HomeMy WebLinkAboutresolution.apz.024-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE
ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, APPROVE AN
AMENDMENT TO THE GROWTH MANAGEMENT QUOTA SYSTEM,
SECTION 26.470 OF THE LAND USE CODE, APPROVE AN AMENDMENT TO
THE ZONE DISTRICT ESTABLISHED IN SECTION 26.710, APPROVE AN
AMENDMENT TO THE DEFINITION OF "ACCESSORY DWELLING UNIT,"
SECTION 26.104.100 OF THE LAND USE CODE, APPROVE AN AMENDMENT
TO THE OFF-STREET PARKING REGULATIONS, SECTION 26.515.030 OF
THE LAND USE CODE AND APPROVE AN AMENDMENT TO SPECIAL
REVIEW, SECTION 26.430 OF THE LAND USE CODE.
Resolution #99 - 24
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Planning Director of the Community Development
Department to propose amendments to the Accessory Dwelling Unit Program provisions
of the land use code pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to Sections 26.520, 26.470,
26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal
Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the 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, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use
code of the Aspen Municipal Code a~ described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the existing and proposed Accessory Dwelling Unit Program on August 3, 1999,
and continued the hearing to August 24, 1999, took and considered public testimony and
the recommendation of the Planning Director and recommended, by a six to zero (6-0)
vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to
the land use code by amending the text of sections 26.520, 26.470, 26.710, 26.104.100,
26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described
herein.
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NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Aspen City Council should adopt the Accessory Dwelling Unit Program by
amending the Land Use Code of the Municipal Code, as follows:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council replace Section 26.520 Accessory
Dwelling Units, in total, with the following language:
26.520
Accessory Dwelling Units
26.520.010
26. 520.020
26.520.030
26. 520.040
26. 520.050
26. 520.060
26. 520.070
26.520.080
26.520.090
Purpose
Definition
Authority
Applicability
Design Standards
Calculations and Measurements
Deed Restrictions, Recordation, Enforcement
Procedure
Amendments
26.
520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-
standing community goal of socially, economically, and environmentally responsible
development patterns which balance Aspen the resort and Aspen the community.
Aspen values balanced neighborhoods and a sense of commonality between working
residents and part-time residents. ADUs represent viable housing opportunities for
working residents and allow employees to live within the fabric of the community
without their housing being easily identifiable as "employee housing." ADUs also
help to address the affects of existing homes, which have provided workforce
housing, being significantly redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the
town and providing a critical mass of local residents important to preserving Aspen's
character. ADUs allow second home owners the opportunity to hire an on-site
caretaker to maintain their property in their absence. Increased employee housing
opportunities in close proximity to employment and recreation centers is also an
environmentally preferred land use pattern which reduces automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and
livable housing opportunities to local working residents, ADU's deed restricted to
mandatory occupancy provide for an exemption from the Growth Management Quota
System for existing vacant lots of record and for significant redevelopment of existing
homes.
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26. 520.020 General
An Accessory Dwelling Unit, or ADU, is a separate dwelling trait incidental and
subordinate in size and character to the primary residence and located on the same
parcel or on a contiguous lot under the same ownership. A primary residence may
have no more than one ADU. An ADU may not be accessory to another ADU.
An ADU cannot be conveyed as a property interest separate from the primary
residence, and an ADU shall not be considered a unit of density with regard to
zoning requirements. All ADUs shall be developed in conformance with this
Section.
26. 520.030 Authority.
The Community Development Director, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall approve, approve with conditions, or disapprove a land use
application for an Accessory Dwelling Unit.
An appeal of the Community Development Director's determination shall be
considered by the Planning and Zoning Commission and approved, approved with
conditions, or disapproved, pursuant to Section 26.520.080.
A land use application requesting a variation of the ADU design standards shall be
approved, approved with conditions, or disapproved by the Planning and Zoning
Commission, pursuant to Section 26. 520.080.
If the land use application requesting a variation of the ADU design standards is part
of a consolidated application process, authorized by the Community Development
Director, requiring consideration by the Historic Preservation Commission, the
Historic Preservation Commission shall approve, approve with conditions, or
disapprove the variation, pursuant to Section 26.520.080.
26. 520.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an
Accessory Dwelling Unit is a permitted use, as designated in Section 26.710, and
to all Accessory Dwelling Units approved as a Conditional Use prior to the
adoption of Ordinance , Series of 1999.
26.520.050
Design Standards
All ADUs shall conform to the following design standards unless otherwise
approved, pursuant to Section 26.520.080 Procedure:
An ADU must contain between 300 and 800 net livable square feet, 10% of
which must be closet or storage area.
An ADU must be able to function as a separate dwelling unit. This includes
the following:
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a) An ADU must be separately accessible. This does not preclude a
second interior entrance to the primary residence;
b) An ADU must have separately accessible utilities. This does not
preclude shared services;
c) An ADU shall contain a kitchen 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 contaifl 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.
An ADU shall be located within the dimensional requirements of the zone
district in which the property is located.
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.
ADUs shall be developed in accordance with the requirements of this title
which apply to residential development in general. These include, but are not
limited to, the Uniform Building Code requirements related to adequate
natural light, ventilation, fire egress, fire suppression, and sound attenuation
between living units. This standard may not be varied.
All ADUs shall be registered with the Housing Authority and the property
shall be deed restricted in accordance with Section 26.520.070 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 bet~veen 300 and 800 square feet of net livable floor area,
unless varied through a land use review. The calculation of net livable area differs
slightly from the calculation of Floor Area inasmuch as it measures the interior
dimensions of the unit.
26. 520.070 Deed Restrictions, Recordation, and Enforcement,
A. Deed Restrictions.
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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 AsperdPitkin County
Housing Authority Guidelines. Leases must be recorded with the Housing
Authority.
Accessory Dwelling Units qualifying a property for an exemption from the Growth
Management Quota System, pursuant to Section 26.470.070(B), shall be deed
restricted to Mandatory Occupancy. This additional restriction requires the ADU be
continuously occupied by a local working resident, as defined by the Aspen/Pitkin
County Housing Authority, for lease periods of six months or greater. The owner
shall retain the right to select a qualified renter.
The AsperdPitkin County Housing Authority shall provide a standard form for
recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be
recorded with the Pitkin County Clerk and Recorder prior to an application for a
building permit may be accepted. The book and page associated with the recordation
shall be noted in the building permit plans for an ADU.
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26. 520.080 Procedure
A. General
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU Program.
A development application for an ADU shall include the requisite information and
materials, pursuant to Section 26.304.030. In addition, the application shall include
scaled floor plans and elevations for the proposed ADU. The application shall be
submitted to the Community Development Department.
An application to legalize a Bandit Unit shall include the same information and
materials described above and shall be reviewed pursuant to this Section.
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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 Developmem Order for an ADU, the Community Developmem
Director shall find the ADU in conformance with the criteria for administrative
approval. If an application is found to be inconsistent with these criteria, in whole or
in part, the applicant may either amend the application, apply for a Special Review to
vary the design standards, or apply for an appeal of the Director's finding pursuant to
Subsection C, below.
An application for an ADU may be approved, approved with conditions, or denied by
the Community Development Director based on the following criteria:
1. The proposed Accessory Dwelling Unit meets the requirements of Section
26.520.050, Design Standards.
2. The applicable deed restriction for the Accessory Dwelling Unit has been
accepted by the Aspen/Pitkin County Housing Authority and the deed restriction
shall be recorded prior to an application for a building permit.
¢. Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director,
shall be reviewed as a Special Review pursuant to subsection C, below. In this
case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
D. Special Review.
An application requesting a variance from the ADU design standards, or an appeal of
a determination made by the Community Development Director, shall be processed as
a Special Review in accordance with the Common Development Review Procedure
set forth in Chapter 26.304. Review is by the Planning and Zoning Commission. If
the property is a Historic Landmark, on the Inventory of historic Sites and Structures.
or within a Historic Overlay District, and the application has been authorized for
consolidation pursuant to section 26.304, the Historic Preservation Commission shall
consider the Special Review.
A Special Review for an ADU may be approved, approved with conditions, or denied
based on conformance with the following criteria:
1. The proposed ADU is designed in a manner which promotes the purpose of the
ADU program, promotes the purpose of the zone district in which it is proposed,
and promotes the unit's general livabiIity; and,
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The proposed ADU is designed to be compatible with, and~subordinate in
character to, the primary residence considering all dimensions, site configuration,
landscaping, privacy, and historical significance of the property; and;
The proposed ADU is designed in a manner which is compatible with or enhances
the character of the neighborhood considering all dimensions, density, designated
view planes, operating characteristics, traffic, availability of on-street parking,
availability of transit services, and walking proximity to employment and
recreational opportunities.
E. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy for an ADU, the Aspen/Pitkin County
Housing Authority, or the Chief Building Official, shall inspect the ADU for
compliance with the Design Standards. Any un-approved variations from these
standards shall be remedied or approved pursuant to this chapter prior to issuance of a
Certificate of Occupancy.
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 Conuuunity Dev61opment 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 AsperffPitkin County Housing
Authority.
B. Other Amendments.
All other amendments to an approved development order for an Accessory
Dwelling Unit shall be reviewed pursuant to the terms and procedures of this
Section.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470.070(B),
subparagraphs 1 and 2, as denoted by the inclusion of the following underlined language:
1. Single-family. In order to qualify for a single-family exemption, the applicant shall
have three (3) options:
a. providing an Accessory Dwelling Unit (ADU) deed restricted to Mandatory
Occupancy, pursuant to Section 26.520;
b. paying the applicable affordable housing impact fee; or
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c. recording a resident-occupancy deed restriction on the single-family dwelling
unit being constructed.
Duplex. In order to qualify for a duplex exemption, the applicant shall have five
(5) options:
a. providing one free market dwelling unit and one deed restricted, resident-
occupied dwelling unit with a minimum floor area of one thousand five hundred
(1,500) square feet:
b. providing two free market dwelling units and one accessory dwelling unit
with a minimum floor area of six hundred (600) square feet deed restricted to
Mandatory Occupancy, pursuant to Section 26.520;
c. providing two free market dwelling units and two Accessory Dwelling Units,
each with a minimum floor area of three hundred (300) square feet deed
restricted to Mandatory Occupancy, pursuant to Section 26.520;
d. providing two deed restricted, resident-occupied dwelling units; or
e. paying the applicable affordable housing impact fee.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.430.030 Special
Review with the addition of the following language, denoted by add:
Special review shall apply to all development in the City of Aspen designated for
special review by the following Chapters or Sections of this Title:
· Dimensional requirements (Chapter 26.710 - Zone Districts),
· Replacement of non-conforming structures ( Chapter 26.312)
· Reduction of open space requirements in CC zone district (Section
575.030(B)),
· Off-street parking requirements (Section 26.515.040),
· Reductions in the dimensions of utility/trash service areas (Section
26.575.060),
· Subdivision standards (Section 26.480.050).
· Accessory Dwelling Unit Design Standards (Section 26.520)
Section 4:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Plarming and Zoning
Conmaission hereby recommends City Council amend Section 26.430.030 Special
Review with the addition of the following language, denoted by add:
H. Accessory Dwelling Unit Design Standards. Whenever a special review is
conducted to determine a change in the design standards required for Accessory
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Dwelling Units, it shall be considered in accordance with the standards set forth at
Section 2&520.080(D).
Section 5:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend the definition of "Accessory
Dwelling Unit," Section 26.104.100 by striking, as denoted by s~!:e, language to the
definition of the term as follows:
Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or
detached from a principal residence situated on the same lot or parcel, and which
meets' the occupancy, dimensional and other requirements set forth in Section
26.520.040 of this Title.
Section 6:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.515.030 Required
Number of Off Street Parking Spaces by striking and adding, denoted by str;_!ce and add,
language to the note, denoted by an asterisk (*), regarding the requirement for residential
uses:
*For single-family and duplex residential use and multi-family use: two (2)
spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to
Chapter 25.430 for historic landmarks only, and fewer spaces may be provided
pursuant to Chapter 26.4~520, for accessory dwelling units only. One (1)
space/dwelling unit is required if the unit is either a studio or one-bedroom unit.
Section 7:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.710 Zone Districts by
striking and adding, denoted by s~!ke and add, language to following zone districts:
26.710.040
2&710.050
26.710.060
26.710.080
'26.710.090
26.710.100
26.710.130
26.710.140
26.710.150
26.710.180
Medium-Density Residential (R-6).
Moderate-Density Residential (R- 15).
Moderate-Density Residential (R-15A).
Low-Density Residential (R-30).
Residential Multi-Family (R/MF).
Residential/Multi-Family (R/MFA).
Rural Residential (RR).
Commercial Core (CC).
Commercial (C- 1).'
Office (O).
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26.710.190 Lodge/Tourist Residential (L/TR).
26.710.220 Conservation (C).
Permitted Use: Accessor7 Dwelling Units meting the provisions of Section
26.520.
Section 8:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and
Zoning Commission hereby recommends City Council amend Section 26.710
Zone Districts by adding, denoted by add, language to following zone districts:
26.710.110
26.710.120
Affordable Housing/Planned Unit Development (AH1/PUD).
Residential Mobile Home Park (MHP).
Permitted Use: Accessory Dwelling Units meting the provisions of Section
26.520.
Section 9:
Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this
resolution by the Planning and Zoning Commission shall not be considered a
pending ordinance.
APPROVED by the Commission during a public hearing on August 24, 1999.
APPROVED AS TO FORM:
Cit~ Attomey X/
ATTEST:
/~ckie Loth/an, Deputy City Clerk
PLANNING AND ZONING
COMMISSION:
Robert Blaich, Chair
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