as would any other room of the house. The same provisions for calculating sub -grade areas apply. 2. The net livable space of an ADU that is either detached from the primary . residence or deed restricted to mandatory occupancy is excluded 50% from the calculation of FAR. 3. The net livable space of an ADU that is both detached from the primary residence and deed restricted to mandatory occupancy is excluded 100% from the calculation of FAR. If you have additional questions about this Ordinance, please call the City Planning Department. 920.5090. Si cerely, Chris Bendon, AICP Senior Planner, City of Aspen 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Printed on Recycled Paper November 23, 1999 Development Review Committee Aspen. ASPEN PITKIN Re: Accessory Dwelling Unit (ADU) Program — Review PANW. DEVELOPMENT DEPARTMENT Dear DRC Members: The City recently adopted a revised Accessory Dwelling Unit (ADU) Program. As part of this revision, ADU's are now a permitted use with a set of design standards rather than a conditional use with an individual review of each unit. ADU's that meet these Design Standards may be approved by the Community Development Director as long as a deed restriction has been accepted by the.Housing Authority. Prior to a=building permit application may be accepted, the deed restriction would need to be recorded. The Community Development Department will be referring these staff level ADU applications only to the Housing Authority for their preliminary review of a deed restriction. DRC discussions will not be held for these reviews. ADU's will still require a building permit and technical considerations for site development may be reviewed by individual agencies at that time. ADU's that do not meet the minimum design standards will be forwarded to the Planning and Zoning Commission. In this case, referrals will be requested from several agencies and a DRC discussion will be held. Attached is the approving Ordinance. I'd like to briefly go over this Ordinance at our next DRC meeting and answer any of your questions. If you cannot attend, I can answer any questions you may have over the phone. 920.5072. S' cerely, Chris Bendon, AICP Senior Planner, City of Aspen 130 SOUTH GALENA STREET • ASPEN, COLORADo 81611-1975 - PHoNE 970.920.5090 • FAx 970.920.5439 Printed on Recycled Paper • -� N t Q vepp�� O M M LL a oG�� T h t ° N \./ N e �e� � M N ti � H Q a 2 ) 1� 1� Q) E E a) i L E Q) y.+ C) C Qan0oroca oU-o� U)0)0 CL o°o CL o M�cO?, i� R3 -0 C (C: ` CZ C c O N -0 co Q) L= CZ a a) �, .O E a s O Co O T- i C C.. r c0 ro cti a m CD U m O cD CL a c_n N O _ C O C" E a Q Q C�C y`ZOD p— �Eoom 0.ocU°cn C '». O U -0 CZ M N O' o E w a) O U a- - a- M� :: " 3: � 70 - m C7 Q� a) m� >� co aQ 0) C: dN vop css L H.T) 0 amp C"ZU))000Lo E ci-F: cna) aa) _7 �2 G O �sFa� ,y y �p N L 3qy y L yE�y C L C C7� N N C� T LOo- L LL �� CJ O N 41 L VI FC} O T W E �' y a -•Q' L �°' y9 0 _ NOD M C p;nC rS G G a- 4a��zF•. 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Line and 2, 498 ft. roprlation Date: November 17, 1976; In-house domestic use for one single, a acre of lawns and gardens located in T. 7 S.. R. 67 W. of the 6th P.M. asor in .interest was issued Permit ►saber 17.,'1476.- Applicants' OK their' wall under this permit ="I It'went ^•.t bal _rgency permit No. 96-VE-S12, to 033 cfs at a point located in the SE1/4 87 M. of the 6th P.M. at a point 2000 - 1,500 ft. East of the West Sec. Line.' Lacement well and are diverting water ,>plicgnta claim a change of water right Bowers well No. 1 as it is now drilled Jwner of Land on which Structures Are NW 53rd Street, Boca Raton, PL 33496. JLY OF OWL OtEER, TRIBUTARY TO ROARIRG vial Finding of Reasonable Diligence. =ship, c/o Patrick 4 Stowell, P.C., 730 CO 81611, (970) 920-1028. Name of Pond, Duck Pond, and Elk Wallow Pond. ;hts: Date of original Decree: June 3, Case No. 86CW278, water Division No. jam axis is located at a point on the arter Corner of Section 9, Township 10 bears North 3• East 1480 feet: thence est of the dam (SENW) (Pitkin County). d at a point on the crest of the dam ;ection 9, Township 10 South, Range e5 , East 3070 feet; thence South 46- West ':NBSw) (Pitkin County). Duck Pond: The nship 10 South, Range 85 West of the 6" of said Section 9 bears North 22• East Wallow Pond: The dam axis is located at e the North Quarter Corner of Section 9, the 6" P.M., bears North 19• East 4570 The source is an unnamed tributary of Fork River. Said unnamed tributary 1 Creek Ditch. Appropriation date: As to 8, 1986. Conditional amount: Marolt arolt Pond: 4.0 a.f., Conditional. Duck llow Pond: 0.20 a.f., conditional. Use: domestic. Absolute decree awarded for .lion and piecatorial purposes. Marolt Absolute decree awarded for livestock, rposes. Duck Pond: Conditional uses of catorial and fish propagation purposes. f domestic, irrigation, livestock, and ine of work performed toward completion of water to the conditional uses decreed d, including expenditures. During the Applicant bag spent $97,597.00 for .ces, $5,200.00 for permits and fees, 23.00 for infrastructure improvements, -e costs, $23,800.00 for landscaping, and S. In total, the Applicant has spent the relevant diligence period. These .at which development is the demand for If claim to make absolute, date, use and use: Date: n/a. Use: n/a. Amount: n/a. 2r 12, 1993. Remarks: The subject rights supply project which encoepasses and Case Nos. 99CW106 (previously 93CW047), .02. (4 pages) 7UN1Y - ROARING FORK RIVER. Jean M Blue -ale, CO 81623 970-963-2653. Surnyside n for Finding of Reasonable Diligence. Location: SMl/4SE1/4 Sec. 25, T. 7 S., he SE corner of said Sec. 25 bears South 7ropriation: October 26, 1987. Amount: ng, duet 'suppression and manufacturing ation contains a detailed outline of the ,eriod. (2 pages) PITKIW COUNI'M - GROUNDWATER TRIBUTARY PORK RIVER; PRYING PAN RIVER, TRIBUTARY :O COLORADO RIVER. Roger and Amelia and Dendy Beisel Esq., Balcomb 4 Green, ,ve., Glenwood Springs, CO 81602, (970) Water Right and Plan for Augmentation. `. change is sought: Ba a1t Conduit. ,te Entered: June 20, 1958, Case No. W- t Court. Decreed Point of Diversion: ersion for the Basalt Conduit is located Lver in the NEW of the NWU of unsurveyed P.M. at the head of the outlet tube for of Sec. 7 of T. 8 S., R. 84 W. of the :tance of 2,017.1 ft. in Eagle County. Amount: 450 cfs. Use: Generation of Lnieipal, stock watering, piscatorial and uit seeks an alternate point of diversion of 0.033 cfs (15 gpm) at the Eshelman bed as follows: Location: SW1/4NE1/4 of th P.M., at a point 2,200 ft. from the the Bast sec. line, in Garfield Counc alt Water Conservancy District ('BW9y)_ Applicants have a water supply contract it of land upon which point of diversion - and Amelia Eshelman, 7378 County Road County. The proposed well will serve up of well group IJ or Coe saw eeiayee aeprecron ca:egos Ica, oe .._. ---- -- ---- no. 87Cw155, Water Division No. 5. Exhibit B hereto depicts the monthly depletir deIeyed return flow factors for well group D. A projected augmentat cheduI. Caking delayed depletions into account Ss Exhibit C hereto. of ected augmentation requirement from the C[AC rater 225 acre feet ally, and the projected requirement for releases f uedi Reservoir is 0.038 acre feet annually. Consistent with prior Bwcn-ees, Applicants have anticipated that a call against the Basalt conduit dur ng the n non-irrigation season would occur only in the month of April. The above - described augmentation plan is sufficient to allow uninterrupted diversions from the well, and prevent injury to other vested and decreed conditional water rights. (6 pages) You ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of NOVEMBER 1999 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted. or why it;'shmld be granted only in part or on certain condition- A C50py-d!' -" such al(atement of opposition most also be served upon the-appli_e _ tor' applioaet•a attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule S, CRCP. (Piling Pee: $45.00) PEGGY JoRDAN, Water Clerk, water Division 5; 109 Sth Street, Suite 204; Glenwood Springs, 00 81601. Published in The Aspen Times October 23, 1999. PUBLIC NOTICE envelopes (or existing structures and accessory NOTICE OF BUDGET uses. The property is located at 43051 Highway Notice is hereby given that: a proposed budget 82 and is described as a tract of land situated In has been submitted to the Board of Directors of the SE 1/4 and the SW 1/4 of Section 17, the Aspen Consolidated Sanitation District for Township 10 South, Range 84 West of the 6th the ensuing year of 2000; a copy of such pro- P.M. For further information contact Gabe posed budget has been filed in the office the Preston at the Aspen/ Pitkin Community Aspen Consolidated Sanitation District, where Development Department, (970) 920-5092 the same is open for public inspection; such pro- s/Lance Clarke posed budget will be considered at the Pitkin County Hearing Officer December regular meeting of the Aspen Published in The Aspen Times on October 23, Consolidated Sanitation District to be held at 1999 (52230) 565 N. Mill Street on December 7th 1999 at 4 PM. Any interested elector of the Aspen Consolidated Sanitation District may inspect the proposed budget and file or register any objec- tions thereto at any time prior to the adoption of the budget. Published in The Aspen Times on October 23, 1999.(52235) PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at Its regular meeting on August 11, 1999, and after a duly -noticed public hearing, adopted the follow- Ing Resolution N99-42: RESOLUTION OF THE BOARD OF COUNTY COM- MISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL FOR THE ASPEN PARAGLIDING AND ASPEN EXPEDI. TION ROCKY MOUNTAIN CLIMBING SCHOOL Copies of the full text of the Resolution are avail- able for public inspection during regular busi- ness hours in the Office of the Clerk and Recorder, 530 East Main Street, Suite 101, Aspen, Colorado 81611. Phone (970) 920-5157 Jeanette Jones, Deputy County Clerk Published in The Aspen Times on October 23, 1999.(52227) PUBLIC NOTICE RE: ACCESSORY DWELLING UNIT (ADU) PRO- GRAM FLOOR AREA BONUSES NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 2, 1999, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to recommend an amendment to a pend- tng Ordinance. The Commission will recommend the manner in which Floor Area Ratio bonuses should be used in the Accessory Dwelling Unit Program. This is a recommendation regarding pending City Council Ordinance number 44, Series of 1999, concerning Section 26.575.020, Floor Area, of the City of Aspen Land Use Code. For further information, contact Chris Bendon at the Aspen/ Pitkin Community Development Department, 130 S. Galena St, Aspen, CO (970) 920-5072. s/Robert Blaich. Chair Aspen Planning and Zoning Commission Published in The Aspen Tunes on October 23, 1999.(52223) PUBLIC NOTICE RE AND[ RANCH, LLC 1041 HAZARD REVIEW & SCENIC OVERLAY NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 23, 1999 at a meeting to begin at 3:00 pm before the Pitkin County Hearing Officer in the Sister Cities Room, Aspen City Hall, 130 S. Galena St., Aspen to con- sider an application submitted by Andi Ranch, LLC requesting 1041 Hazard Review & Scenic Overlay approval to establish building PUBLIC NOTICE SNOWMASS WATER AND SANITATION DISTRICT ADVERTISEMENT FOR BIDS 1. Proposals for the supply of a 640 KW natural gas generator and switch gear will be received by the Snowmass Water and Sanitation District, 660 Fairway Drive, Snowmass Village, Colorado, 81615, on or before I1:00 am. October 29, 1999, at which time the proposals will be publicly opened and read. Any proposal received after the above -specified time will be immediately returned to the Bidder. 2. The Specifications may be obtained from RWS Engineering Company, 7910 Ralston Road ff4, Arvada, CO 80002. The equipment or substitute temporary equipment must be delivered by December 1, 1999. Published: 10-23-99 Owner. By /s/ Richard G. Wall, Manager Published in The Aspen Times October 23, 1999. PUBLIC NOTICE Notice of Budget Notice is hereby given that: a proposed budget has been submitted to the Basalt Regional Library Board of Trustees for the ensuing year of 2000. A copy of such proposed budget has been riled in the office of Basalt Town Hall, where the same Is open for public inspection. The proposed budget will be considered at the regular November meeting of the Basalt Regional Library Board of Trustees to be held at 99 Midland Avenue, Basalt. Colorado, on November 8, 1999, at 6:30 p.m. Any interested elector of the Basalt Regional Library District may inspect the proposed budget and file or reg- ister any objections thereto at any time prior to the final adoption of the budget. Published in The Aspen Times October 23, 1999. PUBLIC NOTICE RE. CLAUDIA ASPEN VIEW, LLC 1041 HAZARD REVIEW & SCENIC OVERLAY NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 23, 1999 at a meeting to begin at 3:00 pm before the Pitkin County Hearing Officer in the Sister Cities Room, Aspen City Hall, 130 S. Galena St., Aspen to con- sider an application submitted by Claudia Aspen View, LLC requesting 1041 Hazard Review & Scenic Overlay approval to amend development envelopes for the construction a garage, a dri- veway and landscaping. The property is located at 43151 Highway 82 and is described as a tract of land situated in the SE 1/4 and the SW 1/4 of Section 17, Township 10 South, Range 84 West of the 6th P.M. For further information contact Gabe Preston at the Aspen/ Pitkin Community Development Department, (970) 920-5092 s/Lance Clarke Pitkin County Hearing Officer Published in The Aspen Times on October 23, 1999.(52229) 19". (52211) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pur- suant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Grand Aspen Hotel at 515 South Galena Street of the City and Townsite of Aspen by Resolution No. 90, Series of 1999 of the Aspen City Council. tt; ;,_ t ,. For further Information contact Julie r Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen. Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Published in The Aspen Times on October 23, 1999.(52213) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pur- suant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 1590 Homestake Drive Lots 17 & 18 of Block 2 of the City and Townsite of Aspen), by Ordinance No. 29, Series of 1999 of the Planning and Zoning Commission. For further informa- tion contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920- 5090. s/Kathryn S. Koch, City Clerk, City of Aspen Published in The Aspen Times on October 23, 1999.(52220) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pur- suant to the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertaining to the following described property. Kolorwheel at 720 East Durant Avenue of the City and Townsite of Aspen, by Resolution No. 95, Series of 1999 of the Aspen City Council. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen Colorado (970) 920,5090. s/Kathryn S. Koch City Clerk City of Asper Published In The Aspen Times on October 23 1999.(52208) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public 0 the approval of a site specific development plan and the creation of a vested property right poi suant to the Land Use Code of the City of Aspe and Title 24, Article 68, Colorado Revise Statutes, pertaining to the following describe property Little Nell Hotel at 675 East Duran Street of the City and Townsite of Aspen, b administrative decision Of the Communit Development Director. For further information contact Julie An Woods, at the Aspen/Pitkin Communit Development Dept., 130 S. Galena St, Asper Colorado (970) 920-5090. s/Kathryn S. Kocl City Cler City of Aspe Published In The Aspen Times on October 2 1999.(52210) PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public the approval of a site specific development pla and the creation of a vested property right pt suant to the land Use Code of the City of Asp and Title 24, Article 68, Colorado Revisi Statutes, pertaining to the following describe property. 610 South Riverside Avenue of the Cl O O O O n rn w c T m CO c �N0 J v Q N m U m r 4z m W m a C NIL V _ ao N Lh Lb Cld N CD co-16 CD co 2__ O N d O cli O C pi C01� O 4 c p m CL A `/ D O N � O N � � et CDIMM c0 O C O •0) ? (n tf7 4 _ C F O c� Qi Qi o G 7 O `n c•� a� d � N � N C O IA C C C> C N orn a_Ni ca t` N w m m Z c � g cto c o= W �Q� > A LN cC7 W N O= I �`N c_ LLL t3o �= �� U J �� a m v w co (/) �. m N l0 m N 0 id 2 i.� N 0 in QG�CL � W N UU mrn QU _ M _ 0 `n - 30L. ��`" V o6. �u, �o \v �• p c .r v �• Q c° cu ff nn d4 M U a. PON" v V c=o �• CZ .b _ y CL1 c O p �v f 1j E= F, y cC y C v� Q U6. y LA PrTTO W LaU U O c N Q N¢ >' °' °Cd CA c c p o L16 c°� Ll ear �U U ¢_ Ou � VI C, 0 C° c° ¢ 'n o a ` c U iLL.tn cq cq J c Liles�Uo 0 U H V Q c .o �-' ' .c Q c E x Z � ¢ � ¢UU 2 d� wUv s.:F' Saturday -Sunday, May 16-17, 1998 • The Aspen Times 7-C vson shall use or occupy any street. golf course, park or parkway or on a vehicle, structure, building e) for the storage, display, or sale of ervlces, wares, or merchandise, to ale of a service, or to place or permit :play signs on any street, alley, mall, park or parkway within the City of vided, however, that the prohibition (in shall not apply to any person who ered Into a vending agreement with provide any such vending services processing fee equal to the special tr minor events set forth at section this Code. The city manager or her call he authorized to execute and if vending agreements on behalf of �r considering: public need for such services; availability of existing services; availability of non-public property i to conduct the requested activity; costs of policing and administering A vending service; revenues which can be reasonably u accrue to the city by virtue of the vices proposed; and. !ther the vendor applying for such n.•ement will best serve the public ippllcant aggrieved of a decision by eager concerning the denial or terms g agreement may seek an appeal of e city council. All appeals must be it writing to the city manager within es of the decision appealed from and ie grounds for the appeal. The city tall promptly add the appeal to the iably available regular city council voila. City council shall conduct a the appeal at which time the appll- be heard and a decision rendered. on need not be reduced to writing. Agreements for Farmers' Markets. )4.3.50(B) shall apply to any organlza- ng for a vending agreement to allow ihmenl of a farmers' market meeting Ion set forth In Section 26.04.090, In any downtown street In the City "ommerclal Core (CC) or Commercial Districts. Vending Agreements for shment of a farmers' market In any er zone districts shall be prohibited, ]]owed in the Public (PUB) and Parks lislrlcts through the condition use cess. Streets that form the border me Commercial Core (CC) and Office istrlcts, or the Commercial (GI) and tone districts, such as S. Monarch and -especllvely, shall be eligible for con - Streets alongside any area zoned [B) or Park (P),but within the lradi- ntown, such as S. Monarch between I Hyman, shall also be eligible for con- e shall use or occupy any downtown ether In or on a vehicle, structure, r otherwise) In the Commercial Core e Districts for the storage, display, or As, wares, merchandise, produce or ulturally-related products, or to place portable display signs on any street City of Aspen: provided, however, rohibltlon of this section shall not my person who has entered Into a reement with the City to provide any rig services and paid a processing fee ,e apcc.iai even: ice fur minor evens sedfon 14.20.070 of this Code. The 11 %ball be authorized 10 execute and dd vending agreements after making a Ilon that the following review criteria run requirements have been satlafac- �essed and complied with: ppllcant has agreed to limit the opera - market to no more than twenty (20) lors and no more than two (2) days open to the public no earlier than 7 losed no later than 2 p.m.; and, llmlt- %e weeks that fall between the first n June and the weekend following the Ing holiday, Inclusive. These limits - be modllled at the sole discretion of -11 as part of a specific approval; proposed market Is consistent and o with the character of the Immediate the parcel proposed for development mding land uses, or enhances the mix- iplhnentary uses and activities In the vicinity of the parcel proposed for mt; location, size, design and operating ;tics of the proposed market minl- rrse effects. Including visual Impacts, I pedestrian and vehicular circulation In the market and In the surrounding king, bus routes, trash, service delly- )orhocd character, noise, vibrations ,n surrounding properties; are adequate public facilities and ser- erve the proposed market Including lied to roads, loading and unloading king, electric, water, restrooms and trash collection and removal, police, ,flan, and emergency medical ser- reposed market serves a public desire currently met or Is not available else ie community, and the vendor Apply - It vending agreement will best serve Interest; upllcant has provided documentation hat at least 60% of the produce to be ,e grown In Colorado. A signed and affidavit and/or proof that a vendor operates a farm capable of producing to be sold shall be considered suffl- catlon; ilte within an historic overlay district, is Preservation Commission (HPC) w the proposal and make a recom i of approval, approval with condl- enlal to the City Council; and, proposed market compiles with all standards Imposed on It by the Aspen nunity Plan and by all other appllca- -menls of the Aspen Municipal Code, oposed market Is In harmony with the idallons of the Downtown ent and Pedestrian Plan (DEPP). it Requirements. In addition to being u comply with the review standards of 04.350(B)(1), the following rules shall ill farmers' market proposals In the ten: temporary structures requiring per - I comply with applicable building nrical codes, lire codes, food service I other City regulations, and be Issued prlate permits before commencing I. Power generators are prohibited. Iflcallon signs shall comply with the aids contained In Chapter 26.36 of the Code. Ampllfled music, use of micro- �r megaphones, or other auditory advert)%Ing or attention -grabbing are I. akery and other non -fresh rult/flower Items must be commerclal- -d in a licensed commercial kitchen. !ms must contain non -hazardous fill - Items must be properly prepackaged and labeled according to Colorado State Health codes. All vendors are required to follow State and local Health Department rules. Pursuant to State regulations, the following Items are pro hiblted: • home canned goods (Including vegetables, sal sas, fruits, jams or jellies), • home baked goods, • home dried meat jerky, • Items requiring refrigeration, such as eggs, dairy products, etc., and "Potenllally Hazardous Food," as defined In Appendix A of the Slate rules and regulations for Retail Markets. These Include: (a) products of animal origin such as meat, milk, fish, shellfish, edible crustacea, or poultry, or (b) products of plant origin that have been heal treated (i.e., potatoes, rice, etc.); or (c) products of raw seed sprouts. I ) Either the Individual sellers or the farmers' market organization as a whole must provide their own prices, signs, change, packaging, tables, chairs, etc. for sale of Items. Items for sale must be clean, fresh and pest -free; vehicles, tables, and containers must also be presentable. No produce will be sold directly off the ground, off tailgates, or out of the trunks of vehicles. The operation must comply with established sanitary conditions, licensing and Inspections by the Aspen/Pltkln County Environmental Health Department as well as the requirements of "The Rules and Regulations Governing the Sanitation of Food Service Establishments In The Stale of Colorado. Effective Date: July 31, 1990." (e) Produce shall be priced by piece, count, each, package, bunch, etc. However, no sales by weight will be permitted unless scales have a current, valid seal of approval from the Colorado State Department of Agriculture, Weights and Measures Dlvi%ion, and Items are weighed nn site. (1) No customer admission charges will be permitted, and the produce or goods that are sold are for consumption off -premises only. Eating areas consisting of tables and/or chairs are prohibited. (0 Sellers/vendors must leave their sales areas clean and free of litter of any kind. Both the Indl- vldual sellers and the farmers' market organiza- tion as a whole has committed to accepting the responsibility of ensuring that the site of the market will remain in Its pre -market condition or better following each day of operation's closing and clean-up. (h)'To sell "Organic Certified" produce, the sell- er must have his/her current certificate dis- played on site. (1) Each and every vendor must obtain a City of Aspen Business" License at the cost of a $150 business occupation tax per calendar year for each location they Intend to occupy (the busi- ness occupation tax is subject to amendment, and the City Finance Department should be con- sulted for Information regarding current fees). In addition, each and every vendor must obtain a State of Colorado Sales Tax License, collect all applicable sales taxes, and remit said taxes to the City of Aspen and the State of Colorado, as applicable. (J) The organization and each Individual vendor has agreed to sign and execute an Indemnifying liability waiver holding the City of Aspen and the County of Pltkln, as well as their officers, agents, employees and volunteers harmless Iron any and all damages, costs or expenses In law or equity that may arise because of damages to property, or of personal injury received by rea- son of or In the course of operating a vendor stand. 3. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre -application con- ference with staff of the planning division of the Community Development Department, As a result of the conference, the planner shall pro pare a pre -application summary providing the appropriate application packet Including the Submission Requirements and any other perti- nent land use material, enumerate the fees asso- ciated with the review(s), and explain the review process in general. After the pre -application conference summary Is received by the applicant, said applicant shall prepare an application for review and approval by staff and the City Council, respectively. In order to proceed with additional reviews or obtain a Development Order, the City Council shall, at a public hearing, find the submitted land use application consistent with the provi- sions, requirements and standards of Section 15.04.350(B). City Council may approve, approve with conditions, or deny any applica- tion for a farmers' market by Resolution. An ordinance Is not required; the signed resolution shall serve as the Vending Agreement. Proposals for the location of a farmers' market within any historic district shall be reviewed at a meeting by the City's Historic Preservation Commission (HPC) In order to obtain the Commission's recommendation to City Council. In reviewing applications for farmers' markets, the HPC shall serve In an advisory capacity, and public Input may be considered but Is not required. Business license applications cannot be Issued unless and until final land use approval has been granted by the City Council. When applying for business licensing, the applicant shall submit a copy of the signed vending agreement granting the land use approval for the subject farmers' market. 4. Application. An application for approval of new or modified farmers' markets shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.52, Common Development Review Procedures, and Chapter 26.60, Conditional Uses, of the Aspen Municipal Code. Also, farm- ers' market vending agreement applications shall contain at least the following additional Information: (a) Conceptual site plan or plans drawn to scale, specifying the approximate number and location of stalls, support structures, and/or other accessory uses, access, parking, fences, signs, lighting, and all adjacent land uses within one -hundred (100-) feet. Such plans and draw- Ings should demonstrate compliance with the Review Standards of this Section (15.04.350(B)(1) and (2)). (b) Conceptual elevation drawings simulating and specifying the design and height of typical stalls, support structures, and/or other accesso- ry structures. (c) Written materials describing how the pro- posed plan would comply with each of the review criterion contained In Sections 15.04.350(13)(I) and (2), Including a description of the logistics involved In the daily setting -up, operating, and breaking-down/cleaning-up of the proposed market. The written materials shall also Indicate the proposed days of operation, the amount of proposed vendors and/or stalls, either specifically (i.e., 12 stalls) or In range form (Le., 10-15 stalls), the proposed season of operation, and commitments to comply with each of the minimum requirements contained In this section. 5. Applicant. Applications for or from Individual vendors will not be accepted. Applications for Vending Agreements for Farmers' Markets must be submitted on behalf of an organization encompassing all vendors that would partici- pate In the particular market. The organization will need to select one or two persons to repre- sent the market In dealings with the City. The applicant/organlzatlon will be responsible for governance of the market and maintaining com- pliance with the rules and regulations contained In this Section and In any conditions assigned to the approval of a vending agreement. 6. Enforcement. Enforcement of compliance with all rules and regulations contained In this Section, as well as all conditions of approval attached to specific vending agreements shall be the responsibility of the City Zoning Officer, with the exception of health code rules which shall be enforced by the Aspen[Pitkin County Environmental Health Department's Inspectors. 7. Reservation of Rights. The City hereby reserves the right to review all vending Agree - merits for farmers' markets after each market season, as explained In Section 15.04.3.50(B)(1)(a). Upon review, the City Council may, at Its discretion, decide to revoke the vending agreement, extend It with new or revised conditions, remove conditions, or require moving the market to an alternative location. Section 4: Section 26.28.140, Commercial Core (CC) zone district, of the Municipal Code Is here- by amended to provide clarity with regard to the ability to obtain a vending agreement for a farm- ers' market In the CC zone district. The amend- ment results In the additton of a twentieth (20th) permitted use In the CC zone district. Thus. the Permllted Uses portion (subsection B) of Section 26.28.140 will hereafter read as fol- lows, picking up with Permitted Use number 18 (Items stricken out signify language to be removed from the existing text and Items In bold signify the new/amended text): 18. Home occupations; and 19, Accessory bulldings and uses.; and 20. Farmers' markets, provided a vending agree- ment has been obtained pursuant to Section 15.04.3.50(B) of the Municipal Code. Section 5: Section 26.28.150, Commercial (C-1) zone district, of the Municipal Code Is hereby amended to provide clarity with regard to the ability to obtain a vending agreement for a farm- ers' market In the C-I zone district. The Amend- ment results In the addition of a fourteenth (141h) permitted use In the Gl zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.150 will hereafter read as fol- lows, picking up with Permitted Use number 12 (Items stricken out signify language to be removed from the existing text and Items In bold signify the new/amended text): 12. Accessory buildings and uses; and 13. Food market.; and 14. Farmers' markets, provided a vending Agree- ment ties been obtained pursuant to Section 15.04.350(B) of the Municipal Code. Section 6: Section 26.28.160, Service/Commercial/industrial (S/C/D zone dis- trict, of the Municipal Code Is hereby amended to provide clarity with regard to the ability to obtain a vending agreement for a fanners' mar- ket In the S/C/1 zone district. The amendment results In the addition of a fifth (Sth) permitted use In the S/C/l zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.160 will hereafter read as follows, picking up with Permitted Use number 3 Olems stricken out signify language to be removed far.+ the e•isting text .nd Items In told sugnlfy the new/amended text): 3. Home occupations; and 4. Accessory buildings and uses; and S. Farmers' markets, provided a vending agree- ment has been obtained pursuant to Section 15.04.350(B) of the Municipal Code. Section 7: Section 26.28.170, Neighborhood Commercial (NC) zone district, of the Municipal Code is hereby amended to provide clarity with regard to the ability to obtain a vending agree- ment for a farmers' market In the NC zone dis- trict. The amendment results In the addition of a fourteenth (14th) permitted use In the NC zone district. Thus, the Permitted Uses portion (subsection B) of Section 26.28.170 will hereafter read as follows, picking up with Permitted Use number twelve (Items stricken out signify lan- guage to he removed from the existing text and Items In bold signify the new/amended text): 12. Accessory residential dwellings restricted to affordable housing guidelines; and 13. Accessory buildings and uses: and 14. Farmers' markets, provided a vending agree- ment has been obtained pursuant to Section 15.04.350(B) of the Municipal Code. Section 8: This Ordinance shall not affect 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 9: 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 por- tion shall be deemed a separate, distinct and Independent provision and shall not affect the validity of the remaining portions thereof. Section 10: A public hearing on the Ordinance was held on the 8th day of June, 1998 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. INTRODUCED. READ AND ORDERED PUBLISHED es provided by law, by the City Council of the City of Aspen on the I th day of May, 1998. John Bennett, Mayor ATTTST: Kathryn S. Koch, City Clerk Published In The Aspen Times May 16, 1998. ORDINANCE NO 9 (Series of 1998) AN ORDINANCE RECOGNIZING GENERAL FUND REVENUE OF $46,000; APPROPRIATING GENER- AL FUND EXPENDITURES OF $1,941,914; TRANS- FERRING E420,000 FROM THE GENERAL FUND TO THE HOUSING/DAYCARE FUND; APPROPRI- ATING WHEELER FUND EXPENDITURES OF $133,596; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDITURES OF $3,047,764; TRANSFERRING $200.000 FROM PARKS & OPEN SPACE FUND TO THE HOUSING/DAYCARE FUND; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $4,531,355; APPROPRIATING WATER FUND EXPENSES OF $2,415,641; APPRO- PRIATING WATER PLACE HOUSING FUND EXPENDITURES OF $1,676,569; APPROPRIATING MALL FUND EXPENDITURES OF $40,000; APPRO- PRIATING PARKING IMPROVEMENT FUND EXPENDITURES OF $110,979; APPROPRIATING ELECTRIC FUND EXPENDITURES OF $277,499; APPROPRIATING TRANSPORTATION/PARKING FUN[) EXPENDITURES OF $110,346; APPROPR4 ATING GOLF FUND EXPENDITURES OF $189.185; APPROPRIATING TRUSCOTT EXPENDITURFS OF $35,748: APPROPRIATING MAROLT EXPENDF TURES OF $47,416; APPROPRIATING ASPEN COUNTRY INN FUND EXPENDITURES OF $400,000. Copies of this ordinance are available In the office of the City Clerk, 130 S. Galena, during nor- mal business hours. FINALLY adopted, passed and approved this I Ith day of May 1998. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published on The Aspen Times May 16, 1998. NOTICE OF PETITION TO DETERMINE HEIRSHIP IN THE MATTER OF THE DETERMINATION OF HEIRS OR DEVISEES OR BOTH, AND OF THE INTERESTS IN PROPERTY, OF JOHN BYRON HURST, DECEASED, MARTHA A HURST. DECEASED, AND PHILLIS N. SOUTHARD, DECEASED. On March 26, 1998, a Petition to Determine Heirship was filed by Grant W Southard and Phillip B. Hurst ("Petitioners'), to determine the heirs of John Byron Hurst (the "Decedent John Hurst"), Martha A. Hurst ("Decedent Martha A. Hurst`), and Phlllls N. Southard ("Decedent Phlllls N. Southard) and the descent of the fol- lowing Intestate real property located In Pltkln County, Colorado: An undivided 1/8 Interest In the Osborn No. 1 & 2 (USMS 16766), an undivided 1/8Interest In the Osborn No. 3 (USMS 18085), and an undivided 1/4 Interest In the Red Mountain King Mill Site (USMS 18133B), the same being mining patents located In Pltkln County, Colorado. The names of the Interested persons and own- ers by Inheritance of the Real Property are Grant W. Southard and Phillip B. Hurst. Pursuant to C.R.S. § I5-12-1303, you are hereby notified that you are directed appear and answer the petition within twenty days after ser- vice of this notice If personal service occurs within the State of Colorado or thirty days after service If personal service occurs outside the State of Colorado or If service Is had by mall or publication. All objections to the petition must be filed In writing with the court and the filing lee paid within the time required for answering the petition. The hearing shall he limited to the objections timely filed and the parties answer- Ing the petition In a timely manner. The hearing on the petition Is scheduled for 9:15 a.m., June 23, 1998, at the District Court of Pltkln County, Colorado, 506 East Main Street, Aspen, CO 81611. OATES, KNEZEVICH & GARDENSWARTZ, P.C. BY: John T. Kelly, No. 2554 533 Fast Hopkins, Third Floor Aspen, CO 81611 (970) 920-1700 Attorneys for Petitioners Published In The Aspen Times May 16. 1998. PUBLIC NOTICE RE: CITY OF ASPEN ACCESSORY DWELLING UNIT (ADU) PROGRAM NOTICE IS HEREBY GIVEN that a public hearing will he held on Tuesday, June 16, 1998, at a meet- ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider and forward a recommenda- tion to City Council for an amendment to the land use code regarding Accessory Dwelling Un!t. (AD! Is;. Qur sNo„a T-or ttir. ,,.m,tn!s•!,•n to 'consider Include whether ADUs should be a per- mitted use In all residentlal zone districts, how ADUs should be approved, how ADUs should contribute to a property's allowable floor area, whether an ADO should be required for an exemption from the Residential Growth Management Quota System, whether ADUs should be required to be occupied, and whether ADUs should be restricted to affordable housing rental restrictions. Amendments to the following Municipal Code Sections will be considered at this public hear- Ing: 26.04. 100 Definitions 26.28.040 Medium Density Residential (z-6) 26.28.050 Moderate Denslty Residential (t-15) 26.28,060 Moderate Density Residential (R-15A) 26.28.070 Moderate tensity Residential (R-15B) 26.28.08.0 Low Density Residential (R-30) 26.28.090 Residential Multi Family (tMF) 26.28. 100 Residential Multi Family (RMFA) 26.28.110 Affordable Housing/Planned Unit Development (AH1 -PUD) 26.28.120 Residential Mobile Home Park (MHP) 26.28.130 Rural Residential (RR) 26,28.140 Commerclal Core (CC) 26.28.150 Commercial (CI) 26.28.170 Neighborhood Commercial (NC) 26,28.180 Office (0) 26.28.190 Lodge/Tourist Residential (LTR) 26.28.220 Conservation (C) 26.40.090 Accessory Dwelling Units 26.48 Affordable Houaing Impact Fee 26.64 Special Review 26. 100 Residential and Tourist Accommodations Growth Management Quota System 26.102 Commercial and Office Development Growth Management Quota System For further Information, contact Chris Bendon at the Aspen/Pltkln Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published In The Aspen Times on May 16,1998. PUBLIC NOTICE RE: CITY OF ASPEN LODGE PRESERVATION OVERLAY ZONE DISTRICT TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 2, 1998, at a meet- ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider and forward a recommendation to City Council for an amendment to the land use code regarding properties zoned Lodge Preservation Overlay. This amendment would allow the dimensional and parking requirements of a property zoned lodge Preservation Overlay to be established by the Planning and Zoning Commission through the Special Review process. Currently, these properties are not able to vary such requirements. Amendments to Section 26.28.320 and 26.64 of the Municipal Code will be considered at this public hearing. For farther Information, contact Chris Bendon at the Aspen/Pltkln Community Development Department, 130 S. Galena St., Aspen, CO (970) 92(1-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published In The Aspen Times on May 16, 1998. PUBLIC NOTICE Pursuant to Section 6104(0) of the Internal Revenue Code, notice Is hereby given that the annual report for the taxable year ended December 31, 1997 of the Fred and EIII Iselin Foundation, a private foundation, is available at the Foundation's principal office for Inspection during regular business hours at 9am to 4pm by any citizen who requests It within 180 days after the date of the publication. The foundation's principal olflce Is located at 715 West Main Street, Suite 201, Aspen, CO 81611. 925-4290. Published In The Aspen Times May 16, 1998. PUBLIC NOTICE The annual return (Form 990-PF) of Kresser Foundation Is available for Inspection at Its prin- cipal office, 0119 South Little Texas Lane, Woody Creek, Colorado 81656, (phone 923-1230) during regular business hours, by any citizen who requests Inspection within 180 days after this notice Is published. A.J. D ietsch, Treasurer and principal manager. Published In The Aspen Times May 16, 1998. PUBLIC NOTICE RE: NORTH ENTERPRISES SPECIAL REVIEW FOR MORE THAN FIVE BEDROOMS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 16, 1998 at a regit- tar meeting to begin at 5:30 pm before the Pltkln County Planning and Zoning Commission, Commisslonera' Meeting Room, Pltkln County Courthouse, %6 E. Main St., Aspen to consider an application submitted by North Enterprises 1996 Trust requesting special review approval to convert an Internal caretaker dwelling unit Into a bedroom and construct two additional bed- rooms for a total of seven bedrooms. The prop- erly Is described as Homestead Lot 12. Wildcat Ranch Exemption Plat. For further Information contact Tamara Pregl at the Aspen/Pltkln Community Development Department (970) 920- 5103. s/Marcella Larsen, Chair Pltkln County Planning and Zoning Commission Published In the Aspen Times on May 16, 1998. PUBLIC NOTICE CITY OF ASPEN POLICE - PUBLIC AUCTION IN CONFORMITY WITH SECTION 15.04.510 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, A PUBLIC AUCTION OF BICYCLES AND OTHER MISCELLANEOUS UNCLAIMED PROPERTY WILL BE HELD ON TUESDAY, MAY 19, 1998, AT THE L113RARY PLAZA, ASPEN, COLORADO. ITEMS WILL BE AVAILABLE FOR INSPECTION AT 11:30 A.M., AND THE AUCTION WILL START PROMPT- LY AT 12:00 NOON. TERMS OF SALE: 1. All Items sold "as Is." 2. All sales final. 3. Sales tax of 8.2% will be assessed on all pur- chases. 4. All Items must be paid for at the time of the auction. 5. All Items must be removed immediately after the sale. 6. Payment terms: Cash, money order, cashier's check, travelers' checks, and LOCAL checks will be accepted with proper Identification (must present two forms of 11): one photo ID such as Driver's License and a major credit card). ***NOTICE CHECK WRITERS... IF YOU ARE UNABLE TO PROVIDE IDENTIFICA- TION AS STATED ABOVE AT THE TIME OF PAY- MENT, YOUR CHECK WILL NOT BE ACCEPTED AND THE ITEM(S) WILL BE RE -AUCTIONED. Published In The Aspen Times on May 9 and 16, 1998. PUBLIC NOTICE ploanert to Sertlon 61od(D) of the Interne! Revenue Code, notice Is hereby given that the annual report for the taxable ylar ended December 31, 1997 of The Solid Rock Foundation, a private foundation, Is available at the Foundation's principal office for Inspection during regular business hours at 9am to 4pm by any citizen who requests It within 190 days after the date of the publication. The foundation's principal office Is located at 715 West Main Street, Suite 201, Aspen, CO 81611, 925-4290. Published In The Aspen Times May 16, 1998. PUBLIC NOTICE NOTICE OF FINAL PAYMENT After thirty (30) days from May 28, 1998, the City of Aspen, Owner, will be eligible to pay Rudd Construction, Inc., the full balance due on the project, The Water Place Affordable Housing Project. All persons having claims for labor, rentals, services, or materials furnished under this Contract, who shall not have been paid therefore, shall present the same to the Owner In writing and verified prior to date specified above, or the Owner shall be free of all liabilities for attempting to payment to such person by the Contractor. Claims must be submitted to Steve Barwick, Assistant City Manager, and 130 South Galena Street. Aspen, Colorado 81611. Published in The Aspen Times May 16 and 23, 1998. LEGALS DEADIIIE NOON ON TUESDAY 1 st Insertion - .5060/line; 2nd insertion - .3680/line Proof of publication $2 per Copy must be clearly typed. No fax transmissions accepted for publication. ru - r u-ay, may 19 1998 at a regu- ig to begin at 530 pm before the Pitkin Plannin;7 -willZoning Commission, goers' Meeting Room, Pitkin County se, 506 E. Main St.. Aspen to consider ation submitted by Heidi Bookout & aeger requesting a Scenic Overlay rproval to tear down the existing resi- t construct a new approximately 4,000 of residence farther uphill. The prop- cated at 155 Nighthawk Road, and is as Lot 10, the Ridge of Red Mountain in Replat No 2. For further information iuzanne Wolff at the Aspen/Pitkin ty Development Department (970) 920- s/David Guthrie, Chair inty Planning and Zoning Commission in The Aspen Times April 18. 1998. PUBLIC NOTICE rs' Market Text/Code Amendments S HEREBY GIVEN that a public hearing Id on Tuesday. May 5. 1998 at a meet- -gin at 4:30 p.m. before the Aspen Ind Zoning Commission. Sister Cities Loom, City Hall, 130 S. Galena St., consider an application submitted by Aspen Community Development it, requesting approval for Proposed ndments to Section 15.04.350, Vending Parks and Rights -Of -Way Prohibited, ion 26.04.100, Definitions, of the Code. The proposed code amend- dd more clearly define the term "farm. !t,' and would allow City Council the ssue Vending Agreements for farmers' oposals that would use the public I the Commercial Core (CC) and al (C-1) Zone Districts. For further in, contact Mitch Haas at the kin Community Development it, 130 S. Galena St., Aspen, CO (970) s/Sara Garton, Chairperson ming and Zoning Commission in The Aspen Times April 18. 1998. PUBLIC NOTICE LODGE LOTTERY - ALLOCATION E EXPANSION i HEREBY GIVEN that a public hearing d on Tuesday. May 5, 1998 at a meet - ,in at 4:30 p.m. before the Aspen nd Zoning Commission, Sister Cities oom, City Hall, 130 S. Galena St.. allocate lodge expansions from the e lottery applications received. For amation, contact Julie Ann Woods at i/Pitkin Community Development t, 130 S. Galena St., Aspen. CO (970) s/Sara Garton, Chair ten Planning and Zoning Commission n The Aspen dimes April 18, 1998. .E OF PUBLIC TRUSTEE'S SALE No. 98 - 6 It May Concern: This Notice is given I to the foilowi-ig described Deed of E INVESTMENTS LTD.. Original xrower) CVYATT, JR., Original beneficiary WYATT. JR.. Current Owner of the ! Debt Secured by the Deed of Trust 0, 1997. Date of Deed of Trust 5, 1997. Recording Date of Deed of OUNTY. COLORADO, County of ice, N. ZS degrees 07 minutes 34 seconds W. cate of urchase a II "ded b 1 cant or the applicant's attorney and an affidavit 886.27 feet; Thence, N. 12 degrees 10 min seconds W. 651.48 feet; Thence, E. 741.00 feet; Thence, S. 00 degrees 02 minutes 41 seconds W 453.84 feet; Thence. E. 787.17 feet; Thence S. 961.50 feet; Thence S. 88 degrees 39 minutes 00 seconds W. 1014.45 feet to the point of beginning, as hereinbefore described County of Pitkin. State of Colorado. being all of the property encumbered by the Deed of Trust. THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN. THEREFORE, notice is hereby given that I will, at 10:00 o'clock a.m. on the I3th day of May. 1998. at the south door of the Pitkin County Courthouse, 506 East Main Street. Aspen, Colorado 81611, sell at public auction to the highest and best bidder for cash, the real prop- erty of Grantor, and the heirs and assigns of Grantor, for the purpose of paying the indebted- ness secured by the Deed of Trust, attorneys' fees, and expenses of sale, and will deliver to purchaser a Certificate of Purchase, as provided by the laws of the State of Colorado. Dated on March 27. 1998. Public Trustee of the County of Pitkin, Colorado By: Carol L. Foote Deputy Public Trustee Attorney for Owner of Evidence of Debt: Stephen R. Connor. Esq. Stephen R. Connor, P.C. 323 West Main Street, Suite 301 Aspen, Colorado 81611 (970) 925-1275 First Publication: April 4, 1998 Last Publication May 2. 1998 Published in The Aspen Times on April 4, 11, 18, 25. and May 2, 1998. NOTICE OF PUBLIC TRUSTEE SALE Public Trustee No. 9" To Whom it may Concern: This Notice is given with regard to the following described Deed of Trust: Grantor (Borrower PeterJ. Aldred Original Beneficiary: Universal Lending Corporation Current Owner of the Evidence of Debt: FTB Mortgage Services Date of Deed of Trust October 16, 1991 Recording Date of Deed of Trust: October 21. 1991 Original Principal Amount of Evidence of Debt: S 120.000.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: S 116.609.17 County of Recording: Pitkin Book and Page No. or Reception No. of Recorded Deed of Trust in Book 659 at Page 536 Legal Description of Real Property: LOT 36, LITTLE ELK CREEK VILLAGE SUBDIVI- SION. FILING NO. I, COUNTY OF PITKIN, STATE OFCOLORADO WHICH HAS THE ADDRESS OF 004.5 LITTLE ELKK CREEK AVENUE. SNOWMASS. CO 81611 THE PROPERTY" DESCRIBED HEREIN IS ALL OF THE. PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN FiB Mortgage Services, the owner of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and p , as prove Y aw' Date. April 10, 1998. or certificate of such service shall be filed with Thomas Carl Oken, Public Trustee, the Water Clerk, as prescribed by Rule 5, CRCP. Pitkin County, State of Colorado Filing Fee: S45.0f1) By Carol L. Foote, Deputy Public Trustee PEGGY JORDAN, Water Clerk. Water Division 5; First publication dale- April 18, 1998 109 8th Street, Suite 104: Last publication date- May 16. 1998 Glenwood Springs, CO 81601. Name of Publication- The Aspen Times Published in The Aspen Times on April 18. 1998. Ronald Garfield, Esq., Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 EXHIBIT A A tract of land situated in Tract 55, Township 8 South. Range 86 West, of the Sixth Principal Meridian, more fully described as follows: BEGINNING at a point in the center of the Roaring Fork River, whence the A.P. Corner No. I of Tract 57 and A.P. Corner No. 8 of Tract 56 of said Township and Range bears North 34`40' West 3071.84 feet; Thence South 13'03' East 140.0 feet to the Northerly line of the D. & R. G. Railroad; Thence North 89'30' East 123.13 feet along the Northerly line of the D. & R. G. Railroad; Thence South 84'40' East 251.2 feet along the Northerly line of the D. & R. G. Railroad to its intersection with the Westerly line of State Highway No. 82; Thence North 18 "59' West 20000 feet along the Westerly line of State Highway No. 82; Thence North 86.50' West 2%3 feet to the cen- ter of the Roaring Fork River, the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. Published in The Aspen Times on April 18. 25 and May 2, 9. 16. 1998. PUBLIC NOTICE RE. CITY OF ASPEN ACCESSORY DWELLING UNIT (ADU) PROGRAM NOTICE IS HEREBY GIVEN that a public hearing will he held on Tuesday, May 5, 1998, at a meet- ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room. City Hail, 130 S. Galena St., Aspen, to consider and forward a recommenda- tion to City Council for an amendment to the land use code regarding Accessory Dwelling Units (ADUs). Questions for the Commission to consider include whether ADUs should be a per- mitted use in all residential zone districts. how ADUs should he approved, how ADUs should contribute to a property's allowable (lour area, whether an ADU should be required for an exemption from the Residential Growth Management Quota Svstem, whether ADUs should be required to be occupied. and whether ADUs should be restricted to atfordable housing rental restrictions. Amendments to the following Municipal Code Sections will be considered at this public hearing. 26.04.100 Definitions 26.28.040 Medium Density Residential (R-6) 26.28.050 Moderate Density Residential (R-15) 26.28.060 Moderate Density Resid :ial (R-ISA) 26.28.070 Moderate Density Residential (R-15B) 26.28.080 Low Density Residential R-30) 26.28.090 Residential Multi Family (RMF) 26.28.100 Residential Multi Family (RMFA) 26.28.110 Affordable Housing/Planned Unit Development (AHI-PUD) 26.28.120 Residential Mobile Home Park (MHP) PUBLIC NOTICE Pursuant to Section 6065 of the Internal Revenue Code the Pathfinder Fund advises that its annual report is on file at its principal office and will be available for inspection by any citi- zen who requests it within 180 days from the date of this notice. The principal manager of the foundation is TL Goudvis. 300 Conundrum Road, Aspen, CO 81611. Published in The Aspen Times April 18, 1998. PUBLIC NOTICE The City of Aspen is seeking proposals regarding the professional management of the Yellow Brick School. The facility houses and its prima- ry function is that of Child Care. The child care use may require some specialized custodial needs per state regulations. Other space in the building will be offered to local Not For Profit groups to occupy as office space only. Deadline for submission of proposals is 5:00 PM on Thursday, April 23. 1998. Proposals may be mailed to: attn. Yellow Brick Management, City of Aspen, 130 S. Galena St., Aspen 81611 or deliv- ered to the Recreation Department offices locat- ed at I10 E. Hallam Street. For additional infor- mation or to receive proposal requirements con- tact Tim Anderson at 920-5140. Published in The Aspen Times April 18, 199& LEGALS DEADLINE NOON ON TUESDAY Copy must be clearly typed. NO FAX transmissions accepted for publication. any or all portions of the various bid o proposal may be withdrawn for a 60 days from the opening thereof. -nded that work covered by this con - I be completed during the 1998 con - season. ers are advised to examine the site to familiar with all site conditions. The rill be shown to interested bidders at ., local time, on May 4. 1998. at the the Director of Aviation, Aspen-Pitkin Jrport (Sardy Field), Aspen, Colorado ,posed contract is under and subject to Order 11246 of 24 September 1965. as and to the equal opportunity clause Standard Federal Equal Employment pity Construction Contract Lions including the goals and timeta- imority and female participation. tication of Nonsegregated Facilities submitted prior to the award of the pro- ,ntract, including any subcontracts in $10.000. der shall make good faith efforts, as in Appendix A of 49 CFR Part 23, ins of the Office Secretary of the of Transportation, to subcontract 10.7 4 the dollar value of the prime contract business concerns owned and con- y socially and economically disadvan- lividuals (DBE). In the event that the r this solicitation qualifies as a DBE, the goal shall be deemed to have been met. Is who are rebuttably presumed to be and economically disadvantaged women, Black Americans, Hispanic is, Native Americans, Asian -Pacific S. and Asian -Indian Americans. The successful competitor will be required information concerning the DBE's that zipate in the contract. The information de: (1) the name and address of each a description of the work to be eer- y each named firm; and (3) the dollar .he work of the contract. If the bidder thieve the contract goal stated herein, required to provide documentation -ating that it made good faith efforts in ig to do so. A bid that fails to meet luirements will be considered nonre- n wage rates as established by the of Labor are applicable to this project. stions regarding bids are to be directed (lice of Isbill Associates, Raytheon Sure Inc., 5555 Greenwood Plaza Blvd., Englewood. Colorado 80111 (303-843- interpretation. runty Board of Commissioners Aspen, d in The Aspen Times April 18, 25, NOTICE TO CREDITORS e of ROBERT L COLEN, Deceased Case No. 98PR12 ns having claims against the above- ttate arc required to present them to mal representative or to the (District 'TTKIN , County. Colorado) on or before 6, 1998. or the claims may be forever LEONARD SCHROADER P.O. BOX 16704 DENVER, CO 80216 1 in The Aspen Times April 18. 25 and 400931, Reception No. of Recorded Deed of Trust YOU ARE HEREBY NOTIFIED that the owner of the evidence of debt, the original principal amount of which was Four Million and no/IOOths dollars, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust. The outstanding principal bal- ance due and owing upon the evidence of debt secured by the above described Deed of Trust being foreclosed is S 4,140,658.D0 as of December 8, 1997, The real property being foreclosed is all of the property encumbered by said Deed of Trust, and is described as follows: Lot B. Swales Lot Split, according to the Plat thereof recorded July 30. 1985. in Book 17 at Page 55 as Reception No. 270128, Pitkin County, Colorado. also known by street and number as: 200 West Reds Road, Aspen. Colorado 81611 THE LJEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN. THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 00 o'clock a.m., on the date of May 6, 1998, at the south front door of the Pitkin County Courthouse, 506 East Main Street. Aspen. Colorado, sell at public auction to the highest and best bidder for cash, the real prop- erly described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney's fees, and the expenses of sale, and will deliver to the pur- chaser a certificate of purchase, all as provided by law. March 20, 1998, Thomas Carl Oken, Public Trustee Pitkin County. State of Colorado By: Carol L. Foote, Deputy Public Trustee First publication date. March 28, 1998 Last publication date. April 25, 1998 Name of Publication. The Aspen Times Name and address of attorney for owner of evi- dence of debt: John G. Nelson, Law Offices of John D. Musick. Jr. & Associates, 1775 Sherman Street, Suite 2555. Denver, Colorado 80203 Published in The Aspen Times on March 28, April 4. 11. 18, 25, 1998. NOTICE OF PUBLJC TRUSTEE SALE NO. 98-7 TO WHOM IT MAY CONCERN: You are hereby notified that the holder of the indebtedness secured by the Deed of Trust here- in described, has filed a Notice of Election and Demand for Sale in accordance with the provi- sions of the Deed of Trust and pursuant to the laws of the State of Colorado. The Deed of Trust being foreclosed is described as follows: Deed of Trust From Grantor: Michael P. Sloan To the Public Trustee of: Pitkin County Original Beneficiary: Alpine Bank Original Principal Balance: $360,000.00 Present Principal Balance:$360,000.00 Dated: November 29, 1996 Recorded: December 4, 1996 As Reception No. 399691 The Deed of Trust encumbers the following described real property situate in the County of Pitkin, State of Colorado, to wit: A parcel of land being situated in Sections 19 and 20. Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Saturday -Sunday, April 11-12, 1998 • The Aspen Times 7-C demand for sale as provided by law and in said Deed of Trust. THEREFORE. Notice Is Hereby Given that 1 will, at 10:00 o'clock in the forenoon of Wednesday, May 7, 1998. at the South front door, Pitkin County Courthouse, 506 East Main, Aspen, Colorado, sell at public auction to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. THE LAW FIRM OF CASTLE & CASTLE, P.C. IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated March 31. 1998 Carol L. Foote, Deputy for Thomas Carl Oken, Public Trustee in and for the County of Pitkin, Colorado. First Publication April 11, 1998 Last Publication May 9. 1998 Name of Publication The Aspen Times Attorney: Castle & Castle, P.C. Caren Jacobs Castle 1099 I8th - Suite 2300 Denver, Colorado 80202 (303) 296-5251 Published in The Aspen Times April 11, 18. 25, May 2, 9, 1998. NOTICE OF PUBLIC TRUSTEE'S SALE No. 98-9 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Gerald D. Webb, Original Grantor (Borrower) Pitkin County Bank & Trust Co., Original benefi- ciary Pitkin County Bank & Trust Co., Current Owner of the Evidence of Debt Secured by the Deed of Trust December 14. 1994, Date of Deed of Trust December 15, 1994. Recording Date of Deed of Trust Pitkin, County of Recording 377223, Reception No. of Recorded Deed of Trust Book No. 769; Page No. 450, Book and Page of Deed of Trust YOU ARE HEREBY NOTIFIED that the owner of the evidence of debt, the original principal amount of which was 75, 000.00 dollars. and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust. The out- standing principal balance due and owing upon the evidence of debt secured by the above - described Deed of Trust being foreclosed is S 65,928-17 as of April 8, 1998. The real property being foreclosed is all of the property encumbered by said Deed of Trust, and is described as follows: AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO. THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN. THEREFORE NOTICE- IS HEREBY GIVEN that i will, at 10 o'clock a.m., on the date of May 27, 1998 , at the south front door of Pitkin County Courthouse, 506 E. Main Street, Aspen, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, 26.28.130 Rural Residential (RR) 26.28.140 Commercial Core (CC) 26.28-150 Commercial (C 1) 26.28.170 Neighborhood Commercial (NC) 26.28.180 Office (0) 26.28.190 Lodge/Tourist Residential (LTR) 26.28.220 Conservation (C) 26.40.090 Accessory Dwelling Units 26.64 Special Review 26.100 Residential and Tourist Accommodations Growth Management Quota System 26.102 Commercial and Office Development Growth Management Quota System For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St.. Aspen, CO (970) 92()5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times April 18. 1998. ALL PERSONS INTERESTED IN THE WATER APPLICATIONS IN WATER DIVISION NO. 5 PURSUANT TO C.R.S.. 37-92-302. AS AMENDED. You are notified that the following pages com- prise a resume of the applications and amended applications filed with the Water Clerk for Water Division S during the month of MARCH 1998. 7. 98CW040 APPLICATION FOR SURFACE WATER RIGHT AND PLAN FOR AUGMENTATION OF: THOMAS E. TURNER IN GARFIELD COUNTY CO Name, address & phone of Applicants: Thomas E. Turner 0064 County Road 149 Glenwood Springs. CO 81601 (970) 945.1386 c/o Billie G. Burchfield Attorney 802 Grand Avenue. Suite 305 Glenwood Springs. CO 81601 FIRST CLAIM SURFACE WATER RIGHT Name of Structure: Turner Pump is located in Sec 3, T. 7 S., R. 89 W 6 PM., 1050 ft fr N. sec line & 1800 ft fr W. sec line of said Sec 3. Source of water is from Four Mile Crk, Trib to Roaring Fork R. Date of approp: Feb 10, 1998 appropriation was initi- ated By field investigation and consult w engi- neer. Amount claimed 0.033 c.f.s, coed. use: Irr. of 54S6 sq ft. land on which pump is located and used: Applicants. SECOND CLAIM PLAN FOR AUGMENTATION Uses to be augmented: Applicants request to augment irr. of 5456 sq. ft. Applicants' engineer has determined that C.U. associated with uses to be augmented will occur during irr. season as follows: Month ' Con. Use AF 5456 sq ft 0.125 Acre April IS- 0.0077 May 0.0476 June 0.0602 July 0.0567 August 0.0364 September 0.0315 - IS October0.0098 Total 0.2499 Based on 1.99 AF/A April 15 - October 15 SOURCE OF AUGMENTATION WATER Applicants have purchased 0.25 AF of water from Flannery Res. as decreed in Case No. 89CW259 and Flannery Ditch, Four Mile Crk Exin. as decreed in Case No. 89CW258. At such times that Turner Pump is out -of -priority, releases will be made into Four Mile Crk from augmentation source, as measured in Black Diamond Mine Crk near its mouth with Four Mile Crk. All of provisions, con- ditions of approval and stipulations in Case No. 92CW302 shall apply. (3 pages) YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 1998 to file with the Water Clerk in quadruplicate a verified state- • to subdivision plat. or to the issuance of any Certificates of ncy for the project, the applicant shall as -built drawings of the project showing y lines, building footprints, easements, :roachments, entry points for utilities t the property boundaries and any other -ments to the Aspen/Pitkin County lion Systems Department in accordance y GIS requirements. he event required, the applicant must approval from: City Engineer for design of improve - including landscaping, within public -way; arks Department for vegetation species, oval, and/or public trail disturbances; Streets Department for mailboxes and its; and. 'ommunny Development Department to )ermits for any work or development. g landscaping, within the public rights - )art of the building permit application, licant must file a fireplace/woodstuve with the Environmental Health ent. Wood burning fireplaces and beat. :es that utilize coal as a fuel are prohib- r to obtaining a building or demolition the applicant must have the existing tested for asbestos, and if any is pre- mst be removed by a licensed asbestos nt firm. It is recommended that testing well ahead of time so that, if removal is delays will not be experienced, ng construction, noise cannot exceed i permissible sound level standards, structlon cannot occur between the 10 p.m. and 7 a.m. developer shall provide sufficient a the foundation wall and proper to allow the Aspen trees on the east e lot to survive and grow properly. The e will enter the property from Spring as not to conflict with the trees. The used spruce trees will be replaced with s trees. There shall be no vegetation t (10) feet of the electrical switch gear t of the garage entrances. The tree pro- ar the Spring Street/alley intersection elocated to a site that is acceptable to e City Engineer and the Parks nt. applicant shall donate to the city those court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not affect any existing lit- igation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amend- ed as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the 27th day of April, 1998 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hear- ing a public notice of the same shall be pub- lished once in a newspaper of general circula- tion within the City of Aspen. INTRODUCED, READ AND ORDERED PUB- LISHED as provided by law, by the City Council of the City of Aspen on the 24th day of March, 1998. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney Published in The Aspen Times April 4, 1998. PUBLIC NOTICE RE: 1035 EAST DURANT APPLICATION FOR STREAM MARGIN REVIEW, CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT DEVELOP- MENT (PUD), AND SUBDIVISION. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 21, 1998, at a meeting to begin at 4:30 p.m. before the Aspen Planning and 'Zoning Commission, Sister Cities Room. City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by Aspen -Day Family Partnership LLLP, requesting approval of their application for Stream Margin Review, Subdivision, and a consolidated conceptual/final Planned Unit Development (PUD), including requests for variances from both the off-street parking and open space requirements of the underlying Resident ial/MultWarnily (R/MF) zone district. The property is located at 1035 East Durant Avenue. For further information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. s/Sara Garton, Chairperson Aspen Planning and Zoning Commission Published in The Aspen Times on April 4, 1998. Saturday -Sunday, April 4-5, 1998 • The Aspen Tinges 23-C Published in The Aspen Times on April PUBLIC NOTICE RE: CITY OF ASPEN LAND USE COL AMENDMENT NOTICE IS HEREBY GIVEN that a puhli( will be held on Tuesday. April 21. 1! meeting to begin at 4:30 p.m. before it Planning and Zoning Commission, Sist Meeting Room. City Hall, 130 S. Ga Aspen, to consider and forward a recur tion to City Council regarding wheth should be a permitted use in all residen districts, how ADUs should be approv ADUs should contribute to a property able floor area, whether an ADU sh required for an exemption from the Re'. Growth Management Quota System. ADUs should be required to be occup whether ADUs should be restricted to of housing rental restrictions. Amendment following Municipal Code Sections will sidered at this public hearing: 26.04.100 Definitions 26.28.040 Medium Density Residential (F 26.28.050 Moderate Density Residential 26.28.060 Moderate Density Residential -96.28.070 Moderate Density Residential i 26.28.080 Low Density Residential (R-30) 26.28.090 Residential Multi Family (RMF; 26.28.100 Residential Multi Family (RMF) 26.28.110 Affordable Housing/Planne Development (AHI-PUD) 26.28.120 Residential Mobile Home Park 26.28.130 Rural Residential (RR) 26.28.140 Commercial Core (CC) 26.28.150 Commercial (C 1) 26.28.170 Neighborhood Commercial (N( 26.28.180 Office 10) 26.28.190 Lodge/Tourist Residential (LTR 26.28.220 Conservation (C) 26.64 Special Review 26.100 Residential and Tourist Accommo Growth Management Quota System 26.102 Commercial and Office Devel( Growth Management Quota System For further information, contact Chris Bei the Aspen/Pitkin Community Devel( Department, 130 S. Galena St., Aspen, C( 920-5072. s/Sara Garton Aspen Planning and Zoning Comr Published in the Aspen Times on April 4, trees that must be removed from the PUBLIC NOTICE rUbLIL NU ILL Kt: SMALL LODGE TEXT AMENDMENT the applicant shall work with the City entlfying a location within the City to RE: 702 WEST MAIN STREET, SIGNIFICANT NOTICE IS HEREBY GIVEN that a public hearing d trees can be moved. Once a loco- DEVELOPMENT REVIEW (CONCEPTUAL AND will be held on Tuesday, April 21. 1998 at a meet - found, the applicant will pay the costs FINAL) AND PARTIAL DEMOLITION NOTICE IS HEREBY GIVEN that a public hearing ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities J with the relocatlon(s). , event required, a tree removal permit will be held on Wednesday, April 22,1998 at a Meeting Room, City Hall, 130 S. Galena St., btained from the Parks Department for meeting to begin at 5:00 p.m. before the Aspen Aspen, to consider amendments to Chapter ) that Is/are to be removed or relocat- Historic Preservation Commission. City Council 26.100 Growth Management Quota System, no excavation can occur within the Chambers, City Hall. 130 S. Galena St., Aspen, to specifically Section 26.100.050 Exemptions as it I the tree(s) to be preserved and no consider an application submitted by Mark and relates to the change in use/lodge expansion for A fill material can occur within Lees Pearson, requesting conceptual and Ilnai existing lodges in the LP Overlay district. For Brit development plan review and partial demo lition further information, contact Julie Ann Woods at 'tannedned Unit Development (PUD) shall approval, in order to make a garage and living the Aspen/Pitkin Community Development fight limit of twenty-eight (28) feet, as area addition to the existing house. The proper- Department, 130 S. Galena St., Aspen, CO (970) to the one-third (1/3) point along the ty is located at 706 W Main Street, the east 10 920-5100. represents a variance allowing for feet of Lot R and all of Lot S, Block 18, City and Townslte of Aspen. For further information, con- s/Sara Garton, Chair Aspen Planning and Zoning Commission. additional feet of height beyond the allowable height In the RMF zone dis- tact Amy Guthrie at the Aspen/Pitkin Published in the Aspen Times on April 4, 1998. Community Development Department, 130 S. tanned Unit Development (PUD) shall Galena St., Aspen. CO (970) 920.5096. RESOLUTION AUTHORIZING DESIGNATED Inimu�n spaC��rcqulrcment,of s/Suzannah Reid, Chair ELECTION OFFICIAL TO CANCEL ELECTION N9S.Q+� laifoP.�_ ��.a-.... _,-�......�..._.�.• _. ... W. • 4- p �) t/u s - Ar vie '* 4 VA,�, - Vera � r?eo�, le Ve,� P,6) U'` �a clekr��h�, erclw�y� � {7e,�a�;6 (aSCuuua, �m TotiLtv't, 0- f • • -jq-- - Ai) 0 - M,,, �S C� 4z:,,� to(�) 1, w I 4-1 Tk4w�.w�- �L ccr . 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'E� /Z� �\-D V 4GVA,\Vk!z �) dbl. c6l, C�A� Iry i�UC.�;S �cc4�— - w6�-V� CC64,w, mol ORDINANCE NO. 44 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, AMEND THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470, AMEND THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020, AMEND THE ZONE DISTRICTS ESTABLISHED IN SECTION 26.710, AMEND THE DEFINITION OF "ACCESSORY DWELLING UNIT," SECTION 26.104.100, AMEND THE OFF-STREET PARKING REGULATIONS, SECTION 26.515.030, AND AMEND SPECIAL REVIEW, SECTION 26.430 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, 26.710, 26.104.100, 26.515.030, and 26.430 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 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 of these amendments; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.520, 26.470, 26.575.020.26.710, 26.104.100, 26.515.030, and 26.430 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 existing and proposed Accessory Dwelling Unit Program on August 3, 1999, and continued the hearing to August 24, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to zero (6-0) 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, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described in Planning and Zoning Commission Resolution 99-24; and, Ordinance No. 44, Series of 1999 Page 1 00 N WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the text amendments to Sections 26.520, 26.470, 26.575.020, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code, as described herein, and commonly referred to as the "Accessory Dwelling Unit Program," meet or exceed all applicable standards and that the approval 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, THAT: 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 by replacing, in total, the language in said section with the following text: 26.520 Accessory Dwelling Units 26.520.010 Purpose 26.520.020 Definition 26.520.030 Authority 26.520.040 Applicability 26. 520.050 Design Standards 26. 520.060 Calculations and Measurements 26.520.070 Deed Restrictions, Recordation, Enforcement 26.520.080 Procedure 26.520.090 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. Ordinance No. 44, Series of 1999 Page 2 N N ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on -site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, 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, ADU's deed restricted to Mandatory Occupancy 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. An ADU cannot be conveyed as a property interest separate from the primary residence, and 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. If the 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 Ordinance No. 44, Series of 1999 Page 3 00 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 as a Conditional Use prior to the adoption of Ordinance No. 44, Series of 1999. 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 by the Commission, 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. 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. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. 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. 6. 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. Ordinance No. 44, Series of 1999 Page 4 00 N 7. 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. 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 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. Accessory Dwelling Units qualifying a property for a Floor Area Bonus, pursuant to Section 26.575.020(A)(6), shall be deed restricted to Mandatory Occupancy. This additional restriction requires the ADU be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. 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 Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. i Ordinance No. 44, Series of 1999 Page 5 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. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin 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. Ordinance No. 44, Series of 1999 Page 6 N M 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 of the 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, 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 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, Ordinance No. 44, Series of 1999 Page 7 N 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 26.470.070(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 three (3) options: a. Providing an Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. 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 five (5) options: 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; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable floor area of three hundred (300) square feet, pursuant to Section 26.520; d. providing two deed restricted Resident -Occupied (RO) dwelling units; or e. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Section 3: Section 26.430.030, which section defines the applicability of the Special Review land use process, is hereby amended to read as follows: Ordinance No. 44, Series of 1999 Page 8 N N Special Review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: • Dimensional requirements (Chapter 26.710 - Zone Districts), • Replacement of non -conforming structures ( Chapter 26.312) • Reduction of open space requirements in CC zone district (Section 575.030(B)), • Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060), • Subdivision standards (Section 26.480.050). • Accessory Dwelling Unit Design Standards (Section 26.520) Section 4: Section 26.430.040, which section defines the review standards for Special Review according to the type of development, is hereby amended by the addition of subparagraph H to read as follows: H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). Section 5• Section 26.104.100, which section defines terms used in the Land Use Code, is hereby amended by referencing the new Section number of the Accessory Dwelling Unit Program as follows: Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520 of this Title. Section 6: Section 26.515.030, which contains a chart defining the number of required off-street parking spaces according to zone district designation, is hereby amended to read as follows: *For single-family and duplex residential use and multi -family use: two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.430 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. Ordinance No. 44, Series of 1999 Page 9 so N Section 7: Section 26.575.020(A)(6), which section defines 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 Dwelling 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 a described below. Detached ADU Floor Area Bonus. Fifty (50) percent of the net livable square footage of an ADU which is detached from the primary residence by a distance of no less than ten (10) feet and which is housed in a structure with a footprint of no more than 625 square feet shall be excluded from the calculation of Floor Area. Mandatory Occupancy ADU Floor Area Bonus. Fifty (50) percent of the net livable square footage of an Accessory Dwelling Unit deed restricted to Mandatory Occupancy shall be excluded from the calculation of Floor Area. This Mandatory Occupancy restriction requires the ADU be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. Combined FAR Bonuses. If an ADU is eligible for both of the Floor Area bonuses described above, one hundred (100) percent of the net livable square footage of the ADU shall be excluded from the calculation of Floor Area. Section 8• Section 26.710, which section defines the purpose of, and regulates permitted uses, conditional uses, and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by eliminating the conditional use: Accessory Dwelling Units meeting the provisions of Section 26.520.040, and adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520, to the following zone districts: . 26.710.040 Medium -Density Residential (R-6). 26.710.050 Moderate -Density Residential (R-15). 26.710.060 Moderate -Density Residential (R-15A). 26.710.080 Low -Density Residential (R-30). 26.710.090 Residential Multi -Family (R/MF). 26.710.100 Residential/Multi-Family (R/MFA). 26.710.130 Rural Residential (RR). z 26.710.140 Commercial Core (CC). 26.710.150 Commercial (C-1). Ordinance No. 44, Series of 1999 Page 10 N M 26.710.180 Office (0). ' 26.710.190 Lodge/Tourist Residential (L/TR). 26.710.220 Conservation (C). Section 9: Section 26.710, which section defines the purpose of, and regulates permitted uses, conditional uses, and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520, to the following zone districts: 26.710.110 Affordable Housing/Planned Unit Development (AH1/PUD). 26.710.120 Residential Mobile Home Park (MHP). Section 10: 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 11 This Ordinance shall not affect 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 12: 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 13: A public hearing on the Ordinance shall be held on the 8`h day of November, 1999 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12`' day of October, 1999. Attest: l-C - - d-A�� Kathryn och, City Cler Rach E. Richards, Mayor Ordinance No. 44, Series of 1999 Page 11 FINALLY, adopted, passed and approved this F day o 999. Attest: ozoe Kathryn {och, City Clerk Rac el E. Richards, Mayor Approved as to form: C:\home\CHRISB\CASES\ADU—CODE\ADU—ord.doc Ordinance No. 44, Series of 1999 Page 12 0 4 PARCEL CASE NAI OWN/API REP:!' -'— FEES U Program Changes DATE RM TYP: Chris Bendon C/S/Z: PHN: C/S/Z; PHN l FEES RCVD:j— — STAT: F • MEMOR ANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Dev to ment Dire Joyce Ohlson, Deputy Directo FROM: Christopher Bendon, Planner iv RE: Land Use Code Amendments — Accessory Dwelling Unit Program Second Reading of Ordinance No. 44, Series of 1999. — Public Hearing Growth Management Quota System — Section 26.470 Accessory Dwelling Units — Section 26.520 Calculations and Measurements — Section 26.575.020 Zone Districts — Section 26.710 Accessory Dwelling Unit Definition — Section 26.104.100 Parking Regulations — Section 26.515.030 Special Review — Section 26.430 DATE: November 8, 1999 SUMMARY: At the Direction of City Council, staff has prepared amendments to the Accessory Dwelling Unit Program to address three primary goals that were developed during work sessions with City Council, the Planning and Zoning Commission, and the Housing Board. These goals are: 1. A higher rate of occupancy; 2. a guaranteed quality of units; and, 3. a simpler approval process. To achieve these goals, staff presented an Ordinance addressing these goals in the following manner: 1. Required mandatory occupancy deed restrictions for all ADU's used to exempt a new residence from the requirements of growth management; 2. included a series of design standards for all ADU's with a procedure to amend the standards with the P&Z; and, 3. an administrative review process for ADU's meeting the design standards. City Council adopted this Ordinance upon first reading after making amendments in the approach to the first item, namely the mandatory occupancy. Council was concerned about encumbering existing lots of records with additional growth management provisions but did, however, remain interested in providing incentives for land owners to rent their ADU's. Staff was asked to investigate additional "voluntary mandatory occupancy" provisions that could provide incentives for this additional deed restriction. The primary incentive the City has used and staff is suggesting be used again is additional Floor Area. Considering the Planning and Zoning Commission's (and City Council's) concern over the aesthetics of large homes, staff reviewed the pending Ordinance with the Commission to specifically address the use of Floor Area incentives. The Commission comments are summarized under "Main Issues" and staff has incorporated their concerns into the Ordinance. Staff believes the Ordinance presents a fair system and one that adequately encourages the renting of these Accessory Dwellings. Additional concerns were raised during first reading and staff has provided a response to these issues under the "Main Issues" section. Staff recommends City Council adopt Ordinance No. 44, Series of 1999. MAIN ISSUES: Mandatory Occupancy: City Council expressed some concerns during first reading about further requirements being placed on existing lots of record and the replacement of existing homes with new homes. The Ordinance was amended during the first reading to eliminate the requirement for mandatory occupancy when an ADU is used to gain an exemption from the City's growth management system. This Ordinance preserves the existing growth management exemptions for single- family and duplex development. An ADU would continue to provide an exemption independent of its occupancy requirement. Although the policy is not intended to change, staff recommends the language remain in the Ordinance to correct section references. This language is in Section 2 (page 8) of the proposed Ordinance. Floor Area Incentives: City Council requested that staff propose amendments to the Ordinance to re -instate incentives to encourage mandatory occupancy restrictions on ADU's on a voluntary basis. The most effective incentive available to the City has been Floor Area. The former system allowed a developer to count only 50% of the ADU towards Floor Area if the unit was either restricted to mandatory occupancy or detached from the main house by 10 feet. Double exemptions are not permitted. On November 2"d staff reviewed the potential methods of encouraging greater occupancy through the use of Floor Area incentives with the Planning and Zoning Commission. Their unanimous response to additional Floor Area incentive was a negative one. There has been ongoing criticism over the mass and scale being accomplished in residential development and the Community Development Department has been directed to propose modifications to residential FAR's. That work has been initiated and will be forth coming during the first quarter of 2000. The Commission agreed that 2 those revisions may or may not incorporate certain incentives for all sorts of preferred development practices, including occupancy of ADU's. Concentrating on City Council's desire to provide incentives for mandatory occupancy, the Commission suggested a new concept in which the applicant could receive an equivalent amount of cash -in -lieu that would have been paid for an exemption in return for the additional deed restriction on an ADU. In other words, to gain an exemption from GMQS a developer would have the option of paying a cash - in -lieu payment to the Housing Authority or receiving an equivalent amount of payment from the Housing Authority for building a mandatory occupancy ADU. In this scenario, all ADU's used for an exemption from GMQS would be required to be deed restricted to mandatory occupancy. The only difference would be that the developer would receive a cash payment for the additional restriction to mandatory ' occupancy. Staff and the Director of the Housing Authority have concerns over the administration of a system whereby the Housing Authority is required to outlay moneys on this Program. This is a relatively new concept to this discussion and one that has not had the benefit of input by the Housing Authority at the time of this memorandum. If this idea is one in which Council is interested in pursuing, staff recommends the Ordinance be tabled until more input from the Housing Authority may be sought. In the alternative, a system of "purchasing" a mandatory occupancy restriction from ADU owners could be entirely addressed in the Housing Guidelines. This type of system would function well with Floor area incentive offered through the Land Use Code. In light of these concerns and in response to Council's clear directive regarding Floor Area incentives, staff is proposing a series of options. All of these options preserve a basic ADU (with no FAR exemptions) as an exemption from GMQS: 1. Eliminate all FAR exemptions for ADU's and postpone all FAR discussions to the forthcoming FAR review. Provide a 50% FAR incentive for mandatory ` � tory occupancy deed restrictions. This is (J� the current system and one in which has not garnered much interest. There are O only a few applicants who have responded to this incentive. b 3. Provide a 50% FAR incentive for mandatory occupancy and 50% FAR incentive for "detached" units. And, allow the aggregation of the incentives for a 100% incentive for detached units that are deed restricted to mandatory occupancy. This builds on the current system that does not currently allow this aggregation. This Oencourages a preferred development practice of detached structures — a provision of the Residential Design Standards — in a system that will result in occupied units. Staff has asked a few members of the Planning and Zoning Commission to be present during the public hearing to address any questions the Council may have of their deliberation. • Bandit Unit Legalization: A concern about possible retro-active penalties being enacted upon legalization of a bandit unit was raised during first reading. The bandit unit clause is specifically intended to allow land -owners the opportunity to easily legalize their unit with a check of the unit for compliance with the building code. Staff has included additional language in the Ordinance elaborating on this point. "No retro-active penalties or assessments shall be levied against any bandit unit upon legalization." This language is included on page 6 of the Ordinance. Net Livable Space Requirement: Council expressed a concern about the 300 square foot minimum size for an ADU and compliance with the Building Code. The UBC provision for "efficiency units" requires 220 square feet for the main room and an additional 100 square feet for each occupant in excess of two people. The general UBC requirement for a dwelling is a room of no less than 120 square feet with each additional room no smaller than 70 square feet. The 300 square foot provision has been in lace for approximately 10 years and staff q P P does not believe it represents a dilemma with respect to the building code. 300 square feet, however, is a small space and City Council may wish to establish a higher minimum. An amendment to this provision relates to the proposed Design Standards, page 4 of the Ordinance. Review and Approval Process: One of the primary elements of the new Program is the simplified review procedure. Under this proposed Ordinance, ADU's may be approved by the Planning Director if they meet two simple standards: 1) the design standards have been accomplished; and, 2) a preliminary deed restriction has been reviewed by the Housing Office and is recorded prior to a building permit application submittal. The new process allows for Special Review under two circumstances: 1) An applicant is seeking a variance from the design standards; or, 2) an appeal of the Director's determination is sought. These Special Reviews are heard by the Planning and Zoning Commission unless the ADU is proposed on a historic property, in which the HPC may consider the Special Review. Public Hearing: City Council expressed a concern about a neighbor's ability to contribute to the approval process for an ADU in their neighborhood. Specifically, Council was concerned about the removal of the public notification to the neighborhood when an ADU is proposed. Staff is suggesting the design standards are adequate to address typical neighborhood impacts but that Council may want to consider a noticing requirement for variations to the standards. The current Program requires an intricate review of each ADU because there are no design standards. Through its ten-year history, the Program has informally adopted a 4 set of design standards to address common concerns raised during the public hearings. The Commission typically requires the same conditions of approval, staff typically recommends the same conditions of approval, encourages the applicant to proposed an ADU in an acceptable (to the Commission) manner. Some local architects and developers even approach staff with sketch plans that incorporate these de -facto design standards. The codification of design standards is intended to address concerns that are typically raised by staff, the Commission, and by neighbors but in a process that reduces as much as three months of review. Additional noticing requirements may be appropriate for Special Reviews. This is the process staff is suggesting for applicants wanting to vary the design standards for their ADU. Varying requirements for a parking space, setbacks, etc. are typically of concern to neighbors. An additional noticing requirement would be similar to the Residential Design Standards process, which requires a public hearing only if the a plicant is requesting a waiver. Vv Staff has amended the Special Review language to require public noticing when a variance of the ADU standards is sought. This language may be found on page 7 of the Ordinance. Delayed Effective Date: Staff originally brought the issue of a delayed effective date to Council's attention when the Ordinance included a provision for mandatory occupancy. Without this requirement, staff does not believe a delay date is necessary as the provisions of the Ordinance will make the process easier but not necessarily more burdensome to an applicant. Staff does not recommend the use of a delayed effective date. Considering the nossible FAR incentives to be used and the forthcoming FAR related discussions, staf. does believe there may be a timing issue for Council's consideration. If Council is not interested in providing further FAR incentives until the entire Floor Area provisions are analyzed in detail, then the Program should be adopted with only the provisions currently acceptable to Council. Additional incentives can always be provided in the context of later FAR discussions. Design Standards: The new ADU Program suggests a set of minimum standards for ADU's. An applicant will need to demonstrate compliance with these in order to gain an administrative approval. This is a new provision under the proposed Ordinance and will result in an expedited review. In the alternative, an applicant may seek a Special Review from the Planning and Zoning Commission to alter the requirements. The Commission is comfortable that these standards will result in an acceptable quality of \n units. Please refer to page 4 within the proposed Ordinance for the design standards. U° The Commission did express some concerns over the design standards in relation to the removal of the mandatory occupancy provision. The Commission originally �M recommended that an ADU could have an interior door as well as the required 5 exterior door. In recommending this provision, the Commission was relatively sure the ADU would be rented and use of the interior door would be optional. However, without a mandatory occupancy provision, the interior door represents an incentive to use the ADU as an additional room for the main house and not necessarily as a rental apartment. Considering the amended Ordinance, the Commission is now recommending City Council eliminate this interior door option unless approved as a Special Review. Staff concurs with the Commission and has amended the proposed Ordinance. This change relates to the design standards, page 4 of the Ordinance. Extension of Program to additional Zone Districts: The current regulations allow ADU's as a conditional use in all residential zone districts except for the R-15 B, AH 1-PUD, and Mobile Home Park Zone Districts. 11 }} The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an V� agreement that ADU's would not be allowed in the zoning. Staff is not proposing to amend this circumstance. The AH1-PUD Zone District does not allow for ADUs. Staff believes extending the Program to this zone district would benefit the ADU Program and the community's desire to create additional affordable housing opportunities. Staff is recommending this ADU Program be extended to the AH1-PUD Zone District. It should be noted that ADU's are not considered units of density and will not contribute to the required 70/30 affordable housing "mix" of the AHl-PUD Zone District. A question regarding the ability to construct an ADU as an accessory unit to a free- market unit within this zone district was asked during first reading. This code amendment would allow this practice. More importantly, however, the code amendment would allow an ADU on any unit within this zone district. It should be noted that existing affordable housing projects are guided by an adopted PUD and significant changes such as parking and coverage of additional lands would be required to go through an amendment process. City Council may want to consider whether or not the ADU Program should be limited to single-family and duplex residences in the AH Zone District. The Commission contemplated the extension of the Program to the Mobile Home Park Zone District and concluded the concept had merit for two reasons: 1) the extension could provide additional housing opportunities for local working residents; and, 2) residents significant remodeling their property may benefit from the rental income. L_ Staff believes the concerns over density and parking may be self-regulating in that �)ANM V any waiver from the design standards must be reviewed by the P&Z. For example: If a land owner wanted to waive a parking space to construct an ADU, the applicant r� would have to convince the P&Z that no adverse impacts would come of the neighborhood. Moreover, the applicant would need to notify adjacent landowners 6 0 about the waiver request and the Commission could consider the neighbor concerns first-hand. Staff has spoken with several residents of the mobile home park. These residents have expressed to staff a desire to extend the Program to their neighborhood. Staff recommends the Program be extended to the MHP Zone District. APPLICANT: Community Development Department. PREVIOUS ACTION: The Commission and City Council requested these code amendments during the April 6, 1999, joint work session. The Commission recommended approval the Ordinance presented during first reading by a 6-0 vote on August 24, 1999. On October 12, 1999, City Council considered this Ordinance, made modifications, and adopted upon first reading. REVIEW PROCEDURE: Code Amendment. The Commission shall recommend approval, approval with conditions, or denial to the City Council during a public hearing. The City Council shall, by Ordinance, adopt, adopt with conditions, or deny the amendment during a public hearing. RECOMMENDED MOTION: "I move to adopt Ordinance No. 44, Series of 1999." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Staff Comments 7 Exhibit A ADU Program STAFF COMMENTS: Text Amendment Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment intends to simplify the process and increase the performance of Accessory Dwelling Units. Specific provisions encourage units providing high quality living as an affordable housing alternative. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the ADU Program are supported by the AACP. There are many references to ADU's and Cottage Infill, as well as interspersed employee housing to promote a healthy social fabric and a balance between the resort and the community. The intention of growth management is to ensure growth of exempt free-market housing is off -set with an equal benefit to the community. Projects, including single-family residences, are scored on a set of community benefit criteria; the highest scored projects of each year gain allotments. The exemption procedure sets a minimum level of community benefit for residential lots created through GMQS. An ADU has been part of this minimum threshold. However, the community expected an approximate 80% utilization of these ADUs when the program was initiated. Actual utilization has been more in the range of 25%, with some units functioning as guest rooms, etc. In a community where preserving a "critical mass" of local working residents is so important, the community has expressed disappointment with the current ADU Program which essentially provides exemptions from growth management for "guest rooms" that are not required to be occupied. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is proposed for all residential zone districts and also mixed use zones where a single-family or duplex could be developed except for the R-15B Zone District. Due to the relative size of these units compared with a primary unit on the site, staff feels staff comments page 1 • these accessory dwelling units will be compatible with typical land uses, densities, and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed Program encourages a "critical mass" of residents Upvalley and within walking or transit distance to land uses frequently accessed such as employment, recreation, shopping, etc. Staff believes more residents in town, either able to walk to destinations or drive a shorter distance, will lessen traffic generation and further enhance the pedestrian friendliness of Aspen. ADU's do represent additional living units and more cars on local streets. However, this needs to be weighed against substantially longer commuter trips from Downvalley for commuters and for employees of primary residences. Staff believes there exists a significant community benefit associated with this proposed Program. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The types of uses and densities possible with the existing ADU program has not presented excessive demands on public facilities. The development permit process does address some of these concerns through tap fees, park fees, and drainage plans. Other impact fees are only applied to subdivisions, such as the school impact fee. Additional employee units of any type will represent additional burdens on the infrastructure. The community has demanded more affordable housing with the expectation that some of this development may require additional general services. Generally, additional development within already developed areas can be served with basic services more readily compared with greenfield development. Also, preserving and enhancing a healthy social balance with integrated affordable housing addresses the most important infrastructure - the social infrastructure and sense of community. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The ADU Program as proposed would allow an applicant to vary dimensional requirements of the underling zoning with a review by the Planning and Zoning Commission. This would be unchanged from the current program and each case could be staff comments page 2 • reviewed for its individual merits. Generally, staff believes this Ordinance will encourage shorter commuting trips which has obvious environmental benefits. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: One of the most profound differences between Aspen and other mountain resort towns is its history as a "real' town. Although there are continual challenges to the original theme, Aspen is not merely a real estate development accessory to a resort economy, it is a town. Characteristic of traditional towns, and important to Aspenites as expressed in the Community Plan, is a "critical mass" of residents and an interspersed social layering. The interspersed nature of these units will promote community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The original ADU Program expected 80% utilization of these units without occupancy requirements. Actual utilization has been around 25%, far below expectations. Also, this proposed ADU program will emphasize units on -site rather than a cash -in -lieu payment; a policy the Housing Authority has promoted for years. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for integrated affordable housing opportunities within established neighborhoods. The community has favored infill opportunities over large scale greenfield solutions to affordable housing. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing on -site employee housing opportunities for working residents and reducing the dependence on the automobile by providing housing near employment and recreation centers. Fewer long distance commuter trips represents good environmental policy and providing incentives for high quality living units promotes healthy living conditions. In addition, the public benefits by a reduced timeframe for approval of Accessory Dwelling Units which are proposed to be reviewed administratively with this Ordinance. staff comments page 3 • • ma o ADU Thoughts \ 1. Underground space should remain "free" — not counted F.A.R. as it does not affect the "mass" of the house. yg 2. We agree you should streamline the process — it saves staff & builder time and money. 3. People should be allowed to put the ADU where it "fits" (for design, \rl access, lot size) above or below grade. (Key Point — a garden level ADU may encourage rentals). 4. F.A.R. has recently been reduced by allowing a one -car garage in the city (250 sq. ft.). A second car space, also very valuable for storage — now comes from the living space,which discourages families from renting the ADU because they need the living space. 5. The more people are penalized with F.A.R. reduction, the probability of renting their ADU lessens. 6. In order to realize viable occupancy for these ADU's a possibility may be a real F.A.R. bonus — like 1 to 1 ie. build 350 sq. ft. apartment for rent and add that amount (350 sq. ft.) to your above grade space thereby creating a "free market choice" for the owner. This should encourage rental. 7. Highly discourage any "Mandatory" rental/build requirements, which may open everyone up to lawsuits. 8. Reduce Cash in Lieu to make it more attractive for owner/developers to pursue this option, thereby generating more income to build affordable W1 j �V housing, $42.00 per square foot is an outrageous number. NOV 0 2 1999 M /hw W wmwmq, • • 3ff. A. MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director 1�� FROM: Christopher Bendon, Planner RE: Accessory Dwelling Unit Program — Public Hearing Referral to City Council on Occupancy and Incentives DATE: November 2, 1999 SUMMARY: City Council adopted, on first reading, code amendments related to Accessory Dwelling Units (ADU's). In the first reading, Council made some changes to the proposed language and requested staff look into further changes. Pending Ordinance No. 44, Series of 1999, is attached for your reference. As a provision of the ADU Program recommended by the Commission, the existing Floor Area incentives related to mandatory occupancy were removed. The Commission's recommendation required mandatory occupancy for all ADU's used as housing mitigation for a Growth Management Exemption. City Council does not appear to be interested in an ADU Program that is based on all "sticks" and no "carrots." They remain interested in ways to increase occupancy, but do not want to tie mandatory occupancy to exemptions from the GMQS. In the alternative, Council expressed an interest in providing incentives for property owners to voluntarily deed restrict their ADU to mandatory occupancy in exchange for a benefit. The most basic benefit to offer property owners remains Floor Area. The current system offers `/2 of the ADU's Floor Area for free (to not count towards the total allowed) in exchange for the mandatory occupancy restriction. This has not been a successful incentive as ADU's developed below grade are almost completely exempt from Floor Area calculations. Considering this turn of events, staff is seeking the Commission's input in returning a useful recommendation to City Council. Staff has developed a few items for the Commisison to consider. These are in no particular order and the final suggestion from the Commission may actually be a combination of these items. Above Grade: Require ADU's be developed above grade, or at least 50% above grade. This returns an earlier suggestion of the Program to improve livability. The theory behind this would be to improve access to light and natural air ventilation. This also requires that at least a portion of the ADU counts towards Floor Area and makes the incentive more interesting to land owner. Interior Entrances: One suggestion may be to eliminate the option of interior entrances. This by itself, with no other amendments, could encourage greater occupancy. One of the primary criticisms of the current program is that ADU's are more often used as guest suites or billiards rooms that actual living quarters. Eliminating the interior door option would complicate this style of usage and a land owner may be more likely to house a caretaker or another member of the community. As a design standard, a land owner would have the option of requesting the interior entrance from the P&Z under the Special Review criteria. Increase Floor Area Incentive: Increase the Floor Area exemption to 100% of the area of the ADU if deed restricted to mandatory occupancy. Any ADU (due to required area for window wells, entrances, etc.) counts in some capacity against allowable Floor Area. This doesn't eliminate the "below -grade incentive," but does provide some incentive to all potential ADU's. One significant benefit of this approach may be to encourage owners of existing ADU's to convert their ADU to mandatory occupancy to achieve some additional Floor Area. A potential down side may be the additional bulk and mass allowed on small town site lots — an expressed concern of he Commission and Council. To address this bulk issue, the Commission may want to suggest a 100% incentive only be provide at such time as amendments to Floor Area are adopted. Staff recommends the Commission consider the manner in which occupancy of ADU's could be improved through the use of incentives and/or amendmentsto the pending Ordinance. ATTACHMENTS: Exhibit A -- Pending Ordinance 44, Series of 1999. 2 1994 UNIFORM BUILDING CODE 310.4-310.7 EXCEPTION: The window or door may open into an atrium complying with Section 402 provided the window or door opens onto an exit balcony and the dwelling unit or guest room has an exit which does not open into the atrium. Escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet (0.53 m2). The minimum net clear openable height dimension shall be 24 inches (610 mm). The mini- mum net clear openable width dimension shall be 20 inches (508 mm). When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than 44 inches (1118 mm) above the floor. Escape and rescue windows with a finished sill height below the adjacent ground elevation shall have a window well. Window wells at escape or rescue windows shall comply with the following: 1. The clear horizontal dimensions shall allow the window to be fully opened and provide a minimum accessible net clear opening of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm). ' 2. Window wells with a vertical depth of more than 44 inches (1118 mm) shall be equipped with an approved permanently affixed ladder or stairs that are accessible with the window in the fully open position. The ladder or stairs shall nRRt encroach into the required dimensions of the window well by more than 6 inches (152 mm).12 y S2 ( &21 • i? k r Azc e`5.5 1 r I-%e- `s - Q N U m6 - 9u ki'L'04 Bars, grilles, grates or similar devices may be installed on emergency escape or rescue windows, doors or window wells, provided: 1. The devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and 2. The building is equipped with smoke detectors installed in accordance with Section 310.9. 310.5 Light, Ventilation and Sanitation. Light and ventilation shall be as specified in Chapter 12. The number of plumbing fixtures shall not be less than specified in Section 2902.6. 310.6 Room Dimensions. 310.6.1 Ceiling heights. Habitable space shall have a ceiling height of not less than 7 feet 6 inches (2286 mm) except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet com- partments may have a ceiling height of not less than 7 feet (2134 mm) measured to the lowest pro- jection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches (1219 mm) on center, ceiling height shall be measured to the bottom of these members. Where ex- posed beam ceiling members are spaced at 48 inches (1219 mm) or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than 7 feet (2134 mm) above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is re- quired in only one half the area thereof. No portion of the room measuring less than 5 feet (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the mini- mum area thereof. If any room has a furred ceiling, the prescribed ceiling height is required in two thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet (2134 mm). 310.6.2 Floor area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet (11.2 m2) of floor area. Other habitable rooms except kitch- ens shall have an area of not less than 70 square feet (6.5 m2). Efficiency dwelling units shall comply with the requirements of Section 310.7. 310.6.3 Width. Habitable rooms other than a kitchen shall not be less than 7 feet (2134 mm) in any dimension. 310.7 Efficiency Dwelling, Units. An efficiency dwelling unit shall conform to the requirements of the code except as herein provided: 1-49 • • 310.7-310.9.1.5 1994 UNIFORM BUILDING CODE 1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of superficial floor area. An additional 100 square feet (9.3 m'-) of superficial floor area shall be provided for each occu- pant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 310.8 Shaft and Exit Enclosures. Exits shall be enclosed as specified in Chapter 10. Elevator shafts, vent shafts, dumbwaiter shafts, clothes chutes and other vertical openings shall be enclosed and the enclosure shall be as specified in Section 711. In nonsprinklered Group R, Division 1 Occupancies, corridors serving an occupant load of 10 or more shall be separated from corridors and other areas on adjacent floors by not less than approved fixed wired glass set in steel frames or by 20-minute smoke- and draft -control assemblies which are automatic closing by smoke detection... ,;i, •, . +(1 _,y P-t COYi i1d�` ,�t,tt;,# ke rr'ttC�iy col 310.9 Smoke Detectors and Sprinkler Systems. 310.9.1 Smoke detectors. 310.9.1.1 General. Dwelling units, congregate residences and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer's instructions. 310.9.1.2 Additions, alterations or repairs to Group R Occupancies. When the valuation of an addition, alteration or repair to a Group R Occupancy exceeds $1.000 and a permit is required, or when one or more sleeping rooms are added or created in existing Group R Occupancies, smoke detectors shall be installed in accordance with Sections 310.9.1.3, 310.9.1.4 and 310.9.1.5 of this section. EXCEPTION: Repairs to the exterior surfaces of a Group R Occupancy are exempt from the require- ments of this section. 310.9.1.3 Power source. In new construction, required smoke detectors shall receive their pri- mary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup. The detector shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than those required for over - current protection. Smoke detectors may be solely battery operated when installed in existing buildings: or in buildings without commercial power; or in buildings which undergo alterations, repairs or additions regulated by Section 310.9.1.2. 310.9.1.4 Location within dwelling units. In dwelling units, a detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or base- ment is split into two or more levels, the smoke detector shall be installed on the upper level, except that when the lower level contains a sleeping area, a detector shall be installed on each level. When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. 310.9.1.5 Location in efficiency dwelling units, congregate residences and hotels. In efficien- cy dwelling units, hotel suites and in hotel and congregate residence sleeping rooms, detectors shall 1-50 Pending ADU Program This is a summary of the ADU Program City Council will be considering: GMQS Exemptions. The exemption opportunities for single-family and duplex residence will remain the same with these changes. The cash -in -lieu will still be available. The significant change in the new program is the requirement of mandatory occupancy on ADU's used to obtain an exemption from Growth Management. Process. ADU's would become a staff level review, no longer having to be reviewed by the Planning and Zoning Commission. This would allow the development of a single- family residence to proceed to Building Permit within weeks rather than months. Design Standards. ADU's will have a simple set of minimum design standards. Requirements such as a kitchen, bath, exterior entrance, etc. would become part of the code. These design standards could be altered with a review by the Planning and Zoning Commission. FAR Bonuses. The prior ADU Program "rewarded" certain ADU's by counting only half of the FAR for the unit. The Commission's recommendation for this code amendment was to eliminate these FAR bonuses. ExistingADU's. This code amendment only affects new ADU's. No policy changes would be retroactively enacted upon existing ADU's. City Council Hearings: An Ordinance takes tN o readings to adopt. • First reading will be on October 12, 1999, at a meeting starting at 5:00 in the City Council Chambers. • Second Reading will be November 8, 1999, at a meeting starting at 5:00 in the City Council Chambers. A;>J'F?b&vnm RANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo FROM: Christopher Bendon, Planner I* \11 4 ammos RE: Land Use Code Amendments — AgVessory Dwelling Unit Program First Reading of Ordinance No. 111TIL, Series of 1999. Growth Management Quota System — Section 26.470 Accessory Dwelling Units — Section 26.520 Calculations and Measurements — Section 26.575.020 Zone Districts — Section 26.710 Accessory Dwelling Unit Definition — Section 26.104.100 Parking Regulations — Section 26.515.030 Special Review — Section 26.430 DATE: October 12, 1999 SUMMARY: Staff has held several work sessions concerning revisions to the Accessory Dwelling Unit (ADU) Program. During the April 6, 1999, work session, City Council, the Planning and Zoning Commission, and a few participating members of the Housing Board directed staff to return with a revised ADU Program meeting three essential goals: 1) A more effective program requiring occupancy deed restrictions for growth management ADU's; 2) A guaranteed quality of units by use of design standards; and, 3) A simpler approval process. Staff believes this proposed Ordinance meets these three goals. Please find attached a proposed Ordinance containing new code language for the Accessory Dwelling Unit section of the land use code. Staff has highlighted important aspects of the new program under the heading "Main Issues." Three important aspects of this Ordinance are: 1) The "mandatory occupancy" provision for ADUs developed in order to gain an exemption from growth management; 2) the elimination of Floor Area incentives for mandatory occupancy and detached ADU's; and, 3) the effective date of the new regulations. In order to tailor this Ordinance to meet the expectations of Council, staff will request some direction on these three aspects. Staff recommends City Council adopt Ordinance No., Series of 1999, upon first reading, establishing the public hearing date as November S, 1999. • u MAIN ISSUES: Growth Management Exemptions: A specific request by elected and appointed officials has been to improve the occupancy level of ADU's. A concern raised frequently by the Planning and Zoning Commission and Council has been the low rate of community benefit (occupancy) in return for an exemption from the Growth Management Quota System. An exemption from the more stringent requirements of growth management should only be granted when there exists a significant benefit to the community. This benefit, as stated by the Commission and City Council, is mandatory occupancy. This new ADU program amends growth management by requiring an occupancy restriction on ADU's developed for the purpose of acquiring a single-family or duplex exemption from competition and scoring of growth management. Please refer to Section 2 of the proposed Ordinance. It should be noted that this new mandatory occupancy requirement will be met with some resistance. With adoption of this Ordinance, the options for obtaining an exemption from growth management for a single-family residence are: 1) an occupied ADU; 2) payment of a housing impact fee ($42 per new square foot of FAR); or, 3) deed restricting the main residence to Resident Occupied (RO). These three options have always existed, but the ADU option has not previously included this mandatory occupancy deed restriction. Floor Area Incentives for Better Designed Units: A few earlier versions of a new ADU Program included FAR incentives for ADU's of greater quality. Examples of elements a developer could provide might be a full bath rather than a % bath, a larger kitchen, a porch, or a deck. The existing code grants an FAR bonus for detached, above grade ADU's (the typical alley house style of development). The "bonus" allows only half the square footage of the ADU to count towards the allowable Floor Area for the property. Based on the Planning and Zoning Commission's desire to simplify the Program and minimize negative effects of mass and scale on Aspen's residential lots, this Ordinance eliminates all of these "FAR bonuses." The discussion at the Commission concluded the "reward" for units of greater quality will be realized by the land owner's ability to receive a higher rent while the City's main concern, livability, is guaranteed through the design standards. N 1Vu N Staff remains concerned about the removal of these incentives. A successful program should provide a balance of "carrots" and "sticks." Removing the biggest carrot — floor area — combined with instituting a rather large stick — mandatory occupancy — may unbalance this program and eventually threaten the Program's success. Staff presented this proposed Ordinance to the Board of Realtors who also expressed concerns about the removal of the Program's "carrots." They suggested that, at a minimum, the previous Floor Area bonus for mandatory occupancy remain in the new Program. 2 • � IL - Furthermore, providing an increase in the property's development rights as a quid- pro -quo in exchange for the mandatory occupancy restriction would legally strengthen the Program. The City Attorney has expressed a concern about the �— removal of the Floor Area incentive in coordination with the mandatory occupancy restriction. Staff will raise this issue during first reading and request direction from the Council for the desired modifications for second reading. Pending Ordinance and Effective Date: A provision of the land use code establishes a "pending Ordinance" at such time as the Planning and Zoning Commission recommends an Ordinance be adopted unless otherwise stated in the P&Z Resolution. A pending Ordinance prevents the Planning Office from accepting land use applications that are not in compliance with the new regulations prior to their actual adoption. The Commission's Resolution did not create a pending Ordinance and land owners may still apply under the previous ADU regulations. City Council has an option of selecting an effective date for this Ordinance. Without 1�a any specific action by the Council, this Ordinance will become a "pending Ordinance" upon first reading and no new applications will be processed under the yli` prior code. City Council has two remaining options: 1) establishment of an effective date on the adoption date (second reading); or, 2) establishment of a delayed effective date after final adoption (perhaps January 1, 2000). Design Standards: The new ADU Program suggests a set of minimum standards for ADU's. An / applicant will need to demonstrate compliance with these in order to gain an G�''�t n� administrative approval. This is a new provision under the proposed Ordinance and will result in an expedited review. In the alternative, an applicant may seek a Special Review from the Planning and Zoning Commission to alter the requirements. The Commission is comfortable that these standards will result in an acceptable quality of units. Please refer to page 4 within the proposed Ordinance for the design standards. Review and Approval Process: One of the primary elements of the new Program is the review procedure. Under this proposed Ordinance, ADU's may be approved by the Planning Director if they meet two simple standards: 1) the design standards have been accomplished; and, 2) a preliminary deed restriction has been reviewed by the Housing Office and is recorded prior to a building permit application submittal. Consistent with the existing Program, bandit units may be legalized if they are improved to the standards of the UBC. The new process also allows for Special Review under two circumstances: 1) An applicant is seeking a variance from the design standards; or, 2) an appeal of the (� Director's determination is sought. These Special Reviews are heard by the Planning and Zoning Commission. , 4. WIV (() M go 3 d ly" 6 If, however, the property is historically designated, the applicant has the ability to consolidate review procedures and seek Special Review approval from the Historic Preservation Commission. Similar to Design Review Appeal Committee (DRAC) applications, the applicant cannot "shop for a Board." In other words, if the HPC denies a Special Review the application is completed. Extension of Program to additional Zone Districts: The current regulations allow ADU's as a conditional use in all residential zone districts except for the R-15 B, AH 1-PUD, and Mobile Home Park Zone Districts. The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an agreement that ADU's would not be allowed in the zoning. Staff is not proposing to amend this circumstance. The AH1-PUD Zone District does not allow for ADUs. Staff believes extending the Program to this zone district would benefit the ADU Program and the community's t� desire to create additional affordable housing opportunities. Staff is recommending this ADU Program be extended to the AH1-PUD Zone District. It should be noted that ADU's are not considered units of density and will not contribute to the required 70/30 affordable housing "mix" of the AH 1-PUD Zone District. The Mobile Home Park (MHP) Zone District does not allow ADU's. The land use approvals for the Smuggler Park Subdivision did not contemplate ADU's, as the ADU Program was not adopted until much later than the establishment of this Zone. IAA ^ �� As individual lots within the park are redeveloped with frame construction, there WV exists the opportunity to incorporate ADU's into the structures. Also, when the older pre -fabricated units are removed and replaced with frame construction, the developer is required to seek an exemption from growth management. Staff believes that allowing ADU's within the MHP Zone District would further the goals of the ADU Program and provide additional housing opportunities for local working residents. Staff is recommending the ADU Program be extended to the MHP Zone District. The Commission concurred with staff s recommendation. In addition, the Commission advocated the Program's extension to the Smuggler Mobile Home Park, as those residents may benefit from the additional rental income. APPLICANT: Community Development Department. PREVIOUS ACTION: The Commission and City Council requested these code amendments during the April 6, 1999, joint work session. The Commission recommended approval of this Ordinance by a 6-0 vote on August 24,1999. City Council has not previously considered this Ordinance. REVIEW PROCEDURE: Code Amendment. The Commission shall recommend approval, approval with conditions, or denial to the City Council during a public hearing. The City Council 4 • 0 shall, by Ordinance, adopt, adopt with conditions, or deny the amendment during a public hearing. RECOMMENDED MOTION: "I move to adopt Ordinance No.�, Series of 1999, upon first reading." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Staff Comments 5 MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner RE: Code Amendments — Public Hearing (continued from 8.3.99) Accessory Dwelling Unit Program: Growth Management Quota System — Section 26.470 Accessory Dwelling Units — Section 26.520 Accessory Dwelling Unit Definition — Section 26.104.100 Parking Regulations — Section 26.515.030 Special Review — Section 26.430 DATE: August 24, 1999 SUMMARY: Staff has held several work sessions concerning revisions to the Accessory Dwelling Unit (ADU) Program. During the April 6, 1999, work session, City Council, the Planning and Zoning Commission, and a few participating members of the Housing Board directed staff to return with a revised ADU Program meeting three essential goals: 1) A more effective program requiring occupancy deed restrictions for growth management ADU's. 2) A guaranteed quality of units by use of design standards. 3) A simpler approval process. Please find attached a proposed Resolution containing new code language for the ADU section of the land use code. Section I of this Resolution includes the new ADU Program. Section 2 includes the mandatory occupancy requirement for growth management exemption ADU's. Staff has highlighted important aspects of the new program under the heading "Main Issues." Staff recommends the Commission consider the proposed language, take and consider public testimony, and pass forward a recommendation of approval to the City Council. MAIN ISSUES: Growth Management Exemptions: A specific request by elected and appointed officials has been to improve the occupancy level of ADU's. A primary point of concerns raised frequently by the Commission has been the low rate of community benefit (occupancy) in return for an exemption from the Growth Management Quota System. As the Commission has stated, an exemption from the more stringent requirements of growth management should only be granted when there exists a significant benefit to the community. This new ADU program amends the corresponding section of growth management by requiring an occupancy restriction on ADU's developed for the purpose of acquiring a single-family or duplex exemption. Please refer to Section 2 of the proposed Resolution. Design Standards: The new ADU Program suggests a set of minimum standards for ADU's. An applicant will need to demonstrate compliance with these in order to gain an approval. In the alternative, an applicant may seek a Special Review to alter the requirements. The Commission should be comfortable that these standards will result in an acceptable quality of units. Please refer to 26.520.050 within the proposed Resolution for the design standards. Process: One of the primary elements of the new Program is the review procedure. ADU's may be approved by the Director if they meet two simple standards: 1) the design standards have been accomplished; and, 2) a preliminary deed restriction has been reviewed by the Housing Office and will be recorded prior to a building permit application. Consistent with the existing Program, bandit units may be legalized if they are improved to the standards of the UBC. The new process allows for Special Review in two circumstances: 1) An applicant is seeking a variance from the design standards; or, 2) an appeal of the Director's determination is sought. These Special Reviews are heard by the Planning and Zoning Commission. If, however, the property is historically designated, the applicant has the ability to consolidate review procedures and seek Special Review approval from the Historic Preservation Commission. Similar to DRAC applications, the applicant cannot "shop for a Board." In other words, if the HPC denies a Special Review the application is completed. Incentives for Better Designed Units: A few earlier versions of a new ADU Program included FAR incentives for ADU's of greater quality. Examples of elements a developer could provide might be a full bath, a larger kitchen, a porch, or a deck. The existing code grants an FAR bonus for detached, above grade ADU's (the typical alley house style of development). The "bonus" allows only half the square footage of the ADU to count towards the allowable for the property. Based on previous discussions with the Commission, staff has eliminated these incentives from the proposed language. The Commission should be comfortable with the elimination of these incentives from the code. 4 Extension of Program to other Zone Districts: The current regulations allow ADU's as a conditional use in all residential zone districts except for the R-15 B, AH 1-PUD, and Mobile Home Park Zone Districts. The R-15 B Zone District, Eastwood Subdivision, was annexed into the City with an agreement that ADU would not be allowed in the zoning. Staff is not proposing to amend this circumstance, until a petition from the neighborhood is advanced. The AH 1-PUD Zone District does not allow for ADUs. Staff believes extending the Program to this zone district would benefit the ADU Program and the community's desire to create additional affordable housing opportunities. Staff is recommending this ADU Program be extended to the AH 1-PUD Zone District. The Mobile Home Park (MHP) Zone District does not allow ADU's. The land use approvals for the Smuggler Park Subdivision did not contemplate ADU's, as the ADU Program was adopted until much later. As individual lots within the park are redeveloped with frame construction, there exists the opportunity to incorporate ADU's into the structures. Also, when the older pre -fabricated units are removed and replaced with frame construction, the developer is required to seek an exemption from growth management. Staff believes that allowing ADU's within the MHP Zone District would further the goals of the ADU Program and provide additional housing opportunities for local working residents. Staff is recommending the ADU Program be extended to the MHP Zone District. APPLICANT: Community Development Department. PREVIOUS ACTION: The Commission requested these code amendments during the April 6, 1999, work sessions with City Council. The Commission opened the public hearing on this topic on August 3, 1999, and continued to this date. The Commission has not consider the amendment or taken public testimony. REVIEW PROCEDURE: Code Amendment. The Commission shall recommend approval, approval with conditions, or denial to the City Council during a public hearing. RECOMMENDED MOTION: "I move to adopt Resolution 99-_, recommending City Council adopt the Accessory Dwelling Unit Program Code Amendments as presented by staff in the Community Development Department memo dated August 24, 1999." ATTACHMENTS: Exhibit A -- Staff Comments RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, APPROVE AN AMENDMENT TO THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO THE ZONE DISTRICT ESTABLISHED IN SECTION 26.710, APPROVE AN AMENDMENT TO THE DEFINITION OF "ACCESSORY DWELLING UNIT," SECTION 26.104.100 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO THE OFF-STREET PARKING REGULATIONS, SECTION 26.515.030 OF THE LAND USE CODE AND APPROVE AN AMENDMENT TO SPECIAL REVIEW, SECTION 26.430 OF THE LAND USE CODE. Resolution #99 - v■ 4 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, 26.710, 26.104.100, 26.515.030, and 26.430 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 Planning Director recommended approval of amendments to Sections 26.520, 26.470, 26.710, 26.104.100, 26.515.030, and 26.430 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 existing and proposed Accessory Dwelling Unit Program on August 3, 1999, and continued the hearing to August 24, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a to (_-_) 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, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council should adopt the Accessory Dwelling Unit Program by amending the Land Use Code of the Municipal Code, as follows: P&Z Reso. 99--Ad page 1 Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.520 Accessory Dwelling Units, in total, with the following language: 26.520 Accessory Dwelling Units 26.520.010 Purpose 26.520.020 Definition 26.520.030 Authority 26.520.040 Applicability 26. 520.050 Design Standards 26. 520.060 Calculations and Measurements 26. 520.070 Deed Restrictions, Recordation, Enforcement 26.520.080 Procedure 26.520.090 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 important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on -site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, ADU's deed restricted to mandatory occupancy provide for an exemption from the Growth Management Quota System for existing vacant lots of record and for significant redevelopment of existing homes. 26.520.020 General An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character. ADUs are located on the same lot, or P&Z Reso. 990page 2 contiguous lots under the same ownership, as the primary residence in conformance with the zone district in which the property is located. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the primary residence, and an ADU shall not be considered a unit of density with regard to zoning requirements. 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. 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. If the 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. 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 as a Conditional Use prior to the adoption of Ordinance , Series of 1999. 26.520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080 Procedure: 1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must be 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. This does not preclude a second interior entrance to the primary residence; P&Z Reso. 99�, page 3 • • 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. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. 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. 6. 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. 7. 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, Recordation, and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: P&Z Reso. 99-�� ,, page 4 • 0 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 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. Accessory Dwelling Units qualifying a property for an exemption from the Growth Management Quota System, pursuant to Section 26.470.070(B), shall be deed restricted to Mandatory Occupancy. This additional restriction requires the ADU be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. 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 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. An application to legalize a Bandit Unit shall include the same information and materials described above and shall be reviewed pursuant to this Section. P&Z Reso. 99a�' page 5 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. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction shall be 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 C, 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 Chapter 26.304. 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 of the zone district in which it is proposed, and promotes the unit's general livability; and, P&Z Reso. 99Z?# page 6 • 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 standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy. 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: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.470.070(B), subparagraphs 1 and 2, as denoted by the inclusion of the following underlined language: 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: providing an Accessory Dwelling Unit (ADU) deed restricted to Mandato Occupancy, pursuant to Section 26.520; b. paying the applicable affordable housing impact fee; or P&Z Reso. 99oZgpage 7 • • recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet deed restricted to Mandatory Occupancy, pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum floor area of three hundred (300) square feet deed restricted to Mandatory Occupancy, pursuant to Section 26.520; d. providing two deed restricted, resident -occupied dwelling units; or e. paying the applicable affordable housing impact fee. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.430.030 Special Review with the addition of the following language, denoted by add: Special review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: • Dimensional requirements (Chapter 26.710 - Zone Districts), • Replacement of non -conforming structures ( Chapter 26.312) • Reduction of open space requirements in CC zone district (Section 575.030(B)), • Off-street parking requirements (Section 26.515.040), • Reductions in the dimensions of utility/trash service areas (Section 26.575.060), • Subdivision standards (Section 26.480.050). • Accessory Dwelling Unit Design Standards (Section 26.520) Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.430.030 Special Review with the addition of the following language, denoted by add: H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory P&Z Reso. 99,n?� page 8 • 11 Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the definition of "Accessory Dwelling Unit," Section 26.104.100 by striking, as denoted by suika, language to the definition of the term as follows: Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or detached from a principal residence situated on the same lot or parcel, and which meets the occupancy, dimensional and other requirements set forth in Section 26.520.WG of this Title. Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.515.030 Required Number of Off Street Parking Spaces by striking and adding, denoted by strike and add, language to the note, denoted by an asterisk (*), regarding the requirement for residential uses : *For single-family and duplex residential use and multi -family use: two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.430 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.425520, for accessory dwelling units only. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710 Zone Districts by striking and adding, denoted by s pike and add, language to following zone districts: 26.710.040 Medium -Density Residential (R-6). 26.710.050 Moderate -Density Residential (R-15). 26.710.060 Moderate -Density Residential (R-15A). 26.710.080 Low -Density Residential (R-30). 26.710.090 Residential Multi -Family (R/MF). 26.710.100 Residential/Multi-Family (R/MFA). 26.710.130 Rural Residential (RR). 26.710.140 Commercial Core (CC). 26.710.150 Commercial (C-1). 26.710.180 Office (0). P&Z Reso. 994, page 9 0 26.710.190 Lodge/Tourist Residential (L/TR). 26.710.220 Conservation (C). Conditional Use: AGGQsgory r,.=,Allan,. Unite ,,,Arang th, p;P;,irinno fS-QL;Qw 16-510440 Permitted Use: Accessory Dwelling Units meting the provisions of Section 26__520_ Section 8• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.710 Zone Districts by adding, denoted by add, language to following zone districts: 26.710.110 Affordable Housing/Planned Unit Development (AHI/PUD). 26.710.120 Residential Mobile Home Park (MHP). Permitted Use: Accessory Dwelling Units meting the provisions of Section 26.520_ Section 9• Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on August 24, 1999. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Robert Blaich, Chair C:\home\CHRISB\CASES\ADU—CODE\ADU—Reso.doc P&Z Reso. 99Q'T"page 10 Exhibit A STAFF COMMENTS: Text Amendment Section 26.92.020, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment intends to simplify the process and increase the performance of Accessory Dwelling Units. Specific provisions encourage units which provide the affordable housing with high quality units. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the ADU Program are supported by the AACP. There are many references to ADU's and Cottage Infill, as well as interspersed employee housing to promote a healthy social fabric and a balance between the resort and the community. The intention of growth management is to ensure growth of exempt free-market housing is off -set with an equal benefit to the community. Projects, including single-family residences, are scored on a set of community benefit criteria; the highest scored projects of that year gaining allotments. The exemption procedure sets a minimum level of community benefit for residential lots created before GMQS. An ADU has been part of this minimum threshold. However, the community expected an approximate 80% utilization of these ADUs when the program was initiated. Actual utilization has been more in the range of 25%, with some units functioning as guest rooms, etc. In a community where preserving a "critical mass" of local working residents is so important, the community has expressed disappointment with providing exemptions from growth management for guest rooms. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment is proposed for all residential zone districts and also mixed use zones where a single-family or duplex could be developed except for the R-15B Zone District. Due the relative size of these units compared with a primary unit on the site, staff feels staff comments page 1 0 • these accessory dwelling units will be compatible with typical land uses, densities, and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed Program encourages a "critical mass" of residents Upvalley and within walking or transit distance to land uses frequently accessed such as employment, recreation, shopping, etc. Staff believes more residents in town, either able to walk to destinations or drive a shorter distance, will lessen traffic generation and further enhance the pedestrian friendliness of Aspen. ADU's do represent additional living units and more cars on local streets. However, this needs to be weighed against substantially longer commuter trips from Downvalley for commuters and for employees of primary residences. Staff believes there exists a significant community benefit associated with this proposed Program. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The types of uses and densities possible with the existing ADU program has not presented excessive demands on public facilities. The development permit process does address some of these concerns through tap fees, park fees, and drainage plans. Other impact fees are only applied to subdivisions, such as the school impact fee. Additional employee units of any type will represent additional burdens on the infrastructure. The community has demanded more affordable housing with the expectation that some of this development may require additional general services. Generally, additional development within already developed areas can be served with basic services more readily compared with greenfield development. Also, preserving and enhancing a healthy social balance with integrated affordable housing addresses the most important infrastructure - the social infrastructure and sense of community. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The ADU Program as proposed would allow an applicant to vary dimensional requirements of the underling zoning with a review by the Planning and Zoning Commission. This would be unchanged from the current program and each case could be staff comments page 2 • MEMORANDUM TO: Mayor and City Council Aspen Planning and Zoning Commission Aspen/Pitkin County Housing Authority Board THRU: Julie Ann Woods, Community i evelopment Directo �'�✓ FROM: Christopher Bendon, Planner(IkIA RE: ADU Program Joint Work Session — 4:15 to 5:30 p.m. DATE: April 6, 1999 SUMMARY: At their recent retreat, the Mayor and City Council directed staff to again bring forward amendments to the ADU Program. The purpose of this directive is to increase the effectiveness of the program and to simplify the process for approval. Staff has included a third goal of this program: to create a separate section of the code specifically addressing ADU's. The purpose of this work session is to reintroduce the project to decision -makers, to determine the desired program elements, and to determine if the program should proceed to public hearings. At the conclusion of this work session, the Boards should instruct staff to proceed with the public hearing process or schedule a subsequent work session. PROGRESS: Staff presented a series of ADU Program changes to the Housing Board, the Planning and Zoning Commission, and City Council over a two month period in 1998. The day before the first public hearing before the Planning and Zoning Commission a court decision was issued for a land use case in Telluride involving affordable housing and rental restrictions. At the time, the proposed changes included both mandatory occupancy and rental rate restrictions for ADU's -- as requested by the City Council. At the direction of the City Attorney, staff pulled the proposed amendments from the Commission's public hearing agenda. In January staff presented a draft ADU Program to the Commission for review. Staff structured the incentives for better units through FAR incentives. That ADU Program proposed in January is attached as Exhibit B. The result of that work session was that the Commission did not want to provide additional FAR for "bogus" ADU's. (No more incentives for billiards rooms, guest suites, etc.) Instead, the Commission suggested the provision of tax rebates as an incentive to property owners who rent ADU's. This would not "forever burden the property," as deed restrictions do, would not increase the bulk and mass of development, and would provide an instant incentive different from FAR, which isn't typically realized until the sale of the property. Staff is looking into the financial ramifications of this type of incentive with the City Finance Director and will provide the Boards with an initial finding during the meeting. If the Boards express interest in this tax rebate concept, further financial analysis on the effects this type of incentive would have on the City's tax base will be required and will be provided. The Commission also requested that ADU's no longer qualify a property for an exemption from GQMS. The program now provides for such an exemption for existing lots of record and re -development after demolition for single-family and duplex units. The County's Program does not offer a GMQS exemption (units are purely voluntary) and has a much higher occupancy rate. However, staff believes this GMQS exemption should remain for one primary reason: this type of exaction exists because it is relatively minor and not worth challenging. Requiring single-family and duplex residences on existing lots to proceed through our growth management system may be legally challenged if there were not this escape valve. Lastly, the Commission requested staff eliminate the two sets of design standards. Staff had included the "exceptional standards" to -encourage better quality units through FAR incentives. The Commission preferred raising the minimums to an acceptable level and relying upon the property owner to provide better quality for higher rent. The latest revision to the ADU Program has been attached as Exhibit C DISCUSSION: Program Coals: The first step for this work session is to reaffirm or amend the Program Goals. The three goals staff has been striving to achieve are: 1) Increase the effectiveness of the program and the quality of units through incentives; 2) Simplify the process by making ADU's an administrative approval; and, 3) Consolidate the scattered ADU requirements in one easy -to -reference Section of the Land Use Code. Program Elements: The Boards should identify the desired elements that should be included in the revised ADU Program. These elements will be included by staff or further 2 0 • evaluated as needed for informed decision making. Following are items needing discussion. Staff has also tagged elements of the Program requiring some discussion in the proposed Program, Exhibit C. Administrative approval, P&Z variances and appeals: This would allow ADU's to be approved by the Director with appeals and variances being reviewed by the Commission. 2. Extension ofADU Program to additional Zone Districts: The current program does not include the R-15B, AH1-PUD, and Mobile Home Park Zone Districts. The R-15B Zone, the Eastwood neighborhood, was specifically not included via an annexation agreement. There may be value in extending the Program to a few or all of these zones. 3. Provide incentives for what? What types of ADU characteristics are desirable and should be rewarded? Staff believes that the Program should reward detached units, higher quality units, and occupancy. 4. Tools: What incentives should we use? GMQS, FAR, zoning flexibility, financial (tax rebates), matching program, others? CONCLUSION: If the Boards generally concur with the direction of the ADU Program at the conclusion of the work session, the public hearing process should be initiated. Staff can provide additional detail as needed for specific program elements during the review process. If there are significant questions or diverging opinions on the program elements, a subsequent work session should be scheduled. ATTACHMENTS: Exhibit A — Existing Program Exhibit B — January 10 Program Exhibit C — April 6`h Program • 4 26.04.090 != Where any provision of these regulations imposes a greater or lesser restriction upon the subject matter is than a general provision imposed by the Municipal Code or another provision of these regulations, the provisions imposing the greater restriction or regulation shall be deemed to be controlling. B. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. The end of a day shall be at 5:00 pm. C. Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to perform an act or duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize professional -level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. D. Gender. Words importing the masculine gender shall be construed to include the feminine and vice versa. E. Month. The word "month" shall mean a calendar month. F. Non -technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar meaning shall be understood according to such meaning. G. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. H. Shall, may. The word "shall" is mandatory; "may" is permissive. I. Tense. Words used in the past or present tense include the future as well as the past or present. J. Week. The word "week" shall be construed to mean seven (7) days. K. Written or in writing. The term "written" or "in writing" shall be construed to include any inscribed representation of words, letters or figures whether by printing or otherwise. L. Year. The word "year" shall mean a calendar year. M. Boundaries. Interpretations regarding boundaries of Zone Districts on the city's official zone district map shall be made in accordance with the following: 1. Boundaries shown as perpendicular to or following or approximately following any street, alley, right-of-way, or water course shall be construed as perpendicular to or following the centerline of the street, alley, right-of-way, or water course. 2. Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line. 3. Boundaries shown as following or approximately following section lines, half -section lines, or quarter - section lines shall be construed as following such lines. 4. Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in the paragraphs above shall be construed to be parallel to such features and at such distance therefrom as are shown on the map. (Code 1971, § 2-101) �J 26.04.100 Definitions. For the purposes of this title, certain words and phrases shall be defined as herein provided. Accessory dwelling unit means a separate dwelling unit that is located within or attached to a principal OF residence, having a entrance separate from the primary residence, or that is detached from a principal residence situated on the same parcel, containing not less than three hundred (300) nor more than seven hundred (700) square feet of allowable floor area. An accessory dwelling unit shall be deed restricted to resident occupancy and shall not be a separate unit for density or sale purposes. 443 (Aspen 10/95) • • 26.40.070 1. The use shall be developed by comparing each dimensional and parking requirement of the respective to zone districts and applying the more restrictive of each requirements. These requirements shall, however, be calculated based on the land area and development of the entire parcel. 2. The only exception shall be when the area of the parcel which is designated with the zone district which permits the higher density constitutes more than seventy-five (75) percent of the entire land area of the parcel. In this case, the use shall be developed using the dimensional requirements and off-street parking requirements of the zone district permitting the higher density, which shall be calculated on the basis of the land area and development of the entire parcel. (Code 1971, § 5-508) 26.40.080 Miscellaneous provisions. A. Fuel storage tanks. All fuel storage tanks shall be completely buried beneath the surface of the ground except that above -ground storage tanks may be approved as conditional uses in the Service/Commercial/Industrial and Public zone districts. B. Lights. Any light used to illuminated parking areas or for any other purpose-shaft5e so arranged as to reflect the light away from nearby residential properties and vision of passing motorists. (Ord. No. 9-1992, § 1: Code 1971, § 5-509) 26.40.090 Accessory dwelling units. A. General provisions. 1. Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable area and not more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking space shall be provided on -site for each studio unit, and for each bedroom within a one- or two -bedroom accessory dwelling unit. 2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the underlying zone district. 3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units, detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B zone district. 4. An attached accessory dwelling unit shall utilized alley access to the extent practical. B. Development review standards. The review standards for a detached accessory dwelling unit are as follows: 1. The proposed development is compatible and subordinate in character with the primary residence located on the property and with the development located within the neighborhood, and assuming year -around occupancy, shall not create a density pattern inconsistent with the established neighborhood; 2. Where the proposed development varies from the dimensional requirements of the underlying zone district, the Planning and Zoning Commission shall find that such variation is more compatible in character with the primary residence than the development in accord with dimensional requirements. The following dimensional requirements may be varied: a. Minimum front and rear yard setbacks; b. Minimum distance between buildings on the lot; 549 (Aspen 3/97) 26.40.090 • • C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling units; d. The side yard setback shall be a minimum of three (3) feet; e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed eighteen (18) feet. On Landmarked Designated Parcels and within the Historic Overlay District the HPC shall have the ability to make such height variations; f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site coverage variations; g. In the case where the proposed detached accessory dwelling unit in located on a Landmark Designated Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards of section 26.40.070(B) of this Code. 3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40.090 (B)(2)(a)--(g) provided that the nonconformity is not increased. 4. Conditional use review shall be granted pursuant to Section 26.60.040, Standards applicable to all conditional uses. ' C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, 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. D. GMQS/replacement housing credits. Accessory dwelling units shall no be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards j of section 26.100.090 of this Code may be used to obtain points in the affordable housing category. Accessory dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program." E. FAR for accessory dwelling units. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, the following shall apply: the allowable floor area of an above -grade attached accessory dwelling unit shall be excluded to a maximum of three hundred fifty (350) square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, section 26.60.030 of this Code, and the units must be deed restricted, registered with the housing office, and available for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter for the unit. (Ord. No. 47-1988, § 3; Ord. No. 1-1990, § 6; Ord. No. 60-1990, § 2; Ord. No. 56-1994, § 11; Ord. No. 38-1996, § 6: Code 1971, § 5-510) 26.40.100 Landscape maintenance. A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner for a minimum three (3) year period. In the event that plant material dies, the owner of the property shall replace the plant material with similar quality within forty-five (45) days of notification by the Zoning Enforcement Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within forty-five (45) days the owner may in writing seek permission from the Community Development Director to: (Aspen 3/97) 550 • • 26.100.050 (2) Reconstruction of demolished dwelling, hotel and lodge units. The reconstruction of demolished Nub- dwelling, hotel and lodge units shall be exempt from the growth management competition and scoring procedures, in accordance with the following standards: (a) An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. (b) The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this section. (c) Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. (d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off -site pursuant to Section 26.48.030. i (3) Replacement of structures listed on inventory of historic structures. A structure included on the inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay District may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for a replacement structure on its original site to be exempted from the growth management / competition and scoring procedures, provided that the structure is designated as an historic landmark in its new location and all necessary development approvals are obtained from HPC and the Planning and Zoning Commission. (4) Replacement of demolished multi -family, residential units. Replacement of demolished multi -family, residential units shall be subject to the requirements of the Housing Replacement Program. (5) Remodeling, restoration or expansion of existing single-family or duplex dwellings. The remodeling, restoration or expansion of existing single-family or duplex dwellings shall be exempt from the growth management competition and scoring procedures. b. Historic landmarks. The change of use of an historic landmark that does not increase the building's existing floor area ratio shall be exempt from the growth management competition and scoring procedures. ��.-- C. Detached single-family or duplex dwelling unit. The construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.88.040(A)(5) or the replacement after demolition of one or two detached residential units or a duplex dwelling, or the remodel or expansion of a single family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall only apply if the following standards _ are met. (1) Single-family. In order to qualify for a single-family exemption, the applicant shall have three options: (a) providing an accessory dwelling unit; (b) paying the applicable affordable housing impact fee; or (c) recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed. (2) Duplex. In order to qualify for a duplex exemption, the applicant shall have four options: (a) providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; (b) providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) . square feet; ` l 0, (c) providing two deed restricted, resident -occupied dwelling units; or �`yJ 669 cam@ 5/W 0 0 26.60.010 0 Chapter 26.60 CONDITIONAL USES Sections: 26.60.010 Purpose. 26.60.020 Authority. 26.60.030 Authorized conditional uses. 26.60.040 Standards applicable to all conditional uses. 26.60.050 Procedure for conditional use approval. 26.60.060 application. 26.60.070 Reserved. 26.60.080 Amendment of development order. 26.60.010 Purpose. Conditional uses are those land uses which are generally compatible with the other permitted uses in a zone district, but which require individual review of their location, design, configuration, intensity and density in order to ensure the appropriateness of the land use in the zone district. (Code 1971, § 7-301) 26.60.020 Authority. The commission, in accordance with the procedures, standards and limitations of this chapter, shall approve, approve with conditions, or disapprove a development application for a conditional use, after recommendation 40 by the planning director. (Code 1971, § 7-302) 26.60.030 Authorized conditional uses. Only those uses which are authorized as a conditional use for each zone district in Chapter 26.28, may be approved as a conditional use. The designation of a land use as a conditional use in a zone district does not constitute an authorization of such land use or act as an assurance that such land use will be approved as a conditional use; rather, each proposed conditional use shall be evaluated by the commission for compliance with the standards and conditions set forth in this chapter. (Code 1971, § 7-303) 26.60.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes. goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and 587 26.60.040 • 0 D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. The planning director may recommend, and the commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Comprehensive Plan. this chapter. and this title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the duration of conditional use approval. (Ord. No. 7-1989. § 2: Code 1971, § 7-304) 26.60.050 Procedure for conditional use approval. A development application for a conditional use shall be reviewed and recommended for approval, approval with conditions, or disapproval by the planning director, and then approved, approved with conditions, or disapproved by the commission at a public hearing held in accordance with the procedures established in Common Procedures. Chapter 26.52. A development application for a conditional use may be consolidated with any other development application pursuant to the requirements of common procedures, Chapter 26.52. (Code 1971, § 7-305) 26.60.060 Application. The development application for a conditional use shall include the following. A. The general application information required in Section 26.52.030; B. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and C. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. (Code 1971, § 7-306) 26.60.070 Reserved. Editor's note— Ord. No. 7-1989, § 2, deleted former § 7-307, relative to conditions, which derived from Ord. No. 5-1988. (Code 1971, § 7-307) 26.60.080 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a conditional use may be authorized by the planning director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: �l. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 9 0 • Exhibit B 1.19.99 P&Z Work Session Staff Proposal Key: Italicized language generally represents staff notes or items for discussion 26.30 Accessory Dwelling Units 26.30.010 Purpose 26.30.020 Definition 26.30.030 Authority 26.30.040 Applicability 26.30.050 Design Standards 26.30.060 Calculations and Measurements 26.30.070 Deed Restrictions, Recordation, Enforcement 26.30.080 Application 26.30.090 Procedure 26.30.100 Amendments 26.30.010 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 important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on -site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, certain incentives are available to developers of ADUs. These incentives include an exemption from the Growth Management Quota System for existing vacant lots of record and for significant redevelopment of existing homes as well as certain Floor Area incentives for ADUs developed in a preferred manner. January 19"' Program - Page 1 0 • 26.30.020 Definition An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character. ADUs are located on the same lot, or contiguous lots under the same ownership, as the primary residence in conformance with the zone district in which the property is located. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the primary residence, and an ADU shall not be considered a unit of density with regard to zoning requirements. All ADUs shall be developed in conformance with this Section. also in definition section ADUs separated by 10 feet or more from the primary residence are considered "detatched" and qualify for certain zoning incentives. Detached ADUs may be connected to the primary residence by a covered breezeway. Any ADU with an internal connection to, or shared wall with, the primary residence shall be considered an attached ADU. 26.30.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter, shall approve, approve with conditions, or disapprove an application for an Accessory Dwelling Unit pursuant to Section 26.52. Appeal to P&Z ? 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, or by the Historic Preservation Commission if the property is designated a Historic Landmark or within a Historic Overlay District, pursuant to Section 26.64 Special Review. 26.30.040 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 26.28, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance , Series of 1999. 26.30.050 Design Standards A. General. The following standards have been established to ensure a minimum level of performance. These standards are provided in two categories: "basic" and "exceptional." Both types of ADUs may be approved by the Community Development Director. Exceptional ADUs and detached ADUs are eligible for certain Floor Area incentives. (see 26.30.060 Calculations and Measurements) B. Basic Design Standards. All ADUs shall conform to the following minimum design standards unless varied through Special Review by the Planning and Zoning Commission, or by the Historic Preservation Commission for properties designated a Historic Landmark or located within an Historic Overlay District, pursuant to Section 26.64 Special Review: January 19"' Program - Page 2 0 • 1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must be 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. This does not preclude a second interior entrance to the primary residence; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen including 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, as a minimum, a 3/4 bath. 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 10117 a space for the primary residence? ADUs with two or more bedrooms shall have two on -site parking spaces provided. 4. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. 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. 6. 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. 7. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may not be varied. 8. An ADU shall be developed to be consistent and compatible with the character of the immediate vicinity of the subject property and surrounding land uses. (this is a blanket criteria the director can use to deny an ADU, apply conditions, or send it to the P&Zfor review) 9. An ADUshall be developed at least 50% above grade. To meet this standard, the surface area of an ADUs exterior walls above ground divided by the total surface area of exterior walls shall be determined C. Exceptional Design Standards. The Aspen community desires ADUs which maximize livability and confer the greatest benefit to the affordable housing inventory. Exceptional ADUs are eligible for either a partial or full exemption from the calculation of allowable Floor Area. see ADUFloor Area Incentives. In addition to the minimum standards, ADUs meeting the following standards shall be considered exceptional: 1. An exceptional ADU shall contain a minimum of 600 net livable square feet. 2. An exceptional ADU must provide a bedroom separate from general living areas. A studio unit shall not qualify as an exceptional unit. January 19`h Program - Page 3 3. An exceptional unit shall provide access to natural light beyond the minimum requirements of the Uniform Building Code by 25% (125% of the UBC requirement). If natural ventilation is utilized, the minimum ventilation shall also be increased by 25% (125% of the UBC requirement). 4. An exceptional ADU shall contain two of the following features: a) A full bath; b) a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and 6 linear feet of counter surface; c) a 50 square foot porch or deck or, d) a covered parking space. 26.30.060 Calculations and Measurements A. Floor Area and Incentives. In order to encourage property owners to develop ADUs in a preferred manner, certain Floor Area incentives are provided for ADUs which are exceptional and/or detached from the primary residence. As an incentive to encourage deed restrictions which require mandatory occupancy, an additional Floor Area incentive is available for all types of ADUs. The floor area of all ADUs shall be counted toward to a property's Maximum Allowable Floor Area in the following manner: With no Manadatory Attached Detached Occupancy Requirement Basic 100% 50% Exceptional 50% 25% With Manadatory Attached Detached Occupancy Requirement Basic 75% 25% Exceptional 25% 0% This percentage figure represents the portion of Floor Area attributed towards the maximum allowed for the entire property. This incentive does not raise the Allowable Floor Area for any given property. Rather, the incentive alters the way in which the ADU space is attributed towards the Allowable Floor Area for the property. B. Net Livable Square Footage. ADUs have minimum and maximum thresholds for net livable square footage, 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. For the purpose of determining an incentive for an attached unit, the Floor Area of an ADU shall be measured to the midpoint of any shared wall(s). January 19"' Program - Page 4 0 0 26.30.070 Deed Restrictions, Recordation, and Enforcement. A. Deed Restrictions. All properties containing an ADU shall be deed restricted and the owner shall enter into an agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU recordation. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: • All ADUs shall be registered with the Housing Authority. • Any occupant of an ADU shall be qualified according to the current Aspen/Pitkin County Housing Authority Guidelines. • All ADUs shall be restricted to lease periods of no less then six months in duration. Leases must be recorded with the Housing Authority. B. Mandatory Occupancy. Zoning incentives are provided to property owners in exchange for ADUs which are deed restricted to mandatory occupancy. This deed restriction requires an ADU to be occupied by a qualified employee, as selected by the owner of the principal residence. This restriction also establishes a maximum rental rate for the unit and income level for the occupant. This restriction is referred to as a "Category" and is established by the Aspen/Pitkin County Housing Authority. For all basic ADUs, this rental rate shall be Category 3. For all exceptional ADUs, the income and rental restriction shall be Category 4. With these specific ADUs, the Aspen/Pitkin County Housing Authority retains the right to place a qualified renter in the ADU if the owner fails to do so within a reasonable time. The deed restriction shall specify a "reasonable" vacancy period between occupants. This additional incumberance upon the property is not a mandatory requirement of the Aspen Municipal Code, but rather a voluntary incentive, a quid pro quo, to the mutual benefit of the property owner and Aspen's working population. That is, if the incentive is accepted by the property owner, mandatory occupancy will be required in exchange. C. Recordation. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on this form and a copy of any land use approvals shall be attached. This deed restriction shall bind the property owner to such obligations required by this Section and shall grant the Housing Authority the ability to enforce compliance. Deed restrictions for a property containing an ADU shall be recorded with the Pitkin County Clerk and Recorder by the applicant. There is per page recordation fee. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. D. Enforcement. January 19`h Program - Page 5 • • The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded agreement between the property owner and Aspen/Pitkin County Housing Authority. Property owners in violation of the recorded housing agreement may be subject to court action. ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner of the ADU fails to select a qualified renter and the ADU is vacant for more than an agreed upon reasonable time, as noted in the deed restriction, the Aspen/Pitkin County Housing Authority shall select a qualified renter to occupy the ADU. The lease period for this renter shall be six months, after which time the owner shall have the option of renewing the lease or selecting a new occupant. 26.30.080 Application ADUs require a separate building permit. An application for an ADU shall be submitted in conformance with Section 26.56.020, Development permitted as of right. check with new code. A development order for an ADU shall not be issued until all required agreements have been recorded. Applications seeking a variance from the ADU design standards will require a land use approval. see 26.30.090 procedure. 26.30.090 Procedure A. General. Pursuant to Section 26.52.020 ?new code section?, 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. An application for an ADU shall consist of an application for a Development Order pursuant to Section 26.52.030 (new code) and shall be submitted to the Community Development Department. In order to obtain a Development Order for an ADU, the Community Development Director shall find the ADU in conformance with the requirements of this Section. If an application is found to be inconsistent with this Section, in whole or in part, the applicant may either amend the application or apply for a variance from the design standards pursuant to Section 26.64, Special Review. B. Special Review. An applicant requesting a variance from the design standards must submit a land use application for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all Special Reviews considering the applicable criteria. If the property is a Historic Landmark or within a Historic Overlay District, the applicant may choose the Historic Preservation Commission to consider the Special Review. A Special Review to vary the ADU design standards may be approved, approved with conditions, or denied? if all of the following criteria are satisfied: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, January 19`h Program - Page 6 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, 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. * Development Order. A development order may be issued subsequent to recordation of all required deed restrictions and agreements and approval of any land use applications necessary. If the ADU is being developed in order to gain an exemption from the Growth Management Quota System, the Building Permits must be issued jointly. D. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy, 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 standards shall be remedied prior to issuance of a Certificate of Occupancy. Necessary? Certificates of Occupancy required for the primary residence shall only be issued subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit. Is this necessary? 26.30.100 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. An insubstantial amendment shall not include: 1. Any change which alters the operational characteristics or policy requirements of the ADU; or, 2. Any change which increases design variations granted through a land use review; or 3. Any change which represents a significant change of an existing ADU or includes demolition of an existing ADU. 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. January 19"' Program - Page 7 0 • reviewed for its individual merits. Generally, staff believes this Ordinance will encourage shorter commuting trips which has obvious environmental benefits. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: One of the most profound differences between Aspen and other mountain resort towns is its history as a "real" town. Although there are continual challenges to the original theme, Aspen is not merely a real estate development accessory to a resort economy, it is a town. Characteristic of traditional towns, and important to Aspenites as expressed in the Community Plan, is a "critical mass" of residents and an interspersed social layering. The interspersed nature of these units will promote community charcter. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The original ADU Program expected 80% utilization of these units without occupancy requirements. Actual utilization has been around 25%, far below expectations. Also, this ADU program, as proposed, will emphasize the provision of units on -site rather than a cash -in -lieu payment; a policy the Housing Authority has promoted for years. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for integrated affordable housing opportunities within established neighborhoods. The community has favored infill opportunities over large scale greenfield solutions to affordable housing. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing on -site employee housing opportunities for working residents and reducing the dependence of the automobile by providing housing near employment and recreation centers. Fewer long distance commuter trip represents good environmental policy and providing incentives for high quality living units promotes healthy living conditions. staff comments page 3 0 • Exhibit C 4.6.99 Joint Work Session Includes changes requested by P&Z Key: Discussion highlights major Program elements needing discussion. Italicized language generally represent staff notes or minor items needing discussion. 26.30 Accessory Dwelling Units 26.30.010 Purpose 26.30.020 Definition 26.30.030 Authority 26.30.040 Applicability 26.30.050 Design Standards 26.30.060 Calculations and Measurements 26.30.070 Deed Restrictions, Recordation, Enforcement 26.30.080 Application 26.30.090 Procedure 26.30.100 Amendments 26.30.010 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 important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on -site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, certain incentives are available to developers of ADUs. These incentives include an exemption from the Growth Management Quota System for existing vacant lots of record and for significant redevelopment of existing homes, ? certain Floor Area incentives for ADUs developed in a preferred manner?, and yearly property tax incentives for property owners renting an ADU to a local working resident. April 6th Program - Page 1 • 0 26.30.020 General (definition, plus regulatory language) An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in size and character. ADUs are located on the same lot, or contiguous lots under the same ownership, as the primary residence in conformance with the zone district in which the property is located. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the primary residence, and an ADU shall not be considered a unit of density with regard to zoning requirements. All ADUs shall be developed in conformance with this Section. Language also to be in definition section Detached incentive language removed from 1.19.99 version. 26.30.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter, shall approve, approve with conditions, or disapprove an application for an Accessory Dwelling Unit pursuant to Section 26.52. Appeal to P&Z ? Amend P&Z authorities. 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, or by the Historic Preservation Commission if the property is designated a Historic Landmark or within a Historic Overlay District, pursuant to Section 26.64 Special Review. 26.30.040 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 26.28, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance , Series of 1999. This covers all existing AD Us. 26.30.050 Design Standards A. General. The following standards have been established to ensure an acceptable level of livability. The majority of these are minimum standards and may be exceeded. B. Design Standards. All ADUs shall conform to the following minimum design standards unless varied through Special Review by the Planning and Zoning Commission, or by the Historic Preservation Commission for properties designated a Historic Landmark or located within an Historic Overlay District, pursuant to Section 26.64 Special Review: 1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must be closet or storage area. An ADU must be able to function as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible. This does not preclude a second interior entrance to the primary residence; Discussion April 6th Program - Page 2 • 0 b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen including 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 3/4 bath. 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? ADUs with two or more bedrooms shall have two on -site parking spaces provided. 4. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. 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. 6. 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. 7. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may not be varied. 8. An ADU shall be developed to be consistent and compatible with the character of the immediate vicinity of, and including, the subject property and surrounding land uses. (This is a blanket criteria the Director can use to deny an ADU, apply conditions, or send it to the P&Z for review) — discussion 9. An ADU shall be developed at least 50% above grade. To meet this standard, the surface area of an ADUs exterior walls above ground divided by the total surface area of exterior walls shall be determined. — discussion 10. exceptional standards for 1. IL 99 program - discussion 26.30.060 Calculations and Measurements A. Floor Area and Incentives. In order to encourage property owners to develop ADUs in a preferred manner, certain Floor Area incentives are provided for ADUs which are exceptional and/or detached from the primary residence. As an incentive to encourage deed restrictions which require mandatory occupancy, an additional Floor Area incentive is available for all types of ADUs. Discussion — Should there be any FAR incentives? Should there be incentives for: 1. Detached — This is the classic alley house typology. Eliminates interior connection issue. Provides housing w/o sense of being the "step child. " Breaks -up mass of structure. 2. Better quality — Units with more than the basic amenities. Higher rent is also an incentive to some. 3. Mandatory occupancy — deed restriction that forever burdens property. High fear factor. April 6th Program - Page 3 B. Net Livable Square Footage. ADUs have minimum and maximum thresholds for net livable square footage, 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. Removed language concerning calculating FAR bonus. 26.30.070 Deed Restrictions, Recordation, and Enforcement. A. Deed Restrictions. All properties containing an ADU shall be deed restricted and the owner shall enter into an agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU recordation. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: • All ADUs shall be registered with the Housing Authority. • Any occupant of an ADU shall be qualified according to the current Aspen/Pitkin County Housing Authority Guidelines. • All ADUs shall be restricted to lease periods of no less then six months in duration. Leases must be recorded with the Housing Authority. C. Recordation. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on this form and a copy of any land use approvals shall be attached. This deed restriction shall bind the property owner to such obligations required by this Section and shall grant the Housing Authority the ability to enforce compliance. Deed restrictions for a property containing an ADU shall be recorded with the Pitkin County Clerk and Recorder by the applicant. There is per page recordation fee. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. D. Enforcement. The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded agreement between the property owner and Aspen/Pitkin County Housing Authority. This may not be necessary to include if the mandatory occupancy requirement is removed. 26.30.*** Property Tax Rebate. (Whole section needs discussion) Discussion — Financial impacts. Rewarding property owners w/o deed restricting properties Rent is already a financial incentive Process of administering program Economic changes and impacts on Cityfinances April 6th Program - Page 4 The Commission expressed interest in this option. The principal merit of this element is that the property owner would receive an automatic return on renting the ADU, whereas the FAR increase is generally realized at sale, and there is no "forever burdening the property." Staff is looking into this option with the City Finance Department. Following is a first attempt at some incentives: ? Property tax rebates are available to property owners who use an ADU to provide housing to local working residents for 9 (?) or more months of the year. ? 50% of the owner's property tax for the given year will be returned if the average monthly rent is in excess of Category 4. 100% of the owners property tax for the given year will be returned if the average monthly rent is at or below Category 4. ? Property tax rebates are available to property owners proportionately with the number of months the ADU was rented. For example: if a property owner rents an ADU for 9 months of the year, then 75% of the property tax for that year may be rebated. To apply for this property tax rebate, a copy of the actuated lease and the name(s) of the occupant(s) shall be provided to the City. Dates for applying? Forms from Finance Dept? This process should allow the City to confirm the claim with the renter and make sure the renter is a qualified working resident. The ADU must be registered with the Housing Authority prior to applying for a rebate. A copy of the current rental lease must be filed with the Housing Authority for verification. This process is verifying will add to the City's cost of a rebate Program. The owner retains the right to select a qualified working resident or to not rent the ADU. A list of qualified working residents in search of ADU's is available from the Housing Authority. 26.30.080 Application ADUs require a separate building permit. An application for an ADU shall be submitted in conformance with Section 26.56.020, Development permitted as of right. A development order for an ADU shall not be issued until all required agreements have been recorded. Applications seeking a variance from the ADU design standards will require a land use approval. see 26.30.090 procedure. 26.30.090 Procedure A. General. Pursuant to Section 26.52.020, 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. An application for an ADU shall consist of an application for a Development Order pursuant to Section 26.52.030 and shall be submitted to the Community Development Department. In order to obtain a Development Order for an ADU, the Community Development Director shall find the ADU in conformance with the requirements of this Section. If an application is found to be inconsistent with this Section, in whole or in part, the applicant may either amend the application or apply for a variance from the design standards pursuant to Section 26.64, Special Review. Also should apply to legalizing bandit units. April 6th Program - Page 5 B. Appeals. Appeal process for Commission to review an administrative decision. Commission decision is final — unless appeal is taken to court. Amend P&Z authority section.. Section above should be re -worded to refer to appeal process. C. Special Review. An applicant requesting a variance from the design standards must submit a land use application for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all Special Reviews considering the applicable criteria. If the property is a Historic Landmark or within a Historic Overlay District, the applicant may choose the Historic Preservation Commission to consider the Special Review. A Special Review to vary the ADU design standards may be approved or approved with conditions based on conformance with the following criteria: (This should also be appeal procedure and criteria) 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the 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. D. Development Order. A development order may be issued subsequent to recordation of all required deed restrictions and agreements and approval of any land use applications necessary. If the ADU is being developed in order to gain an exemption from the Growth Management Quota System, the Building Permits for the primary residence and the ADU must be issued jointly. Necessary? E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy, 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 standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy. Necessary? Certificates of Occupancy required for the primary residence shall only be issued subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit. Necessary? 26.30.100 Amendment of an ADU Development Order A. Insubstantial Amendment. April 6th Program - Page 6 An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director. An insubstantial amendment shall not include: 1. Any change which alters the operational characteristics or policy requirements of the ADU; or, 2. Any change which increases design variations granted through a land use review; or 3. Any change which represents a significant change of an existing ADU or includes demolition of an existing ADU. 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. April 6th Program - Page 7 TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director THRU: Mitch Haas, Interim Deputy Director FROM: Christopher Bendon, Planner RE: ADU Program Worksession DATE: January 19, 1999 At their recent retreat, the Mayor and City Council directed staff to again bring forward amendments to the ADU Program. The purpose of this directive is to increase the effectiveness of the program and to simplify the process for approval. Staff has included a third goal of this program: to create a separate section of the code specifically addressing ADUs. This project is not new. Staff had presented a series of ADU Program changes to the Housing Board, the Planning and Zoning Commission, and City Council over a two month period in 1998. The day before the first public hearing before the Planning and Zoning Commission a court decision was issued for a land use case in Telluride involving affordable housing and rental restrictions. At the time, the proposed changes included both mandatory occupancy and rental rate restrictions for ADUs -- as requested by the City Council. At the direction of the City Attorney, staff pulled the proposed amendment from the Commission's public hearing agenda. Staff has revised the proposed ADU program changes to incorporate many of the main objectives from the previous propos ; ' inate"rentarrate requirements and simplify the incentives -- a request from City Council. The primary objective for the worksession is to reacquaint the Commission with the proposed changes, to point -out relevant differences from the existing code and the previous proposal, and to identify the Commission's goals and concerns for the program. Staff is seeking the Commission's opinion as to whether or not the proposed code amendment is ready for a public hearing. Program Summary. Staff has three goals with the proposed ADU program: 1) increase the effectiveness of the program and the quality of units through incentives; 2) simplify the process by making ADUs an administrative approval; and, 3) consolidate the scattered ADU requirements in one easy -to -reference Section. The suggested provisions will build upon the current FAR incentive program by providing FAR exclusion for desirable units both physically and policy -wise. These provisions will simplify the approval process by making ADUs a permitted use in all residential zone districts (except MHP, which should be discussed). An applicant who proposes an ADU, meeting the minimum design standards, may simply apply for administrative approval. The appropriate deed restriction would have to be filled prior to permit issuance. An applicant who wishes to vary from the design standards may still do so with approval from the Planning and Zoning Commission or from the Historic Preservation Commission for development needing HPC approval. As part of these provisions, the Commission may desire the ability for an applicant to appeal an administrative decision to the P&Z. The proposal also proposes a new code section devoted exclusively to ADUs. As part of the discussion with the City Council, staff will suggest an easy -to -understand pamphlet explaining the main points of the ADU Program, its philosophical underpinnings, and the process for approval. This would not replace the land use code; rather it would describe ADUs in non -code language. The specific requirements proposed by staff are fully explained in the attached Exhibit B. ATTACHMENTS: Exhibit A -- Existing provisions Exhibit B -- Proposed ADU Program Exhibit C -- Suggested ADU Ordinance from Washington State Plan 2 THE CITY OF ASPEN MEMO FROM JOHN P. WORCESTER C[TY ATTORNEY 130 SOUTH GALENA STREET• ASPEN, COLORADO 81611 • • ffi - j r MEMORANDUM TO: Aspen Planning and Zoning Commission 19!:� THRU: Stan Clauson, Community Development Director FROM: Christopher Bendon, Planner 9011, RE: ADU Program Changes -- Public Hearing DATE: June 16, 1998 SUMMARY: The Mayor and City Council have directed staff to bring forward amendments to the ADU Program. The purpose of this directive is to increase the effectiveness of the program and to simplify the process for approval. Staff has included a third goal of this program; to create a separate section of the code specifically addressing ADU's. Staff presented a series of program objectives to the Housing Board and the Planning and Zoning Commission in worksessions. Suggestions from these worksessions were then incorporated into a set of proposed code amendments and brought back to each board for review. Staff then presented a more fully developed set of code provisions to each board. Based in these discussions, staff has revised these requirements to their present form. These provisions will simplify the approval process by making ADU's a permitted use in all residential zone districts (except MHP). An applicant who proposes an ADU, meeting the minimum design standards, may simply apply for a building permit. The appropriate deed restriction would have to be filled prior to permit issuance. An applicant who wishes to vary these design standards may still do so with approval from the Planning and Zoning Commission or from the Historic Preservation Commission for development needing HPC approval. As part of these revisions, staff intends to create a easy -to -understand pamphlet explaining the main points of the ADU Program, its philosophical underpinings, and the process for development approval. This would not replace the land use code, but would rather describe ADU's in non -code language. This program will increase the effectiveness of new Accessory Dwelling Units by requiring occupancy and rental rate restrictions for ADU's developed in order to gain an exemption from growth management. Depending upon the physical characteristics of the proposed ADU, Category designation 2-4 would apply. ADU's developed voluntarily, or not for GMQS, would not be mandatory rental and no rental rates would apply unless the applicant sought an FAR bonus. This proposed ADU Program will create a new section of the Land Use code; Section 26.30 Accessory Dwelling Units. This is a staff goal as part of the code simplification process. Currently, ADU requirements largely appear in the supplementary section with other provisions found in definitions, residential design, GMQS, etc. This new section would combine all ADU requirements in one place and duplicated in other sections where necessary, such as FAR calculations. • TGcue:,Aj ?= ysA% �n /nevi �wr�� emu. .G�i .0 l'unc�c.�%vu.cC rn 44� 44--me-44-IL- The specific requirements proposed by staff are fully explained in the attached exhibits. Staff recommends the Planning and Zoning Commission consider the attached text and take and consider public comment. Each of the major program elements should be discussed. Finally, the Commission should make a recommendation to City Council. PRIMARY STAKEHOLDERS: In addition to the legal notice requirements, staff ran a box advertisement in the Aspen Times for one week prior to this hearing. Several interested parties contacted staff including property owners, lawyers, real estate agents, and planning consultants. APPLICANT: City of Aspen. REVIEW PROCEDURE: Text amendments are approved by City Council at a public hearing after a recommendation is made by the Commission at a public hearing. STAFF COMMENTS: These proposed code amendments are in response to comments during the "Citizen Housing Roundtable" earlier this year and a follow-up memorandum from the Mayor encouraging planning staff to strengthen and simplify the ADU Program. Staff has identified the major program elements in the attached text. Review criteria are included as Exhibit A. A text version of the proposed ADU section appears as Exhibit B. A summary of the proposed program is included as Exhibit C. RECOMMENDED MOTION: "I move to recommend City Council approve the proposed land use code amendments regarding Accessory Dwelling Units as outlined in the Community Development Department staff memorandum dated June 16, 1998." ALTERNATIVE MOTION: "I move to continue the public hearing to and direct staff to incorporate the following changes: EU 2 • E 26.30 Accessory Dwelling Units 26.30.010 Purpose 26.30.020 Definition 26.30.030 Authority 26.30.040 Applicability 26.30.050 Design Standards 26.30.060 Calculations and Measurements 26.30.070 Deed Restrictions 26.30.080 Application 26.30.090 Procedure 26.30.100 Housing Agreement / Recordation 26.30.110 Enforcement 26.30.120 Amendments Exhibit B 6.16.98 26.30.010 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 preserve this dispersion when existing homes, which provide workforce housing, are significantly redeveloped. ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass of local residents important to preserving Aspen's character. ADUs also allow second home owners the opportunity to hire an on -site caretakers to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable housing opportunities to local working residents and which maximize the livability of these units, certain incentives are available to developers of ADUs. These incentives include: • An exemption from the Growth Management Quota System for existing vacant lots of record and for significant redevelopment of existing homes. • Floor area bonuses for ADUs which promote good living conditions. Exhibit A - Page 1 • r] L • Floor area bonuses for ADUs which provide housing for lower income residents. 26.30.020 Definition An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate to the primary residence in size and character and located on the same lot or contiguous lots under the same ownership as the primary residence in conformance with the zone district in which it is located. All ADUs shall be developed in conformance with this Section. also in definition section Because an ADU may only exist subordinate to a primary dwelling unit on the property and cannot be sold as a separate unit, ADUs are not considered units of density with regards to zoning requirements. Detached ADUs are separated by 10 feet or more from the primary residence and have a maximum 450 square foot footprint. Detached ADUs may be connected to the primary residence by a covered breezeway. Any ADU with an internal connection to the primary residence shall be considered an attached ADU. ADUs may qualify for exemption from Allowable Floor Area calculations depending upon their physical design. see 26.30.060 Calculations and Measurements. 26.30.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter, shall approve, approve with conditions, or disapprove an application for an Accessory Dwelling Unit pursuant to Section 26.52. An application requesting a variation of these design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission, or by the Historic Preservation Commission if the property is designated a Historic Landmark or within a Historic Overlay District, pursuant to Section 26.64, Special Review. 26.30.040 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 26.28, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of this Section. 26.30.050 Design Standards A. General. The following standards have been established to ensure a minimum level of performance from Accessory Dwelling Units. These standards are provided in two categories: basic Exhibit A - Page 2 and exceptional. Both types of ADUs may be approved by the Community Development Director. Exceptional ADUs and detached ADUs are eligible for exemption from the calculation of allowable Floor Area. see 26.30.060 Calculations and Measurements B. Basic Design Standards. All ADUs shall conform to the following minimum design standards unless varied through Special Review by the Planning and Zoning Commission, or by the Historic Preservation Commission for properties designated a Historic Landmark or located within a Historic Overlay District, pursuant to Section 26.64, Special Review: • An ADU must contain between 300 and 700 net livable square feet, 10% of which must be closet or storage area. • An ADU must be able to function as a separate dwelling unit. This includes the following: 1. An ADU must be separately accessible. This does not preclude a second interior entrance to the primary residence. 2. An ADU must have separately accessible utilities. This does not preclude shared services. 3. An ADU shall contain a kitchen including an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer. 4. An ADU shall contain a 3/4 bath. • One parking space shall be designated on -site and shall remain available for the benefit of the ADU resident. • An ADU shall be located within the dimensional requirements of the zone district in which it is located. • The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. • 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. • All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may not be varied. C. Exceptional Design Standards. The Aspen community desires ADUs which are developed in a way which maximize livability and confer the greatest benefit the affordable housing inventory. Exceptional ADUs are eligible for either a partial or full exemption from the calculation of allowable Floor Area. see ADU Floor Area Incentives. In addition to the minimum standards, ADUs meeting the following standards shall be considered exceptional: Exhibit A - Page 3 • • • An exceptional ADU shall contain a minimum of 600 net livable square feet. • An exceptional ADU must provide a bedroom separate from general living areas. A studio unit shall not qualify as an exceptional unit. • An exceptional ADU shall be located 100% above natural or finished grade, whichever is higher. • An exceptional unit shall provide access to natural light beyond the minimum requirements of the Uniform Building Code by 25% (125% of the UBC requirement). If natural ventilation is utilized, the minimum ventilation shall also be increased by 25% (125% of UBC requirement). • An exceptional ADU shall contain two of the following features: 1. A full bath. 2. a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and 6 linear feet of counter surface. 3. a 50 square foot porch or deck. 4. a covered parking space. An exceptional ADU shall be registered with the Housing Authority and deed restricted to mandatory occupancy. If developed in order to gain an exemption from the Growth Management Quota System, an exceptional ADU shall be deed restricted to Category 2 rental restrictions. If an exemption is not required, Exceptional ADU's may be restricted to Category 4 rental restrictions. 26.30.060 Calculations and Measurements A. Floor Area. Notwithstanding the calculation for Subgrade Areas, Accessory Dwelling Units (ADUs) shall contribute to a property's Allowable Floor Area in the following manner: Attached ADUs: Basic ADUs shall contribute 100% towards a property's Allowable Floor Area. Exceptional ADUs shall contribute 50% towards a property's Allowable Floor Area. Detached ADUs: Basic ADUs shall contribute 50% towards a property's Allowable Floor Area. Exceptional ADUs shall contribute 0% towards a property's Allowable Floor Area. Detached ADUs are separated by 10 feet or more from the primary residence and have a maximum 450 square foot footprint. Detached ADUs may be connected to the primary residence by a covered walkway. Any ADU with an internal connection to the primary residence shall be considered an attached ADU. Exhibit A - Page 4 B. Above/Below Grade. For the purpose of determining the percentage above or below grade, the surface area of all exterior walls of an ADU shall be measured. Shared walls shall not be included in this calculation. An ADU is considered above grade if the exterior walls are 50% or more above natural or finished grade, whichever is higher. An ADU is considered below grade if the exterior walls are less than 50% above natural or finished grade, whichever is higher. 26.30.070 Deed Restrictions. A. General. All properties containing an ADU shall be deed restricted and the owner shall enter into an agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU recordation. At a minimum, all ADUs shall be deed restricted in the following manner: • All ADUs shall be registered with the Housing Authority. • Any occupant of an ADU shall be qualified according to the current Aspen/Pitkin County Housing Authority Guidelines. • All ADUs shall be restricted to lease periods of no less then six months in duration. Leases must be recorded with the Housing Authority. B. Occupancy and Rental Restrictions. Depending upon the physical design of an ADU and the circumstances under which it was developed, properties containing ADUs shall be deed restricted with respect to occupancy and rental price restrictions as described below. Occupancy. All ADUs developed in order to obtain an exemption from the Residential Growth Management Quota System and all Exceptional ADUs granted a floor area exemption shall be deed restricted for mandatory occupancy. see 26.100.050. Growth Management An owner of the principal residence shall retain the right to select a qualified employee to occupy the unit. For ADUs required to be occupied, the Housing Authority has the ability to place a qualified renter in the ADU if the owner fails to do so within a reasonable time. see 26.30.110 Enforcement. All Basic ADUs developed voluntarily, or not in response to the Residential Growth Management Quota System, shall not be required to be occupied. Exhibit A - Page 5 Rental Rates. All Basic ADUs developed in order to obtain an exemption from the Residential Growth Management Quota System and all shall be deed restricted in one of the following two ways: 1. If the ADU is above grade, it shall be deed restricted to Category 4 rental restrictions. 2. If the ADU is below grade, it shall be deed restricted to Category 3 rental restrictions. see 26.30.060 Calculations and Measurements Category rental restrictions do not apply to any basic ADU developed voluntarily (when an exemption from Growth Management is not sought) Exceptional ADUs developed in order to obtain an exemption from the Residential Growth Management Quota System or granted a 100% floor area exemption shall be deed restricted to Category 4 rental restrictions. Exceptional ADUs developed in order to obtain an exemption from the Residential Growth Management Quota System and granted a 100% floor area exemption shall be deed restricted to Category 2 rental restrictions. 26.30.080 Application ADUs require a separate building permit. An application for an ADU shall be submitted in conformance with Section 26.56, Development permitted as of right. A development order for an ADU shall not be issued until all required agreements have been recorded. see ADU.recordation. Applications seeking a variance of the ADU design standards must first obtain a land use approval. see 26.30.090 procedure. 26.30.090 Procedure A. General. Pursuant to Section 26.52.020, Pre -Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify any of the requirements of the ADU Program. An ADU meeting the design standards may proceed to building permit. An applicant requesting a variance from the design standards must submit an application for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all Special Reviews considering the applicable criteria. If the property is a Historic Exhibit A - Page 6 • r� L Landmark or within a Historic Overlay District, the applicant may choose the Historic Preservation Commission to consider the Special Review. B. Special Review Criteria. The Planning and Zoning Commission, or the Historic Preservation Commission if the property is a Historic Landmark or within a Historic Overlay District, may vary the Design Standards for an ADU by following the Special Review procedures set forth in Section 26.64 if: 1. The Proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. 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. 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, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. C. Development Order. A development order may be issued subsequent to recordation of all required deed restrictions and agreements and any land use approvals necessary. see ADU.recordation If the ADU is being developed in order to gain a growth management exemption for the primary residence, the Building Permits may only be issued jointly. D. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy, 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 standards shall be remedied prior to issuance of a Certificate of Occupancy. Certificate of Occupancy required for the primary residence shall only be issued subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit. 26.30.100 Housing Agreement / Recordation A. General. Prior to receipt of a building permit for an Accessory Dwelling Unit, the applicant and the Aspen/Pitkin County Housing Authority shall enter into an agreement binding the real Exhibit A - Page 7 property to such deed restrictions and design standards as set forth above, or as amended by either the Planning and Zoning Commission or the Historic Preservation Commission. The form of this agreement and the process for recordation are described below. B. Form of Agreement. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on this form and a copy of any land use Resolutions shall be attached. This agreement shall bind the property owner to such deed restriction as required by this Section and shall grant the Housing Authority the ability to enforce compliance. This includes the Housing Authority's ability to place a qualified employee in a ADU that is deed restricted to mandatory occupancy if the owner fails to choose an occupant after two months of vacancy. see ADU.enforcement C. Recordation. An agreement binding the property shall be recorded with the Pitkin County Clerk and Recorder by the applicant. There is per page recordation fee. The book and page recordation shall be noted in the building permit plans. All ADUs shall be registered with the Housing Authority. Leases shall be recorded with the Housing Authority and kept current. 26.30.110 Enforcement. A. General. The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded agreement between the property owner and Aspen/Pitkin County Housing Authority. Property owners in violation of the recorded housing agreement may be subject to court action. B. Rental Rates and Occupancy. A Category rental rate restriction establishes a maximum monthly lease rate for an ADU and defines the asset and income limitation of an occupant. Lease rates may not exceed these restrictions. These lease rates are part of the Aspen/Pitkin County Housing Guidelines and are amended each year. ADU rental rates may be adjusted to reflect these yearly changes. ADUs shall be rented for lease periods of no less than six months. The occupant shall be a resident of Pitkin County qualified with the Aspen/Pitkin County Housing Authority's Guidelines for the respective Category deed restriction. The owner shall retain the right to select a qualified renter. ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner of the ADU fails to select a qualified renter and the ADU is vacant for more than two months, the Aspen/Pitkin County Housing Authority shall select a qualified renter to Exhibit A - Page 8 0 9 EXHIBIT C SUMMARY OF ADU PROGRAM 6.16.98 Simplicity: A goal of this ADU Program is to lessen the amount of review time and complexity for applicants proposing ADU's. The new ADU Program would allow applicants to proceed automatically to a building permit. The requirements for the ADU would be checked by staff during this review. The design standards ensure a level of performance from the resulting ADUs and reflect typical conditions of approval applied to proposed ADUs through the current program. Applicants wanting to amend the design standards could still do so with the Planning and Zoning Commission. Effectiveness: One goal of this new ADU Program is to ensure the community a commensurate benefit with an exemption from growth management and/or significant exemption from the calculation of floor area. ADUs developed in order to gain an exemption from GMQS would be required to be occupied and rental restrictions would apply depending upon the physical design of the unit. Voluntary units (when a GMQS exemption is not needed) could still be developed without mandatory occupancy and rental restrictions. However, if an applicant developed an Exceptional unit (a floor area incentive) this unit would need to be rented and restricted to Category 4 Code Simplicity: This set of code revisions would create a new Section of the Land Use code specifically for ADUs. This would provide a single place in the code where one could reference all of the City's requirements for developing an ADU. Zoning Summary page 1 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, MAY 5, 1998, 4:30 PM COUNCIL CHAMBERS, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. PUBLIC HEARINGS 4:45-5:45 A. 1035 E. Durant Subdivision, PUD & Stream Margin Review, Mitch Haas [Tabled from 4/21; please bring packet to meeting] 5:45-6:oo B. 930 King Street Landmark Designation, Bob Nevins (cont. from 4/21) 6:99-6:15C. 930 King Street Conditional Use for ADU, Bob Nevins 6:15-6:3oD. Farmers' Markets Code Amendment, Mitch Haas 6:30-7:ooE. ADU Program Changes Code Amendment, Chris Bendon IV. ACTION ITEM 7:00-7:05F. Small Lodge Lottery Allocation for Lodge Expansion, Julie Ann Woods V. ADJOURN NOTE: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their case time estimated. • • MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Direct6r- ---�--' Julie Ann Woods, Deputy Director FROM: Christopher Bendon, Planner RE: ADU Program Changes -- Public Hearing DATE: May 5, 1998 SUMMARY: The Mayor and City Council have directed staff to bring forward amendments to the ADU Program. The purpose of this directive is to increase the effectiveness of the program and to simplify the process for approval. Staff presented a series of program objectives to the Housing Board and the Planning and Zoning Commission in worksessions. This list included provisions for ADUs becoming permitted uses in all residential zone districts, mandatory occupancy. Category rental restrictions, and incentives for premium units. With the comments from the two Boards, staff has prepared a more structured set of code provisions which incorporate the major themes discussed in the worksessions. Staff has identified the code Sections which should be amended and has suggested a series of changes to these sections. These proposed changes are not in a final version. Staffs objective with this public hearing is to review the proposed changes and identify the Commission's and the public's concerns, desires, and general reaction to the ADU Program as outlined before bringing a final recommended Resolution to the Commission. The proposed changes are outlined in the attachment. Staff recommends the Planning and Zoning Commission consider the attached text and take and consider public comment. Each of the major program elements should be discussed and suggestions given to staff. Finally, the Commission should continue the public hearing to June 2, 1998. REVIEW PROCEDURE: Text amendments are approved by City Council at a public hearing after a recommendation is made by the Commission at a public hearing. STAFF COMMENTS: Staff has identified the major program elements in the attached text. The Commission should review each of these elements with staff during the hearing. RECOMMENDED MOTION: "I move to continue this public hearing on the ADU Program to June 2, 1998." • ADU Program 5.5.98 ADU. Purpose ADU . Definition ADU. Authority ADU. Applicability ADU. Design Standards ADU. Calculations and Measurements ADU. Deed Restrictions ADU. Application ADU. Procedure ADU. Housing Agreement / Recordation ADU. Enforcement ADU . Amendments Exhibit A ADU. Purpose The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long- standing community goal of promoting 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 preserve this dispersion when existing homes, which provide workforce housing, are significantly redeveloped. ADUs support local Aspen businesses by providing an employee base within the town and provides a critical mass of local residents important to preserving Aspen's character. ADUs also allow second home owners the opportunity to hire an on -site caretakers to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is an environmentally preferred land use pattern which reduces automobile reliance. To the extent Aspen desires Accessory Dwelling Units which provide viable housing opportunities to local working residents and which maximize the livability of these units, certain incentives are available to developers of ADUs. These incentives include an exemption from the Growth Management Quota System for older vacant lots and for significant redevelopment of existing homes, floor area bonuses for ADUs which promote good living conditions for their inhabitants, and floor area bonuses for ADUs which provide housing for lower income residents. Exhibit A - Page 1 0 • ADU. Definition An Accessory Dwelling Unit or ADU means a separate dwelling unit incidental and subordinate to the primary residence in size and character and located on the same lot or contiguous lots under the same ownership as the primary residence in conformance with the zone district in which it is located. All ADUs shall be developed in conformance with this Section. also in definition section Detached ADUs are separated by 10 feet or more from the primary residence and have a maximum 450 square foot footprint. Detached ADUs may be connected to the primary residence by a covered walkway. Any ADU with an internal connection to the primary residence shall be considered an attached ADU. An ADU may qualify for an exemption from floor area calculations if it is either detached or considered exceptional. see ADU. calculations and measurements. ADU.Authority. The Community Development Director, in accordance with the procedures, standards. and limitations of this Chapter, shall approve, approve with conditions, or disapprove an application for an Accessory Dwelling Unit pursuant to Section 26.52. An application requesting a variation of these design standards shall be approved, approved with conditions, or disapproved by the Planning and Zoning Commission, or by the Historic Preservation Commission if the property is designated a Historic Landmark or within a Historic Overlay District, pursuant to Section 26.64, Special Review. ADU. 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 26.28, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of this Section. ADU. Design Standards To ensure a minimum level of performance from Accessory Dwelling Units without review by a Board, the following standards have been established. These standards are provided in two categories: basic and exceptional. Both types of ADUs may be approved by the Community Development Director. Exceptional ADUs and detached ADUs may qualify for a Floor Area incentive. see ADU. FAR Calculations and Measurements Basic Design Standards. All ADUs shall conform to the following minimum design standards unless varied through Special Review by the Planning and Zoning Commission, or by the Historic Preservation Commission for properties designated a Historic Landmark or located within a Historic Overlay District, pursuant to Section 26.64, Special Review: Exhibit A - Page 2 • • An ADU must contain between 300 and 700 net livable square feet, 10% of which must be closet or storage area. An ADU must be able to function as a separate dwelling unit. This includes the following: 1. An ADU must be separately accessible. This does not preclude a second interior entrance to the primary residence. 2. An ADU must have separately accessible utilities. This does not preclude shared services. 3. An ADU shall contain a kitchen, which includes an oven, a stove with two burners, a refrigerator with a minimum of 6 cubic feet of capacity and a freezer, and a standard sink. 4. An ADU shall contain a minimum 314 bath. • One parking space shall be designated on -site and shall remain available for the benefit of the ADU resident. • An ADU shall be located within the dimensional requirements of the zone district in which it is located. • The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. • 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. • All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section ADU. deed restrictions. This standard may not be varied. Exceptional Design Standards. The Aspen community desires ADUs which are o. °4 maximize livability and confer the greatest benefit the housing inventory. Exceptional ADUs, and detached ADUs, may be exempted from the calculation of allowable Floor Area. see ADU Floor Area Incentives. In addition to the minimum standards, ADUs meeting the following standards shall be considered exceptional: • An exceptional ADU shall contain a minimum of 600 net livable square feet. • An exceptional ADU must provide a bedroom separate from general living areas. A studio unit shall not qualify as an exceptional unit. • An exceptional ADU shall be located 100% above grade. • An exceptional unit shall provide access to natural light and air beyond the minimum requirements of the Uniform Building Code. Quantify • An exceptional ADU shall be registered with the Housing Authority, deed restricted to mandatory occupancy, and Category 2 rental restrictions. • An exceptional ADU shall contain two of the following features: Exhibit A - Page 3 • • A full bath and a full kitchen. quantify 2. a 50 square foot porch. I a 50 square foot deck. 4. a covered parking space. 4 C-J ADU .Calculations and Measurements Floor Area. Notwithstanding the calculation for subgrade areas, Accessory Dwelling Units (ADUs) shall contribute to a property's Allowable Floor Area in the following manner: Attached ADUs: Basic ADUs shall contribute 100% towards a property's Allowable Floor Area. Exceptional ADUs shall contribute 50% towards a property's Allowable Floor Area. Detached ADUs: Basic ADUs shall contribute 50% towards a property's Allowable Floor Area. Exceptional ADUs shall contribute 0% towards a property's Allowable Floor Area. Detached ADUs are separated by 10 feet or more from the primary residence and have a Detached 450 square foot footprint. Detached ADUs may be connected to the primary residence by a covered walkway. Any ADU with an internal connection to the primary residence shall be considered an attached ADU. Above/Below Grade. For the purpose of determining the percentage above or below grade, the surface area of all exterior walls of an ADU shall be measured. Shared walls shall not be included in this calculation. An ADU is considered above grade if the exterior walls are 50% or more above natural or finished grade, whichever is higher. An ADU is considered below grade if the exterior walls are less than 50% above natural or finished grade, whichever is higher. ADU. Deed Restrictions. General. All properties containing an ADU shall be deed restricted and the owner shall enter into an agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU recordation. At a minimum, all ADUs shall be deed restricted in the following manner: Exhibit A - Page 4 • • • All ADUs shall be registered with the Housing Authority. • Any occupant of an ADU shall be a qualified employee. • All ADUs shall be restricted to lease periods of no less then six months in duration. Leases must be recorded with the Housing Authority. Depending upon the physical design of an ADU and the circumstances under which it was developed, properties containing ADUs shall be deed restricted with respect to occupancy and rental price restrictions as described below. Occupancy. All ADUs developed in order to obtain an exemption from the Residential Growth Management Quota System shall be deed restricted for mandatory occupancy. see 26.100.050. An owner of the principal residence shall retain the right to select a qualified employee to occupy the unit. The Housing Authority shall retain the right to place a qualified employee in the ADU if the owner fails to do so within a reasonable time. see ADU. enforcement. All ADUs developed voluntarily, or those not required to obtain an exemption from the Residential Growth Management Quota System, shall not be required to be occupied. Rental Rates. All ADUs meeting the minimum design standards and developed in order to obtain an exemption from the Residential Growth Management Quota System shall be deed restricted in one of the following two ways: 1. If the ADU is above grade, it shall be deed restricted to Category 4, or lower, rental restrictions. 2. If the ADU is below grade, it shall be deed restricted to Category 3, or lower, rental restrictions. see ADU.Calculations and Measurements All ADUs meeting the minimum design standards and not developed in order to obtain an exemption from the Residential Growth Management Quota System shall be deed restricted to RO, Resident Occupied. ry WHit.�/ rGt.� fp or -5iomAeja-/-� 'gp`°44 IA order for an ADU to qualify as an exceptional ADU, it must be deed restricted to m wki" HI.c Category 2, or lower, rental restrictions regardless of the circumstances under which it ZU fk4i was developed. Exceptional ADUs are eligible for a Floor Area incentive. see P""-C3 aR ADU. calculations and measurements e111L,- 4 s a s d�.rf►�� .1►�u . Exhibit A - Page 5 • 0 ADU. Application An application for an ADU shall be submitted in conformance with Section 26.56, development permitted as of'right. ADUs require a separate building permit. A development order for an ADU shall not be issued until all required agreements have been recorded. see ADU.recordation. ADUs not meeting the basic design standards must proceed through a land use review. see ADUprocedure. ADU. Procedure A. General. Pursuant to Section * * * *, Pre -Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify any of the requirements of the ADU Program. An ADU meeting the design standards may proceed to building permit. An applicant requesting a variance from the design standards must submit an application for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all Special Reviews considering the applicable criteria. If the property is a Historic Landmark or with a Historic Overlay District, the applicant may choose the Historic Preservation Commission to consider the Special Review. B. Special Review Criteria. The Planning and Zoning Commission, or the Historic Preservation Commission if the property is a Historic Landmark or within a Historic Overlay District, may vary the Minimum Design Standards for an ADU by following the Special Review procedures set forth in Section 26.64 if: 1. The Proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. 2. The proposed ADU is designed to be compatible with and subordinate in character to the primary residence considering all dimensions, site configuration, landscaping, and privacy. 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, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Development Order. A development order may be issued subsequent to recordation of all required deed restrictions and agreements and any land use approvals necessary. see ADU. recordation Exhibit A - Page 6 ADU. Housing Agreement / Recordation General. Prior to receipt of a building permit for an Accessory Dwelling Unit, the applicant and the Aspen/Pitkin County Housing Authority shall enter into an agreement binding the real property to such deed restrictions and design standards as set forth above. or as amended by either the Planning and Zoning Commission or the Historic Preservation Commission. The form of this agreement and the process for recordation are described below. Timing. Any building permit required for the Accessory Dwelling Unit shall only be issued subsequent to recordation of the Housing Agreement with the County Clerk and Recorder. If a building permit is required for a residence to which the proposed ADU is accessory, such permit may only be issued subsequent to, or jointly with, the building permit for the ADU. Any Certificate of Occupancy required for the primary residence shall only be issued subsequent to, or jointly with, issuance of a Certificate of Occupancy for the ADU. Form of Agreement. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on this form and a copy of any land use Resolutions shall be attached. This agreement shall bind the property owner to such deed restriction as required by this Section and shall grant the Housing Authority the right to enforce compliance. This includes the Housing Authorities right to place a qualified employee in a ADU deed restricted to mandatory occupancy if the owner fails to choose an occupant after two months of vacancy. see ADU. enforcement Recordation. An agreement binding the property shall be recorded with the Pitkin County Clerk and Recorder by the applicant. The process for recordation goes here. There is per page recordation fee. The book and page recordation shall be noted in the building permit plans. All ADUs shall be registered with the Housing Authority. Leases shall be recorded with the Housing Authority. ADU. Enforcement. General. A development order for an ADU shall only be issued subsequent to recordation of the Housing Agreement, pursuant to section ADU.recordation, with the County Clerk and Recorder. The Aspen/Pitkin County Housing Authority, or their designee, shall have the right to enforce the recorded agreement between the property owner and Aspen/Pitkin County Housing Authority. Property owners in violation of the recorded housing agreement may be subject to court action including a per -day monetary fine. Exhibit A - Page 7 0 • Inspection and Acceptance of ADU. Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect the ADU for compliance with Section ADU. design. Any un-approved variations from these standards shall be rectified prior to issuance of a Certificate of Occupancy. Any Certificate of Occupancy required for the primary residence shall only be issued subsequent to, or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit. Rental Restrictions. ADUs shall be deed restricted to a rental price restriction as defined in Section ADU. deed restrictions. This restriction establishes a maximum monthly lease rate for an ADU and defines the asset and income limitation of an occupant. Lease rates may not exceed these restrictions. Leases must be recorded with the Housing Authority. The Housing Guidelines are amended each year. ADU rental rates may be adjusted to reflect these yearly changes. Occupancy. Occupied ADUs shall be rented for lease periods of no less than six months. The occupant shall be a resident of Pitkin County qualified with the Aspen/Pitkin County Housing Authority's Guidelines for the respective Category deed restriction. The owner shall retain the right to select a qualified renter. ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner of the ADU fails to select a qualified renter and the ADU is vacant for more than two months, the Aspen/Pitkin County Housing Authority shall select a qualified renter to occupy the ADU. The lease period for this renter shall be six months, after which time the owner shall have the option of renewing the lease or selecting a new occupant. ADU. Amendment of Development Order Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director. An insubstantial amendment shall not include: • Any change which alters the operational characteristics or policy requirements of the ADU. • Any change which increases design variations granted through a Special Review. • Any change which represents a significant change in an existing ADU or including demolition of an existing ADU. Exhibit A - Page 8 0 0 Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall conform to the requirements of this Section. GMQS 26.100.050 Exemptions. Several types of development are eligible for exemption from the residential and tourist accommodations growth management competition and scoring procedures of this article. Some types of exempt development are deducted from the pool of annual development allotments and metro area development ceilings; others are not. This section describes the types of development that are exempt from growth management competition and scoring. The provisions are organized in terms of the decision -making entity with responsibility and authority for considering exemption requests. The regulations also describe whether exemptions are to be deducted from the pool of annual development allotments and the metro area development ceilings. See "Allocation Procedures for Exempt Development," Section 26.100.060(B). An exemption may not be sought for any parcel for which any other development allotment is being sought or is approved A. Exemption by Community Development Director. 1. General. a. Timing of exemption request. No development shall be considered for an exemption by the Community Development Director until a complete building permit application has been submitted pursuant to Section 26.52.070. b. Delayed reconstruction of demolished dwelling, hotel and lodge units. An exemption request that includes a request for an extension of the three-year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the improvements survey. 2. Community Development Director exemptions that are not deducted from the pool of annual development allotments or from the metro area development ceilings. The following exemptions shall not be deducted from the respective annual development allotment established pursuant to Section 26.100.040 or from the metro area development ceilings established pursuant to Section 26.100.030. a. Remodeling, restoration, expansion, or reconstruction of existing buildings. Remodeling, restoration, or expansion, of existing lodge and multi -family buildings. Exhibit A - Page 9 0 • The remodeling, restoration, or expansion of an existing lodge or multi -family building shall be exempt from the growth management competition and scoring procedures, provided that no additional dwelling, hotel, or lodge units are created, such development is in compliance with Section *** Resident Multi -Family Housing Replacement Program, and no change of use is involved. No bandit unit shall be remodeled, restored, or expanded unless it has first been legalized pursuant to Section 26.40.090. Reconstruction of demolished lodge buildings. Reconstruction of demolished lodge buildings shall be exempt from the growth management competition and scoring procedures, in accordance with the following standards: (a) The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Title. (b) An applicant may propose to demolish and then delay the reconstruction of existing hotel or lodge units. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. (c) (c) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. Reconstruction of demolished multi -family buildings. ' Reconstruction of demolished multi -family buildings shall be exempt from the growth management competition and scoring procedures, in accordance with the following standards: a) The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to Section 26.48.030 Resident Multi -Family Housing Replacement Program and the terms of this Title. b) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off -site pursuant to Section 26.48.030. c) No bandit unit shall be reconstructed unless it has first been legalized pursuant to Section 26.40.090. Remodeling, restoration, or minor expansion of an existing single-family or duplex structures. The remodeling, restoration, or expansion by not more than one -thousand (1,000) square feet of Floor Area of existing single-family or duplex dwellings which does not alter the number of dwelling units shall be exempt from growth management. Phased expansions are cumulative. ??? Affordable Housing Impact Fee Exhibit A - Page 10 • Major expansion of existing single-family or duplex structures. The expansion by more than one -thousand (1,000) square feet of Floor Area of one or two detached residential units or a duplex shall be exempt from the growth management competition and scoring procedures if the following standards are met: I. Single-family. In order to qualify for a single-family exemption, the applicant shall have three options: A. providing an accessory dwelling unit pursuant to Section ADU B. paying the applicable affordable housing impact fee C. recording a resident -occupancy deed restriction on the single-family dwelling unit being expanded. II. Duplex. In order to qualify for a duplex exemption, the applicant shall have five options: A. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet B. providing two free market dwelling units and one accessory dwelling unit, pursuant to Section ADU, with a minimum floor area of six hundred (600) net livable square feet C. providing two free market dwelling units and two accessory dwelling units pursuant to Section ADU D. providing two deed restricted, resident -occupied dwelling units; or E. paying the applicable affordable housing impact fee. Construction, reconstruction after demolition, or conversion of a single-family or duplex structure. The construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, or which was created through a lot split or historic lot split, or the replacement after demolition of one or two detached residential units or a duplex dwelling, or the conversion of a single family dwelling into a duplex dwelling, or the conversion of a duplex dwelling into a single-family dwelling shall be exempt from the competition and scoring procedures if the following standards are met: I. Single-family. In order to qualify for a single-family exemption, the applicant shall have three options: A. providing an accessory dwelling unit pursuant to Section ADU B. paying the applicable affordable housing impact fee C. recording a resident -occupancy deed restriction on the single-family dwelling unit being expanded. II. Duplex. In order to qualify for a duplex exemption, the applicant shall have five options: A. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet Exhibit A - Page 11 E 0 B. providing two free market dwelling units and one accessory dwelling unit, pursuant to Section ADU, with a minimum floor area of six hundred (600) net livable square feet C. providing two free market dwelling units and two accessory dwelling units pursuant to Section AD D. providing two deed restricted, resident -occupied dwelling units; or E. paying the applicable affordable housing impact fee. Affordable Housing Impact Fee (not part of noticed public hearing) 26.48.010 Applicability. The provisions of this Chapter 26.48 shall apply in the calculation of the affordable housing impact fee required in Section 26.100.040(A) . 26.48.020 Calculation of affordable housing impact fee. The amount of the affordable housing impact fee is based on the public cost to provide affordable housing as a result of the activi for which the fee is required. The formula shall multiply the cash -in -lieu payment established from time to time by the Aspen/Pitkin County Housing Office for moderate income employees and the square footage of the subject development. The formula assumes that for every three thousand (3,000) square feet of new single-family or duplex floor area that the public will be required to provide housing for one moderate income employee. The per square foot fee shall be determine as follows: d average of cash -in -lieu amount for Category 2 and 3 3,000 s.f. The residential square footage of the subject development shall be determined by calculating one of the following: • the residential floor area constructed as a result of the demolition of a single-family or duplex dwelling unit (the floor area of a demolished dwelling unit shall not constitute a credit) • the new residential floor area constructed as a result of the significant expansion of a single-family or duplex dwelling unit. (the floor area of the existing dwelling unit shall constitute a credit) • the new residential floor area constructed on a previously vacant lot. • the floor area of a structure converted from a single-family to a duplex residence or from a duplex to a single-family residence. The per square foot impact fee and the subject square footage being shall be multiplied to determine the cash -in -lieu payment as follows: Exhibit A - Page 12 • • (per s.f. Impact fee) X (subject s.f.) = cash-in=lieu payment. This fee shall be paid in full to the City of Aspen after acceptance of the fee, pursuant to Section. acceptance 26.Acceptance of Affordable Impact Fee: Process for approval. Review by the Planning and Zoning Commission or by the HPC for Historic properties, as a Special Review. Criteria. meet 1,2 & 3 or meet #4 1. Providing an ADU on -site presents a hardship. 2. Providing an ADU on -site will significantly detract from a historic resource located on the same property. 3. Providing an ADU on -site would be in conflict with the AACP, with the purpose of the zone district in which it would be located, or would significantly detract from the character of the neighborhood. 4. The owner of the principal residence is a local working resident and wishes to defer the payment of the impact fee pursuant to Section 26.48.030. 26.48.030 Deferral of affordable housing impact fee. If the owner of a single-family or duplex unit for which an affordable housing impact fee is due is a qualified working resident, as that term is defined herein, the obligation to pay the impact fee may be deferred, at the owners request, until such time as the dwelling unit is sold to a buyer who is not a qualified working resident. Furthermore, the amount of the impact fee which is deferred shall be adjusted at the time of resale in proportion to the change in value of the subject dwelling unit from the value at the time the obligation for the impact fee was incurred to the value on the date of closing. The value at the time that the impact fee is due shall be determined by the chief building official on the basis of a current appraisal, a reliable opinion of value, assessed valuation, or such other method as deemed appropriate. The value on resale shall be the value of the total consideration paid by the buyer. In no case shall the fee be adjusted downward to an amount less than twenty-five (25) percent, or upward to an amount greater than fifty (50) percent, of the impact fee which was deferred. The obligation for the impact fee and. the value of the dwelling unit at the time the obligation is incurred shall be set forth in a written document, signed by the owner or owners of the subject dwelling unit, and recorded in the records of the Pitkin County Clerk and Recorder prior to the issuance of a certificate of occupancy. (Ord. No. 1-1990, § 3: Code 1971, § 5-703) Exhibit A - Page 13 ASPEN PR•KIN COMMUNITY DEVELOPMENT DEPARTMENT *64 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5090 • FAx 970.920.5439 Pnnted m Receded Paper RECEIVED � �� c-AOVI'c &,-►r CW C o^1" jf�# Q� WAR ^ 1 '998 MEMORANDUM COMMLINtOPEVELC PIAENJohn Bennett, City of Aspen Mayor VVVV J� FROM: Suzanne Konchan, Pitkin County Manager RE: County Caretaker Unit/Employee Dwelling Unit Program DATE: March 17, 1998 The Board of County Commissioners asked that I relay to you a recent discussion they had regarding the County's Caretaker and Employee Dwelling Unit Programs. This discussion was prompted by your memorandum to the Board regarding the proposed modifications to the City's Accessory Dwelling Unit Program. As I am sure that you are aware, the County's Caretaker and Employee Dwelling Unit Programs are similar, but distinctly different from, the City's Accessory Dwelling Unit Program. The County does not have an equivalent to the City's Ordinance 1, thus both our Caretaker and Employee Dwelling Unit Programs are voluntary. Their key ingredients include: Caretaker Units • Maximum size of 700 square feet of net livable area • May be rented or left vacant at the sole discretion of the property owner • If rented, must be rented to a qualified employee of Pitkin County (however there are no income or asset restrictions) • May be occupied by a close relative of the property owner, defined as first cousin or closer relative • May be rented for whatever the market will bear • Attached caretaker units are administratively approvable on any property within the County, if no significant 1041 hazards are affected by the unit • Detached units require approval by the Board of County Commissioners on non- conforming lots and/or if significant 1041 hazards are affected by the unit Employee Dwelling Unit • Maximum size of 1500 square feet of net livable area • Must be rented by property owner, if left vacant for more than 90 days may be filled by the Housing Office with a qualified employee • Renters must be qualified Pitkin County employees (however there are no income or asset restrictions) • Can only be rented at the maximum Category 3 rental limit under the Housing Guidelines • Minimum property size requirements apply 1 a W 1" k 24 - b 1 Cl� CcvvLc A fit, During their discussion, several key points were made that the Board felt were important to relay to you and the City Council. The first discussion point is the fact that the County is engaged in analyzing the impacts of free market homes in the County. Initial elements of this study were disclosed at the Housing Roundtable in January. Gabe Preston. our newest Planner in Community Development, has been completing his analysis and shortly we will begin a dialogue regarding potential new mitigation programs that may include modified housing mitigation for free market residential construction. There may be some desire to utilize, in a modified form, some version or an Ordinance 1 "type" program. Secondly, the Countv continues to receive requests from property owners for detached guest houses. The desires of the free market for a guest house tend to be substantially different than the restrictions that we apply to either caretaker or employee dwelling units. Some form of employee mitigation has been discussed relative to the potential development of a guest house program. A second issue that has been discussed with relation to guest houses is a link to the County's Transfer of Development nights Program. However, these discussions are in their infancy stage and no decisions or clear course of action have been chosen. Also, the County completed a survey of those constructed caretaker and employee dwelling units in the County, similar to the survey completed for the City regarding accessory dwelling units. The results of our survey were substantially different than the results of the City's survey, inasmuch as 30% of our respondents indicated that :aretaker units were, in fact, occupied by qualified employees. This high occupancy rate, if accurate, may be attributable to a number of factors. One of the most commonly offered comments from property owners, was the fact that the voluntary program was an important element in their consideration to proceed with the approval and construction of a caretaker unit. Clearly, caretaker units are much more popular than employee dwelling units. We believe this is largely attributable to the fact that they may remain unoccupied without threat of the Housing Office placing an unknown tenant in the unit. Despite the very optimistic results of this survey, the County recognizes that there needs to be constant review of this program, including subsequent survevs. We are also interested in some of vour ideas regarding making the caretaker/employee unit process more user friendly. However, as with many issues, there is not unanimity of thought with regard to the future of these programs. The Board appreciated your memorandum and wanted to let you know that it stimulated useful discussion at their March 3rd Work Session. As any of these issues evolve further, we will be sure to keep you informed. cc: BOCC F#;ny Margerum , Cindy Houben Dave Tolen sem/ 147 C,VU, 4 upt/" are N � a �m �;Idj — aOA�G PV4, de j'e )�twx 0 Pik 44n offflycr- or Key Points of AD U Program. 1. Simplify Approval Process. • ADU become a permitted use in Residential Zones. • Vary the Design Standards with P&Z 2. Increase Effectiveness • Exemption from GMQS = Mandatory occupancy and rental restrictions. • FAR Incentives for better ADUs 3. Code Simplification • Section 26.30 Accessory Dwelling Units Basic Design Standards. • 300 - 700 net livable square feet, 10% closet or storage area. • Separate dwelling unit. This includes the following: 1. An ADU must be separately accessible. This does not preclude a second interior entrance to the primary residence. 2. An ADU must have separately accessible utilities. This does not preclude shared services. 3. An ADU shall contain a kitchen including an oven, a stove with two burners, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer. 4. An ADU shall contain a 3/4 bath. • One parking space. • Located within the zone district requirements. • The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. • 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. • All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may not be varied. Exceptional Design Standards. • 600 net livable square feet. • A bedroom separate from general living areas. A studio unit shall not qualify as an exceptional unit. • Located 100% above natural or finished grade, whichever is higher. • An exceptional unit shall provide access to natural light beyond the minimum requirements of the Uniform Building Code by 25% (125% of the UBC requirement). If natural ventilation is utilized, the minimum ventilation shall also be increased by 25% (125% of UBC requirement). • An exceptional ADU shall contain two of the following features: 1. A full bath. 2. A full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and 6 linear feet of counter surface. 3. A 50 square foot porch or deck. 4. A covered parking space. • Deed restricted to mandatory occupancy. • GMQS Exemption = Category 2. • Voluntary = Category 4. i MEMORANDUM TO: John Worchester, City Attorney David Hoefer, Assistant City Attorney FROM: Christopher Bendon, Planner U* RE: ADU Program Changes DATE: April30. 1998 Staff is bringing forward changes to the ADU program which promote ADUs as a permitted in residential zones use but would require deed restricting those units to a Category rental price and mandatory occupancy. Under this proposal, an owner could still proceed through GMQS. Gaining an Exemption from GMQS with a cash -in -lieu payment would be require the owner to show why an ADU could not be built on -site. A property owner would retain the right to select a qualified occupant but the Housing Authority would be able to place a person if the owner failed to find a tenant with a reasonable time. I need some feedback about the legality of all this. The boards seem very devoted to this mandatory occupancy idea but have concerns about our ability to enforce it. So do I. • MEMORANDUM TO: Aspen Planning and Zoning Commission tor THRU: Stan Clauson, Community Developm nt Direc Julie Ann Woods, Deputy Direct r 1 FROM: Christopher Bendon, Planner �1, RE: ADU Program -- Worksession DATE: April 21, 1998 SUMMARY: The Mayor of Aspen has directed staff to bring forward amendments to the ADU Program. The purpose of this directive is to increase the effectiveness of the program and to simplify the process for approval. There has been a general disappointment with the ADU program expressed by staff, elected and appointed decision -makers, and some members of the public. The majority of the concern centers around the approximate 20% occupancy rate for ADUs with the remaining 80% functioning as additional bedrooms. Also, there is a concern over ADU rental rates. Staff has identified the code Sections which should be amended and has suggested a series of changes to simplify the approval process for ADUs which will increase their viability as a housing alternative. The main suggestions include the following: a) ADUs becoming permitted uses in all zone districts where a single-family or duplex is allowed. b) Administrative approval for ADUs meeting a set of design standards. These design standards would be a codified version of the minimum requirements for an ADU which typically are conditions of approval. c) Commission review for ADUs not meeting the design standards. d) Mandatory occupancy. e) Category restrictions for rental prices. f) Incentives for more than 50% above grade and/or detached units. g) Possible greater incentive for units meeting "exceptional" standards. h) ADUs remaining an exemption from growth management for a new or reconstructed home. i) Including a GMQS exemption requirement for "major expansions" of existing homes. j) Providing applicants with a simple brochure explaining the main points of the program, the design standards, and the approval process. 0 k) The "cash -in -lieu" option be reviewed by a board. 1) Review of the cash -in -lieu charges by the Housing Board to reflect the true cost of unit production, not only construction costs. m) ADUs remaining `accessory' to the principal structure and not counting towards density requirements of the zoning or being available for separate sale. n) ADU approval required before issuance of a building permit for the main house. CO issued to ADU before CO issued to main house. o) A physical inspection by the Housing Authority or Zoning Officer to confirm compliance with design standards prior to CO. p) An enforcement mechanism for the Housing Authority to be able to `place' a qualified resident if the owner fails to do so within a reasonable time. q) Development of a list of qualified occupants who have passed a pre-screening or have identified their attributes. This would allow an owner to call the Housing Authority and ask for a list of "professionals with caretaking experience and no pets" or "seasonal employees who need housing for 6-8 months only." The purpose of this worksession is to identify the Commission's concerns, desires, and general reaction to the ADU Program as outlined above. Staff has a desire to make this program as simple and effective as possible. To that end, staff is interested in the Commission's vision of the ADU Program. Also, staff is interested in the relevant stake -holders the Commission feels should be included beyond the general notice requirements. REVIEW PROCEDURE: This is a worksession. The Commission may not take action at this meeting, but is asked to provide direction to staff for this amendment. Staff is preparing a full presentation for the Commission for the May 5, 1998, hearing in which the Commission may consider a recommendation to City Council. Text amendments are approved by City Council at a public hearing after a recommendation is made by the Commission at a public hearing. OTHER COMMENTS: Staff is in the process of reorganizing the land use code. This process is mostly separating the functions of the language. (i.e. definitions, regulations, procedure, etc.) This process, however, will suggest creation and elimination of entire code sections. Staff will bring forward the amendments within the existing code and has attempted to revise the ADU Program within the new text. This new text, as it relates to ADUs, will be presented along with the code amendments. The entire code reorganization will be brought forward at a later date, probably late Spring or Summer. 2 Aamm MEMO - DATE: 1/26/98 RECEIVED JAN 2 7 1998 ASPEN / NIT KIN COMMUNITY DEVELOPMENT TO: City Council, BOCC, City & County P & Z Commissions, Aspen/Pitkin County Housing Board & Office, and City/County Community Development Departments FROM: John Bennett RE: ADU's At our recent Housing roundtable, some of us argued that the ADU program should be scrapped, while others felt it simply needed "fixing." Along the lines of the latter, I'd like to offer three suggestions for making the program more effective immediately... 1. Make occupancy of ADU's mandatory. A property owner would have the following options to fill his or her ADU: a. An immediate family member. This would allow a son or daughter (a young person starting off) or a grandparent (someone in retirement) to have a place in both the home and the community. b. A non -family member chosen by the owner, as long as the person was qualified by the Housing Office. OR c. Someone chosen & qualified by the Housing Office. — Allow vacancies for up to six months, but no longer. 2. Require ADU's for all new homes. Allow no "in lieu" payments. Make ADU's permitted by right, not a conditional use, in all zone districts. 3. Approve ADU's by a simple administrative staff review. ...Vastly simplify the process. (And keep enforcement simple, too. Perhaps ADU owners could fill out and co-sign an occupancy voucher once each year when they pay their property taxes.) 2 If we took these steps, it seems to me that we could turn ADU's back into what they were intended to be: a valuable.and functioning piece of the affordable housing puzzle ... diverse small apartments for locals spread throughout the community. (It's also the kind of thing that difficult neighborhoods like Woody Creek say they'd willingly accept.) This is something we could do fairly quickly. Over time, it could add greatly to our housing supply. And, of course, if it didn't work, we could still always scrap the program in the future! Please let me know if you have any thoughts or comments. Thanks! TA 4 kP 4k 10 9-3.4-12Accessory Dwelling Unit . (a)Standards: An owner or the owners of a lot or parcel with an existing single-family dwelling unit may establish and maintain an accessory dwelling unit within the principal structure of a detached dwelling unit in the LR-D, LR-E, ER-E, RR-E, RR 1-E, A-E, or P-E districts if all of the following conditions are met and continue to be met during the life of the accessory dwelling unit: (1)The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as a principal residence by at least one owner of record of the lot or parcel upon which the detached dwelling unit and accessory dwelling unit is located, who possesses at least an estate for life or a fifty percent fee simple ownership interest. (2)In addition to the parking required in each district, one paved off-street parking space is provided on the lot upon which the detached dwelling unit is located meeting the setback requirements of Section 9-3.2-1, "Schedule of Bulk Requirements," B.R.C. 1981, unless a variance to the setback is granted pursuant to Section 9-3.6-2, "Variances and Interpretations," B.R.C. 1981. (3)The occupancy of the accessory dwelling unit does not exceed two persons, and the occupancy of the detached dwelling unit including the accessory dwelling unit does not exceed two persons unrelated to the head of the household by marriage, adoption,or blood up to the second degree of consanguinity. (4)The detached dwelling unit is not also used for the renting of rooms pursuant to Section 9-3.2-8, "Occupancy of Units," B.R.C. 1981. (5)In the LR-D, LR-E, ER-E, RR-E, RR1-E, A-E, or P-E zoning districts, no more than ten percent of the single-family lots or parcels in a neighborhood area contain an accessory dwelling unit. For the purpose of this paragraph: (A)The "neighborhood area" in LR-E, LR-D, and P-E zoning districts is the area circumscribed by a line three hundred feet from the perimeter of the lot line within which any accessory dwelling unit will be located. (B)The "neighborhood area" in ER-E, RR-E, RR1-E, and A-E zoning districts is the area circumscribed by a line six hundred feet from the perimeter of the lot line within which any accessory dwelling unit will be located. (C)For the purpose of calculating the ten percent limitation factor, a legal, non- conforming structure containing two or more units, and any structure that contains at least two dwelling units for which at least one rental license has been issued pursuant to Chapter 10-3, "Rental Licenses," B.R.C. 1981, is counted as an accessory dwelling unit. The city manager may promulgate regulations defining additional methods to be used in calculating the ten percent limitation factor and the neighborhood area. (6)The accessory dwelling unit is clearly incidental to the principal dwelling unit and meets the following criteria: (A)The accessory dwelling unit is created only in a single-family detached dwelling unit on a lot of 6,000 square feet or more. (B)The principal structure is 1,500 square feet or more, excluding garage space. (C)The accessory dwelling unit does not exceed one-third of the total floor area of the principal structure, unless a variance is granted pursuant to Section 9-3.6-2, "Variances and Interpretations," B.R.C. 1981, or 1,000 square feet, whichever is less. (D)The accessory dwelling unit utilizes only those utility hookups and meters allotted to the detached dwelling unit. (E)The accessory dwelling unit is created only through internal conversion of the principal structure. Minor exterior changes may be made on the building, however, if the square footage added 0 0 constitutes no more than five percent of the principal structure's existing foundation area. (F)If there is an interior connection between the accessory dwelling unit and the principal dwelling prior to the creation of the accessory dwelling unit, the connection shall be maintained during the life of the accessory dwelling unit. Any additional entrance resulting from the creation of an accessory dwelling unit may face the side of the lot fronting on the street only if such entrance is adequately and appropriately screened in a manner that does not detract from the single-family appearance of the principal dwelling. (7)No permit for an accessory dwelling unit shall be granted for a detached dwelling that is not at least five years old. (b)Application: All applicants for accessory dwelling units shall apply on forms provided by the city manager showing how and in what manner the criteria of subsection (a) of this section are met, provide a list of all property owners within three hundred feet of the boundaries of the applicant's property, provide a statement of current ownership and a legal description of the property, and pay the application fee prescribed by Section 4-20-43, "Land Use Regulation Fees," B.R.C. 1981. After receiving an application, the city manager will post the property and notify, by first class mail, all property owners within three hundred feet of the boundaries of the applicant's property indicating that an accessory dwelling unit permit application has been filed and that more detailed information may be obtained from the planning department. Failure to provide such notice, however, does not affect the validity of any permit subsequently granted. (c)Review and Approval: All applicants for accessory dwelling units shall meet the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981, but the city manager will issue only a thirty -six-month rental license for the rental unit and will conduct an inspection of the property to ensure compliance with the standards and criteria of this section. (1)If after reviewing the application, but no fewer than ten days after posting of the property, the city manager determines that the criteria of this section and the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981, are met, the manager will grant the applicant a non -transferable permit for the use of an accessory dwelling unit within the applicant's detached dwelling unit. (2)Before receiving the permit, all owners shall sign a declaration of use, including all the conditions for continued use, to be recorded in the office of the Boulder County Clerk and Recorder to serve as actual and constructive notice of the legal status of the owners' property. (3)If the application is denied, the applicant may appeal the manager's decision to the planning board by delivering a written notice of appeal to the city manager within fourteen days of the decision. (4)The city council may call up any decision of the planning board that grants an applicant an accessory dwelling unit pursuant to the procedures in Subsection 9-4-3(c), B.R.C. 1981. (d)Permit Required: No person shall maintain an accessory dwelling unit without an accessory dwelling unit permit. (e)Expiration and Revocation of Permit: An accessory dwelling unit permit granted by the city manager or planning board automatically expires one hundred eighty days after the date on which it is granted unless a rental license for the unit is obtained within such period. The manager may grant an extension of this period for good cause shown, but only if application therefor is made prior to the expiration of the period. After revocation or expiration of the accessory dwelling unit permit, the city manager will inspect the property to ensure that the accessory dwelling unit has been removed. (1)An accessory dwelling unit permit expires upon the failure of the permittee to satisfy any condition prescribed by subsection (a) of this section or upon the sale, conveyance, or transfer of the property upon which the unit is located. (2)An accessory dwelling unit permit may be revoked by the city manager upon the permittee's or the permittee's tenant's conviction of a violation of this ordinance or any provision of Chapters 6-2, "Weed Control," 6-3, "Garbage," or 10-11, "Signs" or Sections 6-1-17, "Animals as Nuisance Prohibited" or 5-6-2, "Excessive Sound Levels," B.R.C. 1981. (3)Upon notification of permit expiration or revocation, the permittee may request a hearing as provided in Chapter 1-3, "Quasi -Judicial Hearings," B.R.C. 1981. Within thirty days of revocation or expiration of a permit, no owner shall fail to remove the accessory dwelling unit and return the property to its single-family use status as a single dwelling unit. (4)Upon revocation of a permit, the owner may not reapply for an accessory dwelling unit permit for any location in the city for a period of three years following the date of revocation or conviction. (f)Accessory Dwelling Unit Will Not Become a Non -Conforming Use: If the provisions of this section are repealed by this or any future city council, the legal use of an accessory dwelling unit must be terminated within five years from the date of repeal, and the accessory dwelling unit will not become a non -conforming use. Ordinance Nos. 5656 (1994); 5971 (1998). 9-3.4-130wner's Accessory Unit. (a)Standards: An owner or the owners of a lot or parcel with an existing single-family dwelling unit may establish and maintain an owner's accessory unit within the principal structure of the detached dwelling unit, or within an accessory structure meeting the size restrictions described below, on a lot or parcel in the MXR-E district if all of the following conditions are met and continue to be met during the life of the owner's accessory unit: (1)The detached dwelling unit or the owner's accessory unit itself is actually and physically occupied as a principal residence by at least one owner of record, of the lot or parcel upon which the detached dwelling unit and owner's accessory unit is located, who possesses at least an estate for life or a fifty percent fee simple ownership interest. (2)In addition to the parking required in each district, one paved off-street parking space is provided on the lot upon which the detached dwelling unit is located meeting the setback requirements of Section 9-3.2-1, "Schedule of Bulk Requirements," B.R.C. 1981, unless a variance to the setback is granted pursuant to Section 9-3.6-2, "Variances and Interpretations," B.R.C. 1981. 0 • (3)The occupancy of the owner's accessory unit does not exceed two persons. The occupancy of the detached dwelling unit including the owner's accessory unit does not exceed the occupancy requirements set forth in Section 9-3.2-8, "Occupancy of Units," B.R.C. 1981, for one dwelling unit. (4)The owner's accessory unit is clearly incidental to the principal dwelling unit and meets the following criteria: (A)The owner's accessory unit is created on a lot of 6,000 square feet or larger, which contains only one detached single-family dwelling. (B)If the owner's accessory unit is located within the detached dwelling unit, the principal structure is 1,500 square feet or more in size, excluding garage space. (C)The owner's accessory unit does not exceed one-third of the total floor area of the principal structure, unless a variance is granted pursuant to Section 9-3.6-2, "Variances and Interpretations," B.R.C. 1981, or 1,000 square feet, whichever is less. (D)If there is an interior connection between the owner's accessory unit and the principal dwelling prior to the creation of the owner's accessory unit, the connection shall be maintained during the life of the owner's accessory unit. Any additional entrance resulting from the creation of an owner's accessory unit, within the principal building, may face the side of the lot fronting on the street only if such entrance is adequately and appropriately screened in a manner that does not detract from the single-family appearance of the principal dwelling. (E)The following design standards apply to owner's accessory units in a detached accessory structure: (i)If garage doors are placed on the unit, they shall be single -car doors (no two -car -wide doors). (ii)All units shall be designed to have a pitched roof of 6:12 or greater. No flat roofs or lower pitched roofs shall be permitted unless consistent with the architecture of the • 0 existing house on the property. (iii)Maximum height of accessory buildings with an owner's accessory unit shall not be greater than twenty feet unless the roof pitch is greater than 8:12 and the resulting ratio of the height of the roof (measured from the eave line to the top of the roof) to the height of the side walls (measured from the low point of grade to the eave line)is less than a 1:2 ratio. In no case may a building be taller than twenty-five feet. open unit. porches, above (iv)An owner's accessory unit shall have a minimum of 60 square feet of private space provided for the exclusive use of the occupants of the owner's accessory Private open space may include porches, balconies or patio areas. Decks, patios, terraces, and stairways, located at a height greater than thirty inches grade, shall be considered part of the building coverage. (v)Architectural design and materials shall be consistent with the existing residence on less than the site or the adjacent building(s) along the side yards of the lot. (vi)Setbacks shall comply with accessory building setbacks. (vii)The owner's accessory unit is in a building that has a building coverage of 500 square feet and the owner's accessory unit does not exceed 450 square feet. (b)Application: All applicants for owner's units shall apply on forms provided by the city manager showing how and in what manner the criteria of subsection (a) of this section are met, provide a statement of current ownership and a legal description of the property, and pay the application fee prescribed by Section 4-20-43, "Land Use Regulation Fees," B.R.C. 1981. (c)Review and Approval: All applicants for owner's accessory units shall meet the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981, but the city manager will issue a thirty -six-month rental license for the rental unit and will conduct an inspection of the property to ensure compliance with the standards and criteria of this section. (1)If after reviewing the application, but no fewer than ten days after posting of the property, the city manager determines that the criteria of this section and the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981, are met, the manager will grant the applicant a non -transferable permit for the use of an owner's accessory unit. (2)Before receiving the permit, all owners shall sign and record, in the office of the Boulder County Clerk and Recorder, a declaration of use, including all conditions for continued use, in a form approved by the city manager that provides notice to all future purchasers of the property that the use and occupancy restrictions outlined in this section will apply to this property. Such declaration of use shall serve as actual and constructive notice of the legal status of the owner's property. (3)If the application is denied, the applicant may appeal the manager's decision to the planning board by delivering a written notice of appeal to the city manager within fourteen days of the decision. (d)Permit Required: No person shall maintain an owner's unit without an owner's unit permit. (e)Variance of Building Coverage: The city manager may grant a variance to the building coverage requirements of subparagraph 9-3.4-13(a)(4)(E)(vii), B.R.C. 1981, upon finding that the following conditions are met: (1)The owner's accessory unit is created in a building that was legally in existence prior to June 3, 1997; and (2)A reduction in the building footprint size of the existing building to conform to the 500-square-foot limitation would create a substantial hardship for the applicant. (f)Expiration and Revocation of Permit: An owner's accessory unit permit granted by the city manager or planning board automatically expires one hundred eighty days after the date on which it is granted unless a rental license for the unit is obtained within such period. The manager may grant an extension of this period for good cause shown, but only if application therefor is made prior to the expiration of the period. After revocation or expiration of the permit, the city manager will inspect the property to ensure that the kitchen, bathroom, and any other improvements necessary to return the structure to a conforming • • use have been removed. (1)An owner's accessory unit permit expires upon the failure of the permittee to satisfy any condition prescribed by subsection (a) of this section. (2)An owner's accessory unit permit may be revoked by the city manager upon the permittee's or the permittee's tenant's conviction of a violation of this ordinance or any provision of Chapters 6-2, "Weed Control," 6-3, "Garbage," or 10-11, "Signs" or Sections 6-1-17, "Animals as Nuisance Prohibited" or 5-6-2, "Excessive Sound Levels," B.R.C. 1981. (3)Upon notification of permit expiration or revocation, the permittee may request a hearing as provided in Chapter 1-3, "Quasi -Judicial Hearings," B.R.C. 1981. Within thirty days of revocation or expiration of a permit, no owner shall fail to remove the improvements necessary to return the property to its single-family use status. (4)Upon revocation of a permit, the owner may not reapply for an owner's accessory unit permit for any location in the city for a period of three years following the date of revocation or conviction. (g)Owner's Accessory Unit Will Not Become a Non -Conforming Use: If the provisions of this section are repealed by this or any future city council, the legal use of an owner's accessory unit must be terminated within five years from the date of repeal, and the owner's unit will not become a non -conforming use. Ordinance Nos. 5971 (1998); 6093 (1999). 0 Accessory Units Model Ordinance from State of Washington Model Accesses Owelling Unit Ordinance Recommendations Washington State Department of Community, Trade, and Economic Development, January 1994 Definitions. An Accessory Dwelling Unit (ADU) is a habitable living unit that provides the basic requirements of shelter, heating, cooking, and sanitation. [Com- ment. The Uniform Building Code (UBC) Sec. 1207 U 1208 lists minimum room si=es for an efficiency unit. The jurisdiction could set up maximum areas in the Standards and Criteria below, if it so desired.) Purpose and Intent A. The installation of an ADU in new and existing single-family dwellings (herein- after principal units) shall be allowed in single-family zones subject to specific development, design, and owner -occupancy standards. B. The purpose of allowing ADUs is to: 1. provide homeowners with a means of obtaining, through tenants in either the ADU or the principal unit, rental income, companionship, security, and services; 2. add affordable units to the existing housing; 3. make housing units available to moderate -income people who might other- wise have difficulty finding homes within the (city/county); 4. develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle; and 5. protect neighborhood stability, property values, and the single-family resi- dential appearance of the neighborhood by ensuring that ADUs are installed under the conditions of this ordinance. Standards and Criteria A. ADUs shall meet the following standards and criteria: 1. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and anv other applicable codes. When there are practical difficulties involved in carrying out the provisions of this ordinance, the (building official) may grant modi- fications for individual cases: [Comment: Construction shall conform to all codes which are required for any new construction.] 2. Certification by the (city/county) Health Department that the water supply and sewage disposal facilities are adequate for the projected number of residents must be provided to the building official. [Comment: More applicable in rural areas for septic and wells. It is actually covered by No. 1 above.] 3. Any additions to an existing building shall not exceed the allowable lot coverage or encroach into the existing setbacks. [Comment: Planning ordinance already in place in most jurisdictions.] 4. The ADU maybe attached to, or detached from, the principal unit. [Comment: Jurisdictions need to survey their existing housing stock and neighborhood stan- dards to determine where and how ADUs would best fit their housing needs. This would allow the most diversity of choice and honor the uniqueness of each site.] 5. Only one ADU may be created per residence in single-family zones. Multiple detached ADUs may be created in (agricultural) zones, if one of the occu- pants of each unit is employed by the property owner. [Comment: The first sentenceis to "maintain single-family appearance." The second sentence is appropri- ate in agricultural zones.] 78 • • 6. The property owner, which shall include title holders and contract purchas- ers, must occupy either the principal unit or the ADU as their permanent residence, but not both, for at least [enter number] months out of the year, and 1:4k" at no time receive rent for the owner -occupied unit. [Comment: Owner - occupied units are better maintained, and therefore the neighborhood will be better maintained. If the owner has to live on site for more than six months out of the year, they could not own more than one ADU. This would eliminate speculators/develop- ers from developing duplexes throughout an area under the guise of calling them ADUs.] 7. An ADU may be developed in either an existing or a new residence. [Com- ment: This would allow new home builders to plan ahead for "mother-in-law" type units and thus save money now and time and inconvenience later.] 8. In no case shall an ADU be more than 40 percent of the building's total floor area, nor more than 800 square feet, nor less than 300 square feet, nor have more than two bedrooms, unless in the opinion of the [building official], a greater or lesser amount of floor area is warranted by the circumstances of the particular building. [Comment: The existing structure. the lot size, or the jurisdic- tion will determine ADU's size.] 9. The ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. [Com- ment: To maintain single-family appearance. This is a subjective evaluation and unless specific design standards are adopted by the jurisdiction, this may be difficult to consistently apply.] 10. The primary entrance to the ADU shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the principal unit. [Comment: The second entrance is located this way to maintain single-family appearance with an attached ADU. Less restrictive than "no second entry on the street side of the principal unit," but it allows for site restriction that may make a side or rear entry impossible.] 11. One off-street parking space, in addition to that which is required by the ordinance for the underlying zone, shall be provided or as many spaces deemed necessary by the [building official] to accommodate the actual number of vehicles used by occupants of both the primary dwelling and the ADU. Parking spaces include garages, carports, or off-street areas reserved for vehicles. [Comment: Parking requirements may vary from jurisdiction to jurisdiction depending on density of neighborhood, existing neighborhood standards, etc. Other parking options include more than one additional space, tandem parking, or allowing on -street parking.] 12. In order to encourage the development of housing units for people with disabili- ties, the [building official] may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC. [Comment: This is an accessibility issue.] Grandfathering Option 1. ADUs created prior to [date] shall be registered with the [building official] for inclusion into the Certificate of Occupancy Program. Application for registration must contain the name of the owner, the address of the unit, the floor area of the two dwelling units, a plot plan of the property, evidence of the date of establishment of the unit, evidence of the use for the six-month period prior to the application for registration, and a signature of the owner. [Comment: This provision would allow the building official to verify the compliance of the ADU to the codes and to require changes as necessary.] Option 2. Ignore. [Comment: It would be difficult and very time consuming to determine under which codes the ADU was originally constructed.] '9 • 0 Application Procedure A. Application for a building permit for an ADU shall be made to the [building official] in accordance with the permit procedures established in Section [enter number] and shall include: 1. A letter of application from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences [for [enter number] months out of each year]. [Comment: This is an owner -occupancy requirement. Limits the owner from "living" in several units at the same time.] 2. The registration form or other forms as required by the [building official] shall be filed as a deed restriction with the [county] Department of Records and Elections to indicate the presence of the ADU, the requirement of owner - occupancy, and other standards for maintaining the unit as described above. [Comment: This is for optional use if the owner -occupancy requirement is adopted.] 3. The [building official] shall report annually to the [council] on ADU registra- tion, number of units and distribution throughout the [city/county], average size of units, and number and type of complaint and enforcement -related actions. [Comment: This is a local jurisdiction option. This provides a tracking mechanism on the number of ADUs to determine if changes to the ordinance are needed.] 4. Cancellation of an ADU's registration may be accomplished by the owner filing a certificate with the [building official] for recording at the [city/county] Depart- ment of Records and Elections or may occur as a result of enforcement action. 5. This ordinance shall take effect and be in force five days after passage and legal publication. [Comment: This is a local jurisdiction option.] SMTEGY3 a. MIXENJIi`1:RHUM1NGS Kennebunk. Maine. Provisions for Mixed -Use Development Part D. Mixed Uses and Nonresidential Uses Section 16. Mixed Residential and Commercial Uses. Residential and commercial uses may be combined on a single lot in any district, provided that: A. The uses are only those allowed within the district in which the lot is located; and B. Unless otherwise specifically stated within the district regulations, each of the uses shall individually meet the space and bulk standards set forth in the district; and C. Unless otherwise specifically stated within the district regulations, each of the uses shall individually meet the off-street parking requirements of this article; and D. Any signs comply with the standards for signs set forth in this article. San Diego, California, Live/Work Units Section 101.0570 — Live[Work Quarters (Lofts) A. Purpose and Intent. The purpose of this Section is to provide for and make feasible the reuse of existing commercial and industrial buildings for joint live/ work quarters as contemplated by Section 17958.11 of the Health and Safety Code. Live, work quarters in the Citv of San Diego are intended to be occupied by artists. artisans, and similarly situated individuals. B. Definitions 1. artist. One whose works are subject to aesthetic criteria. An individual who practices one of the fine arts, who works in one of the performing arts or whose trade or profession requires a knowledge of design, drawing, painting, etc. 80 • ORDINANCE NO. 1 (Series of 1990) • -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' ASPEN AMENDING THE MUNICIPAL LAND USE CODE AS FOLLOWS: REPEAL ARTICLE 5, DIVISION 7 OF CHAPTER 24, HOUSING REPLACEMENT PROGRAM AND REPLACE IT WITH A NEW CHAPTER 18 RESIDENT MULTI -FAMILY HOUSING REPLACEMENT PROGRAM; AMEND SECTION 8-104 (A) (1) (a) (1) , (4) AND (c) GROWTH MANAGEMENT QUOTA SYSTEM EMEMPTION BY PLANNING DIRECTOR; AMEND ARTICLE 3 DEFINITIONS; AMEND SECTION 5-508 (A) ACCESSORY DWELLING UNITS; AND AMEND SECTION 7-106-1 (A) (1) (c) CONDOMINIUMIZATION. WHEREAS, the City Council has determined that, as a result of unremitting market pressure to redevelop residential properties as housing for tourists and second home owners, large portions of the existing inventory of single-family, duplex and multi -family dwellings in the City are threatened with demolition and extinction, which in turn produces a serious depletion in the stock of affordabld housing in Aspen, resulting in the permanent displacement of individuals and families who are 'an integral part of the Aspen community and workforce=irrevocably changing the character of existing neighborhoods which have traditionally been comprised of a broad mix of housing types, including owned and rental units affordable by working residents; and WHEREAS, the preservation of the stock of affordable housing and/or providing for its replacement within established neighborhoods will promote the long-standing community goals of insuring a socially and economically balanced community, thereby avoiding an imbalance between Aspen as a resort and Aspen as a community, ensuring the continued viability of Aspen -area f businesses, preventing overcrowding which results from an inadequate supply of affordable housing, reducing the number of local. employees forced to make the long and often dangerous commute on State__Highway 82, and mitigating the adverse energy and air p 1Jutlon imtiacts of f such commuting; and WHEREAS, the City Council has determined that the expansion of commercial activity in Aspen and, as a consequence, the increased demand for employees, is a direct result of the increased production of residential dwelling units devoted to tourist and second home use. A large portion of that increased production results from the conversion of workforce housing to second homes and from the construction of w se vacant lots. Because of exemptions from growth management competition, virtually none of such second home development has been required to mitigate affordable housing impacts. Thus, the conversion of existing workforce housinct to second homes not only results in d�spl acement- of working residents, but at the same time increases the demand for services and commercial activity, thereby increasing the workforce required in order to provide those services and to support those activities. As the permanent and transient workforce continues to increase, the supply of affordable housing is steadily decreasing; and WHEREAS, the City Council has determined that the Aspen Land Use Regulations do not presently -provide adequate impact mitigation standards for the review of residential development applications for the new development or redevelopment of land for single-family and duplex units or for the demolition and reconstruction of multi -family dwelling units; and 2 WHEREAS, the City Council has determined that the most equitable method of providing for the mitigation of the aforementioned negative impacts is to amend the GMQS exemption requirements for single-family and duplex structures and, with respect to multi -family structures which have historically been used as housing for working residents, to require that no less than 50% of the square footage of net residential area demolished and no less than 50% of the bedrooms demolished be replaced and restricted as affordable housing, as more particularly described herein; and WHEREAS, the regulations contained here are intended to alleviate the adverse impacts identified above in concert with other regulations which together form a balanced- and_ comprehensive program to assure an adequate suppl`affordabl-s. housing. The program is balanced in the sense that the public costs are allocated as fairly and broadly as possible and the M� program is comprehensive in the sense that it addressees all of the affordable housing needs of the community; and N WHEREAS, the City Council has determined that there is a direct correlation between the extent of the mitigation required (i.e., the construction of an accessory dwelling unit, the payment of an impact fee or the replacement of demolished multi- family units) and the benefits and privileges conferred upon the applicant for a permit to construct or substantially enlarge a single-family or duplex unit or to demolish a multi -family structure; and 3 WHEREAS, the City Council has determined that the owners of property subject to the provisions hereof will not be precluded by the application of this regulation from making_ profitable use of their property, and that the regulations contained herein represent a rational attempt to accommodate and balance the conflicting interests of assuring an adequate supply of affordable housing while also assuring that property owners will enjoy a fair return on their investment; and �-V EREAS, the mitigation requirements of this regulation are substantially related to a legitimate state interest, tQ-wit: the assurance of an adequate supply of affordable housing for the benefit of working residents, local businesses and the community at large; and the provisions of this regulation will substantially and directly serve to promote that state interest; and WHEREAS, the City Council has determined, on the basis of planning studies and empirical analysis, that the development or redevelopment activities regulated hereunder have created the need for the mitigation measures required by this regulation; and WHEREAS, the City Council has determined, on the basis of planning studies, the needs assessment analysis conducted by the Aspen/Pitkin County Housing Authority, and other empirical data, that any new housing produced as a result of the mitigation requirements hereof will be occupied by working residents who would otherwise not be able to secure housing in the Aspen area as a result of market conditions; and 4 WHEREAS, the regulations contained herein are adopted hereby in direct response to the problems identified in Ordinance 58, Series of 1989, which extended the administrative delay on duplex and multi -family demolition until February 27, 1990; and WHEREAS, the Aspen Planning and Zoning Commission held a work session on November 14, 1989 and held duly noticed public hearings on November 28, December 5 and December 12, 1989 to consider the issues addressed herein and to make recommendations to the City Council. Those recommendations were contained in Planning Commission Resolution 16, Series of 1989, and were considered by the City Council in the adoption of this ordinance; and WHEREAS, the City Council has held meetings on December 21, 1969 and January 8, 1990 to discuss the regulations contained herein and has held duly noticed public hearings on January 22, 1990 and February 12, 1990. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 That Article 5, Division 7 Housing Replacement Program is hereby repealed and a new Chapter 18 of the Municipal Code entitled "Resident Multi -Family Housing Replacement Program", is hereby adopted to read -as follows: Chapter 18 Resident Multi -Family Housing Replacement Program INDEX R • • -w I. Introduction Section 18-1.1 Section 18-1.2 Title Purpose and Intent II. Application of Chapter III. General Provisions Section 18-3.1 Definitions Section 18-3.2 Certificate of Compli-nce/Exemption Section 18-3.3 Housing Replacement Requirements IV. Affordable Housing Fund V. Rental and Resale Restrictions I. Introduction Section 18-1.1. Title This regulation shall be called and may be referred to as the "Resident Multi -Family Housing Replacement Program" or the "Replacement Program". Section 18-1.2. Purpose and Intent. The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types, including those which are affordable by its working residents. However, because of Aspen's attractiveness as a resort environment, and because of the physical constraints of the upper Roaring Fork Valley, there is constant pressure for the redevelopment of dwellings, which now provide resident housing, for tourist and second home use. Such redevelopment results in the displacement of individuals and families who are an integral part of the Aspen work force. Given the extremely high cost of and demand for market -rate housing,. resident housing opportunities for displaced working residents, which are now minimal, will continue to decrease. Preservation of the housing inventory and provision of dispersed housing. opportunities in Aspen have been long- standing planning. goals of the community. Achievemc-itof these goals will serve to promote a sociall1 and economically balanced community, limit the number of individuals who face a long and sometimes dangerous commute on State Highway 82, reduce the air pollution effects of commuting and prevent exclusion of working residents from the City's neighborhoods. R In its Housing Master Plan, the City has established a goal that affordable housing for working residents be provided by both the public and private sectors. The City, through its housing designee, has provided affordable housing both within and adjacent to the City limits. The private sector has also provided affordable housing through the GMQS process. Nevertheless, as a result cf the replacement of resident housing with second homes and tourist accommodations, and the steady increase in the size of the workforce required to assure the continued viability of Aspen area businesses and Aspen's tourist based economy, the City has found it necessary, in concert with other regulations, to adopt limitations on the demolition of existing multi -family housing in order to minimize the displacement of working residents, to insure that the private sector maintains its role in the provision of resident housing, and to prevent a housing shortfall from occurring. II. Application of Chanter This Chapter shall apply to the demolition of any resident multi -family housing (11RMF Housing") , as defined herein., in the City of Aspen or when two or more ownerships of land, each of which contains one or more detached residential or duplex units, is merged or otherwise combined into a project for the purposes of demolition and reconstruction of the units, excluding any parcel consolidated as a Specially Planned Area (SPA). No owner shall cause the demolition of any RMF Housing unit without first obtaining a Certificate of Compliance or a Certificate of Exemption in accordance with the provisions of this Chapter. The Building Department shall not issue a permit for the demolition of any multi -family dwelling unit unless the owner has obtained and presented to the Building Department either a Certificate of Compliance or a Certificate of Exemption issued in accordance with this Chapter. Any RMF Housing unit which is ordered to be demolished by any public agency, including the City, as a result of damage caused by civil commotion or natural disaster shall not be subject to the terms of this Chapter. A certificate of' compliance or a certificate of exemption shall be issued by the City's Housing Designee only after the owner has bomplied with the provisions hereof. This Chapter shall not apply to the demolition or converted use of any RMF Housing unit owned by the City of Aspen the Aspen/Pitkin County Housing Authority, or any public development authority. 7 III, General Provisions Section 18-3.1. Definitions (a) "Resident multi -family housing" and/or "resident multi -family housing unit" shall mean any multi- family dwelling unit, as defined in Section 3-101 of the Aspen Land Use Regulations, which has historically been occupied by working residents. RMF Housing does not include a single-family or duplex dwelling unit or any multi -family dwelling unit which has been exclusively utilized as a tourist accommodation or occupied by an owner who does not meet the definition of a working resident since the time of its initial occupancy. (b) "Housing Replacement Agreement" shall mean the agreement between the City and the owner on forms to be provided by the City which contain the terms by which such owner shall be deemed in compliance with this Chapter. (c) "Net residential area" shall mean the total number of square feet of living space in a building based upon the interior dimensio:.s of each dwelling unit within such building and excluding stairwells, halls, lounges, and other common areas. (d) "Owner" shall mean any person, firm, partnership, association, joint venture, corporation, or change of use of any affordable housing unit. The word "owner" shall also include agents and other persons acting on the owner's behalf. (e) "Rented" or "rental" shall refer to occupancy of an affordable housing unit pursuant to a lawful rental agreemen-z:, either oral or in writing. Section 18-3.2. Certificate of Compliance/Exemption. Any owner, as a condition of receiving a permit from the Building Department for the purpose of demolishing or enlarging any multi -family dwelling unit, must first obtain a Certificate of Compliance with the provisions of this Chapter, or a Certificate of Exemption from the requirements of this Chapter. (a) Certificate of Compliance. In order to obtain a certificate of compliance, the owner must: (1) Submit to the housing designee a statement, on a form to be provided by the City, certifying the number of RMF Housing units and bedrooms to be lost as a result of demolition and the net residential area to be lost by the demolition. 8 E (2) Where required, secure necessary land use approvals and permits for the replacement housing to be built on the site of the demolished or enlarged building or on such other location as may be approved. (3) Execute a Housing Replacement Agreement setting forth the terms and conditions upon which replacement housing will be provided and either operated or sold, which agreement shall be recorded in the records of the Clerk and Recorder of Pitkin County. The obligation to provide replacement housing as set forth in the agreement shall be secured by a bond, letter of credit, or other security acceptable to the City. (b) Certificate of Exemption. In order to obtain a certificate of exemption, the owner must submit a statement certifying that the dwelling unit is exempt from the provisions of this Chapter, the basis upon which exemption is claimed, and such additional documentation as may be required by the housing designee in order to establish the exemption. If the housing designee is satisfied that the dwelling unit is exempt from the provisions of this Chapter, a certificate of exemption shall be issued. (c) Appeals. Any person aggrieved by a decision of the housing designee in the administration of this Chapter may appeal such decision to the Aspen City Council. Section 18-3.3. Housing Replacement Requirements. (a) Minimum replacement requirement. In the event of. the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than 50% of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace 50% of the bedrooms that are lost as working resident housing by demolition. A minimum of 50% of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of Section V, below. (b) Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on -site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances 9 results, the owner shall replace the maximum number of units on -site which the City Council determines that the site can accommodate and may replace the remaining units off -site, within the City of Aspen or the Aspen Annexation Area, as defin-d within the Aspen Area Comprehensive Plan: Annexation Element, 1988. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only. (c) Timing and Quality of replacement unit. Replacement units shall be available for occupancy at zhe same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. When replacement units are proposed to be built off -site, the owner shall be required to obtain a development order approving the off -site development prior to or in conjunction with obtaining a development order approving redevelopment or the site on which demolition is proposed to take place. IV. Rental and Resale Restrictions Replacement units shall be subject to deed restriction in a form and substance acceptable to the City Council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the City's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the City's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate and middle. income, or resident occupied, may be determined by the owner, provided that no less than 20% of the bedrooms qualify as low income and no more than 20% of the units are available as resident occupied units. Section 2 That Article 8, Sec. 8-104 (A) (1) (a) (1) & (4) & (c) Growth Management Quota System Exemption by Planning Director be amended to read as follows: Sec. 8-104 (A) (1) (a) Remodeling restoration, or reconstruction of existing building. (1) The remodeling, restoration or reconstruction of an existing commercial, lodge or multi -family building which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or 10 involve a change of use. No bandit unit shall be remodeled, restored or reconstructed unless it has first been legalized pursuant to Section 5-510. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. (4) Replacement of demolished multi -family, residential units shall be subject to the requirements of 2rr?-e the Housing Replacement-14aut.�i-n"g Program. (5) The remodeling, restoration or expansion of existing single-family or duplex dwellings. _ Sec. 8-104 (A) (1) (c) Detached single-family or duplex dwelling unit. The construction of one (1) or two (2) detached residential units or a duplex dwelling on a vacant lot which was subdivided or was a legally described parcel prior to November 14, 1977, which complies with t,e provi-sions of Section 7-1004 (A) (5) or to replace after demolition one (1) or two (2) detached residential units or a duplex dwelling. This exemption shall not be applied to anv lot for which anv other development allotment is currently being sought or is approved. This exemption shall only apply if: (1) Single-family option: the applicant provides an accessory dwelling unit, Days the applicable affordable housing impact fee or provides a resident occupied deed restriction on the single-family dwelling being constructed. All of these options are at the property owner's discretion; (2) Duplex option: the applicant provides one free market/one resident occupied unit, the resident occupied unit shall be a minimum of 1500 s.f.; two free market, with one accessory dwelling unit,the accessory dwelling unit must be a minimum of 600 s.f.; two resident occupied units; or pays the applicable affordable housing impact fee. These options are at the property owner's discretion. Section 3 That Article 5 of Chapter 24 of the Aspen Municipal code is hereby amended by the addition of a new Division 7, entitled "AFFORDABLE. HOUSING IMPACT FEE", to read as follows: Division 7: AFFORDABLE HOUSING IM`?ACT FEE Section 5-701. Applicability The provisions of this Division 7 shall apply in the calculation of the affordable housing impact fee required in Section 8-104(A). Section 5-702. Calculation of Affordable Housinct Impact Fee The amount of the affordable housing impact fee is based upon the public cost to provide affordable housing as a result of the activity for which the fee is required. The formula shall utilize the cash -in -lieu payment established from time to time by the Aspen/Pitkin County Housing Authority for moderate income employees and the square footage of new floor area constructed as a result of the demolition of a single family or duplex dwelling unit or the construction of a new single family or duplex dwelling unit on a previously vacant lot (the floor area of a demolished dwelling unit shall be subtracted from the floor area of the replacement dwelling unit). The formula assumes that for every 3,000 square feet of new single family or duplex flcDr area that the public will be required to provide housing for one moderate income employee. The formula to be applied shall be as follows: cash -in -lieu fee for moderate income employees in effect at the time that the affordable housing impact fee is due, divided by 3,000, and times the new square footage. Deferral of Affordable Housing Impact Fee. If the owner of a single-family or duplex unit for which an affordable housing impact fee is due is a qualified working resident, as that term is defined herein, the obligation to pay the impact fee may be deferred, at the owners request, until such time as the dwelling unit is sold to a buyer who is not a qualified working resident. Furthermore, the amount of the impact fee which is deferred shall be adjusted at the time of resale in proportion to the change in value of the subject dwelling unit from the value at the time the obligation for the impact fee was incurred to the value on the date of closing. The value at the time that the impact fee is due shall be determined by the Chief Building Official on the basis of a current appraisal, a reliable opinion of value, assessed valuation, or such other method as deemed appropriate. The value on resale shall be the value of the total consideration paid by the buyer. In no case shall the fee be adjusted downward to an amount less than 25%, or upward to an amount greater than 50%, of the impact fee which was deferred. The obligation for the impact fee and the value of the dwelling unit at the time the obligation is incurred shall be set forth in a written document, signed by the owner or owners of the subject 12 dwelling unit, and recorded in the records of the Pitkin County Clerk and Recorder prior to the issuance of a Certificate of Occupancy. Section 4 Affordable Housing Fund. There currently exists in the office of the City Finance Director and Affordable Housing Fund into which all cash -in -lieu and other payments, contributions or bond forfeitures made pursuant to the Aspen Land Use Regulations as a result of affordable housing requirements are deposited. Any and all funds paid to the City under this ordinance shall also be deposited in the Affordable Housing Fund and shall be used only for costs related to the production of affordable housing within or adjacent to the City of Aspen. Section 5 That Article 3 Definitions shall be amended to include tze following new definitions: "Housing Replacement Program" is a term which refers to the program which is embodied in Chapter 18 and Article 8 (GMQS) Section 8-104.; "Working Resident" is a person who works in Pitkin County a minimum of 30 hours per week, 9 months per year, or who is handicapped based upon the Housing Authority Guidelines, or who is a former working resident who is a senior (60 years or older) or retired and, for the purpose of deferral of housing impacts, must be utilizing the dwelling in question as a primary residence. 13 PROVISIONS FROM ORDINANCE 1, SERIES OF 1990 Amending Article 3 of the Aspen Land Use Regulations: Definitions The definition of Demolition shall be amended to read as follows: Demolition means to tear down completely, to do away with or to raze. For the purposes of this definition a building shall be deemed to be demolished if less than 50 % of the existing primary Am� residential structure remains in place. Renovation shall not be considered demolition. The removal of a dwelling unit in a multi- family structure shall be considered demolition. The definition of Floor Area shall'be amended to read as follows: G. Accessory Dwelling Unit. For the purposes of calculating floor area ratio and allowable floor area for a lot whose principal use,is residential, accessory dwelling units shall be excluded up to a maximum of 250 square feet or 50% of the size of the accessory dwelling unit, whichever is less. This provision only applies to accessory dwelling units which are 100% above natural grade. Section 6 That Article 5, Sect. 5-508 (A) be amended to read as follows: A. Standards. Accessory Dwelling Units shall not be subject to the minimum lot area per swelling unit requirements of Art. 5, Div. 2., but shall be subject to all other dimensional requirements of the underlying zone district. Parking shall not be required if the 14 unit is a studio or on -bedroom unit, but one (1) parking space shall be provided on -site if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two (2) bedrooms in the unit. The Accessory Dwelling Unit shall contain not less than 300 square feet and not more than 850 square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee's guidelines for such units, meet the definition of a Resident occupied Unit and be rented for periods of six months or longer. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing int he Accessory Dwelling Unit. Section 7 That Article 7, Sec. 7-1007(A)(1) be amended as follows: c. Affordable housing impact fee (condom iniumization) _ Section 8 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 15 portions thereof. Section 9 Applicability of this ordinance. Nothing in this ordinance shall be construed to affect any right, duty or liability un-._er any ordinance in effect prior to the effective date of this ordinance, and in the same shall be continued and concluded under such prior ordinances. Furthermore, the provisions of this ordinance shall not apply in the following specific circumstances: a. To the development of any property for which a vested right, as defined by Colorado law, has been obtained prior to the effective date hereof. b. To the construction of any dwelling unit pursuant to a building permit (not including a demolition or excavation permit) which was applied for prior to or on March 16, 1990. C. To the construction of any single family or duplex dwelling unit on a lot, the creation of which was approved pursuant to or which was determined to be exempt form the provisions of the Growth Management Quota System prior to the effective date hereof. Section 10 ordinance. This ordinance shall expire Expiration of this on April 15, 1992 unless City Council takes action prior thereto to continue this ordinance based upon an evaluation of the its effectiveness by the Planning Director. If in 1992, Council decides to eliminate this legislation from the Municipal Code, 16 0 then all deferred impact fees shall be forgiven. Section 11 A Public hearing on the Ordinance shall be held on the ----�7v`� day of / 1990, at 5:00 P.M. in the City Council Chamber`-, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by he City Council of the City of Aspen on the day of 1990. William L. Stirling, Mayor ATTEST: Kathryn Koch, City Clerk F-I ALLY, adopted, passed and approved this o f f ° �`'S�C-� Qc�--L�� - 1990. William L. Stirling, Mayor ATTEST: 1 Kathryn S., Koch, City Clerk housing.rpl.ord.cc.6 17 day =� Mt-� CC` - +•+ 66 Cc co 2 J ( q m .4 ,,, �., �'} \ � - / � L , \ � \� 1 ` ,1 1 � � V ' r 1' � 1 ` f � �L L : _.-•I""-•. `\ � P'+ U U] l• f t I j.� ti �• ' �� ✓� V .� d 7G > m dCo c ro o cz rvpi- 1. J �rr I t 2 �'�� +✓/`r l l JlS 1��.f.!! ' X� t + C -Oi r Q?, 'O •L� O r i0 to y cu .% I MAP � F'_gure 1.