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— Accessory Dwelling Unit Code Amendmerrt
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CASE NUMBER
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CASE NAME
PROJECT ADDRESS
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CASE TYPE
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A117-01
Accessory Dwelling Unit Code Amendments
Chris Bendon
Code Amendments
City of Aspen Community Development Department
12/18/01
Ordinance 46-2001
Approved
12/18/01
J. Lindt
a •
PARCEL ID: DATE RCVD: 12/18/01 # COPIES:
CASE NAME: Accessory Dwelling Unit Code Amendments
PROJ ADDR: CASE TYP: Code Amendments
OWN/APP:ICity of Aspen Comm ADRI 130
REP: ADR:F
FEES DUE: INone
REFERRALS
na Street CIS/Z: Aspen/CO/81611 PHN:
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1 DATE OF FINAL ACTION: 12/18/01
CITY COUNCIL: Ordinance 46-2001
REMARKS PZ:
CLOSED: 1 12/18/01 BY: J. Lindt BOA:
DRAC:
PLAT SUBMITD: PLAT (BK,PG): ADMIN:IApproved
0 9 V111CA
MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: John Worcester, City Attorney
Julie Ann Woods, Community Development Director Of
FROM: Chris Bendon, Senior Planner �m
RE: Accessory Dwelling Unit Amendments (City Initiated)
2"`' Reading of Ordinance No. 46, Series of 2001.
Detached ADU requirement for Growth Management Exemption
ADU Floor Area Amendments
DATE: December 17, 2001
SUMMARY:
The City Council initiated amendments to the City's Accessory Dwelling Unit (ADU)
Program to eliminate the mandatory occupancy and to require growth management
exemptions only be granted for ADUs developed above grade and detached from the
primary residence.
The proposed ordinance accomplishes these desired changes. The amendment affects
the Accessory Dwelling Unit Program, the exemption section of growth management,
and the Floor Area calculation section. Two new definitions have been proposed to
help clarify terms used in the proposed language. Under Main Issues, the primary
aspects of this proposed code amendment have been described.
The Planning and Zoning Commission reviewed this code amendment and
recommended approval by a 7-0 vote. Their Resolution is attached. The Commission
also expressed concern over "buy -down" units. They emphasized a need for the
Housing Authority to determine if any legal impediments exist and to research
association fees before accepting a unit within a free-market complex. They asked
that their comments be forwarded to both City Council and the Housing Authority.
Staff recommends approval of Ordinance No. 46, Series of 2001.
MAIN ISSUES:
Detached & Above Grade AD U Requirement:
The proposed code language requires Accessory Dwelling Units to be both detached
from the primary residence and above grade. This requirement applies to voluntary
ADU's as well as those being developed to exempt a residence from Growth
Management. A Special Review approval would allow an ADU to be attached and/or
partially to fully below grade.
The Special Review procedure requires a public hearing with the Planning and
Zoning Commission, or with the Historic Preservation Commission if the property is
a historic resource. ADU's designed to meet the design standards will continue to be
approved administratively
No amendments to the Special Review criteria are proposed. Staff believes these
criteria are sufficient to review these potential requests.
ADU Floor Area:
Currently, Floor Area incentives are available for two methods of ADU development:
Detached and Mandatory Occupancy - each exempting 50% of the ADU for the
calculation of Floor Area. If an ADU is both detached from the primary residence
and deed restricted to mandatory occupancy, both floor area incentives apply for a
100% exemption.
The proposed code amendment removes the incentive for mandatory occupancy. This
has not been very popular and the few mandatory units approved through this
provision have created enforcement problems for the Housing Authority.
The detached incentive is also removed with this proposed language and replaced
with a 100% Floor Area incentive for units that are condominiumized and sold as
affordable housing units according to the Affordable Housing Guidelines. This is a
concept that has been discussed by the Infill Advisory Group as a means of
encouraging affordable housing in single-family neighborhoods. The concept
provides an incentive of one additional square foot of free-market development for
every one square foot of affordable housing, up to the limiting size of an ADU.
Removing the detached exemption may, however, create some nonconformities and
may also affect property owners with plans to expend their primary residence by use
of the previous exemption. Structures made nonconforming by adoption of this code
language would be unaffected until redevelopment. Redevelopment would need to be
accomplished within the bounds of the code in effect at the time.
Off -Site Unit:
The proposed code language allows an exemption from growth management to be
achieved by deed restricting an existing free-market dwelling as an affordable housing
unit. The "buy -down" concept is one that has been widely sought (as evidenced in
the AACP) as a means of providing affordable housing without creating additional
growth. The proposed language facilitates the private sector buy -down of free-market
units in exchange for the redevelopment exemption of single-family and duplex units.
The purchased unit would need to be within the Infill Area (new definition) and
accepted by the Housing Authority. The Housing Authority Guidelines would dictate
the resale value of the newly deed restricted unit.
2
APPLICANT:
City of Aspen.
PREVIOUS ACTION:
The Planning and Zoning Commission passed Resolution 41, Series of 2001,
recommending approval of this Ordinance. A work session with the City Council,
Housing Board, and Planning and Zoning Commission was held on this topic and
resulted in staff direction to initiate this code amendment.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution the City Council approve, approve with conditions, or deny the
application.
BACKGROUND:
The ADU Program was the topic of a work session between the City Council,
Housing Board, and the Planning and Zoning Commission. The primary concern of
the Boards was the lack of occupancy and the problems associated with mandatory
occupancy units. The City Council directed staff to initiate code amendments to
eliminate the mandatory occupancy provision and require all ADU's that serve as a
GMQS exemption to be built above grade and detached from the primary residence.
STAFF COMMENTS:
Two ADU code amendments are currently being contemplated under separate public
hearings. One is a City -initiated amendment related to land use incentives for future
ADU's and the other is a privately -initiated amendment related to existing mandatory
occupancy ADU's.
These two amendments are being processed simultaneously, but under separate public
hearings. They obviously relate but should remain as separate actions to maintain
proper due process. Staff has aligned the two amendments and no conflicts exist
under any approval/disapproval scenario.
The Planning and Zoning Commission Resolution highlights the proposed changes to
the ADU Program. Gross -eut text is proposed for removal. Underlined text is
proposed for addition. Regular text indicates no changes.
The proposed Ordinance shows plain text, without the highlights, in a ready for
codification manner.
RECOMMENDATION:
Staff recommends adoption of Ordinance No. 46, Series of 2001.
•
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CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 46, Series of 2001."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Planning and Zoning Resolution and Minutes
C:\home\Chris\CASES\ADU—Revisit\CC—MEMO—CITY.doc
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•
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STAFF COMMENTS: Text Amendment
Exhibit A
ADU Program Amendments
City Initiated
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
community benefit of Accessory Dwelling Units. Specific provisions encourage units
providing high quality living as an affordable housing alternative. No aspect of the
proposed code amendment is in conflict with other portions of the Municipal Code.
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 "buy -downs" of existing free-market residences. The
purpose of the ADU Program is to allow interspersed employee housing within existing
neighborhoods 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.
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. The proposed amendments provide certain incentives to
encourage occupancy by local working residents.
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. Special Review allows for variances to the design
standards to be considered under a public hearing and where neighborhood compatibility
is one of the criteria. Staff believes this criterion is met.
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. Encouraging more affordable housing opportunities within
Aspen will likely create more traffic on local streets. This needs to be weighed with the
effects of not providing affordable housing opportunities within Aspen. Staff does not
believe the amount of potential new units represents a safety issue on local roads.
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.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased local housing opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
staff comments page 2
Staff Finding:
Characteristic of traditional towns, and important to Aspen 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.
Disappointment over the low occupancy of these units has created a desire to amend the
program.
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.
staff comments page 3
•
RESOLUTION NO.41
(SERIES OF 2001)
Exhibit B
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, THE GROWTH
MANAGEMENT QUOTA SYSTEM, SECTION 26.470, THE METHOD OF
CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS,
SECTION 26.575.020, AND RECOMMENDING ESTABLISHING DEFINITIONS
FOR "DETACHED STRUCTURE" AND "ASPEN INFILL AREA," SECTION
26.104.100, OF THE LAND USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
Department to propose amendments to the Accessory Dwelling Unit Program provisions
of the land use code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.520, 26.470,
26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the 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, and 26.104.100 of the land use code of the Aspen
Municipal Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the Accessory Dwelling Unit Program on
November 6, 2001, took and considered public testimony and the recommendation of the
Planning Director and recommended, by a seven to zero (7-0) vote, City Council adopt
the proposed Accessory Dwelling Unit Program amendments to the land use code by
amending the text of sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use
code of the Aspen Municipal Code as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 1
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 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, by striking
and adding, denoted by strike and add, language to the Land Use Code as follows:
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.
Detached ADU's emulate a historic development pattern and maximize the privacy
and livability of both the ADU and the primary unit. Detached ADU's are more
likely to be occupied by a local working resident, furthering a community goal of
housing the workforce.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 2
To the extent Aspen desires detached Accessory Dwelling Units which provide viable
and livable housing opportunities to local working residents, detached ADU's qualify
existing vacant lots of record and significant redevelopment of existing homes for an
exemption from the Growth Management Quota System. In addition, detached
ADU's deed restricted to as "For Sale" units, according to the Aspen/Pitkin County
Housing Authority Guidelines, as amended, and sold according to the procedures
established in the Guidelines provide for certain Floor Area
incentives.
26.520.020 General
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and
subordinate in size and character to the primary residence and located on the same
parcel or on a contiguous lot under the same ownership. A primary residence may
have no more than one ADU. An ADU may not be accessory to another ADU. An
detached ADU Gannet may only be conveyed separate from the primary residence as
a "For Sale" Affordable Housing unit to a qualified purchaser-prepewf interest
separate ffemrthe primai3, -ee"^e, pursuant the Aspen/Pitkin County Housing
Authority Guidelines, as amended. an4- Aan 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
Historic Preservation Commission shall approve, approve with conditions, or
disapprove the variation, pursuant to Section 26.-520.080, Special Review.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 3
26.520.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an
Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and to
all Accessory Dwelling Units approved prior to the adoption of
Ordinance No. an, caries of 1990 , Series of 2001.
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 approved4
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. The finished floor height(s) of the ADU shall be entirely above the natural or
finished grade, whichever is higher, on all sides of the structure.
5. The ADU shall be detached from the primary residence. An ADU located
above a detached garage or storage area shall qualify as a detached ADU. No
other connections to the primary residence, or portions thereof, shall qualify
the ADU as detached.
46. An ADU shall be located within the dimensional requirements of the zone
district in which the property is located.
�7. The roof design shall prevent snow and ice from shedding upon an entrance to
an ADU. If the entrance is accessed via stairs, sufficient means of preventing
snow and ice from accumulating on the stairs shall be provided.
6.8. ADUs shall be developed in accordance with the requirements of this title
which apply to residential development in general. These include, but are not
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 4
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.
7.9. All ADUs shall be registered with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 Deed
Restrictions. This standard may not be varied.
26.520.060 Calculations and Measurements
A. Floor Area.
ADU's are attributed to the maximum allowable floor area for the given property on
which they are developed, pursuant to Section 26.575.020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs must contain between 300 and 800 square feet of net livable floor area, unless
varied through a land use review. The calculation of net livable area differs slightly
from the calculation of Floor Area inasmuch as it measures the interior dimensions of
the unit.
26. 520.070 Deed Restrictions and Enforcement.
A. 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. The
owner shall retain the right to select a qualified renter.
A detached and permanently affordable Accessory Dwelling Units qualifying a
property for a Floor Area Exemptions, pursuant to Section 26.575.020(A)(6),
shall be deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a
aualified purchaser, accordinc to the Asnen/Pitkin Countv Housine Authoritv
IRM R.
•
rd
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
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 5
building permit may be accepted. The book and page associated with the recordation
shall be noted in the building permit plans for an ADU.
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26.520.080 Procedure
A. General.
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials, pursuant to Section 26.304.030. In addition, the application shall include
scaled floor plans and elevations for the proposed ADU. The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or
prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with
the requirements of this section may be legalized as an accessory dwelling unit, if it
shall meet the health and safety requirements of the Uniform Building Code, as
determined by the Chief Building Official. No retro-active penalties or assessments
shall be levied against any bandit unit upon legalization.
ADUs require a separate building permit. After a Development Order has been issued
for an ADU, a building permit application may be submitted in conformance with
Section 26.304.075.
B. Administrative Review.
In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the criteria for administrative
approval. If an application is found to be inconsistent with these criteria, in whole or
in part, the applicant may either amend the application, apply for a Special Review to
vary the design standards, or apply for an appeal of the Director's finding pursuant to
Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by
the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 6
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.
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.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 7
0
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,
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, 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),
by striking and adding, denoted by wile and add, language to the Land Use Code as
follows:
Single-family. In order to qualify for a single-family exemption, the applicant
shall have three five (54) options:
a. a. Providing anabove grade, detached Accessory Dwelling Unit
(ADU), pursuant to Section 26.520;
b. Providing an Accessory Dwelling Unit authorized through Special Review
to be attached and/or partially or fully subgrade, pursuant to Section
26.520; or,
c. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 8
d. pPaying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e. Recording a Resident -Occupancy (RO) deed restriction on the single-
family dwelling unit being constructed.
2. Duplex. In order to qualify for a duplex exemption, the applicant shall have
six (6-5) options:
a. a. Providing one free market dwelling unit and one deed restricted
Resident- Occupied (RO) dwelling unit with a minimum floor area of one
thousand five hundred (1,500) square feet; or,
b. b.providing either two above grade, detached
ups Accessory Dwelling Units or and —one above grade, detached
accessory dwelling unit with a minimum floor area of six hundred (600)
net livable square feet, pursuant to Section 26.520; or,
c. Providing either two Accessory Dwelling Units or one Accessory
Dwelling Unit with a minimum of 600 net livable square feet authorized
through Special Review to be attached and/or partially or fully subgrade,
pursuant to Section 26.520; or,
d. Providing an off -site Affordable Housing Unit within the Aspen lnlill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
e. d Pproviding two deed restricted Resident -Occupied (RO) dwelling
units; or
e,.--baying the applicable affordable housing impact fee pursuant to
the Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.104.100, which section
defines terms used in the Land Use Code, by inclusion of the following terms:
Structure, detached. A structure not physically connected in any manner to
another structure, above or below ground, exclusive of utility connections.
Aspen Infill Area. That geographical area of Aspen east of Castle Creek and
south of the Roaring Fork River.
Section 4•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.575.020(A)(6), which
section defines the method in which Floor Area is calculated for Accessory Dwelling
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 9
Units and attributed to the allowable Floor Area for the parcel, by striking and adding,
denoted bystrike and add, language to the Land Use Code 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 as described below.
Detached and permanently affordable AD Floor Area ExemptionBonws.
F One Hundred 100- 0) percent of the Floor
Area of an ADU which is detached from the primary residence and deed
restricted as a "For Sale" affordable housing unit and transferred to a
qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authoritv Guidelines, as amended. h-v a d-ist ^^e of "^'ecs; than te'n ri m
625 square, shall be excluded from the calculation of Floor Area.
•
•
..
Section 5:
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 November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 10
E_
NEw U"AN NEws
Granny flats add flexibility and affordability
In several new urban communities, accessory dwelling units are strong sellers and offer benefits to both home owners
and developers.
Accessory dwelling units (ADUs)
appear under many aliases —
granny flats, garage apartments, car-
riage houses, ancillary units — and
they almost invariably show up on a
checklist of what sets new urban com-
munities apart from conventional sub-
divisions. They are by no means ubiq-
uitous, but developers from diverse
projects report that granny flats have
become a popular amenity and an im-
portant selling point. For an overview
of selected projects with ADUs, along
with financial, regulatory, and other
details on these units, see accompany-
ing New Urban News table.
For some home owners, the most
attractive aspect of ADUs is the po-
tential for extra income from renting
out the unit. Other home owners view
the extra space as a flexible addition
that can be used as a home office, as
lodging for teenage children or eld-
erly family. members, or as a guest
room with great privacy.
From a developer's perspective,
ADUs provide an extra tier of hous-
ing options — affordable units that
can attract people from diverse age
and income groups. Another benefit
is safer and more lively alleys. With
more "eyes on the street," children
and adults are more likely to use the
alley for play and socialization.
HIGHER DENSITY
Moreover, "accessory units are an
easy way to get more people in the
same area and therefore support low
vehicle miles traveled and all of the
good environmental outcomes from
density," says developer Bob
Chapman. "Accessory units offer
density without making the street ap-
pear overbuilt." In the infill project
Trinity Heights, which Chapman is
Accessory dwelling units (ADUs) in selected projects
developing with architect Milton
Grenfell, garage apartments have
been added to 15 of the 24 single
homes. Because Chapman and
Grenfell want to encourage builders
— who generally have no experience
with granny flats — to construct
ADUs, they offer a financial incen-
tive. Instead of charging builders a
per lot fee, the developers ask for 17
percent of the home sale price. For
the ADU upgrade, however, builders
are assessed only 6 percent of the
sales revenue.
Regulations vary on ADUs, but
there are a few ground rules that ap-
ply in most cases. The unit must be
under the same ownership as the
principal building, and there is typi-
cally a requirement for at least one
extra off-street parking space. In most
projects, the units are considered part
of the main house and do not count
Project/
Location
ADUs
built
As % of
all SF'
homes
Average
size
Cost of upgrade
Monthly
rental
Count
toward
density?
Parking
requirements
Where are
ADUs allowed?
Amelia Park/
27
330%
500 sq.ft.
$43,000-$65,000
$600-$750
No
1 off-street pad
All lots
Fernandina Beach, FL
Courtside Village/
50
18%
600 sq.ft.
$35,000 (included
$850-$900
No
1 off-street pad
All detached home
Santa Rosa, CA
in home price)
alley lots
Fairview Village/
50
18%
600 sq.ft.
$20,0001
$500-$700
No
None
All lots (limited to
Fairview, OR
50% of homes)
Highlands Garden
20
40%
425 sq.ft.
$60,000-$65,000
$650-$750
No
1 carport
All detached home lots
Village/ Denver, CO
(limited to 40%)
Hometown Oswego/
5
10%
500 sq.ft
$40,000
None are rented
No
1 off-street pad
All detached home lots
Oswego, IL
(limited to 25%)
Kentlands/
45
4%
600 sq.ft.
$30,000
$900
Yes'
1 off-street space
All lots
Gaithersburg, MD
Orenco Station/
27
15%
400 sq.ft
$40,000-$50,000
$500-$700
Yes
1 off-street space
All detached home lots
Hillsboro, OR
Prospect/
40
36%
650 sq.ft.
$35,000-$50,000
$1,000
Yes
2 off-street spaces
All detached home lots
Longmont, CO
Southern Village/
5
1 %
500 sq.ft.
$50,000
$500-$600
Yes
1 off-street space
All lots 50 feet wide or
Chapel Hill, NC
above
Trinity Heights/
15
62%
500 sq.ft.
$37,000-$43,000
$650-$700
No
1 off-street space
All detached home lots
Durham, NC
'Single-family. P This amount assumes that the decision to build an ADU is made before the garage is built.' An ADU from 0 to 699 square feet counts as a 114 dwelling
unit; larger units count
as 112 and 314.
DECEMBER2001
toward the overall density. "We were
very serious about this during permit-
ting," says Joel Embry, developer of
Amelia Park in Fernandina Beach,
Florida. "To count a garage apartment
as a separate dwelling unit raises the
public's impression of the density in
a way that it is not actually occur-
ring." In most projects, ADUs are re-
stricted to specific lots or housing
types, but these rules vary consider-
ably (see table).
ADUs are generally not counted
toward maximum density require-
ments, and Chapman explains why.
"The developer will always choose to
make $20,000 on a house rather than
$4,000 on a garage apartment. So you
kill any chance of them being built if
they are included."
THE PROSPECT EXAMPLE
One exception to the rule is Pros-
pect, a project in Longmont, Colo-
rado. According to developer Kiki
Wallace, the city can collect extra
impact fees by counting the garage
apartments as independent dwell-
ings. The typical impact fee for a
home in Prospect is $18,000, and an
ADU can put in another $6,000 in city
coffers. "It works out just fine, be-
cause I have 570 density units for 80
acres and I am not going to use them
all," Wallace says.
While he had no problems getting
permission to build ADUs, the city
has struggled with keeping track of
the extra units and therefore discour-
age other developers from including
them in new projects. "It was painful
for the city to begin with," Wallace
says, but it now has a system that pre-
vents ADUs, and the impact fees,
from falling through the cracks.
Despite high impact fees, ADUs
have been very successful in Prospect
— out of the approximately 110
homes completed, 40 have finished
garage apartments. Builders usually
include an unfinished shell above the
garage, and charge about $50,000 for
the average upgrade. Most units are
in the 650 sq. ft. range, but one 950 sq.
ft. unit has been built over a three -car
garage.
With an average rent of $1,000, the
income potential has become a major
Granny flats come in a
great variety of
configurations. The unit
in Courtside Village,
above left, has a
separate entrance
facing the parking pad.
Flats in Fairview
Village attatch to both
single-family homes,
right, and to live/work
units, above right.
driver for the ADUs, Wallace says.
"Most people have the idea that they
are going to use it for a home office.
About half build it for that reason, but
I'd say that all of them end up rent-
ing it out."
Some public agencies that seek to
encourage granny flats, but do not
wish to give an open-ended permis-
sion, have simply capped their con-
struction at a certain percentage of
home sites. Such restrictions are
placed on Fairview Village, High-
lands Garden Village, and Hometown
Oswego.
HELP WITH THE
MORTGAGE
The benefit to the home owner can
be substantial. In Courtside Village,
a neighborhood in Santa Rosa, Cali-
fornia, garage apartments are in-
cluded with every single-family home
located on an alley. To date, 50 units
have been completed, and developer
and designer Alan Cohen estimates
that half the 600 sq. ft., one -bedroom
apartments are rented out at a rate of
$850 to $900. The alley homes cur-
rently sell for $390,000, including the
ADU. Assuming a 15 percent down
payment and a 30-year mortgage at 7
percent, Cohen calculates the
monthly mortgage to be $2,205. A
rental fee of $900 covers 41 percent of
the mortgage. Cohen adds that con-
ventional developers in the area have
noticed the success of Courtside's
ADUs, and have begun to build them
in other subdivisions.
However, the calculation of more
interest might be whether the rental
covers the extra cost of the upgrade.
In Trinity Heights, the addition of a
garage and an apartment costs from
$37,000 to $43,000 (the price of the
garage alone is about $15,000). Since
the apartments rent out for $700/
month, the home owner can recoup
about double the mortgage on the
ADU while paying for the two -car
garage simultaneously — one reason
for the units' popularity. The upgrade
cost in Trinity Heights is at the lower
end, however. Typically, the price of
the garage is included in the price of
the primary structure, and upgrades
range from $40,000 to $65,000. Nev-
ertheless, rental fees typically cover
the extra monthly mortgage for the
ADU, and then some.
Developers are also seeing ex-
amples of home owners who move
into the garage apartment and rent
out the principal building. This strat-
egy works as a holding pattern for
people who plan to retire to Amelia
Park, for example. The garage apart -
DECEMBER2001
9
ment becomes a weekend home,
while the principal townhouse is a
steady source of income until retire-
ment.
ACCESS AND AMENITIES
Developers and builders use a va-
riety of strategies for access to ADUs.
In Orenco Station (Hillsboro, Oregon)
the choice of exterior stairs allows for
the addition of a small porch in front
of the first -floor entrance to the unit.
Some entrances face the side yard of
the home, while those at the end of
blocks face the street. "These are bet-
ter for a home office or a rental," says
Mike Mehaffy of PacTrust, the devel-
oper.
In Courtside Village, the stairs are
internal, and the entrance faces the
extra parking pad off the alley. This
offers homeowners and tenants the
greatest degree of privacy. An un-
usual approach is used in the largest
units in Amelia Park, those built over
attached, three -car garages. They
come with a separate entrance within
the garage, where one of the parking
spaces is reserved for the tenant.
The basic amenities in most ADUs
include a bedroom, a bath, and a small
kitchen. Many developers offer a
range of options, from loft units to
more highly finished versions with
separate rooms. Hometown Oswego
in Illinois has a few 500 sq. ft. units
that feature a kitchen, separate living
Garage apartment styles:
the examples are from
Orenco Station, above left,
and Prospect.
rooms and bedrooms, and walk-in
closets. "People love them, " says de-
veloper Perry Bigelow, "it's the most
efficient use of space we offer."
Municipal regulations are a poten-
tial hurdle for developers. Even
though Trinity Heights is an infill
project in the City of Durham, the city
charter had to be amended to allow
accessory units to be built. Even with
this amendment, the local law stated
that the units could not be within 15
feet of the property line, even at the
back alley. This shifted the units to-
ward the middle of the lot, reducing
ADU according to the Smart Code
ncillary unit defined: an apart-
ment not greater than 600 square
feet sharing utility connections with a
principal building. It may or may not
be a separate building. Ancillary units
do not count toward maximum den-
sity calculations.
Ancillary units are allowed in all
tiers of the Transect, from rural to core,
under the following restrictions. Rural
and Sub- urban tiers: Each lot may have
one principal and one ancillary build-
ing, with two assigned parking spaces
for each. Both dwellings shall be under
the same ownership. The habitable area
of the ancillary dwelling shall not ex-
ceed 500 square feet. General tier: Each
lot may have one principal and one an-
cillary building, with 1.5 assigned park-
ing spaces for each. Both dwellings
shall be under the same ownership. The
habitable area of the ancillary dwelling
shall not exceed 500 square feet. Cen-
ter and Core tiers: 1.5 parking spaces
are assigned to each unit, a ratio which
may be reduced according to shared
parking standards.
— From The Smart Code by Duany
Plater-Zyberk & Co.
usable yard space. (Fortunately, Trin-
ity Heights lots are 140 feet deep).
In Portland, on the other hand, the
regional planning authority now al-
lows ADUs in all area jurisdictions.
"It is expected to help with the sup-
ply of affordable residences and to
contribute to a more resource -effi-
cient development pattern," Mehaffy
explains.
Tucked away behind homes, ADUs
tend to fly under the radar, but in the
projects where they have taken hold,
developers are uniformly positive
about their impact. "They are one of
our real success stories," says Rick
Holt, one of the developers of
Fairview Village near Portland, Or-
egon. "We've added them to
rowhouses as well as single-family
homes and they have introduced a
greater blend of people in our com-
munity." Ninety percent of the ADUs
in Fairview Village are rented out.
"In Amelia Park, we are discover-
ing that when people live in the ga-
rage apartments, the alley thrives as
a civic location," Embry says. "Also,
we are achieving the mix of
affordability that we want on an
inclusionary basis, rather than
through the pods of the conventional
subdivision. It's a practical way of
achieving one of the more elusive
goals of the New Urbanism."
DECEMBER2001
10
NEw URsaly NEws1i
Project focuses on green building, affordable housing
Most new urban developments of
fer some environmental advan-
tages; Highlands Garden Village in
Denver, Colorado, is set apart by its
comprehensive approach to resource
conservation. Plus, with the project's
affordable housing components and
broad range of prices, the developers
attempted to meet most goals of the
Charter of the New Urbanism with
this 27-acre infill redevelopment —
while earning a reasonable profit.
The latter goal has been met. Sales
and leasing of most residential units
are finalized just two years after the
first homes were completed. In addi-
tion, developers Burgwyn, Perry &
Rose have seen substantial price esca-
lation in the market rate units. "Ab-
sorption has been much faster than an-
ticipated, and it's because people love
community," says codeveloper
Jonathan Rose. He adds that the "sub-
urban quality" homes in the urban lo-
cation made for an appealing product.
Highland Gardens Village is located
a mile and a half from downtown on
the site of a defunct amusement park.
The site is surrounded by the historic
Denver grid — allowing the develop-
ers to tie in to existing streets, public
utilities, and mass transit.
The site offered the developers op-
portunities for reuse — starting with
a historic theater and carousel house.
Trees and gardens were salvaged —
as were 30 tons of concrete.
The developers went to substantial
lengths to use recycled construction
materials, and to make the homes en-
ergy efficient. Some of these efforts
amount to good building techniques
— such as making homes as tight as
possible while ensuring good venti-
lation, purchasing energy efficient ap-
pliances and windows, and minimiz-
ing the length of heat ducts. But the
HGV sales and lease prices
mm
Product Original($) Final($)
Single family
199,500-316,500
211,996-429,666
Townhomes
178,500-209,500
193,063-283,244
Cohousing
144,632-249,377
153,795-267,817
Senior apts.
470-1065/month
450-1065/month
Homes back up to public gardens.
developers have gone well beyond
common practice by using wind
source electricity and obtaining alter-
native energy vehicles for a neighbor-
hood car -sharing program.
Some of the green measures cut
costs — the reuse of concrete saved a
net $80,000 in hauling and material
purchase costs, Rose says. Most mea-
sures added costs, e.g. purchasing
wind source electricity for community,
multifamily, and senior housing build-
ings adds 10 percent to utility bills in
developer -owned buildings. Overall,
Rose estimates that green building
techniques raised construction costs by
two or three percent, although he has
not conducted a detailed study.
On the other side of the ledger, po-
tential home buyers are offered lower
utility costs, good indoor air quality,
and a better overall product, he be-
lieves. "Not only is it the right thing to
do and better for the Earth, but there
are marketing advantages," he says.
The 290-home project, master
planned by Calthorpe Associates, in-
cludes 90,000-110,000 square feet of
commercial, plus 38,000 square feet of
civic/community buildings. Fifty-two
Highlands Garden Village environmental design features
Category Description
Energy 1. Mixed -use, human -scale streets and blocks encourage walking and bicycling.
efficiency 2. Connection to mass transit in the form of frequent bus service to site.
3. Large double glazed vinyl windows with Low E glass increase daylighting and save energy.
4. Efficient framing and engineered lumber products reduce use of wood.
5. Energy efficient boilers, air conditioners, mechanical systems, water heaters, and
appliances used throughout.
6. Centrally located furnaces with duct runs -as short as possible boost heating efficiency.
7. Blower door testing allows air penetration to be carefully calibrated, allowing
buildings to "breathe" while keeping heat loss and gain to a minimum.
8. Compact fluorescent lighting in senior housing and multifamily buildings.
9. Sealed combustion gas fireplace using outside combustion air.
10. Light colored interior walls, ceilings, soffits, and carpets reduce daytime lighting needs.
Recycling/ 1. Recycling of a vacant, 27-acre infill site, formerly operated as an amusement park.
reuse 2. Use of existing city water, sewer, and stormwater infrastructure.
3. Connection to existing street grid and surrounding neighborhoods.
4. Renovation of 100-year-old theater as a community arts and cultural center. Carousel
house to be transformed into pavilion for performances and community events.
5. Thirty tons of concrete from old site crushed and used as a road base.
6. Recycled content construction materials include oriented strand board for sub -flooring
and exterior walls, insulation, carpet pads, interior doors, tiles, I joints in floor and
roof trusses, and decking and other outdoor structures.
7. High flyash content concrete (flyash is a byproduct of coal fired power plants).
8. Homes with kitchens that include built-in recycling storage centers.
Alternative 1. Electricity generated from wind farms used in multifamily units, civic buildings, and parks.
energy 2. Electric powered car, and two natural gas vehicles for community use.
Landscaping 1. Community parks and gardens feature edible plants and increase permeable land surface.
2. Conservation of existing gardens and trees (mature trees shade homes and save energy).
3. Water conserving vegetation planted throughout the project.
4. Native grasses, trees, and plants used.
Interior air 1. Selection of paints with low volatile organic compound emissions.
quality 2. Furnace duct work sealed with low toxic mastic.
DECEMBER 2001
11
0 0ul��
ASPEN PLANNING & ZONING COMMISSION - Minutes -November 6, 2001
adopte code w' several f departme 1k. Itzl 60xplained th esign of t
gate d aske the righ f the ho ners put up a g or securi nd
ection e childre
Jas ' e Tygre st that P& as re red to look the PUD ndments h
s ific crite ' or an am ment e approve on Erick asked the
ercentag owner o pancy zla respon that one s occupied time
and th st were o aver of 6 mont year. Ro Haneman ed how
ma f the pro ies in oned by t pplicant e located in e city of
en and appro s were nee James dt replied t there were me
single -fa y hous at were ga but he di of know of multiple es
that w gated; tle Cloud s located ' e county. ndt said th a single
fa home t all coder uirement en the gate ' t needed a oval from
ergenc ervices to nstalled. la said that tle Cloud in the count
but ac sed an As Road; t were the 2 of Highwa 2 that were p of
the roon Cree D. Ja Lindt rel at Maroo rive was in t ounty.
a stated th e under d the origin mendmen ied away fro aving a
ated co ity but se people w not askin the closure ny publi
roads o cess; th' as private p erty from ge Road.
Erickso xplained tha e lived at t end of a pub ' Street th ead-ended
here m cars came u nd turned and on their operty bu d not feel the
need t ut up a gate rickson sa' at there w adequate ernal alters 0Aes
in t Clubside p ng with t aroon Cre Club that d be work out.
MO N: Ron ickson mo approve Resolut' #40 series of
2 , approv' the prop d amendme to the Ma n Creek b
Planned t Develop t (PUD) fo a purpos allowin r a
securit ate to be structed at entranc Clubsid rive. t
Myr' seconde oll call vot - laich, no- ohen, no; anemPogo;
E on, no- yrin, no; K er, no; re, no. DE ED 7-0.
PUBLIC HEARING:
LAND USE CODE AMENDMENT TO SECTION 26.520, ADU —
ELIMINATE MANDATORY OCCUPANCY FAR BONUS
Jasmine Tygre opened the public hearing on the Code Amendments. David Hoefer
stated that the notice was provided. Chris Bendon asked to introduce both
Accessory Dwelling Unit Code Amendments but keep the discussions separate.
Bendon stated that the basic difference was that the elimination of the mandatory
occupancy FAR bonus was initiated by the city as a result of a work session
between City Council, P&Z and the Housing Board. Bendon said that the private
3
• •
ASPEN PLANNING & ZONING COMMISSION - Minutes -November 6, 2001
ADU Code Amendment dealt with existing units with mandatory occupancy
(deed -restrictions); what to do with the already approved ADUs, which will be the
next public hearing.
Bendon explained the incentive of FAR was not very successful because it created
a difficult enforcement; P&Z suggested deleting this from the code 2 years ago.
The ADUs that were detached were less likely to be used as an extra bedroom and
were more likely to be used as intended. There were changes in the FAR and the
concept was brought up of one additional square foot of additional FAR added to
the main dwelling for every square foot of the ADU that was built above grade as
an incentive; this ADU would be sold to a qualified resident. Bendon said that the
amendments were noted in the resolutions with color.
Bert Myrin asked if the for sale unit would be detached and above grade. Bendon
replied that the incentive for the for sale ADU would be the additional FAR and
the community benefit for employee housing with in -fill. Roger Haneman asked
how the lot splits would occur. Bendon replied that it could be condominized or
used as a lot split. Myrin said that it could be designed for year round occupancy.
No public comments.
Ruth Kruger asked if this was an exercise in futility or would this program be used;
she asked if this was another option for employee housing to be built. Bendon
replied that he did not to want characterize this as an exercise in futility, someone
might use this program and it would be a different way for an incentive program to
be characterized. Bendon stated that this would be an actual for sale unit
associated with rights without an enforcement issue.
Eric Cohen said that the accessory unit was exempt from FAR and the free-market
incentive was the additional square footage. Bendon said that the current system
for occupancy did not allow control of who would be placed in the ADU and with
a condominium there would be more reliance placed on the units.
Ron Erickson said that the off site unit buy downs should be accomplished in
groups with prior homeowner approval. Erickson said that if there were parts of
the resolution that needed refinement from the housing guidelines but on the whole
was moving in the right direction for the ADU goals of this commission. Alan
Richman suggested that the condominium association make it clear if they want
deed -restricted units. Erickson stated that this should be a cautious undertaking
with a clarification from the Housing Authority in the guidelines. Tygre stated that
she agreed with Erickson on a successful buy down transaction with more
M
ASPEN PLANNING & ZONING COMMISSION - Minutes -November 6, 2001
information documented from the Housing Authority. Tygre stated that long time
locals were more likely to house employees. Tygre stated that she was appalled by
the mandatory occupancy on an ethical basis and was happy that this code
amendment came forward.
MOTION: Ron Erickson moved to approve PZ Resolution #01-41
recommending approval of the City -initiated amendments to the
Accessory Dwelling Unit (ADU) Program eliminating the mandatory
occupancy provision, amending the Floor Area incentives available for
the ADU's and allowing off -site affordable housing provision to exempt
single-family and duplex development from growth management. Bert
Myrin seconded. Roll call vote: Kruger, yes; Myrin, yes; Erickson, yes;
Cohen, yes; Blaich, yes; Haneman, yes; Tygre, yes. APPROVED 7-0.
Ron Erickson recommended that the Housing Authority include in the guidelines
language for clarification for buy downs of existing free-market units, including prior
approval from the existing condominium associations or a certificate of no negative
effects. Erickson stated that this recommendation was to go to Housing and City
Council. Haneman said that he felt that this should was the responsibility of the
homeowners' association and not at the P&Z level. Erickson said that he stated that
the associations could be more proactive than reactive in the by-laws. Cohen said
that this would put a roadblock for the sales of units. Bendon replied that Jasmine
was on the right track because it keeps the unit affordable. Blaich stated that he was
positive on this recommendation to Housing. The commission was in favor of this
recommendation. Bendon stated that there were a series of recommendations to the
housing guidelines that will be generated from the In -fill Committee.
PUBLIC HEARING:
LARD CODE AVtNDMENT J6 SECTIPN 26.520 DU —
AtMENOING EXISVNG MANDUfORY OCZUPANCYJbEED _
RESZRICTIONS
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Nick Mc(Aath.
Ben n said this de amendme dealt with a /'-
DUs and force
of andatory d d-restricted Us. Bend statently ere was
itiguage in t code for the tion of u trictinU an etain th
residence's uare footag Bendon sa' that therny sts of d d-
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9 * Y11
MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: John Worcester, City Attorney
Julie Ann Woods, Community Development Directo�
FROM: Chris Bendon, Senior Planner(�_w
RE: Accessory Dwelling Unit Amendments (City Initiated)
1" Reading of Ordinance No.%L, Series of 2001.
Detached ADU requirement for Growth Management Exemption
ADU Floor Area Amendments
DATE: November 26, 2001
SUMMARY:
The City Council initiated amendments to the City's Accessory Dwelling Unit (ADU)
Program to eliminate the mandatory occupancy and to require growth management
exemptions only be granted for ADUs developed above grade and detached from the
primary residence.
The proposed ordinance accomplishes these desired changes. The amendment affects
the Accessory Dwelling Unit Program, the exemption section of growth management,
and the Floor Area calculation section. Two new definitions have been proposed to
help clarify terms used in the proposed language. Under Main Issues, the primary
aspects of this proposed code amendment have been described.
The Planning and Zoning Commission reviewed this code amendment and
recommended approval by a 7-0 vote. Their Resolution is attached. The Commission
also expressed concern over "buy -down" units. They emphasized a need for the
Housing Authority to determine if any legal impediments exist and to research
association fees before accepting a unit within a free-market complex. They asked
that their comments be forwarded to both City Council and the Housing Authority.
Staff recommends approval of Ordinance No.41P, Series of 2001, upon first
reading.
MAIN ISSUES:
Detached & Above Grade ADU Requirement.
The proposed code language requires Accessory Dwelling Units to be both detached
from the primary residence and above grade. This requirement applies to voluntary
ADU's as well as those being developed to exempt a residence from Growth
Management. A Special Review approval would allow an ADU to be attached and/or
partially to fully below grade.
The Special Review procedure requires a public hearing with the Planning and
Zoning Commission, or with the Historic Preservation Commission if the property is
a historic resource. ADU's designed to meet the design standards will continue to be
approved administratively
No amendments to the Special Review criteria are proposed. Staff believes these
criteria are sufficient to review these potential requests.
ADU Floor Area:
Currently, Floor Area incentives are available for two methods of ADU development:
Detaches( and Mandatory Occupancy - each exempting 50% of the ADU for the
calculation of Floor Area. If an ADU is both detached from the primary residence
and deed restricted to mandatory occupancy, both floor area incentives apply for a
100% exemption.
The proposed code amendment removes the incentive for mandatory occupancy. This
has not been very popular and the few mandatory units approved through this
provision have created enforcement problems for the Housing Authority.
The detached incentive is also removed with this proposed language and replaced
with a 100% Floor Area incentive for units that are condominiumized and sold as
affordable housing units according to the Affordable Housing Guidelines. This is a
concept that has been discussed by the Infill Advisory Group as a means of
encouraging affordable housing in single-family neighborhoods. The concept
provides an incentive of one additional square foot of free-market development for
every one square foot of affordable housing, up to the limiting size of an ADU.
Removing the detached exemption may, however, create some nonconformities and
may also affect property owners with plans to expend their primary residence be use
of the previous exemption. Structures made nonconforming by adoption of this code
language would be unaffected until redevelopment. Redevelopment would need to be
accomplished within the bounds of the code in effect at the time.
Off -Site Unit:
The proposed code language allows an exemption from growth management to be
achieved by deed restricting an existing free-market dwelling as an affordable housing
unit. The "buy -down" concept is one that has been widely sought (as evidenced in the
AACP) as a means of providing affordable housing without creating additional
growth. The proposed language facilitates the private sector buy -down of free-market
units in exchange for the redevelopment exemption of single-family and duplex units.
The purchased unit would need to be within the Infill Area (new definition) and
accepted by the Housing Authority. The Housing Authority Guidelines would dictate
the resale value of the newly deed restricted unit.
4
APPLICANT:
City of Aspen.
PREVIOUS ACTION:
The Planning and Zoning Commission passed Resolution 41, Series of 2001,
recommending approval of this Ordinance. A work session with the City Council,
Housing Board, and Planning and Zoning Commission was held on this topic and
resulted in staff direction to initiate this code amendment.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution the City Council approve, approve with conditions, or deny the
application.
BACKGROUND:
The ADU Program was the topic of a work session between the City Council,
Housing Board, and the Planning and Zoning Commission. The primary concern of
the Boards was the lack of occupancy and the problems associated with mandatory
occupancy units. The City Council directed staff to initiate code amendments to
eliminate the mandatory occupancy provision and require all ADU's that serve as a
GMQS exemption to be built above grade and detached from the primary residence.
STAFF COMMENTS:
Two ADU code amendments are currently being contemplated under separate public
hearings. One is a City -initiated amendment related to land use incentives for future
ADU's and the other is a privately -initiated amendment related to existing mandatory
occupancy ADU's.
These two amendments are being processed simultaneously, but under separate public
hearings. They obviously relate but should remain as separate actions to maintain
proper due process. Staff has aligned the two amendments and no conflicts exist
under any approval/disapproval scenario.
The Planning and Zoning Commission Resolution shows the proposed changes to the
ADU Program and highlights the amendments in blue. Cress-eut text is proposed for
removal. Underlined text is proposed for addition. Regular text indicates no changes.
The proposed Ordinance shows plain text, without the highlights, in a ready for
codification manner.
RECOMMENDATION:
Staff recommends adoption of Ordinance No.-W, Series of 2001, upon first reading.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
" I move to adopt Ordinance No.'-, Series of 2001, upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Planning and Zoning Resolution
C:\home\Chris\CASES\ADU—Revisit\CC—MEMO—CITY.doc
4
ORDINANCE NO. Q
(SERIES OF 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AMENDMENTS TO THE TO ACCESSORY DWELLING UNIT
PROGRAM, SECTION 26.520, THE GROWTH MANAGEMENT QUOTA
SYSTEM, SECTION 26.470, THE METHOD OF CALCULATING FLOOR AREA
FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020, AND
ESTABLISHING DEFINITIONS FOR "DETACHED STRUCTURE" AND
"ASPEN INFILL AREA," SECTION 26.104.100, OF THE LAND USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
Department to propose amendments to the Accessory Dwelling Unit Program provisions
of the land use code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.520, 26.470,
26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the 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, and 26.104.100 of the land use code of the Aspen
Municipal Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the Accessory Dwelling Unit Program on
November 6, 2001, took and considered public testimony and the recommendation of the
Planning Director and recommended, by a seven to zero (7-0) vote, City Council adopt
the proposed Accessory Dwelling Unit Program amendments to the land use code by
amending the text of sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use
code of the Aspen Municipal Code as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
Planning and Zoning Commission, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the
Accessory Dwelling Unit Program meet or exceed all applicable standards and that the
Ordinance No. Series of 2001
Page 1
approval of the proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1
Section 26.520, Accessory Dwelling Units, which section defines, describes, authorizes,
and regulates the process for developing and requirements for operating an Accessory
Dwelling Unit, is hereby amended to read as follows:
26.520
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 homeowners 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.
Ordinance No. , Series of 2001
Page 2
Detached ADU's emulate a historic development pattern and maximize the privacy
and livability of both the ADU and the primary unit. Detached ADU's are more
likely to be occupied by a local working resident, furthering a community goal of
housing the workforce.
To the extent Aspen desires detached Accessory Dwelling Units which provide viable
and livable housing opportunities to local working residents, detached ADU's qualify
existing vacant lots of record and significant redevelopment of existing homes for an
exemption from the Growth Management Quota System. In addition, detached
ADU's deed restricted as "For Sale" units, according to the Aspen/Pitkin County
Housing Authority Guidelines, as amended, and sold according to the procedures
established in the Guidelines provide for certain Floor Area incentives.
26.520.020 General
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and
subordinate in size and character to the primary residence and located on the same
parcel or on a contiguous lot under the same ownership. A primary residence may
have no more than one ADU. An ADU may not be accessory to another ADU. A
detached ADU may only be conveyed separate from the primary residence as a "For
Sale" Affordable Housing unit to a qualified purchaser pursuant the Aspen/Pitkin
County Housing Authority Guidelines, as amended. An ADU shall not be considered
a unit of density with regard to zoning requirements. Accessory dwelling units shall
not be used to obtain points in the affordable housing category of the Growth
Management Quota System (GMQS). Accessory dwelling units also may not be used
to meet the requirements of Chapter 26.530 "Residential Multi -Family Housing
Replacement Program." All ADUs shall be developed in conformance with this
Section.
26.520.030 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall approve, approve with conditions, or disapprove a land use
application for an Accessory Dwelling Unit.
An appeal of the Community Development Director's determination shall be
considered by the Planning and Zoning Commission and approved, approved with
conditions, or disapproved, pursuant to Section 26.520.080, Special Review.
A land use application requesting a variation of the ADU design standards shall be
approved, approved with conditions, or disapproved by the Planning and Zoning
Commission, pursuant to Section 26.520.080, Special Review.
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. Series of 2001
Page 3
Historic Preservation Commission shall approve, approve with conditions, or
disapprove the variation, pursuant to Section 26.520.080, Special Review.
26.520.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an
Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and to
all Accessory Dwelling Units approved prior to the adoption of Ordinance No.
Series of 2001.
26.520.050 Design Standards
All ADUs shall conform to the following design standards unless otherwise approved,
pursuant to Section 26.520.080, Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of
which must be a closet or storage area.
2. An ADU must be able to function as a separate dwelling unit. This includes
the following:
a) An ADU must be separately accessible from the exterior. An interior
entrance to the primary residence may be approved, pursuant to
Special Review;
b) An ADU must have separately accessible utilities. This does not
preclude shared services;
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a
stove with two burners, a sink, and a refrigerator with a minimum of 6
cubic feet of capacity and a freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a
toilet, and a shower.
One parking space for the ADU shall be provided on -site and shall remain
available for the benefit of the ADU resident. The parking space shall not be
stacked with a space for the primary residence.
4. The finished floor height(s) of the ADU shall be entirely above the natural or
finished grade, whichever is higher, on all sides of the structure.
5. The ADU shall be detached from the primary residence. An ADU located
above a detached garage or storage area shall qualify as a detached ADU. No
other connections to the primary residence, or portions thereof, shall qualify
the ADU as detached.
6. An ADU shall be located within the dimensional requirements of the zone
district in which the property is located.
7. The roof design shall prevent snow and ice from shedding upon an entrance to
an ADU. If the entrance is accessed via stairs, sufficient means of preventing
snow and ice from accumulating on the stairs shall be provided.
Ordinance No. , Series of 2001
Page 4
•
•
8. ADUs shall be developed in accordance with the requirements of this title
which apply to residential development in general. These include, but are not
limited to, the Uniform Building Code requirements related to adequate
natural light, ventilation, fire egress, fire suppression, and sound attenuation
between living units. This standard may not be varied.
9. All ADUs shall be registered with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 Deed
Restrictions. This standard may not be varied.
26.520.060 Calculations and Measurements
A. Floor Area.
ADU's are attributed to the maximum allowable floor area for the given property on
which they are developed, pursuant to Section 26.575.020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs must contain between 300 and 800 square feet of net livable floor area, unless
varied through a land use review. The calculation of net livable area differs slightly
from the calculation of Floor Area inasmuch as it measures the interior dimensions of
the unit.
26.520.070 Deed Restrictions and Enforcement.
A. 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. The
owner shall retain the right to select a qualified renter.
A detached and permanently affordable Accessory Dwelling Unit qualifying a
property for a Floor Area Exemption, pursuant to Section 26.575.020(A)(6), shall be
deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a qualified
purchaser, according to the Aspen/Pitkin County Housing Authority Guidelines, as
amended.
The Aspen/Pitkin County Housing Authority shall provide a standard form for
recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be
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.
Ordinance No. Series of 2001
Page 5
•
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26.520.080 Procedure
A. General.
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials, pursuant to Section 26.304.030. In addition, the application shall include
scaled floor plans and elevations for the proposed ADU. The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or
prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with
the requirements of this section may be legalized as an accessory dwelling unit, if it
shall meet the health and safety requirements of the Uniform Building Code, as
determined by the Chief Building Official. No retro-active penalties or assessments
shall be levied against any bandit unit upon legalization.
ADUs require a separate building permit. After a Development Order has been issued
for an ADU, a building permit application may be submitted in conformance with
Section 26.304.075.
B. Administrative Review.
In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the criteria for administrative
approval. If an application is found to be inconsistent with these criteria, in whole or
in part, the applicant may either amend the application, apply for a Special Review to
vary the design standards, or apply for an appeal of the Director's finding pursuant to
Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by
the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.
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.
Ordinance No. Series of 2001
Page 6
An appeal of a determination made by the Community Development Director, shall
be reviewed as a Special Review pursuant to subsection D, below. In this case, the
Community Development Director's finding shall be forwarded as a recommendation
and a new application need not be filed.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal of
a determination made by the Community Development Director, shall be processed as
a Special Review in accordance with the Common Development Review Procedure
set forth in Section 26.304. The Special Review shall be considered at a public
hearing for which notice has been posted and mailed, pursuant to Section
26.304.060(E)(3)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic
Landmark, on the Inventory of Historic Sites and Structures, or within a Historic
Overlay District, and the application has been authorized for consolidation pursuant to
Section 26.304, the Historic Preservation Commission shall consider the Special
Review.
A Special Review for an ADU may be approved, approved with conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose 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.
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.
Ordinance No. Series of 2001
Page 7
An insubstantial amendment to an approved development order for an Accessory
Dwelling Unit may be authorized by the Community Development Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or
does not exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or the alteration to the
deed restriction has been approved by the Aspen/Pitkin County Housing
Authority.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling
Unit shall be reviewed pursuant to the terms and procedures of this Section.
Section 2•
Section 26.470.070(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 five (5) options:
a. Providing an above grade, detached Accessory Dwelling Unit (ADU),
pursuant to Section 26.520;
b. Providing an Accessory Dwelling Unit authorized through Special Review
to be attached and/or partially or fully subgrade, pursuant to Section
26.520; or,
c. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
d. Paying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e. Recording a Resident -Occupancy (RO) deed restriction on the single-
family dwelling unit being constructed.
2. Duplex. In order to qualify for a duplex exemption, the applicant shall have
six (6) options:
a. Providing one free market dwelling unit and one deed restricted Resident -
Occupied (RO) dwelling unit with a minimum floor area of one thousand
five hundred (1,500) square feet; or,
b. providing either two above grade, detached Accessory Dwelling Units or
one above grade, detached accessory dwelling unit with a minimum floor
area of six hundred (600) net livable square feet, pursuant to Section
26.520; or,
Ordinance No. Series of 2001
Page 8
0
c. Providing either two Accessory Dwelling Units or one Accessory
Dwelling Unit with a minimum of 600 net livable square feet authorized
through Special Review to be attached and/or partially or fully subgrade,
pursuant to Section 26.520; or,
d. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
e. Providing two deed restricted Resident -Occupied (RO) dwelling units; or
f. Paying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 3
Section 26.104.100, which section defines terms used in the Land Use Code, is hereby
amended to include the following terms:
Structure, detached. A structure not physically connected in any manner to
another structure, above or below ground, exclusive of utility connections.
Aspen Infill Area. That geographical area of Aspen east of Castle Creek and
south of the Roaring Fork River.
Section 4•
Section 26.575.020(A)(6), which section 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 as described below.
Detached and permanently affordable ADU Floor Area Exemption. One
Hundred (100) percent of the Floor Area of an ADU which is detached
from the primary residence and deed restricted as a "For Sale" affordable
housing unit and transferred to a qualified purchaser in accordance with
the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall
be excluded from the calculation of Floor Area.
Section 5•
This Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Ordinance No. , Series of 2001
Page 9
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance shall be held on the _th day of December2001, 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 was 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 the 26th day of November, 2001.
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
Ordinance No. Series of 2001
Page 10
Helen K. Klanderud, Mayor
day of , 2001.
Helen K. Klanderud, Mayor
0
Exhibit A
ADU Program Amendments
City Initiated
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
community benefit of Accessory Dwelling Units. Specific provisions encourage units
providing high quality living as an affordable housing alternative. No aspect of the
proposed code amendment is in conflict with other portions of the Municipal Code.
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 "buy -downs" of existing free-market residences. The
purpose of the ADU Program is to allow interspersed employee housing within existing
neighborhoods 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.
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. The proposed amendments provide certain incentives to
encourage occupancy by local working residents.
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. Special Review allows for variances to the design
standards to be considered under a public hearing and where neighborhood compatibility
is one of the criteria. Staff believes this criterion is met.
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. Encouraging more affordable housing opportunities within
Aspen will likely create more traffic on local streets. This needs to be weighed with the
effects of not providing affordable housing opportunities within Aspen. Staff does not
believe the amount of potential new units represents a safety issue on local roads.
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.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
Increased local housing opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
staff comments page 2
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Staff Finding:
Characteristic of traditional towns, and important to Aspen 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.
Disappointment over the low occupancy of these units has created a desire to amend the
program.
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.
staff comments page 3
RESOLUTION NO.41
(SERIES OF 2001)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, THE GROWTH
MANAGEMENT QUOTA SYSTEM, SECTION 26.470, THE METHOD OF
CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS,
SECTION 26.575.020, AND RECOMMENDING ESTABLISHING DEFINITIONS
FOR "DETACHED STRUCTURE" AND "ASPEN INFILL AREA," SECTION
26.104.100, OF THE LAND USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
Department to propose amendments to the Accessory Dwelling Unit Program provisions
of the land use code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.520, 26.470,
26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the 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, and 26.104.100 of the land use code of the Aspen
Municipal Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the Accessory Dwelling Unit Program on
November 6, 2001, took and considered public testimony and the recommendation of the
Planning Director and recommended, by a seven to zero (7-0) vote, City Council adopt
the proposed Accessory Dwelling Unit Program amendments to the land use code by
amending the text of sections 26.520, 26.470, 26.575.020, and 26.104.100 of the land use
code of the Aspen Municipal Code as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 1
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Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 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, by striking and
adding, denoted by strike and ac1c1, language to the Land Use Code as follows:
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.
Detached ADU's emulate a historic development pattern and maximize the privacy
and livability of both the ADU and the primary unit. Detached ADU's are more
likely to be occupied by a local working resident, furthering a community goal of
housine the workforce.
To the extent Aspen desires detached Accessory Dwelling Units which provide viable
and livable housing opportunities to local working residents, detached ADU's qualify
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 2
existing vacant lots of record and significant redevelopment of existing homes for an
exemption from the Growth Management Quota System. In addition, detached
ADU's deed restricted to as "For Sale" units, according to the Aspen/Pitkin County
Housing Authority Guidelines, as amended, and sold according to the procedures
established in the Guidelines provide for certain Floor Area
incentives.
26.520.020 General
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and
subordinate in size and character to the primary residence and located on the same
parcel or on a contiguous lot under the same ownership. A primary residence may
have no more than one ADU. An ADU may not be accessory to another ADU. An
detached ADU eannet-may only be conveyed separate from the primary residence as
a "For Sale" Affordable Housing unit to a qualified purchaser -prepe interest
separate f em the " esidenee, pursuant the Aspen/Pitkin County Housing
Authority Guidelines, as amended. ate- Aan 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
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
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 3
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•
all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of
Ordinance No. 44, Series of 1999 , Series of 2001.
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 Goiiwnission, pursuant to Special Review;
b) An ADU must have separately accessible utilities. This does not
preclude shared services;
c) An ADU shall contain a kitchen containing, at a minimum, an oven, a
stove with two burners, a sink, and a refrigerator with a minimum of 6
cubic feet of capacity and a freezer; and,
d) An ADU shall contain a bathroom containing, at a minimum, a sink, a
toilet, and a shower.
3. One parking space for the ADU shall be provided on -site and shall remain
available for the benefit of the ADU resident. The parking space shall not be
stacked with a space for the primary residence.
4. The finished floor height(s) of the ADU shall be entirely above the natural or
finished grade, whichever is higher, on all sides of the structure.
5. The ADU shall be detached from the primary residence. An ADU located
above a detached garage or storage area shall qualify as a detached ADU. No
other connections to the primary residence, or portions thereof, shall qualify
the ADU as detached.
4.6. An ADU shall be located within the dimensional requirements of the zone
district in which the property is located.
5 7. The roof design shall prevent snow and ice from shedding upon an entrance to
an ADU. If the entrance is accessed via stairs, sufficient means of preventing
snow and ice from accumulating on the stairs shall be provided.
6-.8. ADUs shall be developed in accordance with the requirements of this title
which apply to residential development in general. These include, but are not
limited to, the Uniform Building Code requirements related to adequate
natural light, ventilation, fire egress, fire suppression, and sound attenuation
between living units. This standard may not be varied.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 4
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7-.9. All ADUs shall be registered with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 Deed
Restrictions. This standard may not be varied.
26.520.060 Calculations and Measurements
A. Floor Area.
ADU's are attributed to the maximum allowable floor area for the given property on
which they are developed, pursuant to Section 26.575.020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs must contain between 300 and 800 square feet of net livable floor area, unless
varied through a land use review. The calculation of net livable area differs slightly
from the calculation of Floor Area inasmuch as it measures the interior dimensions of
the unit.
26.520.070 Deed Restrictions and Enforcement.
A. 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. The
owner shall retain the right to select a qualified renter.
A detached and permanently affordable Accessory Dwelling Units qualifying a
property for a Floor Area ExemptionBenus, pursuant to Section 26.575.020(A)(6),
shall be deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a
qualified purchaser, according to the Aspen/Pitkin County Housing, Authority
Guidelines, as amended.
0 0 the ADU T be l „tinuously e ed by a 1eeal . OFking resident, s defined b
the A spen'Pitkin County Hobs,., Authority, for- lease p ods of six ni nth
greateF. The owner- shall retain the right to seleet a qualified r-enter-.
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.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 5
L-1
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26.520.080 Procedure
A. General.
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials, pursuant to Section 26.304.030. In addition, the application shall include
scaled floor plans and elevations for the proposed ADU. The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or
prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with
the requirements of this section may be legalized as an accessory dwelling unit, if it
shall meet the health and safety requirements of the Uniform Building Code, as
determined by the Chief Building Official. No retro-active penalties or assessments
shall be levied against any bandit unit upon legalization.
ADUs require a separate building permit. After a Development Order has been issued
for an ADU, a building permit application may be submitted in conformance with
Section 26.304.075.
B. Administrative Review.
In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the criteria for administrative
approval. If an application is found to be inconsistent with these criteria, in whole or
in part, the applicant may either amend the application, apply for a Special Review to
vary the design standards, or apply for an appeal of the Director's finding pursuant to
Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by
the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.
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.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 6
C. Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall
be reviewed as a Special Review pursuant to subsection D, below. In this case, the
Community Development Director's finding shall be forwarded as a recommendation
and a new application need not be filed.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal of
a determination made by the Community Development Director, shall be processed as
a Special Review in accordance with the Common Development Review Procedure
set forth in Section 26.304. The Special Review shall be considered at a public
hearing for which notice has been posted and mailed, pursuant to Section
26.304.060(E)(3)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic
Landmark, on the Inventory of Historic Sites and Structures, or within a Historic
Overlay District, and the application has been authorized for consolidation pursuant to
Section 26.304, the Historic Preservation Commission shall consider the Special
Review.
A Special Review for an ADU may be approved, approved with conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose 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.
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.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 7
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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, 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),
by striking and adding, denoted by stride and add, language to the Land Use Code as
follows:
Single-family. In order to qualify for a single-family exemption, the applicant
shall have thfee five (53) options:
a. a. Providing an -Above -grade
, detached Accessory Dwelling Unit
(ADU), pursuant to Section 26.520;
b. Providing an Accessory Dwelling Unit authorized through Special Review
to be attached and/or partially or fully subgrade, pursuant to Section
26.520; or,
c. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
d_pPaying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e. Recording a Resident -Occupancy (RO) deed restriction on the single-
family dwelling unit being constructed.
2. Duplex. In order to qualify for a duplex exemption, the applicant shall have
six (63) options:
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 8
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a 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_b. providing either two above grade, detached k ee market dwellin
uf4ts Accessory Dwelling Units or and above grade, detached
accessory dwelling unit with a minimum floor area of six hundred (600)
net livable square feet, pursuant to Section 26.520;or,
c. Providing either two Accessory Dwelling Units or one Accessory
Dwelling Unit with a minimum of 600 net livable square feet authorized
through Special Review to be attached and/or partially or fully subgrade,
pursuant to Section 26.520; or,
d. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
e_d.Pproviding two deed restricted Resident -Occupied (RO) dwelling
units; or
f e.Ppaying the applicable affordable housing impact fee pursuant to
the Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 3
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.104.100, which section
defines terms used in the Land Use Code, by inclusion of the following terms:
Structure detached. A structure not physically connected in any manner to
another structure, above or below ground, exclusive of utility connections.
Aspen Infill Area. That geographical area of Aspen east of Castle Creek and
south of the Roaring Fork River.
Section 4•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 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, by striking and adding,
denoted by stye and add, language to the Land Use Code 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 as described below.
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Page 9
Detached and permanently a,(fordable ADU Floor Area ExemptionBetlrs.
Fifty One Hundred (100-0) percent of the net livabie square feetageFloor
Area of an ADU which is detached from the primary residence and deed
restricted as a "For Sale" affordable housing unit and transferred to a
qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authoritv Guidelines, as amended, by a distanee ,. f no less than ten (' 0)
625 square shall be excluded from the calculation of Floor Area.
M Hill.
-
Section 5•
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 November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Planning and Zoning Commission
Resolution No. 41, Series of 2001
Jasmine Tygre, Chair
Page 10
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Ohlson, Deputy DirectorN&M
�FROM: Chris Bendon, Senior Planner
RE: Accessory Dwelling Unit Amendments (City Initiated) — Public Hearing
Detached ADU requirement for Growth Management Exemption
ADU Floor Area Amendments
DATE: November 6, 2001
SUMMARY:
The City Council has initiated amendments to the City's Accessory Dwelling Unit
(ADU) Program to eliminate the mandatory occupancy and to require growth
management exemptions only be granted for ADU's developed above grade and
detached from the primary residence.
The proposed Resolution accomplishes these desired changes. The amendment
affects the Accessory Dwelling Unit Program, the exemption section of growth
management, and the Floor Area calculation section. Two new definitions have been
proposed to clarify terms used in the proposed language. Under Main Issues, the
primary aspects of this proposed code amendment have been described.
Staff recommends the Commission recommend City Council adoption of this
code amendment.
MAIN ISSUES:
Detached & Above Grade ADU Requirement.
The proposed code language requires Accessory Dwelling Units to be both detached
from the primary residence and above grade. This requirement applies to voluntary
ADU's as well as those being developed to exempt a residence from Growth
Management. A Special Review approval would allow an ADU to be attached and/or
partially to fully below grade.
The Special Review procedure requires a public hearing with the Planning and
Zoning Commission, or with the Historic Preservation Commission if the property is
a historic resource. ADU's designed to meet the design standards will continue to be
approved administratively.
No amendments to the Special Review criteria are proposed. Staff believes these
criteria are sufficient to review these potential requests.
ADU Floor Area:
Currently, Floor Area incentives are available for two methods of ADU development:
Detached and Mandatory Occupancy - each exempting 50% of the ADU for the
calculation of Floor Area. If an ADU is both detached from the primary residence
and deed restricted to mandatory occupancy, both floor area incentives apply for a
100% exemption.
The proposed code amendment removes the incentive for mandatory occupancy. This
has not been very popular and the few mandatory units approved through this
provision have created enforcement problems for the Housing Authority.
The detached incentive is also removed with this proposed language and replaced
with a 100% Floor Area incentive for units that are condominiumized and sold as
affordable housing units according to the Affordable Housing Guidelines. This is a
concept that has been discussed by the Infill Advisory Group as a means of
encouraging affordable housing in single-family neighborhoods. The concept
provides an incentive of one additional square foot of free-market development for
every one square foot of affordable housing, up to the limiting size of an ADU.
Removing the detached exemption may, however, create some nonconformities and
may also affect property owners with plans to expend their primary residence be use
of the previous exemption. Structures made nonconforming by adoption of this code
language would be unaffected until redevelopment. Redevelopment would need to be
accomplished within the bounds of the code in effect at the time.
Off -Site Unit:
�. The proposed code language allows an exemption from growth management to be
achieved by deed restricting an existing free-market dwelling as an affordable housing
unit. The "buy -down" concept is one that has been widely sought (as evidenced in the
AACP) as a means of providing affordable housing without creating additional
growth. The proposed language facilitates the private sector buy -down of free-market
units in exchange for the redevelopment exemption of single-family and duplex units.
The purchased unit would need to be within the Infill Area (new definition) and
accepted by the Housing Authority. The Housing Authority Guidelines would dictate
the resale value of the newly deed restricted unit.
APPLICANT:
City of Aspen.
PREVIOUS ACTION:
The planning and Zoning Commission has not previously considered this Resolution.
A work session with the City Council, Housing Board, and Planning and Zoning
Commission was held on this topic and resulted in staff direction to initiate this code
amendment.
2
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend
by Resolution the City Council approve, approve with conditions, or deny the
application.
BACKGROUND:
The ADU Program was the topic of a work session between the City Council,
Housing Board, and the Planning and Zoning Commission. The primary concern of
the Boards was the lack of occupancy and the problems associated with mandatory
occupancy units. The City Council directed staff to initiate code amendments to
eliminate the mandatory occupancy provision and require all ADU's that serve as a
GMQS exemption to be built above grade and detached from the primary residence.
STAFF COMMENTS:
Two ADU code amendments are currently being contemplated under separate public
hearings. One is a City -initiated amendment related to land use incentives for future
ADU's and the other is a privately -initiated amendment related to existing mandatory
occupancy ADU's.
These two amendments are being processed simultaneously, but under separate public
hearings. They obviously relate but should remain as separate actions to maintain
proper due process. Staff has aligned the two amendments and no conflicts exist
under any approval/disapproval scenario.
The Resolution shows the proposed changes to the ADU Program and highlights the
amendments in blue. Cress-ou text is proposed for removal. Underlined text is
proposed for addition. Regular text indicates no changes.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend approval of the
City -initiated 4ndments to the Accessory Dwelling Unit Program as described in
Resolution 01
RECOMMENDED MOTION:
"I move to approve PZ-Resolution 01 -4,1 recommending approval of the City -
initiated amendments to the Accessory Dwelling Unit Program eliminating the
mandatory occupancy provision, amending the Floor Area incentives available for the
ADU's, and allowing off -site affordable housing provision to exempt single-family
and duplex development from growth management."
ATTACHMENTS:
Exhibit A -- Proposed Resolution
Exhibit B -- Review Criteria and Staff Comments
0
Exhibit 4L
ADU Program Amendments
City Initiated
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
community benefit of Accessory Dwelling Units. Specific provisions encourage units
providing high quality living as an affordable housing alternative. No aspect of the
proposed code amendment is in conflict with other portions of the Municipal Code.
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 "buy -downs" of existing free-market residences. The
purpose of the ADU Program is to allow interspersed employee housing within existing
neighborhoods 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.
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. The proposed amendments provide certain incentives to
encourage occupancy by local working residents.
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
RESOLUTION NO 41
(SERIES OF 2001)
A RESOLUTION OF THE PLANING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, THE GROWTH
MANAGEMENT QUOTA SYSTEM, SECTION 26.470, THE METHOD OF
CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS,
SECTION 26.575.020, AND RECOMMENDING ESTABLISHING DEFINITIONS
FOR "DETACHED STRUCTURE" AND "ASPEN INFILL AREA," SECTION
26.104.100, OF THE LAND USE CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
Department to propose amendments to the Accessory Dwelling Unit Program provisions
of the land use code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.520, 26.470,
26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the 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, and 26.104.100 of the land use code of the Aspen
Municipal Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the Accessory Dwelling Unit Program on
November 6, 2001, took and considered public testimony and the recommendation of the
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, 26.575.020, and 26.104.100 of the land use
code of the Aspen Municipal Code as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Planning and Zoning Commission
Resolution No /�, Series of 2001
Page 1 '' 1
Section 1
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 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, by striking and
adding, denoted by stye and add, language to the Land Use Code as follows:
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.
Detached ADU's emulate a historic development pattern and maximize the privacy
and livability of both the ADU and the primary unit. Detached ADU's are more
likely to be occupied by a local working resident, furthering a community off
housing the workforce.
To the extent Aspen desires detached Accessory Dwelling Units which provide viable
and livable housing opportunities to local working residents, detached ADU's qualify
Planning and Z ing Commission
Resolution N , Series of 2001
Page 2
existing vacant lots of record and significant redevelopment of existing homes for an
exemption from the Growth Management Quota System. In addition, detached
ADU's deed restricted to as "For Sale" units, according to the Aspen/Pitkin County
Housing Authority Guidelines, as amended, and sold accordingto o the procedures
established in the Guidelines N4andatory Oeetipaney 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
detached ADU e-annotmay only be conveyed separate from the primary residence as
a "For Sale" Affordable Housing unit to a qualified purchasero
pursuant the Aspen/Pitkin County Housing
Authority Guidelines, as amended. and- Aan 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
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
Planning and Zoning Commission
Resolution N� , Series of 2001
Page 3
all Accessory Dwelling Units approved as a Genditie , ,' �prior to the adoption of
Ordinance No. 44, Series of 1999 , Series of 2001.
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 approvedby e
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.
3. One parking space for the ADU shall be provided on -site and shall remain
available for the benefit of the ADU resident. The parking space shall not be
stacked with a space for the primary residence.
4. The finished floor height(s) of the ADU shall be entirely above the natural or
finished grade, whichever is higher, on all sides of the structure.
5. The ADU shall be detached from the primary residence. An ADU located
above a detached garage or storage area shall qualify as a detached ADU. No
other connections to the primary residence, or portions thereof, shall qualify
the ADU as detached.
46. An ADU shall be located within the dimensional requirements of the zone
district in which the property is located.
�7. The roof design shall prevent snow and ice from shedding upon an entrance to
an ADU. If the entrance is accessed via stairs, sufficient means of preventing
snow and ice from accumulating on the stairs shall be provided.
4-.8. ADUs shall be developed in accordance with the requirements of this title
which apply to residential development in general. These include, but are not
limited to, the Uniform Building Code requirements related to adequate
natural light, ventilation, fire egress, fire suppression, and sound attenuation
between living units. This standard may not be varied.
Planning and Zoning Commission
Resolution No. �j, Series of 2001
Page 4 1 I
•
•
-7-.9. All ADUs shall be registered with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 Deed
Restrictions. This standard may not be varied.
26.520.060 Calculations and Measurements
A. Floor Area.
ADU's are attributed to the maximum allowable floor area for the given property on
which they are developed, pursuant to Section 26.575.020 Calculations and
Measurements.
B. Net Livable Square Footage.
ADUs must contain between 300 and 800 square feet of net livable floor area, unless
varied through a land use review. The calculation of net livable area differs slightly
from the calculation of Floor Area inasmuch as it measures the interior dimensions of
the unit.
26. 520.070 Deed Restrictions and Enforcement.
A. 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. The
owner shall retain the right to select a qualified renter.
A detached and permanently affordable Accessory Dwelling Units qualifying a
property for a Floor Area ExemptionBenus, pursuant to Section 26.575.020(A)(6),
shall be deed restricted as a "For Sale" Affordable Housing Unit and conveyed to a
qualified purchaser, according to the Aspen/Pitkin County Housing Authority
Guidelines, as amended.
the Aspen/Pit!Ein County HousingAuthority, e f lease periods f six � th
�, fiviisiiu va
gfeaten The owner shall retain the fight to select ., qualified re ter
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.
Planning and Zoning Commission
Resolution No., Series of 2001
Page 5
•
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26.520.080 Procedure
A. General.
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials, pursuant to Section 26.304.030. In addition, the application shall include
scaled floor plans and elevations for the proposed ADU. The application shall be
submitted to the Community Development Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or
prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with
the requirements of this section may be legalized as an accessory dwelling unit, if it
shall meet the health and safety requirements of the Uniform Building Code, as
determined by the Chief Building Official. No retro-active penalties or assessments
shall be levied against any bandit unit upon legalization.
ADUs require a separate building permit. After a Development Order has been issued
for an ADU, a building permit application may be submitted in conformance with
Section 26.304.075.
B. Administrative Review.
In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the criteria for administrative
approval. If an application is found to be inconsistent with these criteria, in whole or
in part, the applicant may either amend the application, apply for a Special Review to
vary the design standards, or apply for an appeal of the Director's finding pursuant to
Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by
the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.
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.
Planning and Zoning Commission
Resolution No., Series of 2001
Page 6
C. Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall
be reviewed as a Special Review pursuant to subsection D, below. In this case, the
Community Development Director's finding shall be forwarded as a recommendation
and a new application need not be filed.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal of
a determination made by the Community Development Director, shall be processed as
a Special Review in accordance with the Common Development Review Procedure
set forth in Section 26.304. The Special Review shall be considered at a public
hearing for which notice has been posted and mailed, pursuant to Section
26.304.060(E)(3)(b and c).
Review is by the Planning and Zoning Commission. If the property is a Historic
Landmark, on the Inventory of Historic Sites and Structures, or within a Historic
Overlay District, and the application has been authorized for consolidation pursuant to
Section 26.304, the Historic Preservation Commission shall consider the Special
Review.
A Special Review for an ADU may be approved, approved with conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose 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.
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.
Planning and Zoning Commission
Resolution No. AJ, Series of 2001
Page 7
•
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 i£
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, 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),
by striking and adding, denoted by stye and add, language to the Land Use Code as
follows:
Single-family. In order to qualify for a single-family exemption, the applicant
shall have three five (53) options:
a. a. anabove grade, detached Accessory Dwelling Unit
(ADU), pursuant to Section 26.520;
b. Providing an Accessory Dwelling Unit authorized through Special Review
to be attached and/or partially or fully sub are,pursuant to Section
26.520; or,
c. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines. as amended: or.
d_pPaying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e. Recording a Resident -Occupancy (RO) deed restriction on the single-
family dwelling unit being constructed.
2. Duplex. In order to qualify for a duplex exemption, the applicant shall have
€we -six (65) options:
Planning and Zoning Commission
Resolution No. it, Series of 2001
Page 8
a a Providing one free market dwelling unit and one deed restricted
Resident- Occupied (RO) dwelling unit with a minimum floor area of one
thousand five hundred (1,500) square feet; or,
b_b. providing either two above grade, detached
fruits Accessory Dwelling Units or and above grade, detached
accessory dwelling unit with a minimum floor area of six hundred (600)
net livable square feet, pursuant to Section 26.520; or,
c. Providing either two Accessory Dwelling Units or one Accessory
Dwelling Unit with a minimum of 600 net livable square feet authorized
through Special Review to be attached and/or partially or fully subgrade,
pursuant to Section 26.520, or,
d. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
e_d Eproviding two deed restricted Resident -Occupied (RO) dwelling
units; or
f e—Ppaying the applicable affordable housing impact fee pursuant to
the Aspen/Pitkin County Housing Authority Guidelines, as amended.
Section 3•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.104.100, which section
defines terms used in the Land Use Code, by inclusion of the following terms:
Structure detached. A structure not physically connected in any manner to
another structure, above or below ground, exclusive of utility connections.
Aspen Infill Area. That geographical area of Aspen east of Castle Creek and
south of the Roaring Fork River.
Section 4•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend 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, by striking and adding,
denoted by she and add, language to the Land Use Code 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 as described below.
Planning and Zoning Commission
Resolution No., Series of 2001
Page 9
Detached and permanently affordable ADUFloor Area ExemptionBer .
Fifty one Hundred (100-50) percent of the net livable square f o*ageFloor
Area of an ADU which is detached from the primary residence and deed
restricted as a "For Sale" affordable housing unit and transferred to a
qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authoritv Guidelines, as amended, by a dirt nee of no less than ten "n'
625 square shall be excluded from the calculation of Floor Area.
•
MWA
ffs .•
Section 5:
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 November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Planning and Zoning Commission
Resolution No. 41 Series of 2001
Page 10
Jasmine Tygre, Chair
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
MEMORANDUM
To: City Council
From: Mary Roberts
Date: August 17, 2001
Re: A essory Dwelling Unit Work Session
The Tty
Council will be discu$sing the Accessory Dwelling Unit program at a work
sessi on August 20, 2001. Accessory Dwelling Units (ADU) are currently one of
several methods to obtain an exemption from the Growth Management Quota System
(GMQS). Tht� in#c�nt of the program is to provide affordable housing scattered
throughout the community. However, there is no requirement that the ADU be occupied.
This has raised a concern about whether this program is effective in meeting the goal of
providing affordable housing.
This issue was discussed by the Housing Board at its August 1, 2001 meeting. The Board
concluded that the ADU program is an important tool for the affordable housing program
and should be continued. It made some specific recommendations regarding how to
modify the ADU program to garner more occupancy in these units. Attached to this
memorandum are the staff memorandums to the Housing Board, associated background
material, and the Draft Minutes from the 8/1/01 Housing Board meeting.
Attachments:
8/1/01 Memo to the Housing Board
8/2/96 Memo to the Aspen Planning and Zoning Commission
Chapter 26.520, Accessory Dwelling Units, Aspen Municipal Code
Section 26.470.070, GMQS, Aspen Municipal Code
Draft Minutes, 8/I/01 Housing Board Meeting
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
MEMORANDUM
To: Housing Board Date: August 1, 2001
From: Mary Roberts
Re: Accessory Dwelling Unit Requirement
BACKGROUND:
The City of Aspen allows "Accessory Dwelling Units" (ADU) under its Land Use Code "to
promote the long-standing community goal of socially, economically, and environmentally
responsible development patterns which balance Aspen the resort and Aspen the community. "
The ADU program was instituted in an effort create additional housing opportunities for working
residents of Aspen and Pitkin County. As an incentive for property owners to provide ADUs,
vacant Iots of record "prior to 1976 and redevelopment/replacement of existing single-family
homes and duplexes are exempt from the Growth Management Quota System (GMQS). In
addition, any ADUs deed restricted to mandatory occupancy permit the primary unit to be
eligible for certain floor area bonuses.
City Council has scheduled a work session on the ADU program for August 7, 2001 at 4:00p.m.
and have asked for the Housing Board's recommendation on whether ADUs should continue to
be an allowed option for an exemption from GMQS.
DISCUSSION:
There are some 242 ADUs currently approved under the City of Aspen code. Of these, only 60 -
70 have a mandatory occupancy requirement. It should be noted that these figures reflect only
APPROVED ADUs and do not indicate how many ADUs have actually been built and occupied.
According to a 1996 survey conducted by the Community Development Department, the
occupancy rate overall for ADUs was found to be approximately 50% in the City (Attachment
"A"). The ADU program has been subject to some scrutiny because of the discrepancy between
units built, occupancy of the units and the ability to fulfill the intent of the ADU program: to
provide another source of affordable housing within the community.
Accessory Dwelling Units are explicitly defined by Chapter 26.520 (Attachment `B") of the City
of Aspen Municipal Code. This section stipulates the purpose of the ADU program and when
ADUs are allowed. As well, unit size and other pertinent design standards for the ADU are
detailed. The GMQS portion of the Code explains how the exemption works (Attachment "C")
and lists several options for meeting the exemption for single-family and for duplexes. One of
the options listed under each unit type is to provide an ADU pursuant to Section 26.520.
The ADU program, under the City code, is offered by the City as an option, or a bonus, to
exempt a property from GMQS or to allow an increase in Floor Area Ratio (FAR). ADUs are
not a "right" under the zoning code and they are not something the City is obligated to provide.
As such, the City would have the right to eliminate the ADU option. Under the existing GMQS
exemptions there are, in fact, three options to receive an exemption for a qualifying single family
home. One is provision of an ADU meeting the requirements of Chapter 26.520. The other two
are payment of an affordable housing impact fee based on the Aspen/Pitkin County Housing
Guidelines, or the recordation of a Resident Occupied (RO) deed restriction on the exempt single
family home.
There are five (5) options for a duplex: one of the duplex units be an RO unit with a minimum
of 1,500 sq. ft.; provide one 600 sq. ft. ADU; provide two 300 sq. ft. ADUs; both of the duplex
units be RO; pay the applicable affordable housing impact fee.
It should be noted that ADUs have sometimes been offered and approved as part of larger
Planned Unit Development (PUD) projects. While not technically able to garner more "points"
for such a project under the GMQS rating system, these units are called ADUs and generally
must meet the provisions of Chapter 26.520. In some cases, PUD ADUs are required to have
mandatory occupancy. Thus, not all ADUs exist because of an exemption from GMQS.
In assessing whether the ADU provision of the GMQS exemption for pre-existing single family
homes and duplexes should continue, it is important to consider the intended versus real benefit
of an ADU. The stated purpose of the ADU program is to provide housing for the community's
workers. The concern is that this particular housing source is not meeting that purpose and that
other options would better serve the goal of housing. The impact fee is already an option.
Another option could be, in -lieu of the provision of an ADU, the "buy -down" of a free-market
unit to a deed -restricted unit at a specific category level.
RECOMMENDATION:
Staff feels that the effectiveness of the ADU program in meeting the housing needs of the
community is difficult to measure. The voluntary nature of the program is appealing, but it is an
unpredictable source for housing since each property owner can independently decide when and
if they want to rent the ADU. There are also logistical problems with compliance (for both the
landlord and the tenant) when units are scattered in private homes. It is much more difficult and
time-consuming to monitor compliance on such units in part because the neighbors are less likely
to be aware of what the restrictions are. There may also be unit design considerations that make
the primary residence owner unwilling to rent the ADU, preferring for it to remain unoccupied
rather than compromise their privacy.
Staff has consulted with the APCHA legal counsel on this matter. Legal counsel concurs that the
ADU program is an option that the City is not obligated to provide. Staff has also consulted with
the Community Development staff who have expressed the caution that it is preferable to provide
applicants with several options in order to encourage their acceptance of the exemption.
Staff recommends that the ADU option be eliminated. Options that could be considered to
replace the ADU option are:
1. Option to "buy -down", and deed restriction to a specific Category, of an existing free
market unit meeting the approval of the APCHA;
2. Option to "buy -in" to a publicly subsidized affordable housing project at the subsidy
rate; or
3. Further investigate mandatory occupancy requirements for ADUs.
It should be noted that the ADU option does not need to be replaced with any new option,
however staff feels that options 1 and 2 above would work to achieve the original intent of the
ADU program and the GMQS exemption.
�FI'f�tGHM6NTj%c g c
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Dave Michaelson, Deputy Director
DATE: April 2, 1996
RE: Conclusions and Recommendations from The Accessory Dwelling Unit
(ADU) Survey
SUMMARY: Due to uncertain information regarding the utilization of ADUs, the Planning
Commission directed staff to conduct a survey of existing units to determine construction and
occupancy rates. In January of 1996, George Krawzoff completed a survey of the 81 known
approvals for ADUs following the implementation of Ordinance 1, and provided a summary to
staff. The preliminary results were of concern due to the return of only 30 responses (37%).
The Housing Office and George refined the results of the survey by referencing building permit
files to determine if these units had been completed.
Staff has included the survey and research results as Exhibit A. Dave Tolen from the Housing
Office has also responded to the conclusions of the survey, and his March 27, 1996 memo is
attached as Exhibit B. Staff agrees with the Housing Office perspective that although the
program is not perfect, it should be continued. Planning staff has suggested some changes that
may improve the livability and potential occupancy rates of the unit.
Conclusions from Survey: Staff has summarized the more important elements of the survey
results below:
• The Housing Office and George are both confident that the qualifying tenant occupancy rate
is near 50%.
• Property owners have significant concern regarding the potential for additional regulatory
approaches, including mandatory rentals and the potential for management by the Housing
Office.
• The majority of units (58%) are in the range of 300 to 500 square feet, with 40% of units
greater than 500 square feet.
• Over 35 % of units are below -grade, and only 11 % are detached from the primary residence.
Comments from the Housing Office: Dave Tolen has responded to the Planning Commission's
request to summarize the Housing Office's position on the ADU program based on the survey
results (see Exhibit B). Dave's response frames his position in light of the ability of the public
sector to produce housing when compared to even a 50% occupancy rate. For example, the
Benedict Commons project produced 27 studio and one -bedroom units at a cost of $1.7 million.
The ADU program, which was started in 1990, has produced 23 occupied rental units, which are
more affordable than the Benedict units, at no cost to the public sector. Staff is in agreement
with Dave's conclusions, primarily based on the ability of the ADU program to produce
affordable units in the City. Dave goes on to suggest that further regulation or intervention by
the Housing Office or Community Development is not necessary, and in fact may be counter-
productive. He suggests that local property management firms may be a tool to market units that
are currently unoccupied.
Staff Recommendations: Based on conversations internally and with the Housing Office, staff
would suggest that although not a perfect system, the ADU program creates more units faster and
more efficiently than if the City relied on cash -in -lieu to produce affordable units. However,
staff would suggest that the livability and neighborhood impact criteria could be improved. Staff
would suggest the following modifications to the ADU program be considered by the
Commission:
1. All ADUs should be above -grade or at garden level;
2. All ADUs should have exclusive access, and not be internally linked to the primary
structure;
3. As is required by Ordinance 30, all one bedroom and studio units shall provide one on -
site parking space;
4. Private property management firms should be approached to assist in marketing these
units to encourage full utilization of existing ADUs.
If these requirements were not met, the applicant would be required to pay the applicable cash -
in -lieu.
Staff has also attached several pie charts depicting the data from the survey.
Exhibits
"A" - Survey Results Memo from George Krawzoff
"B" - Memo from Dave Tolen
2
26.520.010
Chapter 26.520
ACCESSORY DWELLING UNITS
Sections:
26.520.010
Purpose.
26.520.020
General.
26.520.030
Authority.
26.520.040
Applicability.
26.520.050
Design Standards.
26.520.060
Calculations and Measurements.
26.520.070
Deed Restrictions and Enforcement.
26.520.080
Procedure.
26520.090
Amendment of an ADU Development Order.
26520.010 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 pat-
terns 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 "em-
ployee housing." ADUs also help to address the affects of existing homes, which have pro-
vided 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 prop-
erty in their absence. Increased employee housing opportunities in close proximity to employ-
ment and recreation centers is also an environmentally preferred land use pattern which re-
duces automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable hous-
ing opportunities to local working residents, ADUs 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 contigu-
ous 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 inter-
est separate from the primary residence, and an ADU shall not be considered a unit of density
(Aspen 4M) 678
• 0 26.520.030
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). Acces-
sory dwelling units also may not be used to meet the requirements of Chapter 26.530 "Resi-
dential Multi -Family Housing Replacement Program." All ADUs shall be developed in con-
formance 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 con-
solidated application process, authorized by the Community Development Director, requiring
consideration by the Historic Preservation Commission, the Historic Preservation Commission
shall approve, approve with conditions, or disapprove the variation, pursuant to Section
26.520.080, Special Review.
26.520.040 Applicability.
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26.710, and to all Accessory Dwell-
ing 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, pursu-
ant 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;
679 (Aspen 4/00)
9 • 26.520.080
• 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 As-
pen/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 Ac-
cessory 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 re-
striction 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 require-
ments 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 Offi-
cial. No retro-active penalties or assessments shall be levied against any bandit unit upon le-
galization.
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.
681 (Aspen 4/00)
•
0 26.520.090
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 ser-
vices, 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 De-
sign Standards. Any un-approved variations from these standards shall be remedied or ap-
proved 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 ex-
ceed 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 restric-
tion 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.
Ord. No. 44-1999 § 1
683 (Aspen 4/00)
W"Mt&
26.470. 070
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, pro-
vided that the structure is designated as an historic landmark in its new location and all neces-
sary development approvals are obtained from HPC and the Planning and Zoning Commis-
sion.
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 (See Chapter 26.530), and Sections 26.470.070(A)(1) and (2), above.
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 ex-
empt from the growth management competition and scoring procedures.
B. Detached single-family or duplex dwelling unit. The following shall be exempt from the
growth management scoring and competition procedures: 1) the construction of one or two de-
tached 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 26.480.020(E), or
2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or
3) 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 not be deducted from the respective annual development al-
lotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development
ceilings established pursuant to Section 26.470.030. Exemption review is by the Community De-
velopment Director. This exemption shall be granted only if the following standards are met.
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) op-
tions:
611 (Aspen 4/p0)
26.470.070 • •
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) 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 Sec-
tion 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.
C. Historic* Y ndmark Lot Split. The construction of each new single-family dwelling on a lot
created throug-a Historic Landmark Lot Split pursuant to Section 26.480.030(E). This exemption
shall not be deducted from the respective annual development allotments established pursuant to
Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to
Section 26.470.030. Exemption review is by the Community Development Director. This exemp-
tion shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met.
D. Historic landmarks.
1. Change of use. The change of use of an historic landmark that does not increase the build-
ing's existing floor area ratio shall be exempt. This exemption shall not be deducted from the
respective annual development allotments or from the Aspen Metro Area development ceil-
ings. Exemption review is by the Community Development Director.
2. Enlargements for additional dwelling and tourist accommodations units. The enlargement
of an historic landmark that develops, on a maximum cumulative basis:
(a) not more than one residential dwelling or three hotel, lodge, bed and breakfast, board-
inghouse, roominghouse or dormitory units. This exemption shall be deducted from the re-
spective annual development allotments and from the Aspen Metro Area development. Ex-
emption review is by the Community Development Director.
(b) more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and
breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This ex-
emption is not deducted from annual allotments or from Aspen Metro Area ceilings. Re-
view is by Growth Management Commission. The applicant shall demonstrate that as a re-
sult of the development, mitigation of the project's community impacts will be addressed
by the standards set forth at sub -Section 5, below.
(Aspen 4100) 612
O�PFt
•
•
Burson made a motion to allow an additional capital improvement up to
$30,000 for the entire roof replacement, but that this capital improvement
will be depreciated over the life of the roof's warranty; Goshorn seconded
the motion. ROLL CALL VOTE: Guthrie, Elliott, Roy, Goshorn, Knowlton,
Semrau and Burson voted yes. Motion passed.
VIII. DISCUSSION ITEM - Accessory Dwelling Units vs. Payment -in -Lieu: Roberts
stated that this was put in place to help Aspen provide additional affordable housing
units and reach the community goal to house 60% of the employees within the area
stated in the Aspen Area Community Plan (AACP). However, the majority of the units
are not being used to house employees. Chris Bendon, City Long -Range Planner for
the Community Development Department, stated that the units require mandatory
occupancy if the development requests an FAR bonus. There is not a maximum rent
that can be charged on these units.
Burson made a motion to eliminate the ADU program and that the funds obtained
by payment -in -lieu be provided into buying other infill and buydown units with
the townsite; Elliott seconded the motion. ROLL CALL VOTE: Roy, Guthrie,
Knowlton, Semrau, Goshorn voted no; Elliott and Burson voted yes. Motion
failed.
After further discussion, Guthrie made a motion to recommend to City Council to
allow someone to provide an ADU with specific conditions, or satisfy the
mitigation with another option as stated below:
1. The mitigation shall be satisfied by providing an ADU, but the ADU must be
in a separate structure; or
2. The mitigation shall be satisfied by selling the unit to the City/Housing
Authority for around $100,000 and the City/Housing Authority will deed
restrict the unit and manage the unit; or &We
3. The mitigation shall be satisfied by providing a buydown unit approved by the
Housing Authority, with the unit to be located between the mountain and the
rivers within Aspen; or
4. The mitigation shall be satisfied by a payment -in -lieu fee, with this fee
going into a specific fund to provide infill affordable housing.
Roy seconded the motion. ROLL CALL VOTE: Roy, Guthrie, Knowlton, Elliott,
Semrau, Goshorn voted yes; Burson voted no. Motion passed.
IX. EXECUTIVE SESSION: The Board went into an Executive Session to discuss
potential litigation and potential property acquisition. The Board came out of
Executive Session.
Aspen/Pitkin County Housing Authority Minutes
August 1, 2001 DRAFT Page 4
NEw U"AN NEws `
Grannyflats add flexibility and affordability
y
In several new urban communities, accessory dwelling units are strong sellers and offer benefits to both home owners
and developers.
Accessory dwelling units (ADUs)
appear under many aliases —
granny flats, garage apartments, car-
riage houses, ancillary units — and
they almost invariably show up on a
checklist of what sets new urban com-
munities apart from conventional sub-
divisions. They are by no means ubiq-
uitous, but developers from diverse
projects report that granny flats have
become a popular amenity and an im-
portant selling point. For an overview
of selected projects with ADUs, along
with financial, regulatory, and other
details on these units, see accompany-
ing New Urban News table.
For some home owners, the most
attractive aspect of ADUs is the po-
tential for extra income from renting
out the unit. Other home owners view
the extra space as a flexible addition
that can be used as a home office, as
lodging for teenage children or eld-
erly family members, or as a guest
room with great privacy.
From a developer's perspective,
ADUs provide an extra tier of hous-
ing options — affordable units that
can attract people from diverse age
and income groups. Another benefit
is safer and more lively alleys. With
more "eyes on the street," children
and adults are more likely to use the
alley for play and socialization.
HIGHER DENSITY
Moreover, "accessory units are an
easy way to get more people in the
same area and therefore support low
vehicle miles traveled and all of the
good environmental outcomes from
density," says developer Bob
Chapman. "Accessory units offer
density without making the street ap-
pear overbuilt." In the infill project
Trinity Heights, which Chapman is
Accessory dwelling units (ADUs) in selected projects
developing with architect Milton
Grenfell, garage apartments have
been added to 15 of the 24 single
homes. Because Chapman and
Grenfell want to encourage builders
— who generally have no experience
with granny flats — to construct
ADUs, they offer a financial incen-
tive. Instead of charging builders a
per lot fee, the developers ask for 17
percent of the home sale price. For
the ADU upgrade, however, builders
are assessed only 6 percent of the
sales revenue.
Regulations vary on ADUs, but
there are a few ground rules that ap-
ply in most cases. The unit must be
under the same ownership as the
principal building, and there is typi-
cally a requirement for at least one
extra off-street parking space. In most
projects, the units are considered part
of the main house and do not count
Project/
Location
ADUs
built
As % of
all SF'
homes
Average
size
Cost of upgrade
Monthly
rental
Count
toward
density?
Parking
requirements
Where are
ADUs allowed?
Amelia Park/
27
33%
500 sq.ft.
$43,000-$65,000
$600-$750
No
1 off-street pad
All lots
Fernandina Beach, FL
Courtside Village/
50
18%
600 sq.ft.
$35,000 (included
$850-$900
No
1 off-street pad
All detached home
Santa Rosa, CA
in home price)
alley lots
Fairview Village/
50
18%
600 sq.ft.
$20,0001
$500-$700
No
None
All lots (limited to
Fairview, OR
50% of homes)
Highlands Garden
20
40%
425 sq.ft.
$60,000-$65,000
$650-$750
No
1 carport
All detached home lots
Village/ Denver, CO
(limited to 40%)
Hometown Oswego/
5
10%
500 sq.ft
$40,000
None are rented
No
1 off-street pad
All detached home lots
Oswego, IL
(limited to 25%)
Kentlands/
45
4%
600 sq.ft.
$30,000
$900
Yes'
1 off-street space
All lots
Gaithersburg, MD
Orenco Station/
27
15%
400 sq.ft
$40,000-$50,000
$500-$700
Yes
1 off-street space
All detached home lots
Hillsboro, OR
Prospect/
40
36%
650 sq.ft.
$35,000450,000
$1,000
Yes
2 off-street spaces
All detached home lots
Longmont, CO
Southern Village/
5
1 %
500 sq.ft.
$50,000
$500-$600
Yes
1 off-street space
All lots 50 feet wide or
Chapel Hill, NC
above
Trinity Heights/
15
62%
500 sq.ft.
$37,000-$43,000
$650-$700
No
1 off-street space
All detached home lots
Durham, NC
'Single-family. 2 This amount assumes that the decision to build an ADU is made before the garage is built. 3 An ADU from 0 to 699 square feet counts as a 114 dwelling
unit; larger units count as 112 and 314.
DECEMBER2001
toward the overall density. "We were
very serious about this during permit-
ting," says Joel Embry, developer of
Amelia Park in Fernandina Beach,
Florida. "To count a garage apartment
as a separate dwelling unit raises the
public's impression of the density in
a way that it is not actually occur-
ring." In most projects, ADUs are re-
stricted to specific lots or housing
types, but these rules vary consider-
ably (see table).
ADUs are generally not counted
toward maximum density require-
ments, and Chapman explains why.
"The developer will always choose to
make $20,000 on a house rather than
$4,000 on a garage apartment. So you
kill any chance of them being built if
they are included."
THE PROSPECT EXAMPLE
One exception to the rule is Pros-
pect, a project in Longmont, Colo-
rado. According to developer Kiki
Wallace, the city can collect extra
impact fees by counting the garage
apartments as independent dwell-
ings. The typical impact fee for a
home in Prospect is $18,000, and an
ADU can put in another $6,000 in city
coffers. "It works out just fine, be-
cause I have 570 density units for 80
acres and I am not going to use them
all," Wallace says.
While he had no problems getting
permission to build ADUs, the city
has struggled with keeping track of
the extra units and therefore discour-
age other developers from including
them in new projects. "It was painful
for the city to begin with," Wallace
says, but it now has a system that pre-
vents ADUs, and the impact fees,
from falling through the cracks.
Despite high impact fees, ADUs
have been very successful in Prospect
— out of the approximately 110
homes completed, 40 have finished
garage apartments. Builders usually
include an unfinished shell above the
garage, and charge about $50,000 for
the average upgrade. Most units are
in the 650 sq. ft. range, but one 950 sq.
ft. unit has been built over a three -car
garage.
With an average rent of $1,000, the
income potential has become a major
Granny flats come in a
great variety of
configurations. The unit
in Courtside Village,
above left, has a
separate entrance
facing the parking pad.
Flats in Fairview
Village attatch to both
single-family homes,
right, and to live/work
units, above right.
driver for the ADUs, Wallace says.
"Most people have the idea that they
are going to use it for a home office.
About half build it for that reason, but
I'd say that all of them end up rent-
ing it out."
Some public agencies that seek to
encourage granny flats, but do not
wish to give an open-ended permis-
sion, have simply capped their con-
struction at a certain percentage of
home sites. Such restrictions are
placed on Fairview Village, High-
lands Garden Village, and Hometown
Oswego.
HELP WITH THE
MORTGAGE
The benefit to the home owner can
be substantial. In Courtside Village,
a neighborhood in Santa Rosa, Cali-
fornia, garage apartments are in-
cluded with every single-family home
located on an alley. To date, 50 units
have been completed, and developer
and designer Alan Cohen estimates
that half the 600 sq. ft., one -bedroom
apartments are rented out at a rate of
$850 to $900. The alley homes cur-
rently sell for $390,000, including the
ADU. Assuming a 15 percent down
payment and a 30-year mortgage at 7
percent, Cohen calculates the
monthly mortgage to be $2,205. A
rental fee of $900 covers 41 percent of
the mortgage. Cohen adds that con-
ventional developers in the area have
noticed the success of Courtside's
ADUs, and have begun to build them
in other subdivisions.
However, the calculation of more
interest might be whether the rental
covers the extra cost of the upgrade.
In Trinity Heights, the addition of a
garage and an apartment costs from
$37,000 to $43,000 (the price of the
garage alone is about $15,000). Since
the apartments rent out for $700/
month, the home owner can recoup
about double the mortgage on the
ADU while paying for the two -car
garage simultaneously — one reason
for the units' popularity. The upgrade
cost in Trinity Heights is at the lower
end, however. Typically, the price of
the garage is included in the price of
the primary structure, and upgrades
range from $40,000 to $65,000. Nev-
ertheless, rental fees typically cover
the extra monthly mortgage for the
ADU, and then some.
Developers are also seeing ex-
amples of home owners who move
into the garage apartment and rent
out the principal building. This strat-
egy works as a holding pattern for
people who plan to retire to Amelia
Park, for example. The garage apart-
DECEMBER 2001
ment becomes a weekend home,
while the principal townhouse is a
steady source of income until retire-
ment.
ACCESS AND AMENITIES
Developers and builders use a va-
riety of strategies for access to ADUs.
In Orenco Station (Hillsboro, Oregon)
the choice of exterior stairs allows for
the addition of a small porch in front
of the first -floor entrance to the unit.
Some entrances face the side yard of
the home, while those at the end of
blocks face the street. "These are bet-
ter, for a home office or a rental," says
Mike Mehaffy of PacTrust, the devel-
oper.
In Courtside Village, the stairs are
internal, and the entrance faces the
extra parking pad off the alley. This
offers homeowners and tenants the
greatest degree of privacy. An un-
usual approach is used in the largest
units in Amelia Park, those built over
attached, three -car garages. They
come with a separate entrance within
the garage, where one of the parking
spaces is reserved for the tenant.
The basic amenities in most ADUs
include a bedroom, a bath, and a small
kitchen. Many developers offer a
range of options, from loft units to
more highly finished versions with
separate rooms. Hometown Oswego
in Illinois has a few 500 sq. ft. units
that feature a kitchen, separate living
Garage apartment styles:
the examples are from
Orenco Station, above left,
and Prospect.
rooms and bedrooms, and walk-in
closets. "People love them, " says de-
veloper Perry Bigelow, "it's the most
efficient use of space we offer."
Municipal regulations are a poten-
tial hurdle for developers. Even
though Trinity Heights is an infill
project in the City of Durham, the city
charter had to be amended to allow
accessory units to be built. Even with
this amendment, the local law stated
that the units could not be within 15
feet of the property line, even at the
back alley. This shifted the units to-
ward the middle of the lot, reducing
ADU according to the Smart Code
nciUary unit defined: an apart-
ment not greater than 600 square
feet sharing utility connections with a
principal building. It may or may not
be a separate building. Ancillary units
do not count toward maximum den-
sity calculations.
Ancillary units are allowed in all
tiers of the Transect, from rural to core,
under the following restrictions. Rural
and Sub- urban tiers: Each lot may have
one principal and one ancillary build-
ing, with two assigned parking spaces
for each. Both dwellings shall be under
the same ownership. The habitable area
of the ancillary dwelling shall not ex-
ceed 500 square feet. General tier: Each
lot may have one principal and one an-
cillary building, with 1.5 assigned park-
ing spaces for each. Both dwellings
shall be under the same ownership. The
habitable area of the ancillary dwelling
shall not exceed 500 square feet. Cen-
ter and Core tiers: 1.5 parking spaces
are assigned to each unit, a ratio which
may be reduced according to shared
parking standards.
— From The Smart Code by Duany
Plater-Zyberk & Co.
usable yard space. (Fortunately, Trin-
ity Heights lots are 140 feet deep).
In Portland, on the other hand, the
regional planning authority now al-
lows ADUs in all area jurisdictions.
"It is expected to help with the sup-
ply of affordable residences and to
contribute to a more resource -effi-
cient development pattern," Mehaffy
explains.
Tucked away behind homes, ADUs
tend to fly under the radar, but in the
projects where they have taken hold,
developers are uniformly positive
about their impact. "They are one of
our real success stories," says Rick
Holt, one of the developers of
Fairview Village near Portland, Or-
egon. "We've added them to
rowhouses as well as single-family
homes and they have introduced a
greater blend of people in our com-
munity." Ninety percent of the ADUs
in Fairview Village are rented out.
"In Amelia Park, we are discover-
ing that when people live in the ga-
rage apartments, the alley thrives as
a civic location," Embry says. "Also,
we are achieving the mix of
affordability that we want on an
inclusionary basis, rather than
through the pods of the conventional
subdivision. It's a practical way of
achieving one of the more elusive
goals of the New Urbanism."
DECEMBER 2001
10