HomeMy WebLinkAboutagenda.apz.19990406 AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, APRIL 6, 1999, 4:15 PM
COUNCIL CHAMBERS, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. DECLARATION OF CONFLICTS OF INTEREST
IV. WORK SESSION (with City Council)
A. Accessory Dwelling Units, Chris Bendon
Regular meeting will begin at 5:30prra
V. PUBLIC HEARING
A. 855 Bay Street: Stream Margin Review, Conditional Use for an ADU,
Residential Design Variances, Mitch Haas (continued to April 13, 1999)
B. Melville Conditional Use for an ADU, 1290 .Snowbunny Lane, Chris Bendon
C. Land Use Code Revisions, Julie Ann Woo~
VI. ADJOURN
March 29, 1999
To: Planning & Zoning Commission
From : Bob Blaich
Re: Golf Course
Blaich Associates
Design Management Consultants
319 North Fourth Street
Aspen, 8161 1, Colorado, U.S.A.
Tel. 970-920 9276
Fax 970-920 3433
As suggested by Amy Margerum, I have been in contact with William Fales
the Chairman and John Starr of the open space and trails board. I had
proposed that 2 members of each commission ( legal limit for a non public
meeting) meet to discuss possible solutions to this idea. Fales indicated that
he would not want to meet but would discuss it one on one over the phone,
Which we did.
He pointed out the legal mandate of their commission;
1. Any change must be approved by the voters of Pitkin County.
2. Any replacement parcel must have equal or better economic and
ecological value.
The major hurdles are:
1. Meeting their mandate
2.The Moore property is their largest purchase to date, ans all the values
surrounding that purchase are still valid. He has great reluctance to change
the rules on the Moore property. Also Tom Moore has to agree.
2. A vote is coming up to re -authorize the open space program. He feels that
to put a vote on the ballot to make a trade involving. Moore could be a
conflict, and could put the vote in jeopardy.
3. They have a long term commitment to the people who give open space
and to make a deal after the fact is a problem.
Bill does not want to get involved in anything that would grt press coverage
at this time.
John Starr is open to conversation and feels that the City Council did a
"quick shuffle" and put the Open Space Board in the cross -hairs on this
issue. He went out of town after our telephone discussion and will be back
next week.
You are all aware of the Times editorial of March 261h. supporting our actions
and Mick Ireland's letter in the Sunday March 281h. Weekend.
Tim Semrau has raised the question of responding to Mick's letter either
individually or collectively. Any of us is free to respond to him or others, but
if we respond as a group then we should take a vote. I think Mick as a
member of the Housing Board, wrote this to help Rachel and protect the
Board from any further embarassments.
I believe that nothing will happen prior to the May election.and that are best
course is to draft a letter to Open Space, clarifying our position, with specific
recommendations on potential trade off's. We of course can only recommend
various possibilities and would have to have Councils approval to suggest a
deal utilizing Burlingame or other city properties.
You might discuss this in the next meeting ( I am out of town ) however if it
gets in the Press I think that we will close the door on any further discussion
with Open Space. I would prefer to deal with this in the following meeting
th
on April 13
1�-A-
MEMORANDUM
TO: Mayor and City Council
Aspen Planning and Zoning Commission
Aspen/Pitkin County Housing Authority Board
THRU: Julie Ann Woods, Community evelopment Directok"
FROM: Christopher Bendon, Planner
RE: ADU Program Joint Work Session — 4:15 to 5:30 p.m.
DATE: April 6, 1999
SUMMARY:
At their recent retreat, the Mayor and City Council directed staff to again bring
forward amendments to the ADU Program. The purpose of this directive is to
increase the effectiveness of the program and to simplify the process for approval.
Staff has included a third goal of this program: to create a separate section of the
code specifically addressing ADU's.
The purpose of this work session'is to reintroduce the project to decision -makers,
to determine the desired program elements, and to determine if the program
should proceed to public hearings. At the conclusion of this work session, the
Boards should instruct staff to proceed with the public hearing process or schedule
a subsequent work session.
PROGRESS:
Staff presented a series of ADU Program changes to the Housing Board, the
Planning and Zoning Commission, and City Council over a two month period in
1998. The day before the first public hearing before the Planning and Zoning
Commission a court decision was issued for a land use case in Telluride involving
affordable housing and rental restrictions. At the time, the proposed changes
included both mandatory occupancy and rental rate restrictions for ADU's -- as
requested by the City Council. At the direction of the City Attorney, staff pulled
the proposed amendments from the Commission's public hearing agenda.
In January staff presented a draft ADU Program to the Commission for review.
Staff structured the incentives for better units through FAR incentives. That ADU
Program proposed in January is attached as Exhibit B.
The result of that work session was that the Commission did not want to provide
additional FAR for "bogus" ADU's. (No more incentives for billiards rooms,
guest suites, etc.) Instead, the Commission suggested the provision of tax rebates
as an incentive to property owners who rent ADU's. This would not "forever
burden the property," as deed restrictions do, would not increase the bulk and
mass of development, and would provide an instant incentive different from FAR,
which isn't typically realized until the sale of the property.
Staff is looking into the financial ramifications of this type of incentive with the
City Finance Director and will provide the Boards with an initial finding during
the meeting. If the Boards express interest in this tax rebate concept, further
financial analysis on the effects this type of incentive would have on the City's
tax base will be required and will be provided.
The Commission also requested that ADU's no longer qualify a property for an
exemption from GQMS. The program now provides for such an exemption for
existing lots of record and re -development after demolition for single-family and
duplex units. The County's Program does not offer a GMQS exemption (units are
purely voluntary) and has a much higher occupancy rate.
However, staff believes this GMQS exemption should remain for one primary
reason: this type of exaction exists because it is relatively minor and not worth
challenging. Requiring single-family and duplex residences on existing lots to
proceed through our growth management system may be legally challenged if
there were not this escape valve.
Lastly, the Commission requested staff eliminate the two sets of design standards.
Staff had included the "exceptional standards" to -encourage better quality units
through FAR incentives. The Commission preferred raising the minimums to an
acceptable level and relying upon the property owner to provide better quality for
higher rent.
The latest revision to the ADU Program has been attached as Exhibit C.
DISCUSSION:
Program Goals:
The first step for this work session is to reaffirm or amend the Program Goals.
The three goals staff has been striving to achieve are:
1) Increase the effectiveness of the program and the quality of units through
incentives;
2) Simplify the process by making ADU's an administrative approval; and,
3) Consolidate the scattered ADU requirements in one easy -to -reference Section
of the Land Use Code.
Program Elements:
The Boards should identify the desired elements that should be included in the
revised ADU Program. These elements will be included by staff or further
2
evaluated as needed for informed decision making. Following are items needing
discussion. Staff has also tagged elements of the Program requiring some
discussion in the proposed Program, Exhibit C.
1. Administrative approval, P&Z variances and appeals: This would allow
ADU's to be approved by the Director with appeals and variances being
reviewed by the Commission.
2. Extension of ADU Program to additional Zone Districts: The current
program does not include the R-15B, AH 1-PUD, and Mobile Home Park Zone
Districts. The R-15B Zone, the Eastwood neighborhood, was specifically not
included via an annexation agreement. There may be value in extending the
Program to a few or all of these zones.
3. Provide incentives for what? What types of ADU characteristics are
desirable and should be rewarded? Staff believes that the Program should
reward detached units, higher quality units, and occupancy.
4. Tools: What incentives should we use? GMQS, FAR, zoning flexibility,
financial (tax rebates), matching program, others?
CONCLUSION:
If the Boards generally concur with the direction of the ADU Program at the
conclusion of the work session, the public hearing process should be initiated.
Staff can provide additional detail as needed for specific program elements during
the review process. If there are significant questions or diverging opinions on the
program elements, a subsequent work session should be scheduled.
ATTACHMENTS:
Exhibit A — Existing Program
Exhibit B — January 19" Program
Exhibit C — April 6`h Program
3
F��1�00 , I
Where any provision of these regulations imposes a greater or lesser restriction upon the subject matter
than a general provision imposed by the Municipal Code or another provision of these regulations, the provisions
imposing the greater restriction or regulation shall be deemed to be controlling.
B. Computation of time. The time within which an act is to be done shall be computed by excluding
the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be
excluded. The end of a day shall be at 5:00 pm.
C. Delegation of authority. Whenever a provision appears requiring the head of a department or some
other city officer or employee to perform an act or duty, it shall be construed to authorize the head of the
department or other officer to designate, delegate and authorize professional -level subordinates to perform
the required act or duty unless the terms of the provision or section specify otherwise.
D. Gender. Words importing the masculine gender shall be construed to include the feminine and
vice versa.
E. Month. The word "month" shall mean a calendar month.
F. Non -technical and technical words. Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases and such others as may have acquired
a peculiar meaning shall be understood according to such meaning.
G. Number. A word importing the singular number only may extend and be applied to several persons
and things as well as to one person and thing. The use of the plural number shall be deemed to include -any
single person or thing.
H. Shall, may. The word "shall" is mandatory; "may" is permissive.
I. Tense. Words used in the past or present tense include the future as well as the past or present.
J. Week. The word "week" shall be construed to mean seven (7) days.
K. Written or in writing. The term "written" or "in writing" shall be construed to include any inscribed
representation of words, letters or figures whether by printing or otherwise.
L. Year. The word "year" shall mean a calendar year.
M. Boundaries. Interpretations regarding boundaries of Zone Districts on the city's official zone district
map shall be made in accordance with the following:
1. Boundaries shown as perpendicular to or following or approximately following any street, alley,
right-of-way, or water course shall be construed as perpendicular to or following the centerline of the street,
alley, right-of-way, or water course.
2. Boundaries shown as following or approximately following any platted lot line or other property
line shall be construed as following such line.
3. Boundaries shown as following or approximately following section lines, half -section lines, or quarter -
section lines shall be construed as following such lines.
4. Boundaries shown as separated from and parallel or approximately parallel to any of the features
listed in the paragraphs above shall be construed to be parallel to such features and at such distance therefrom
as are shown on the map. (Code 1971, § 2-101)
26.04.100 Definitions.
4�21� For the purposes of this title, certain words and phrases shall be defined as herein provided.
Accessory dwelling unit means a separate dwelling unit that is located within or attached to a principal
residence, having a entrance separate from the primary residence, or that is detached from a principal residence
situated on the same parcel, containing not less than three hundred (300) nor more than seven hundred (700)
square feet of allowable floor area. An accessory dwelling unit shall be deed restricted to resident occupancy
and shall not be a separate unit for density or sale purposes.
443 (Asp® 10r95)
26.40.070
1. The use shall be developed by comparing each dimensional and parking requirement of the respective
zone districts and applying the more restrictive of each requirements. These requirements shall, however, be
calculated based on the land area and development of the entire parcel.
2. The only exception shall be when the area of the parcel which is designated with the zone district
which permits the higher density constitutes more than seventy-five (75) percent of the entire land area of
the.parcel. In this case, the use shall be developed using the dimensional requirements and off-street parking
requirements of the zone district permitting the higher density, which shall be calculated on the basis of the
land area and development of the entire parcel. (Code 1971, § 5-508)
26.40.080 Miscellaneous provisions.
A. Fuel storage tanks. All fuel storage tanks shall be completely buried beneath the surface of the ground
except that above -ground storage tanks may be approved as conditional uses in the Service/Commercial/Industrial
and Public zone districts.
B. Lights. Any light used to illuminated parking areas or for any other purpose'shafl''Ue so arranged
as to reflect the light away from nearby residential properties and vision of passing motorists. (Ord. No. 9-1992,
§ 1: Code 1971, § 5-509)
26.40.090 Accessory dwelling units.
A. General provisions.
1. Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable
area and not more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods
of not less than six (6) months induration. Owners of the principal residence shall have the right to place
a qualified employee or employees of his or her choosing in the accessory dwelling unit. One (1) parking
space shall be provided on -site for each studio unit, and for each bedroom within a one- or two -bedroom accessory
dwelling unit.
2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the
underlying zone district.
3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or
alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units,
detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained
within such detached garage or carport. Detached accessory dwelling units are prohibited within the R-15B
zone district.
4. An attached accessory dwelling unit shall utilized alley access to the extent practical.
B. Development review standards. The review standards for a detached accessory dwelling unit are
as follows:
1. The proposed development is compatible and subordinate in character with the primary residence
located on the property and with the development located within the neighborhood, and assuming year -around
occupancy, shall not create a density pattern inconsistent with the established neighborhood;
2. Where the proposed development varies from the dimensional requirements of the underlying zone
district, the Planning and Zoning Commission shall find that such variation is more compatible in character
with the primary residence than the development in accord with dimensional requirements. The following
dimensional requirements may be varied:
a. Minimum front and rear yard setbacks;
b. Minimum distance between buildings on the lot;
549 (Aspen 3/97)
26.40.090
C. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling
units;
d. The side yard setback shall be a minimum of three (3) feet;
e. The maximum height limits for detached accessory dwelling units in the R-6 zone district may be
varied at the rear one-third (1/3) of the parcel, however, the maximum height of the structure shall not exceed
eighteen (18) feet. On Landmarked Designated Parcels and within the Historic Overlay District the HPC shall
have the ability to make such height variations;
f. Maximum allowable site coverage may be varied up to a maximum of five (5) percent, on Landmark
Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make such site
coverage variations;
g. In the case where the proposed detached accessory dwelling unit in located on a Landmark Designated
Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards
of section 26.40.070(B) of this Code.
3. The Planning and Zoning Commission and the Historic Preservation Committee may exempt existing
nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40.090
(B)(2)(a)--(g) provided that the nonconformity is not increased.
4. Conditional use review shall be granted pursuant to Section 26.60.040, Standards applicable to all
conditional uses.
' C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on
or prior to November 1, 1988, and which complies with the requirements of this section may be legalized
as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building
Code, as determined by the Chief Building Official.
D. GMQS/replacement housing credits. Accessory dwelling units shall no be used to obtain points-
in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting ,
the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards
' of section 26.100.090 of this Code may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City
of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program."
E. FAR for accessory dwelling units. For the purposes of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply: the allowable floor area of
an above -grade attached accessory dwelling unit shall be excluded to a maximum of three hundred fifty (350)
square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever
is less. This floor area exclusion provision only applies to accessory dwelling units which are subject to review
and approval by the Planning and Zoning Commission pursuant to conditional use review and approval, section
26.60.030 of this Code, and the units must be deed restricted, registered with the housing office, and available
for rental to an eligible working resident of Pitkin County. The owner retains the right to select the renter
for the unit. (Ord. No. 47-1988, § 3; Ord. No. 1-1990, § 6; Ord. No. 60-1990, § 2; Ord. No. 56-1994, § 1 l;
Ord. No. 38-1996, § 6: Code 1971, § 5-510)
26.40.100 Landscape maintenance.
A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner
for a minimum three (3) year period. In the event that plant material dies, the owner of the property shall
replace the plant material with similar quality within forty-five (45) days of notification by the Zoning Enforcement
Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within forty-five
(45) days the owner may in writing seek permission from the Community Development Director to:
(Aspen 3/97) 550
26.100.050
(2) Reconstruction of demolished dwelling, hotel and lodge units. The reconstruction of demolished
dwelling, hotel and lodge units shall be exempt from the growth management competition and scoring procedures,
in accordance with the following standards:
(a) An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel
E or lodge units.
(b) The applicant shall verify, by a letter submitted to and approved by the Community Development
Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction
F will occur pursuant to the terms of this section.
(c) Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline
is granted by the City Council for good cause.
(d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous
E
parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off -site pursuant
i to Section 26.48.030.
/ (3) Replacement of structures listed on inventory of historic structures. A structure included on the
/% inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay
District may be removed from a property and relocated elsewhere within the City of Aspen and need not be
demolished in order for a replacement structure on its original site to be exempted from the growth management
competition and scoring procedures, provided that the structure is designated as an historic landmark in its
` new Iocation and all necessary development approvals are obtained from HPC and the Planning and Zoning
Commission.
(4) Replacement of demolished multi -family, residential units. Replacement of demolished multi -family,
residential units shall be subject to the requirements of the Housing Replacement Program.
(5) Remodeling, restoration or expansion of existing single-family or duplex dwellings. The remodeling,
restoration or expansion of existing single-family or duplex dwellings shall be exempt from the growth management
competition and scoring procedures.
b. Historic landmarks. The change of use of an historic landmark that does not increase the building's
existing floor area ratio shall be exempt from the growth management competition and scoring procedures.
C. Detached single-family or duplex dwelling unit. The construction of one or two detached residential
units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November
14, 1977, that complies with the provisions of Section 26.88.040(A)(5) or the replacement after demolition
of one or two detached residential units or a duplex dwelling, or the re-iodel or expansion of a single family
dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development
allotment is currently being sought or is approved. This exemption shall only apply if the following standards
e are met.
(.� (1) Single-family. In order to qualify for a single-family exemption, the applicant shall have three options:
4NV(a) providing an accessory dwelling unit;
(b) paying the applicable affordable housing impact fee; or
(c) recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed.
(2) Duplex. In order to qualify for a duplex exemption, the applicant shall have four options:
(a) providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit
with a minimum floor area of one thousand five hundred (1,500) square feet;
(b) providing two free market dwelling units and one accessory dwelling unit with a minimum floor
area of six hundred (600) . square feet;
(c) providing two deed restricted, resident -occupied dwelling units; or
s 669 (.asp= 5/96)
26.60.010
Chapter 26.60
CONDITIONAL USES
Sections:
26.60.010 Purpose.
26.60.020 Authority.
26.60.030 Authorized conditional uses.
26.60.040 Standards applicable to all conditional uses.
26.60.050 Procedure for conditional use approval.
26.60.060 Application.
26.60.070 Reserved.
26.60.080 Amendment of development order.
26.60.010 Purpose.
Conditional uses are those land uses which are generally compatible with the other permitted uses in
a zone district, but which require individual review of their location, design, configuration, intensity and density
in order to ensure the appropriateness of the land use in the zone district. (Code 1971, § 7-301)
26.60.020 Authority.
The commission, in accordance with the procedures, standards and limitations of this chapter, shall approve,
approve with conditions, or disapprove a development application for a conditional use, after recommendation
40 by the planning director. (Code 1971, § - 7-302)
26.60.030 Authorized conditional uses.
Only those uses which are authorized as a conditional use for each zone district in Chapter 26.28, may
be approved as a conditional use. The designation of a land use as a conditional use in a zone district does
not constitute an authorization of such land use or act as an assurance that such land use will be approved
as a conditional use; rather, each proposed conditional use shall be evaluated by the commission for compliance
with the standards and conditions set forth in this chapter. (Code 1971, § 7-303)
26.60.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the commission shall consider whether
all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen
Area Comprehensive Plan, and with the intent of the Zone district in which it is proposed to be located; and
B. The conditional use is consistent and compatible with the character of the immediate vicinity of
the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development; and
C. The location, size, design and operating characteristics of the proposed conditional use minimizes
adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties; and
• •1 1. US
D. There are adequate public facilities and services to serve the conditional use including but not limited
to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital
and medical services, drainage systems, and schools; and
E. The applicant commits to supply affordable housing to meet the incremental need for increased
employees generated by the conditional use; and
F. The proposed conditional use complies with all additional standards imposed on it by the Aspen
Area Comprehensive Plan and by all other applicable requirements of this title.
The planning director may recommend, and the commission may impose such conditions on a conditional
use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use
complies with the purposes of the Aspen Area Comprehensive Plan, this chapter, and this title; is compatible
with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to
imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street
parking and other similar design features, the construction of public facilities to serve the conditional use,
and limitations on the duration of conditional use approval. (Ord.. No. 7-1989, § 2: Code 1971, § 7-304)
26.60.050 Procedure for conditional use approval.
A development application for a conditional use shall be reviewed and recommended for approval, approval
with conditions, or disapproval by the planning director, and then approved, approved with conditions, or
disapproved by the commission at a public hearing held in accordance with the procedures established in Common
Procedures, Chapter 2652. A development application for a conditional use may be consolidated with any
other development application pursuant to the requirements of common procedures, Chapter 26.52. (Code
1971, § 7-305)
26.60.060 Application.
The development application for a conditional use shall include the followins.
A. The general application information required in Section 26.52.030;
B. A sketch plan of the site showing existing and proposed features which are relevant to the review
of the conditional use application; and
C. If the application involves development of a new structure or expansion or exterior remodeling
of an existing structure, proposed elevations of the structure. (Code 1971, § 7-306)
26.60.070 Reserved.
Editor's note— Ord. No. 7-1989, § 2, deleted former § 7-307, relative to conditions, which derived
from Ord. No. 5-1988. (Code 1971, § 7-307)
26.60.080 Amendment of development order. V/
A. Insubstantial amendment. An insubstantial amendment to an approved development order for a
conditional use may be authorized by the planning director. An insubstantial amendment shall be limited to
changes in the operation of a conditional use which meet all of the following standards:
1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking
or noise; and
2. The change will not substantially affect the tourist or local orientation of the conditional use; and
3. The change will not affect the character of the neighborhood in which the use is located; and
588
Exhibit B
1.19.99
P&Z Work Session
Staff Proposal
Key:
Italicized language generally represents staff notes or items for discussion
26.30
Accessory Dwelling Units
26.30.010
Purpose
26.30.020
Definition
26.30.030
Authority
26.30.040
Applicability
26.30.050
Design Standards
26.30.060
Calculations and Measurements
26.30.070
Deed Restrictions, Recordation, Enforcement
26.30.080
Application
26.30.090
Procedure
26.30.100
Amendments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-standing
community goal of socially, economically, and environmentally responsible development
patterns which balance Aspen the resort and Aspen the community. Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents.
ADUs represent viable housing opportunities for working residents and allow employees to live
within the fabric of the community without their housing being easily identifiable as "employee
housing." ADUs also help to address the affects of existing homes, which have provided
workforce housing, being significantly redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the town and
providing a critical mass of local residents important to .preserving Aspen's character. ADUs
allow second home owners the opportunity to hire an on -site caretaker to maintain their property
in their absence. Increased employee housing opportunities in close proximity to employment
and recreation centers is also an environmentally preferred land use pattern which reduces
automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing
opportunities to local working residents, certain incentives are available to developers of ADUs.
These incentives include an exemption from the Growth Management Quota System for existing
vacant lots of record and for significant redevelopment of existing homes as well as certain Floor
Area incentives for ADUs developed in a preferred manner.
January 19`h Program - Page I
26.30.020 Definition
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in
size and character. ADUs are located on the same lot, or contiguous lots under the same
ownership, as the primary residence in conformance with the zone district in which the property
is located. A primary residence may have no more than one ADU. An ADU may not be
accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the
primary residence, and an ADU shall not be considered a unit of density with regard to zoning
requirements. All ADUs shall be developed in conformance with this Section. also in definition
section
ADUs separated by 10 feet or more from the primary residence are considered "detatched" and
qualify for certain zoning incentives. Detached ADUs may be connected to the primary
residence by a covered breezeway. Any ADU with an internal connection to, or shared wall with,
the primary residence shall be considered an attached ADU.
26.30.030 Authority.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove an application
for an Accessory Dwelling Unit pursuant to Section 26.52.
Appeal to P&Z ?
A land use application requesting a variation of the ADU design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by the
Historic Preservation Commission if the property is designated a Historic Landmark or within a
Historic Overlay District, pursuant to Section 26.64 Special Review.
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26.28, and to all Accessory Dwelling
Units approved as a Conditional Use prior to the adoption of Ordinance , Series of 1999.
26.30.050 Design Standards
A. General.
The following standards have been established to ensure a minimum level of performance. These
standards are provided in two categories: "basic" and "exceptional." Both types of ADUs may be
approved by the Community Development Director. Exceptional ADUs and detached ADUs are
eligible for certain Floor Area incentives. (see 26.30.060 Calculations and Measurements)
B. Basic Design Standards.
All ADUs shall conform to the following minimum design standards unless varied through
Special Review by the Planning and Zoning Commission, or by the Historic Preservation
Commission for properties designated a Historic Landmark or located within an Historic Overlay
District, pursuant to Section 26.64 Special Review:
January 19`h Program - Page 2
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be closet or storage area.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible. This does not preclude a second interior
entrance to the primary residence;
b) An ADU must have separately accessible utilities. This does not preclude shared
services;
c) An ADU shall contain a kitchen including an oven, a stove with two burners, a
sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer;
and,
d) An ADU shall contain, as a minimum, a 3/4 bath.
3. One parking space for the ADU shall be provided on -site and shall remain available for
the benefit of the ADU resident. The parking space shall not be stacked with a space for
the primary residence? ADUs with two or more bedrooms shall have two on -site parking
spaces provided.
4. An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU.
If the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided.
6. ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units. This standard may not be
varied.
7. All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may
not be varied.
8. An ADU shall be developed to be consistent and compatible with the character of the
immediate vicinity of the subject property and surrounding land uses. (this is a blanket
criteria the director can use to deny an ADU, apply conditions, or send it to the P&Zfor
review)
9. An ADUshall be developed at least 50% above grade. To meet this standard, the
surface area of an ADUs exterior walls above ground divided by the total surface area of
exterior walls shall be determined
C. Exceptional Design Standards.
The Aspen community desires ADUs which maximize livability and confer the greatest benefit to
the affordable housing inventory. Exceptional ADUs are eligible for either a partial or full
exemption from the calculation of allowable Floor Area. see ADU Floor Area Incentives.
In addition to the minimum standards, ADUs meeting the following standards shall be considered
exceptional:
1. An exceptional ADU shall contain a minimum of 600 net livable square feet.
2. An exceptional ADU must provide a bedroom separate from general living areas. A
studio unit shall not qualify as an exceptional unit.
January 19`h Program - Page 3
3. An exceptional unit shall provide access to natural light beyond the minimum
requirements of the Uniform Building Code by 25% (125% of the UBC requirement). If
natural ventilation is utilized, the minimum ventilation shall also be increased by 25%
(125% of the UBC requirement
4. An exceptional ADU shall contain two of the following features:
a) A full bath;
b) a full kitchen containing a 4 burner stove, a 12 cubic foot refrigerator, and 6
linear feet of counter surface;
c) a 50 square foot porch or deck or,
d) a covered parking space.
26.30.060 Calculations and Measurements
A. Floor Area and Incentives.
In order to encourage property owners to develop ADUs in a preferred manner, certain Floor
Area incentives are provided for ADUs which are exceptional and/or detached from the primary
residence. As an incentive to encourage deed restrictions which require mandatory occupancy,
an additional Floor Area incentive is available for all types of ADUs.
The floor area of all ADUs shall be counted toward to a property's Maximum Allowable Floor
Area in the following manner:
With no Manadatory
Occupancy Requirement
Attached
Detached
Basic 100% 50%
Exceptional 50% 25%
With Manadatory
Occupancy Requirement
Attached
Detached
Basic 75% 25%
Exceptional 25% 0%
This percentage figure represents the portion of Floor Area attributed towards the maximum
allowed for the entire property. This incentive does not raise the Allowable Floor Area for any
given property. Rather, the incentive alters the way in which the ADU space is attributed towards
the Allowable Floor Area for the property.
B. Net Livable Square Footage.
ADUs have minimum and maximum thresholds for net livable square footage, unless varied
through a land use review. The calculation of net livable area differs slightly from the calculation
of Floor Area inasmuch as it measures the interior dimensions of the unit. For the purpose of
determining an incentive for an attached unit, the Floor Area of an ADU shall be measured to the
midpoint of any shared wall(s).
January 19`' Program - Page 4
26.30.070 Deed Restrictions, Recordation, and Enforcement.
A. Deed Restrictions.
All properties containing an ADU shall be deed restricted and the owner shall enter into an
agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU
recordation.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
• All ADUs shall be registered with the Housing Authority.
• Any occupant of an ADU shall be qualified according to the current Aspen/Pitkin
County Housing Authority Guidelines.
• All ADUs shall be restricted to lease periods of no less then six months in duration.
Leases must be recorded with the Housing Authority.
B. Mandatory Occupancy.
Zoning incentives are provided to property owners in exchange for ADUs which are deed
restricted to mandatory occupancy. This deed restriction requires an ADU to be occupied by a
qualified employee, as selected by the owner of the principal residence. This restriction also
establishes a maximum rental rate for the unit and income level for the occupant. This restriction
is referred to as a "Category" and is established by the Aspen/Pitkin County Housing Authority.
For all basic ADUs, this rental rate shall be Category 3. For all exceptional ADUs, the income
and rental restriction shall be Category 4.
With these specific ADUs, the Aspen/Pitkin County Housing Authority retains the right to place a
qualified renter in the ADU if the owner fails to do so within a reasonable time. The deed
restriction shall specify a "reasonable" vacancy period between occupants.
This additional incumberance upon the property is not a mandatory requirement of the Aspen
Municipal Code, but rather a voluntary incentive, a quid pro quo, to the mutual benefit of the
property owner and Aspen's working population. That is, if the incentive is accepted by the
property owner, mandatory occupancy will be required in exchange.
C. Recordation.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on
this form and a copy of any land use approvals shall be attached. This deed restriction shall bind
the property owner to such obligations required by this Section and shall grant the Housing
Authority the ability to enforce compliance.
Deed restrictions for a property containing an ADU shall be recorded with the Pitkin County
Clerk and Recorder by the applicant. There is per page recordation fee. The book and page
associated with the recordation shall be noted in the building permit plans for an ADU.
D. Enforcement.
January 19`h Program - Page 5
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and Aspen/Pitkin County Housing Authority. Property
owners in violation of the recorded housing agreement may be subject to court action.
ADUs which are deed restricted to mandatory occupancy shall be occupied. If the owner of the
ADU fails to select a qualified renter and the ADU is vacant for more than an agreed upon
reasonable time, as noted in the deed restriction, the Aspen/Pitkin County Housing Authority
shall select a qualified renter to occupy the ADU. The lease period for this renter shall be six
months, after which time the owner shall have the option of renewing the lease or selecting a new
occupant.
26.30.080 Application
ADUs require a separate building permit. An application for an ADU shall be submitted in
conformance with Section 26.56.020, Development permitted as of right. check with new code. A
development order for an ADU shall not be issued until all required agreements have been
recorded.
Applications seeking a variance from the ADU design standards will require a land use approval.
see 26.30.090 procedure.
26.30.090 Procedure
A. General.
Pursuant to Section 26.52.020 ?new code section?, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department to clarify
the requirements of the ADU Program.
An application for an ADU shall consist of an application for a Development Order pursuant to
Section 26.52.030 (new code) and shall be submitted to the Community Development
Department. In order to obtain a Development Order for an ADU, the Community Development
Director shall find the ADU in conformance with the requirements of this Section. If an
application is found to be inconsistent with this Section, in whole or in part, the applicant may
either amend the application or apply for a variance from the design standards pursuant to
Section 26.64, Special Review.
B. Special Review.
An applicant requesting a variance from the design standards must submit a land use application
for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria. If the property is a Historic Landmark or
within a Historic Overlay District, the applicant may choose the Historic Preservation
Commission to consider the Special Review. A Special Review to vary the ADU design
standards may be approved, approved with conditions, or denied? if all of the following criteria
are satisfied:
1. The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the unit's general livability; and,
January 191h Program - Page 6
2. The proposed ADU is designed to be compatible with and subordinate in character to the
primary residence considering all dimensions, site configuration, landscaping, privacy,
and historical significance of the property; and,
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.
C Development Order.
A development order may be issued subsequent to recordation of all required deed restrictions
and agreements and approval of any land use applications necessary.
If the ADU is being developed in order to gain an exemption from the Growth Management
Quota System, the Building Permits must be issued jointly.
D. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing Authority, or
the Chief Building Official, shall inspect the ADU for compliance with the Design Standards.
Any un-approved variations from these standards shall be remedied prior to issuance of a
Certificate of Occupancy. Necessary?
Certificates of Occupancy required for the primary residence shall only be issued subsequent to,
or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit.
Is this necessary?
26.30.100 Amendment of an ADU Development Order
A. Insubstantial Amendment.
An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
may be authorized by the Community Development Director. An insubstantial amendment shall
not include:
1. Any change which alters the operational characteristics or policy requirements of the ADU;
or,
2. Any change which increases design variations granted through a land use review; or
3. Any change which represents a significant change of an existing ADU or includes demolition
of an existing ADU.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit shall
be reviewed pursuant to the terms and procedures of this Section.
January 19`h Program - Page 7
Exhibit C
4.6.99
Joint Work Session
Includes changes requested by P&Z
Key:
Discussion highlights major Program elements needing discussion.
Italicized language generally represent staff notes or minor items needing discussion.
26.30
Accessory Dwelling Units
26.30.010
Purpose
26.30.020
Definition
26.30.030
Authority
26.30.040
Applicability
26.30.050
Design Standards
26.30.060
Calculations and Measurements
26.30.070
Deed Restrictions, Recordation, Enforcement
26.30.080
Application
26.30.090
Procedure
26.30.100
Amendments
26.30.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long-standing
community goal of socially, economically, and environmentally responsible development
patterns.which balance Aspen the resort and Aspen the community. Aspen values balanced
neighborhoods and a sense of commonality between working residents and part-time residents.
ADUs represent viable housing opportunities for working residents and allow employees to live
within the fabric of the community without their housing being easily identifiable as "employee
housing." ADUs also help to address the affects of existing homes, which have provided
workforce housing, being significantly redeveloped, often as second homes.
ADUs support local Aspen businesses by providing an employee base within the town and
providing a critical mass of local residents important to preserving Aspen's character. ADUs
allow second home owners the opportunity to hire an on -site caretaker to maintain their property
in their absence. Increased employee housing opportunities in close proximity to employment
and recreation centers is also an environmentally preferred land use pattern which reduces
automobile reliance.
To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing
opportunities to local working residents, certain incentives are available to developers of ADUs.
These incentives include an exemption from the Growth Management Quota System for existing
vacant lots of record and for significant redevelopment of existing homes, ? certain Floor Area
incentives for ADUs developed in a preferred manner?, and yearly property tax incentives for
property owners renting an ADU to a local working resident.
April 6th Program - Page 1
26.30.020 General (definition, plus regulatory language)
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate in
size and character. ADUs are located on the same lot, or contiguous lots under the same
ownership, as the primary residence in conformance with the zone district in which the property
is located. A primary residence may have no more than one ADU. An ADU may not be
accessory to another ADU. An ADU cannot be conveyed as a property interest separate from the
primary residence, and an ADU shall not be considered a unit of density with regard to zoning
requirements. All ADUs shall be developed in conformance with this Section. Language also to
be in definition section
Detached incentive language removed from 1.19.99 version.
26.30.030 Authority.
The Community Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove an application
for an Accessory Dwelling Unit pursuant to Section 26.52.
Appeal to P&Z ? Amend P&Z authorities.
A land use application requesting a variation of the ADU design standards shall be approved,
approved with conditions, or disapproved by the Planning and Zoning Commission, or by the
Historic Preservation Commission if the property is designated a Historic Landmark or within a
Historic Overlay District, pursuant to Section 26.64 Special Review.
26.30.040 Applicability
This Section applies to all zone districts within the City of Aspen in which an Accessory
Dwelling Unit is a permitted use, as designated in Section 26.28, and to all Accessory Dwelling
Units approved as a Conditional Use prior to the adoption of Ordinance , Series of 1999.
This covers all existing AD Us.
26.30.050 Design Standards
A. General.
The following standards have been established to ensure an acceptable level of livability. The
majority of these are minimum standards and may be exceeded.
B. Design Standards.
All ADUs shall conform to the following minimum design standards unless varied through
Special Review by the Planning and Zoning Commission, or by the Historic Preservation
Commission for properties designated a Historic Landmark or located within an Historic Overlay
District, pursuant to Section 26.64 Special Review:
1. An ADU must contain between 300 and 800 net livable square feet, 10% of which must
be closet or storage area.
2. An ADU must be able to function as a separate dwelling unit. This includes the
following:
a) An ADU must be separately accessible. This does not preclude a second interior
entrance to the primary residence; Discussion
April 6th Program - Page 2
b) An ADU must have separately accessible utilities. This does not preclude shared
services;
c) An ADU shall contain a kitchen including an oven, a stove with two burners, a
sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer;
and,
d) An ADU shall contain a 3/4 bath.
3. One parking space for the ADU shall be provided on -site and shall remain available for
the benefit of the ADU resident. The parking space shall not be stacked with a space for
the primary residence? ADUs with two or more bedrooms shall have two on -site parking
spaces provided.
4. An ADU shall be located within the dimensional requirements of the zone district in
which the property is located.
5. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU.
If the entrance is accessed via stairs, sufficient means of preventing snow and ice from
accumulating on the stairs shall be provided.
6. ADUs shall be developed in accordance with the requirements of this title which apply to
residential development in general. These include, but are not limited to, the Uniform
Building Code requirements related to adequate natural light, ventilation, fire egress, fire
suppression, and sound attenuation between living units. This standard may not be
varied.
7. All ADUs shall be registered with the Housing Authority and the property shall be deed
restricted in accordance with Section 26.30.070 Deed Restrictions. This standard may
not be varied.
8. An ADU shall be developed to be consistent and compatible with the character of the
immediate vicinity of, and including, the subject property and surrounding land uses.
(This is a blanket criteria the Director can use to deny an ADU, apply conditions, or
send it to the P&Z for review) — discussion
9. An ADUshall be developed at least 50% above grade. To meet this standard, the
surface area of an ADUs exterior walls above ground divided by the total surface area of
exterior walls shall be determined — discussion
10. exceptional standards for 1.11.99 program - discussion
26.30.060 Calculations and Measurements
A. Floor Area and Incentives.
In order to encourage property owners to develop ADUs in a preferred manner, certain Floor
Area incentives are provided for ADUs which are exceptional and/or detached from the primary
residence. As an incentive to encourage deed restrictions which require mandatory occupancy,
an additional Floor Area incentive is available for all types of ADUs.
Discussion — Should there be any FAR incentives?
Should there be incentives for:
1. Detached — This is the classic alley house typology. Eliminates interior connection
issue. Provides housing w/o sense of being the "step child. Breaks -up mass of
structure.
2. Better quality — Units with more than the basic amenities. Higher rent is also an
incentive to some.
3. Mandatory occupancy —deed restriction that forever burdens property. High fear
factor.
April 6th Program - Page 3
B. Net Livable Square Footage.
ADUs have minimum and maximum thresholds for net livable square footage, unless varied
through a land use review. The calculation of net livable area differs slightly from the calculation
of Floor Area inasmuch as it measures the interior dimensions of the unit. Removed language
concerning calculating FAR bonus.
26.30.070 Deed Restrictions, Recordation, and Enforcement.
A. Deed Restrictions.
All properties containing an ADU shall be deed restricted and the owner shall enter into an
agreement with the Housing Authority to ensure compliance with this deed restriction see. ADU
recordation.
At a minimum, all properties containing an ADU shall be deed restricted in the following
manner:
• All ADUs shall be registered with the Housing Authority.
• Any occupant of an ADU shall be qualified according to the current Aspen/Pitkin
County Housing Authority Guidelines.
• All ADUs shall be restricted to lease periods of no less then six months in duration.
Leases must be recorded with the Housing Authority.
C. Recordation.
The Aspen/Pitkin County Housing Authority shall provide a standard form for recording
Accessory Dwelling Unit deed restrictions. Variations to the design standards shall be noted on
this form and a copy of any land use approvals shall be attached. This deed restriction shall bind
the property owner to such obligations required by this Section and shall. grant the Housing
Authority the ability to enforce compliance.
Deed restrictions for a property containing an ADU shall be recorded with the Pitkin County
Clerk and Recorder by the applicant. There is per page recordation fee. The book and page
associated with the recordation shall be noted in the building permit plans for an ADU.
D. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the recorded
agreement between the property owner and Aspen/Pitkin County Housing Authority. This may
not be necessary to include if the mandatory occupancy requirement is removed.
26.30.*** Property Tax Rebate. (Whole section needs discussion)
Discussion — Financial impacts.
Rewarding property owners w/o deed restricting properties
Rent is already a financial incentive
Process of administering program
Economic changes and impacts on City finances
April 6th Program - Page 4
The Commission expressed interest in this option. The principal merit of this element is that the
property owner would receive an automatic return on renting the ADU, whereas the FAR
increase is generally realized at sale, and there is no "forever burdening the property." Staff is
looking into this option with the City Finance Department. Following is a first attempt at some
incentives:
? Property tax rebates are available to property owners who use an ADU to provide housing to
local working residents for 9 (?) or more months of the year.
? 50% of the owner's property tax for the given year will be returned if the average monthly rent
is in excess of Category 4. 100% of the owners property tax for the given year will be returned
if the average monthly rent is at or below Category 4.
? Property tax rebates are available to property owners proportionately with the number of
months the ADU was rented. For example: if a property owner rents an ADU for 9 months of
the year, then 75% of the property tax for that year may be rebated.
To apply for this property tax rebate, a copy of the actuated lease and the name(s) of the
occupant(s) shall be provided to the City. Dates for applying? Forms from Finance Dept? This
process should allow the City to confirm the claim with the renter and make sure the renter is a
qualified working resident. -
The ADU must be registered with the Housing Authority prior to applying for a rebate. A copy
of the current rental lease must be filed with the Housing Authority for verification. This process
is verifying will add to the City's cost of a rebate Program.
The owner retains the right to select a qualified working resident or to not rent the ADU. A list
of qualified working residents in search of ADU's is available from the Housing Authority.
26.30.080 Application
ADUs require a separate building permit. An application for an ADU shall be submitted in
conformance with Section 26.56.020, Development permitted as of right. A development order
for an ADU shall not be issued until all required agreements have been recorded.
Applications seeking a variance from the ADU design standards will require a land use approval.
see 26.30.090 procedure.
26.30.090 Procedure
A. General.
Pursuant to Section 26.52.020, Pre -Application Conference, Applicants are encouraged to meet
with a City Planner of the Community Development Department to clarify the requirements of
the ADU Program.
An application for an ADU shall consist of an application for a Development Order pursuant to
Section 26.52.030 and shall be submitted to the Community Development Department. In order
to obtain a Development Order for an ADU, the Community Development Director shall find the
ADU in conformance with the requirements of this Section. If an application is found to be
inconsistent with this Section, in whole or in part, the applicant may either amend the application
or apply for a variance from the design standards pursuant to Section 26.64, Special Review.
Also should apply to legalizing bandit units.
April 6th Program - Page 5
B. Appeals. Appeal process for Commission to review an administrative decision. Commission
decision is final — unless appeal is taken to court. Amend P&Z authority section.. Section above
should be re -worded to refer to appeal process.
C. Special Review..,
An applicant requesting a variance from the design standards must submit a land use application
for Special Review pursuant to Section 26.64. The Planning and Zoning Commission reviews all
Special Reviews considering the applicable criteria. If the property is a Historic Landmark or
within a Historic Overlay District, the applicant may choose the Historic Preservation
Commission to consider the Special Review. A Special Review to vary the ADU design
standards may be approved or approved with conditions based on conformance with the
following criteria: (This should also be appeal procedure and criteria)
1. The proposed ADU is designed in a manner which promotes the purpose of the ADU
program, promotes the purpose of the zone district in which it is proposed, and promotes
the unit's general livability; and,
2. The proposed ADU is designed to be compatible with, and subordinate in character to,
the primary residence considering all dimensions, site configuration, landscaping,
privacy, and historical significance of the property; and,
3. The proposed ADU is designed in a manner which is compatible with or enhances the
character of the neighborhood considering all dimensions, density, designated view
planes, operating characteristics, traffic, availability of on -street parking, availability of
transit services, and walking proximity to employment and recreational opportunities.
D. Development Order.
A development order may be issued subsequent to recordation of all required deed restrictions
and agreements and approval of any land use applications necessary.
If the ADU is being developed in order to gain an exemption from the Growth Management
Quota System, the Building Permits for the primary residence and the ADU must be issued
jointly. Necessary?
E. Inspection and Acceptance.
Prior to issuance of a Certificate of Occupancy, the Aspen/Pitkin County Housing Authority, or
the Chief Building Official, shall inspect the ADU for compliance with the Design Standards.
Any un-approved variations from these standards shall be remedied or approved pursuant to this
chapter prior to issuance of a Certificate of Occupancy. Necessary?
Certificates of Occupancy required for the primary residence shall only be issued subsequent to,
or in conjunction with, issuance of a Certificate of Occupancy for the Accessory Dwelling Unit.
Necessary?
26.30.100 Amendment of an ADU Development Order
April 6th Program - Page 6
An insubstantial amendment to an approved development order for an Accessory Dwelling Unit
may be authorized by the Community Development Director. An insubstantial amendment shall
not include:
1. Any change which alters the operational characteristics or policy requirements of the ADU;
or,
2. Any change which increases design variations granted through a land use review; or
3. Any change which represents a significant change of an existing ADU or includes demolition
of an existing ADU.
B. Otlier Amendments.
All other amendments to an approved development order for an Accessory Dwelling Unit shall
be reviewed pursuant to the terms and procedures of this Section.
April 6th Program - Page 7
Y-0 AV
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director ,
FROM: Mitch Haas, Planner
RE: 855 Bay Street (Lot 1,Creektree Subdivision) Stream Margin Review,
Conditional Use for an Accessory Dwelling Unit (ADU), and Variances from
the Residential Design Standards. Parcel I.D. No. 2737-073-50001.
DATE: April 6, 1999
SUMMARY: A few issues regarding the rules governing FAR bonuses have recently arisen,
and these issues have lead the applicant to consider changes to the current application. As a
result, the application is not yet ready for a comprehensive staff and Commission review.
Thus, staff and the applicant respectfully request that the Commission open the already
noticed public hearing and continue it to the April 13th agenda. While the April 13th
meeting has been set as a special meeting with just two items on the agenda (Bavarian Inn
Conceptual PUD, and a work session on outdoor lighting regulation), staff feels that given
the late timing for the emergence of issues coupled with - the relatively low level of
complexity involved in the 855 Bay Street application review, it would be reasonable to
accommodate the applicant as quickly as possible.
RECOMMENDATION: Staff recommends that the Commission open the already noticed
public hearing and continue it to the April 13th agenda, as the first item on said agenda.
RECOMMENDED MOTION: "I move to continue the public hearing regarding the 855
Bay Street application to the first item on the April 13, 1999 Commission agenda."
MEMORANDUM
TO: Planning and Zoning Commsision
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Christopher Bendon, Planner
RE: Melville Conditional Use for an Accessory Dwelling Unit
— Public Hearing
1290 Snowbunny Lane
DATE: April 6, 1999
SUMMARY:
Ralph Melville, owner, represented by Craig Melville, has applied for Conditional
Use approval for an Accessory Dwelling Unit to be located in the basement of a
duplex residence on Snowbunny Lane. The property is currently developed as a
single-family home and the proposed development Is for a duplex residence. An
Accessory Dwelling Unit will provide for an exemption from GMQS.
The ADU includes approximately 600 square feet of net livable space including
storage and closet areas. The plans include a bedroom separate frc m the main living
area and generous kitchen and living area. Based on comments from staff, the
applicant has provided storage area, more windows, and a connection to the
mechanical area.
This Accessory Dwelling Unit meets or exceeds all development standards and has
been reviewed and recommended for approval by the appropriate referral agencies.
Staff recommend,, approval of the Conditional Use for an Accessory Dwelling
Unit, with conditions.
APPLICANT:
Ralph Melville. Represented by Craig Melville.
LOCATION:
1290 Snowbunny Lane. New duplex unit will be assigned a new number.
ZONING:
Moderate Density Residential (R-15).
LOT SIZE:
15,014 square feet.
EXHIBIT
vL
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
15,014 square feet (as represented by applicant).
I •'
Allowable — 4,920 square feet - -
Existing — 1,867 square feet
Proposed — 4,23 8 square feet
These figures are represented by applicant and are subject to review by the Zoning
Officer.
CURRENT LAND USE:
Single -Family residence.
PROPOSED LAND USE:
Duplex residence with one attached Accessory Dwelling Unit.
PREVIOUS ACTION:
The Commission has not previously considered this application.
. REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
BACKGROUND:
The existing one story house will remain in place with the second duplex unit added
to the east end with the ADU below.
STAFF COMMENTS:
The original application proposed an ADU with very minimal natural light available
for the ADU, no storage area, and no ability to access the mechanical area. Based on
staff s concerns, the applicant has amended the plans to provide for a significant
amount of natural light in the basement ADU and to accommodate a large storage
area under the stairwell with a connection to the mechanical area serving the entire
structure.
Staff is very appreciative of these changes as the livability of the unit is vastly
improved. The result is an ADU with adequate light and air, a large kitchen, a
separate bedroom, storage, ability to access the mechanical area, and a generous
living area. This far exceeds the minimal living conditions typically provided.
The interior connection to the mechanical area is accomplished with a substandard
size door (probably requiring the user to crawl) and is not expected to become an
interior "entrance" to the ADU.
2
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit `B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Melville
Accessory Dwelling Unit, 1290 Snowbunny Lane, with the following conditions:
1) The building application shall include:.
a) a current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment.
b) a completed and recorded sidewalk, curb, and gutter construction agreement and an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
c) a completed and recorded ADU deed restriction on the property, a form for which may
be obtained from the Housing Office. The deed restriction shall be noted on the building
permit plans.
d) a drainage report and a drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment and debris on -site during
and after construction. If a ground recharge system is required, a soil percolation report
will be required to correctly size the facility. A 2 year storm frequency should be used in
designing any drainage improvements.
e) a tree removal or relocation permit from the City Parks Department for any trees to be
removed or relocated.
f) . a completed tap permit with the Aspen Consolidated Sanitation District. The applicant
shall connect the ADU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
2. The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards.
b) The proposed ADU is labeled as such and meets the definition of an Accessory Dwelling
Unit.
c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven,
standard sink, and a 6-cubic foot refrigerator plus freezer) and.a bathroom (having a
minimum of a shower, sink, and a toilet).
d) The ADU has the minimum one (1) off-street parking space provided. The ADU space
must have clear access and cannot be stacked with a space for the primary residence.
e) The ADU meets all applicable UBC requirements for light and air.
f) The roof and stairway are designed to prevent snow and ice from falling on, or building -
up on, the entrance to the ADU. The applicant is encouraged to use open grate style stair
steps for the exterior stairway accessing the ADU.
g) Conformance with the City's requirements for driveways. Driveways must be separated by
25 feet or more (including neighboring driveways), and must be paved from the edge of the
street to the property line. Paving alternatives may be approved by the City Engineer.
3
h) A fire suppression system if the gross square footage of the structure exceeds 5,000 square
feet.
i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow
storage at the edge of the street paving.
3. The applicant should provide separate utility taps and meters for each residential unit..
4. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement survey.
Meter locations must be accessible for reading and may not be obstructed.
5. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for amailbox and
landscaping from the City Streets Department.
6. All construction vehicles, materials, and debris shall be maintained on -site and not within public
rights -of -way unless specifically approved by the Director of the Streets Department. The
applicant shall inform the contractor of this condition.
7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours
between 7 a.m. and 10 p.m.
8. Before applying for a building permit, the applicant shall record this Planning and Zoning
Resolution with -the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building.
There, is a per page recordation fee. In the alternative, the applicant may pay this fee to the City
Clerk who will record the resolution.
9. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the Melville Accessory Dwelling Unit, 1290 Snowbunny Lane
with the conditions outlined in the Community Development Department memo dated
April 6, 1999."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Referral Agency Comments
Exhibit C -- Vicinity Map
Exhibit D -- Development Application
L!
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE FOR AN ACCESSORY DWELLING
UNIT TO BE LOCATED IN THE MELVILLE DUPLEX, 1290 SNOWBUNNY
LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-013-11-003
Resolution 499 -
WHEREAS, the Community Development Department received an -application -- - - from Ralph Melville, owner and applicant, for a Conditional Use Review for an
Accessory Dwelling Unit of approximately six -hundred (600) net livable square feet to be
located in a proposed duplex at 1290 Snowbunny Lane, City of Aspen; and,
WHEREAS, the parcel is approximately 15,014 square feet, located in the
Moderate -Density Residential (R-15) Zone District, and is currently developed with a
single-family residence; and,
WHEREAS, pursuant to Sections 26.28.040, Medium -Density Residential,
26.40.090, Accessory Dwelling Units, and 26.60.040, Standards Applicable to All
Conditional Uses, of the Aspen Municipal Code, Accessory Dwelling Units in the R-15
Zom: District may be approved, at a public hearing, by the Planning and Zoning
Commission as Conditional Uses in conformance with the requirements of said Sections;
and,
WHEREAS, the Housing Office, Aspen Consolidated Sanitation District, City
Engineering, and the Community Development Department reviewed the proposal and
recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing at a regular meeting on April 6,
1999, the Planning and Zoning Commission approved, by_a to
vote, the Conditional Use for an Accessory Dwelling Unit to be located in the proposed
Melville Duplex, 1290 Snowbunny Lane, with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an Accessory Dwelling Unit of approximately six hundred
(600) net livable square feet to be located in the proposed Melville Duplex, 1290
Snowbunny Lane, is approved with the following conditions:
1) The building application shall include:
a) a current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment.
b) a completed and recorded sidewalk, curb, and gutter construction agreement and an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
c) a completed and recorded ADU deed restriction on the property, a form for which
may be obtained from the Housing Office. The deed restriction shall be noted on the
building permit plans.
d) a drainage report and a drainage plan, including an erosion control plan, prepared by
a Colorado licensed Civil Engineer which maintains sediment and debris on -site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A*2 year storm
frequency should be used in designing any drainage improvements.
e) a tree removal or relocation permit from the City Parks Department for any trees to be
removed or relocated.
f) a completed tap permit with the Aspen Consolidated Sanitation District. The
applicant shall connect the ADU to the sanitary sewer in a manner acceptable to the
ACSD superintendent.
2. The building permit plans shall reflect/indicate:
a) Conformance with all aspects of the City's Residential Design Standards.
b) The proposed ADU is labeled as such and meets the definition of an -Accessory
Dwelling Unit.
c) The ADU will contain a kitchen (having a minimum of a two -burner stove with oven,
standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a
minimum of a shower, sink, and a toilet).
d) The ADU has the minimum one (1) off-street parking space provided. The ADU
space must have clear access and cannot be stacked with a space for the primary
residence.
e) The ADU meets all applicable UBC requirements for light and air.
f) The roof and stairway are designed to prevent snow and ice from falling on, or
building -up on, the entrance to the ADU. The applicant is encouraged to use open
grate style stair steps for the exterior stairway accessing the ADU.
g) Conformance with the City's requirements for driveways. Driveways must be separated
by 25 feet or more (including neighboring driveways), and must be paved from the
edge of the street to the property line. Paving alternatives may be approved by the City
Engineer.
h) A fire suppression system if the gross square footage of the structure exceeds 5,000
square feet.
i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow
storage at the edge of the street paving.
3. The applicant should provide separate utility taps and meters for each residential unit.
4. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of-way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Meter locations must be accessible for reading and may not be obstructed.
5. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department. -
6. All construction vehicles, materials, and debris shall be maintained on -site and not within
public rights -of -way unless specifically approved by the Director of the Streets Department.
The applicant shall inform the contractor of this condition.
7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours
between 7 a.m. and 10 p.m.
8. Before applying for a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee
to the City Clerk who will record the resolution.
9. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 6, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING COMIVIISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Robert Blaich, Chair
Exhibit A
Melville ADU
STAFF COMMENTS: ADU
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which it is proposed to be located.
Staff Finding:
Development of a single-family home into duplex units requires an exemption from
GMQS. An Accessory Dwelling Unit with no mandatory occupancy deed restriction is
consistent with the purposes, goals, objectives, and standards of the Aspen Area
Community Plan and qualifies as an exemption from Growth Management.
Accessory Dwelling Units are a conditional use in the R-15 Zone District.
(B) The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Staff Finding:
The surrounding land uses are mixed single- and multi -family residential. There are
existing ADU's in the immediate area. The proposed development appears to be in the
same character as the immediate area.
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Staff Finding:
The proposed ADU has sufficient space to accommodate its parking demand on -site. The
applicant -has been receptive to amending the floor plans and elevations of the ADU to
accommodate more windows, 'storage, and a connection to the mechanical area. Staff
believes these are important characteristics which promote high quality living
environments and is appreciative of the applicant's flexibility in designing the unit.
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
Staff Finding:
Park fees are payable at building permit for the difference in the number of bedrooms per
unit. Infrastructure capacity is sufficient for this development and utilities are available.
The applicant will need to complete a tap permit for sanitation service and is subject to
connection fees. The ACSD may require the provision of separate taps for each unit.
Staff Comments page 1
(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Finding:
The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding:
The applicant is not seeking any waivers or special considerations through this process.
The development appears to be in conformance with,all other applicable standards of the
land use code.
Section 26.40.090, Accessory Dwelling Units
A. General Provisions
1) Accessory Dwelling units shall contain not less than three -hundred (300) square feet and
no more than seven -hundred (700) square feet of net livable area. The unit shall be deed
restricted, meeting the Housing Authority's guidelines for resident occupied units and
shall be limited to rental periods of not less than six (6) months in duration. Owners of
the principle residence shall have the right to place a qualified employee or employees of
his or her choosing in the accessory dwelling unit. One (1) parking space shall be
provided on -site for each studio unit, and for each bedroom within a one or two -bedroom
accessory dwelling unit.
Staff Finding:
The proposed ADU is approximately 600 square feet of net livable area. The applicant
will be required to file a deed restriction on the unit prior to building permit application.
2) An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
Staff Finding:
The development appears to be in conformance with the provisions of the R-15 Zone
District. A zoning check is required through the building permit review process.
3) A detached accessory dwelling unit shall only be permitted on parcels that have
secondary and/or alley access, exempting parcels with existing structures to be converted
to detached accessory dwelling units, detached garages or carports where an accessory
dwelling unit is proposed above, attached to, or contained within such detached garage or
carport. Detached accessory dwelling units are prohibited within the R-15B zone district.
Staff Finding:
The ADU is attached.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
There is no alley which serves this property.
Staff Comments page 2
A. Development Review Standards.
1) The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year -around occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Staff Finding:
The ADU is subordinate in character to the primary units. The ADU, considering year-
round occupancy, is not expected to create a density pattern inconsistent with the
neighborhood.
2) Where the proposed development varies from the dimensional requirements of the
underlying zone district, the Planning and Zoning Commission shall find that such
variation is more compatible in character with the primary residence than the
development in accord with dimensional requirements. The following dimensional
requirements may be varied:
a. Minimum front and rear yard setbacks
b. Minimum distance between buildings on the lot.
c. Maximum allowed floor area may be exceeded up to the bonus allowed for
accessory dwelling units.
d. The side yard setback shall be a minimum of three feet.
e. The maximum height limits for detached accessory dwelling units in the R-6 zone
district may be varied at the rear one-third (1/3) of the parcel, however, the
maximum height of the structure shall not exceed eighteen (18) feet. On Landmark
Designated parcels and within the Historic Overlay District the HPC shall have the
ability to make height variations.
f. Maximum allowable site coverage may be varied up to a maximum of five (5)
percent, on Landmark Designated Parcels and within an Historic Overlay District the
HPC shall have the ability to make such site coverage variations.
g. In the case where the proposed detached accessory dwelling unit is located on a
Landmark Designated Parcel or within an Historic Overlay District only HPC .may
make dimensional variations pursuant to the standards of Section 26.40.070(B)
Staff Finding:
The applicant is not requesting any variations to the dimensional requirements. The one
required parking space has been indicated on the proposed site plan.
3) The Planning and Zoning Commission and the Historic Preservation Committee may
exempt existing nonconforming structures, being converted to a detached accessory
dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconformity is not
increased.
Staff Finding:
Not applicable. There are no non -conformities.
4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards
applicable to all conditional uses.
Staff Finding:
Refer to Staff Comments for Conditional Use review.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
November 1, 1988, and which complies with the requirements of this section may be legalized as
Staff Comments page 3
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.
Staff Finding:
Does not apply. This is not a bandit unit.
D. GMQS/ Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Only those units meeting the housing size,
type, income and occupancy guidelines of approval of the housing designee and the standards of
Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of
the City of Aspen, Colorado, "Residential Multi -Family Housing Replacement Program."
Staff Finding:.
Does not apply. Multi -Family housing replacement applies to structures of three or more
units.
E. FAR for Accessory Dwelling Units.
For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle
use is residential, the following shall apply: the allowable floor area for an above -grade attached
accessory dwelling unit shall be excluded to a maximum of three -hundred -fifty (350) square feet
of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is
less. This floor area exclusion provision only applies to accessory dwelling units which . e
subject to review and approval by the Planning and Zoning Commission pursuant to conditional
use review and approval, Section 26.60.030 of this code, and the units must be deed restricted,
registered with the housing office, and available for rental to an eligible working resident of Pitkin
County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit
separated from a principal structure by a distance of no less than ten (10) feet with'a maximum
footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent of the
allowable floor area up to seven hundred (700) square feet of Floor Area. An, clement linking
the principal structure to the' accessory structure may be no more than one (1) story tall, six (6)
feet wide, and ten (16) feet long.
Staff Finding:
The unit does not qualify for a Floor Area exemption and the applicant is not requesting a
Floor Area bonus.
Staff Comments page 4
10
INIEEMORAINDUM
To: Chris Bendon, Planner
Thru: Nick Adeh, City Engineer �� f
From: Chuck Roth, Project Engineer
Date: March 18, 1999
Re: Melville Conditional Use for an Accessory Dwelling Unit
(1286 Snowbunny Lane; 2735-013-11-003)
The Development Review Committee has reviewed the above referenced application at their March
10, 1999 meeting, and we have the following comments:
General - These comments are based on the fact that we assume that the site plan can work and no
misrepresentation by the surveyor and site designer exists. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit."
1. Improvement Survey - The improvement survey that was submitted does not meet state and
local statute. The survey must be performed within 12 months. The survey must be fully
✓ monumented. Improvements must be shown to the centerline of the adjacent public right-of-way.
The improvement survey also lacks acceptable information concerning easements. The revised
improvement survey must clearly state that "all easement of record as indicated on Title Policy
Number , dated [within past 12 months] are shown hereon. These revisions
must be incorporated prior to acceptance of a building permit application
2. Site Drainage - The existing City storm drainage infrastructure system is does not have
additional capacity to convey increased storm runoff. The site development approvals must include
the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f
and a requirement that the building permit application include a drainage mitigation plan (24"x36"
size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered
in the State of Colorado, submitted as part of the building and site plan, as well as a temporary
sediment control and containment plan for the construction phase. If drywells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to verify the
feasibility of this type system. Drywells may not be placed within utility easements. The
foundation drainage system should be separate from storm drainage, must be detained on site, and
must be shown on drainage plans prior to permit drawings. The ADU drainage may be conveyed to
existing landscaped areas if the drainage report demonstrates that the percolation rate and the
retention volume meet the design storm.
3. Sidewalk, Curb and Gutter - The development plans need to indicate a five foot wide
pedestrian usable space with a five foot buffer for snow storage. If there is curb and gutter, any
sections in need of replacement must be replaced prior to issuance of a certificate of occupancy. If
`f there is no curb and gutter, the applicant needs to sign an agreement to construct, and pay recording
fees. The applicant needs to sign a sidewalk construction agreement, and pay recording fees, prior
to issuance of a certificate of occupancy for new construction.
4. Utility Connections - If it is anticipated that the duplexes will be condominiumized, separate
utility taps need to.be provided for each half of the duplex.
5. Driveways - At the time of redevelopment, the driveways must be redeveloped as necessary in
or to meet City Code requirements for driveways. This includes the requirement of 25 feet
between driveways including driveways on adjacent properties and paving from the edge of the
street to the property line.
6. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be
installed. The plans will be reviewed by the Fire Marshall at the time of application for a building
permit.
7. Work in the Public Right -of wav - Given the continuous problems of unapproved work and
development in public rights -of -way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights -of -way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes , street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the. city community development department.
DRC Attendees
Staff: Sarah Oates, Chris Bendon, Ed Van Walraven, Rebecca Schickling, Chuck Roth
Applicants: Ralph & Craig Melville
99M34
Aspen Consolidated. Sanitation District
y Kelly * Chairman
Paul SmA * Treas
Michael Kelly * ecy
March 11, 1999
Chris Bendon
Community Development
130 S . Galena
Aspen, CO 81611
Re: Melville ADU
Dear Chris:
John Keleher
Frank Louslv.n
Bruce Niatherly, Nlgr
F1,ECF-IV ECi
MAR 1 �-6 1999
The District currently has sufficient collection and treatment capacity to serve the proposed
development. Service is contingent upon the District's rules, regulations, and specifications which
are on file at the District office.
The total connection charges for the project can be estimated once detailed plans are available and
a tap permit is completed at our office. We would request, as a condition of approval, that the
total connection fees be paid prior to the issuance of a building permit.
Sincerely,
Bruce Matherly
District Manager
565 N. Mill St -,Aspen, CO 81611 / (970)925-3601 / FAX, (970) '925-2537
Housing Office
City of Aspen/Pitkin County
530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920-5050
Fax: (970) 920-5580
MEMORANDUM
TO: Chris Bendon, Community Development Dept.',
1114,E
FROM: Stefanie A. Levesque, Housing Office C% 1999
DATE: March 25, 1999
RE: Melville 1286 Snowmbunny Lane ADU
Parcel ID No. 2735-013-11-003
REQUEST: The applicant is requesting approval for an accessory dwelling unit to be located in the lower
level of the main home.
BACKGROUND: According to Section 26.40.090, Accessory Dweiling Units, a unit shall contain not less
than 300 square feet of net iivable area and not more than 700 square feet of net livable area.
ISSUES: When the Housing Office reviews plans for an accessory dwelling unit, there are particular areas
that are given special attention. They are as follows:
1. The unit must.be a totally private unit, which means the unit must have a private entrance and there
shall be no other rooms in this unit that need to be utilized by the individuals in the principal
residence; i.e., a mechanical room for the principal residence.
2. The kitchen includes a minimum of a two-bumer stove with oven, standards ,k, and a 6-cubic foot
refrigerator plus freezer.
.3. The unit is required to have a certain percentage of natural light into the unit; i.e., windows, sliding
glass door, window wells, etc.,. especially if the unit is located below grade. The Uniform Building
Code requires that 10% of the floor area of a unit needs to have natural light. Natural light is defined
as light which is clear and open to the sky.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified employee.
5. A deed restriction MUST be recorded PRIOR to building permit approval. The deed restriction shall
be obtained from the Housing Office.
RECOMMENDATION: After reviewing the application, the Housing Office recommends approval on the
condition that issues 1-5 above are met prior to building permit approval. Prior to C.O. the Housing Office
requires a site tour to inspect the unit.
\referral\melville.adu
PROJECT:
LAND USE APPLICATION
APPLICANT:
Name: 7 b u 0 n V L7<A- I�� D LA 421-2
Location: a 6 St'�Dw`�t.l !\ !•-GL n Q V��Gk �j' �1tJ�✓bu n/1hC�1v ��
(Indicate street address. to & block number, legal description where appropriate)
Name: a e� v 42-,
Address: S w �jtt, Yl Y\ Let Yk.e__
Phone #: 1073
REPRESENTATIVE:
Name: CfT,I N q e1 v 'I ) � e—
Address: 333 ,
Phone #: q �)L 5
�.�
TYPE OF APPLICATION: (please check all that apl
Conditional Use
Conceptual PUD
Conceptual Historic Devt.
Special Review
F1
Final PUD (& PUD Amendment)
[]
Final Historic Development
(�
Design Review Appeal
7
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
7
Final SPA (& SPA Amendment)
Historic Demolition
(j
GMQS Exemption
7
Subdivision
Historic Designation
! (�
ESA - 8040 Greenline, Stream
7
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
Other:
Lot Line Adjustment
0
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following?
7 Pre -Application Conference Summary
Attachment #l, Signed Fee Agreement
Response to Attachment #2, Dimensional Requirements Form
7 Response to Attachment #3, Minimum Submission Contents
(� Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
FEES DUE: $ S -TS-o p o
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and G�� MeAvO�p
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of ap icatio completeness, APPLICANT shall pay an initial deposit in the
t" o0
amount of S S • which is for �-W'"�e- , and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above. including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
By: a,& ae
#ie Ann Woods
ommunity Development Director
APPLICANT
Mailing Address:
33 -3 7e�-, D rr,4n -- Awe,.
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: _ 12 q Q 5 yj a +IV �9 LA ✓1 A y L-eA -Y . — DL,A YJ I fG X
Applicant: Rai,p 2 M e-\ v i I I f-
Location: O Sn v wb:� n nv l.-tl
Zone District: S- .
L of Size: ��,�', L-A
Lot Area: \ S•) O 1 LA
(for the purposes of calculating Floor area. Lot Area may be reduced for areas
within the high water mark. easements. and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing: Proposed:
Existing: _Proposed:
Existing: Proposed:
Proposed % of demolition (Historic properties only):
a
Cl
DIMENSIONS: � �K �,�- rr
Floor Area: Existing: o� Allowable: O Proposed: -sq. -.
Principal bldg. height: Existing: i 3 Allowable: S_ Proposed: Fib
Access. bldg. height: Existing: Allowable: Proposed:
3 C-d Lk "^,S ,�C c KAJ ti ✓tis �k�i
On -Site parking: Existing:6 s4ac Ke-J Required. Proposed. 7- 5>�Kea
% Site coverage:
Existing:
Required:
Proposed:
% Open Space:
P
Existing:
Required:
� Of\ e..
Proposed:
Front Setback:
Existing:
LA O F-t. Required: -1s Ft. Proposed: 2 cl F- 7
Rear Setback:
Existing: Required:
10
Proposed:
Combined FIR:
Existing:
bs FE-Required:
Proposed.
V e5 t-- Side Setback:
Existing:
i Jc- F� • Required:
10 �-t
Proposed: 1
Side Setback:
Existing:
Required:
10
Proposed: � S ��•
Combined Sides:
Existing:
' Required:
Proposed. 30 F
Existing non -conformities or encroachments:
Variations requested: NO rt Z --
Non*v,
1286 Snowbunny Lane Duplex
Minimum Submission Contents — Attachment 3
The applicant, Ralph Melville, authorizes Craig Melville as his representative authorized to
act on his behalf in all matters regarding the approval of an accessory dwelling unit and the
development of a duplex at 1286 Snowbunny Lane, Lot 5 Block 2 of the Snowbunny
Subdivision
Applicant: Ralph Melville Representative: Craig Melville
1290 Snowbunny Lane 262 Goose Lane
Aspen, CO 81611 Carbondale, CO 81623
970-925-7683 970-963-0935
Applicant's Signature
2. Development Address: 1286 Snowbunny Lane, Lot 5 Block 2, Snowbunny
Subdivision
3. See Attached Title
4. See Attached Vicinity Map
5. See Attached Site Improvement Survey
L A N D T I T L E G U A R A N T E E C 0 M P A N Y
THANK YOU FOR YOUR ORDER
September 25, 1998
Our Order No.: QTF372189
OWNER:
RALPH P. MELVILLE and MARIAN H. MELVILLE, as
Tenants in Common
ADDRESS: 1290 SNOWBUNNY LANE
ASPEN, CO 81611
------------------------------
FOR ANY FOLLOW-UP PLEASE REFER
TO OUR ORDER NUMBER QTF372189 I
-----------------------------------------------
COUNTRYWIDE HOME LOANS
2454 HIGHWAY 6 & 50, #133
GRAND JUNCTION, CO 81505
Attn:
970 244-7748
Copies: 2
Form AL 4/95
Policy No. LTFJ372189
Order No. QTF372189
1. Policy Date:
2. Name of Insured:
SCHEDULE A
Amount $518,022.00
Address
1290 SNOWBUNNY LANE
ASPEN, CO 81611
April 24, 1998 AT 11:45 A.M.
COUNTRYWIDE HOME LOANS, INC., ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the land described in this Schedule
and which is encumbered by the insured mortgage is:
A Fee Simple
4. The estate or interest referred to herein is at Date of Policy
vested in:
RALPH P. MELVILLE and MARIAN H. MELVILLE, as Tenants in Common
5. The mortgage, herein referred to as the insured mortgage, and
the assignments thereof, if any, are described as follows:
DEED OF TRUST DATED April 23, 1998, FROM RALPH P. MELVILLE and MARIAN
H. MELVILLE, as Tenants in Common TO THE PUBLIC TRUSTEE OF PITKIN COUNTY
FOR THE USE OF COUNTRYWIDE HOME LOANS, INC., TO SECURE THE SUM OF
$518,022-00 RECORDED April 24, 1998, UNDER RECEPTION NO. 416017.
6. The land referred t-o in this policy is situated in PITKIN County, Colorado,
and is described as follows:
LOT 5, BLOCK 2
SNOWBUNNY SUBDIVISION
AS SHOWN ON THE PLAT THEREOF RECORDED AS DOCUMENT NO. 105066 OF THE RECORDS
FOR PITKIN COUNTY.
COUNTY OF PITKIN, STATE OF COLORADO
LAND TITLE GUARANTEE COMPANY
Page 1 This Policy valid only if Schedule B is attached.
Form AL 4/95
Policy No. LTFJ372189
Order No. QTF372189
SCHEDULE B-I
This policy does not insure against loss or damage by reason of the following:
1.` Rights -or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection of the
premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore
or hereafter furnished, imposed by law and not shown by the public records.
5. GENERAL OR SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR
1999 AND SUBSEQUENT YEARS.
6. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED June 08, 1888, IN BOOK 55 AT
PAGE 2.
8. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
SNOWBUNNY SUBDIVISION RECORDED MAY 21 1957 IN PLAT BOOK 2A AT PAGE 229.
9. EASEMENT 5.00 FEET IN WIDTH -ALONG REAR AND SIDE LOT LINES FOR UTILITY
PURPOSES AS SET FORTH IN INSTRUMENT RECORDED MAY 2, 1957 IN BOOK 181 AT
PAGE 255.
10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER.
CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 02, 1957, IN BOOK 181 AT
PAGE 255.
11. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF DECLARATION OF
TRUST RECORDED AUGUST 8, 1958 IN BOOK 184 AT PAGE 435.
12. TERMS, CONDITIONS AND PROVISIONS AS CONTAINED IN FENCE AGREEMENT RECORDED
AUGUST 3, 1994 IN BOOK 757 AT PAGE 433.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
**** ENDORSEMENT FORM 100 ****
THE COMPANY HEREBY INSURES AGAINST LOSS WHICH SAID INSURED SHALL SUSTAIN BY
REASON OF ANY OF THE FOLLOWING MATTERS:
1. ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES:
(A) THAT THERE ARE NO COVENANTS, CONDITIONS, OR RESTRICTIONS UNDER WHICH
Page 2
Form AL 4/95
Policy No. LTFJ372189
Order No. QTF372189
SCHEDULE B-I
THE LIEN OF THE MORTGAGE OR DEED OF TRUST REFERRED TO IN SCHEDULE A CAN BE
CUT OFF, SUBORDINATED, OR OTHERWISE IMPAIRED;
(B) THAT, EXCEPT AS SHOWN IN SCHEDULE B, THERE ARE NO PRESENT VIOLATIONS ON
SAID LAND OF ANY ENFORCEABLE COVENANTS, CONDITIONS, OR RESTRICTIONS,
(C) THAT, EXCEPT AS SHOWN IN SCHEDULE B, THERE ARE NO ENCROACHMENTS OF
BUILDINGS, STRUCTURES, OR IMPROVEMENTS LOCATED ON SAID LAND, ONTO ADJOINING
LANDS, NOR ANY ENCROACHMENTS ONTO SAID LAND OF BUILDINGS, STRUCTURES, OR
IMPROVEMENTS LOCATED ON ADJOINING LANDS.
2. FUTURE VIOLATIONS ON SAID LAND OF ANY COVENANTS, CONDITIONS, OR
RESTRICTIONS OCCURRING PRIOR TO ACQUISITION OF TITLE TO SAID ESTATE OR
INTEREST BY THE INSURED, PROVIDED SUCH VIOLATIONS RESULT IN LOSS OR
IMPAIRMENT OF THE LIEN OF THE MORTGAGE OR DEED OF TRUST REFERRED TO IN
SCHEDULE A OR RESULT IN LOSS OF THE TITLE TO SAID ESTATE OR INTEREST IF THE
INSURED SHALL ACQUIRE SUCH TITLE IN SATISFACTION OF THE INDEBTEDNESS
SECURED BY SUCH MORTGAGE OR DEED OF TRUST.
3. DAMAGE TO EXISTING IMPROVEMENTS WHICH ARE LOCATED OR ENCROACH UPON THAT
PORTION OF THE LAND SUBJECT TO ANY EASEMENT SHOWN IN SCHEDULE B, WHICH
DAMAGE RESULTS FROM THE EXERCISE OF THE RIGHT TO USE OR MAINTAIN SUCH
EASEMENT FOR THE PURPOSES FOR WHICH THE SAME WAS GRANTED OR RESERVED.
4. ANY FINAL COURT ORDER OR JUDGMENT REQUIRING REMOVAL FROM ANY LAND
ADJOINING SAID LAND OF ANY ENCROACHMENT SHOWN IN SCHEDULE B.
WHENEVER IN THIS ENDORSEMENT ANY OR ALL OF THE WORDS "COVENANTS, CONDITIONS
OR RESTRICTIONS" APPEAR, THEY SHALL NOT BE DEEMED TO REFER TO.OR INCLUDE
THE TERMS, COVENANTS AND CONDITIONS CONTAINED IN ANY LEASE REFERRED TO IN
SCHEDULE A.
THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDORSEMENTS
THEREIN SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE AMOUNT OF SAID POLICY
AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CONDITIONS AND
STIPULATIONS THEREOF TO PAY.
THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AS OF THE DATE THEREOF AND
IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS
MODIFIED BY THE PROVISIONS HEREOF. NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED AS EXTENDING OR CHANGING THE EFFECTIVE DATE OF THE AFORESAID
POLICY OR COMMITMENT, UNLESS OTHERWISE EXPRESSLY STATED.
***********ENDORSEMENT 335.E***********
THE INSURANCE AFFORDED BY THIS ENDORSEMENT IS ONLY EFFECTIVE IF THE LAND IS
USED OR IS TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES.
THE COMPANY INSURES THE INSURED AGAINST LOSS OR DAMAGE SUSTAINED BY REASON
OF LACK OF PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER:
(A) ANY ENVIRONMENTAL PROTECTION LIEN WHICH, AT DATE OF POLICY, IS RECORP''n
IN THOSE RECORDS ESTABLISHED UNDER STATE STATUTES AT DATE OF POLICY FOR
PURPOSE OF IMPARTING CONSTRUCTIVE NOTICE OF MATTERS RELATING TO REAL
PROPERTY TO PURCHASERS FOR VALUE AND WITHOUT KNOWLEDGE, OR FILED IN THE
Page 3
Form AL 4/95
Policy No. LTFJ372189
Order No. QTF372189
SCHEDULE B-I
RECORDS OF THE CLERK OF'THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
IN WHICH THE LAND IS LOCATED, EXCEPT AS FORTH IN SCHEDULE B; OR
(B) ANY ENVIRONMENTAL PROTECTION LIEN PROVIDED FOR BY ANY STATE STATUTE IN
EFFECT AT DATE OF POLICY, EXCEPT ENVIRONMENTAL PROTECTION LIENS PROVIDED
FOR THE BY THE FOLLOWING STATE STATUTES: NONE
THIS ENDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE
TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO., EXCEPT
TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND
PROVISIONS OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND THE
EFFECTIVE ZATE OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT
INCREASE THE FACE AMOUNT THEREOF.
SCHEDULE B-II
In addition to the matters set forth in Part I of this Schedule, the title to
the estate or interest in the land described or referred to in Schedule A is
subject to the following matters, if any be shown, but the Company insures that
lien or charge of the insured mortgage upon. said estate or interest is
for to such matters.
NONE
Page 4
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1286 Snowbunny Lane Duplex
Written Response to Review Standards —Attachment 5
1. The proposed accessory dwelling unit is compatible with both the primary residence and
the development within the neighborhood. The acc so t dwelling unit is below grade.
The only elements of it which are visible are an �'� ° staircase andz4iuSIe
winwell. Both of these are designed to match the primary residence.
2. The proposed accessory dwelling unit complies with all of the dimensional requirements
(See Attachment 2 — Dimensional Requirements Form)
3. N/A. The accessory dwelling unit is neither detached nor does it affect an existing historic
building.
Ail
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gCALE- I'-10'
PA515 OF DAlRIN--b+ FOUND MQMUMENTS A5 SHOWN,
5URVE'OR'5 r-F-KnFICATE.
I JAMES F. REST HEREfsYCrfMFYTHAT
�-115 MAP REPRE5EMS A FIELD 5(1P�/TH
E�ARY B U �DEK i✓►Y �t'F�CYISiON ON
SNOw�UNt.(Y Sc�5D01v1f � T 5, e Lcr-k Z
F'ITKIN ON C•1TYOF ASPEN,
5TURY F E �- �W Fi m p ONE
LOCATED ENTIRELY WITHIN, T,NFcuNvro 6E
L1NE5 OFTHE ABOVE �CjBED PEA Ak'Y
"'It LOATfON A,-V DIMEI i t, t'ER1`r.
8(JILDINC�, It✓1° RO�>=f OF ALL
R P!' Of WAY IN EVIOF-fl EASEMENTS,
AND ENC-rOACHM1=Nj,--> gYpt�pN To ME
ARE AAuP,T1=Lr 5HOWl
A, TINE--uevEjr:j
DATC•--------------- L.5. 1164
LAND TITLE &_AjFANTEE COMPANY OfI NO. Q50164 WAS U5ED INT+-IE PKEp'Af�
THII fiTION pF
SU}GVCY
SQF-v QYpft'S CrisTIFIC�TE.
i, JhME:� F �Ee H��`rC><tcri
19`i`t 1 MAPE- A
CJ-aANGES. Et�pt.F1YT4 ON'1Aty(�7 19
,nHCW,1 hND DE�DEJHFEC 1Ch1 OF T;-;E FROFER7Y
AND FCL 1�;p NO
hLt'INE p I c
JAME'------------
• L.S. � 1 � F. �'��-------------
Alpine Survevs. Inc
Post of" Boot I=
Alopm303 Q25 81611
sNwyW 2'615 DL pow,n
"'I'l 2.26•15 CJHB 01.21. cm L)rCKTE
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Attachment 8.
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} SS. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.52.060(E)
I - bein or representingn
, Cr'�1 wMAV I � g a
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (3 00) feet of the subject property, as indicated
on the attached list, on the :� 6 day of MqTC, 199g (which is days prior to the public
hearing date of 4— 6— 1 9 9 9 ).
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the a6 day
of q j` , 199g, to the 6 day of r+ t , 199g. (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
(Attach photograph here)
Signature
Signed before me this day of P,
1991. by
r'o-\
WITNESS MY HAND AND OFFICIAL SEAL
WCONN IS810#I DXPM 54.2002
PUBLIC NOTICE
RE: 1290 SNOWBUNNY LANE, CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6,
1999 at a meeting to begin at 5:30 p.m. before the Aspen Planning and Zoning
Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an
application submitted by Ralph Melville, 1290 Snowbunny Lane, Aspen, CO 81611,
requesting Conditional Use approval to construct an accessory dwelling unit. The
property is located at 1290 Snowbunny Lane, and is legally described as Lot 5, Block?.
Snowbunny Subdivision. For further information, contact Chris Bendon at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (9701
920-5072, chrisb�;ci.aspen.co.us.
s/Robert Blaich. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 20, 1999
City of Aspen Account
\
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333EAST DURANTAVENUE
ASPEN, CO 81811
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ASPEN, CO81G11
P -:R JOEALLEN GBORGEDAN|ELRDR* SPYKERMAN SHERRI
pO*[ER MARGARETA
41OWILLIAMS ST 830EHYMANAVE 8TE22 ` POBOX 370
ASPEN, CO 81611 ASPEN, CO|81G12
BAXTER DR J STERLING 50% INTEREST
BAXTER PEGGY L 50% INTEREST EAGLE MELVIN B & LEATRICES S
PO BOX C 9309 INGLEWOOD CT
N, CO 81612 POTOMAC, MD 20854
BERTHOLF HEIDI M TRUSTEE OF THE
BERTHOLF HEIDI M TRUST
PO BOX 165
ASPEN, CO 81612
SASLOW RICHARD E
C/O WOLFE & RYD
20 N WACKER DR STE 3550
CHICAGO, IL
LEVIT TRACY
PO BOX 4821
ASPEN, CO 81612
SNOWBUNNY LIMITED PARTNERSHIP
2529 E INDIAN MOUND RD
BLOOMFIELD HILLS, MI 48301
WILLIAMS BRIAN ALTFELD PHILIP Z TRUST 1/2 INT LUX PAUL A TRUST 1/2 INT
1255 BUNNY CT 1250 SNOWBUNNY LN LUX ANN S TRUST 1/2 INT
ASPEN, CO 81611 ASPEN, CO 81611 706 S SPOEDE RD
ST LOUIS, MO 63131
APPLICANT: RALPH MELVILLE, represented by Craig Melville
LOCATION: 1290 Snowbunny Lane
ACTION: CONDITIONAL USE APPROVAL FOR AN ADU
STANDARDS APPLICABLE TO ALL CONDITIONAL USES:
The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, and with the intent of the
zone district in which it is proposed to be located.
The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for
development.
The location, size, design and operating characteristics of .the proposed
conditional use minimizes adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties.
There are adequate public facilities and services to serve the conditional
use including but not limited to roads, potable water, sewer, solid waste,
parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems, and schools.
The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional
use.
The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this title.
ACCESSORY DWELLING UNITS:
Accessory dwelling units shall contain not less than three hundred (300)
square feet and no more than seven hundred (700) square feet of net
livable area. The unit shall be deed restricted, meeting the Housing
Authority's guidelines for resident occupied units and shall be limited
to rental periods of not less than six (6) months in duration. Owners
BANDIT UNITS:
Any bandit dwelling unit which can be demonstrated to have been in
existence on or prior to November 1,1988, and which complies with
the requirements of this section may be legalized as an accessory
dwelling unit, if it shall meet the health and safety requirements of
the Uniform Building Code, as determined by the Chief Building
Official.
GMQS/REPLACEMENT HOUSING CREDITS:
Accessory dwelling units shall not be used to obtain points in the
affordable housing category of the Growth Management Quota
System. Only those units meeting the housing size, type, income
and occupancy guidelines of approval of the housing designee
and the standards of Section 26.100.090 may be used to obtain
points in the affordable housing category. Accessory dwelling
units also may not be used to meet the requirements of Title 20
of the Municipal Code of the City of Aspen, Colorado, "Residential
Multi -Family Housing Replacement Program."
FAR FOR ACCESSORY DWELLING UNITS:
For the purpose of calculating floor area ratio and allowable floor
area for a lot whose principle use is residential, the following shall
apply: the allowable floor area for an above -grade attached
accessory dwelling unit shall be excluded to a maximum of 350
square feet of allowable floor area or fifty percent of the size of
the accessory dwelling unit, whichever is less. This floor area
exclusion provision only applies to accessory dwelling units which
are subject to review and approval by the P and Z pursuant to
conditional use review and approval, Section 26.60.030 of this
code, and the units must be deed restricted, registered with the
housing office, and available for rental to an eligible working
resident of Pitkin County. The owner retains the right to select
the renter for the unit. An ADU separated from a principal
structure by a distance of no less than ten feet with a maximum
footprint of 450 square feet shall be calculated at 50 percent of
the allowable floor area up to 700 square feet of Floor Area.
Any element linking the principal structure to the accessory
structure may be no more than one story tall, six feet wide, and
ten feet long.
JOHN W. (JACK) REESE
N V E S T M E N T COMPANY Telephone-1-970-925-8898
O Fax-1-970-544-0423
1280 Ute Avenue, Suite 32
ASPEN, COLORADO 81611
RECEIVED
1 April 1999 APR 2 1999
Mr. Chris Benton A6HEN / PITKIN
Aspen/Pitken Community Development Department COMMuNITY DEVELOPMENT
130 South Galena Street
Aspen, Co. 81611
Dear Mr. Benton,
I am opposed to Mr. Melville building an accessory dwelling
unit on his property at 1290 Snowbunny.
Mr Melville's lot is a duplex lot, if he wants more living
space he should build a duplex, not an accessory dwelling
unit. With his duplex lot and a accessory dwelling unit he
could have three units to rent. Snowbunny lane already has
to much density, cars, dogs, and rental units with out
creating more units.
Snowbunny Lane has always been a family neighborhood, I do
not want it changed into more rental units for personal
greed. He will sell his property as a triplex.
I will be out of Aspen April 6th, and will not be able to
attend the zoning meeting.
Sincerely Yours,
n W. Reese
1340 Snowbunny Lane
Copy: Bob Blaich, Aspen Planning and Zoning Commission
PUBLIC NOTICE
RE: 1190 SNO BUNNY LAiVE, CONDITIONAL USE FOR Aid ACCESSORY
DWELLING IT
NOTICE 1s ER.EBY GINT, i that a public hearing will be held on Tuesday, April 6
1999 at a m6etih!a to begin at 5:30 p.m. before the Aspen Planning and ZoninU P
Commission. Council Chambers, City Hall, 1 "0 ;, Galena St_, Aspen, to consider an
application $ub.rA e.!d by Ralph .yfelville, 1290 Snowbunny Lane, Aspen, CO 81611,
requesting Conditional Use approval to construct an accessory dwelling unit. The
property is located at 1290 Snowbunnv .Lane, and is legally described as Lot 5Block 1
Snowburmv Subdivision. For further information, contact Chris Bendon at the
A.spen/Pitkin Comraunity Development Department, 130 S. Galena St., Aspen. C o (970�f
9 20-5072. cl ris r'.oi.aspen.co.us.
NAME OF PROJECT: ��L-. J l L.LE:,::* Co4t� t'Ct 0"A.L
9v Sn(enn/�guu►.�Y 1A4E
CITY CLERK: ����E LoT�jp.rtiJ
STAFF:
WITNESSES: (1) C�,p1C.., '(-A�� I (_.1..�
c2> IZA-L� M�UIL—Lt=
(3)
(4)
(5)
EXHIBITS: 1 Staff ReportAr(Check If Applicable)
2 Affidavit of Notice (Check If Applicable)
3-Board Criteria Sheet (Check If Applicable)
4
1;ZOeG§P—� Q-(D t-J
MOTION:
VOTE: YES ,�) NOD
ROGER HUNT YES ��NO
RON ERICKSON YES NO
JASMINE TYGRE YES NO
TIMOTHY MOONEY YES V NO
V
STEVEN BUETTOW YES ��NO
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Julie Ann Woods, Community Development Director ,
RE: Land Use Code Amendments
DATE: April 6, 1999
SUMMARY: At the work session on the Land Use Code on March 8, 1999, staff
reviewed the numerous proposed changes to the Land Use Code which are a result of the
simplification process. With the assistance of the City Attorney, staff has worked to
make the land use code easier to use and simpler to understand and apply. The idea
behind this simplification is to ensure longevity; that is, the code can stand as the
framework for future amendments and changes in philosophy without ending up
complicating the code.
In staff s opinion, this simplification will build more public trust as it cleans up
ambiguous language which often puts the Director in a position of interpreting what was
meant. We believe the code now says what it should say, in clear understandable
language.
The code has also been formatted in-house which will make future amendments easier to
put in place immediately, vs. waiting for it to be codified someplace out of state.
The code, even as simplified, remains a code. It reads like a code, has legal implications
as do all codes. However, with the reorganization, the code is more logical and much
easier to follow.
The major changes the Commission will notice in this simplification is the format. It is
now much easier to find the applicable sections of the code. Likewise, the language has
been rewritten in laymen's terms wherever possible. We have included some drawings
which more clearly depict the intent of the language. We have taken the regulatory
language out of the definitions section and made definitions read as definitions.
There have also been some minor substantive changes in this re -write. Please refer to
Exhibit A, John Worcester's memo of March 1, 1999, which highlights these changes.
Finally, it should be clear to the Commission that this is just the first step in improving
the Land Use Code. Staff has numerous substantive changes that we will be proposing
throughout the remainder of the year which have already been included in our 1999 Work
Program. Please refer to John's memo, page 9 which highlights the areas which require
additional study.
EXHIBIT
Because of the numerous changes that have been made to the Code, staff will only
attempt to analyze the amendments as a whole rather than line by line. If there is specific
language which the Commission is not comfortable with, we would recommend that it be
addressed as a separate issue in a subsequent amendment process. Staff is very anxious
to begin using this document and hopes that the Commission and Council will feel
likewise.
APPLICANT: The City of Aspen Community Development Department.
BACKGROUND: The simplification of the code has been underway for several years.
Staff finally brought the document before the City Council and the Planning and Zoning
Commission in a work session held March 1, 1999. Few Commissioners were present for
that work session, so staff also discussed it at the next P & Z meeting on March 8, 1999.
At that meeting, there was general consensus that the document was much improved and
there were few areas of concern. Staff then proceeded with scheduling these amendments
for public hearing before the Planuling and Zoning Commission.
PROCEDURE: Pursuant to Section 26.92.030, Procedure for Amendment, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing,
and then approved, approved with conditions, or disapproved by the City Council at a
public hearing. The Planning and Zoning Commission must make a recommendation to
City Council on the proposed amendments.
DISCUSSION OF PROPOSED AMENDMENTS: Please refer to John Worcester's
memo which highlights the procedure and amendments being proposed.
REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations
And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for
the Planning and Zoning Commission's review of proposed amendments to the text of the
Land Use Code. These standards and staff s evaluation of the potential amendments
relative to them are provided below, with the standard in bold followed by the staff
"response."
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
RESPONSE: Adoption of the proposed code amendments would not be in conflict with
any applicable portions of the Land Use Code. In fact, the amendments will help clarify
and minimize known conflicts in the existing code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
2
RESPONSE: The proposed amendment would not be in conflict with any elements of
the AACP. The AACP is intended to be the guide for future development while the Land
Use Code is used as a tool to achieve that vision. To the best of staff s knowledge, the
amendments are consistent with the community's plan.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land uses and neighborhood
characteristics.
RESPONSE: The proposed amendments are not site specific to a particular
neighborhood. The amendments will clarify the intent of the code and requirements of
zone districts and land uses. Staff believes the amendment would result in more
consistency in land use decisions, which will ultimately be compatible with surrounding
zone districts and land uses.
D. The effect of the proposed amendment on traffic generation and road safety.
RESPONSE: The proposed code amendment will not have any effect on traffic
generation.
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 public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
RESPONSE: The proposed amendments would not have an effect on infrastructure or
infrastructure capacities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
RESPONSE: The proposed amendment would not have an effect on the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
RESPONSE: Staff believes the existing code is more compatible with Aspen's
"characters", but the proposed amendments present a more reasonable and rational
approach to the functioning of the land use code.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
3
RESPONSE: There has been no significant change in Aspen's general character. The
proposed amendments are not site specific, but will affect the entire community equally.
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.
RESPONSE: Staff believes that the proposed amendments would serve the public
interest and be in harmony with the purpose and intent of the Land Use Code.
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
recommend approval of Resolution 99-_, Amendments to the Land Use Code.
RECOMMENDED MOTION: " I move to recommend approval of Resolution 99-&.
EXHIBITS:
Exhibit A - Memo from John Worcester dated March 1, 1999
Exhibit B - Land Use Code, as amended (previously distributed in binder format)
ATTACHMENTS:
Resolution 99-ok-
g:Aplanning\aspen cases\text\codeamend.doc
Ell
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT, PURSUANT TO CHAPTER 26.92, AMENDMENTS TO
THE LAND USE REGULATIONS AND OFFICIAL ZONE DISTRICT MAP, OF THE
ASPEN MUNICIPAL CODE, CITY COUNCIL APPROVE THE PROPOSED
AMENDMENTS OF TITLE 26, THE LAND USE CODE
Resolution No. 99- 06
WHEREAS, Pursuant to the procedures and provisions set forth in Chapter 26.92
of the Aspen Municipal Code, the Community Development Department has formally
proposed amending numerous Sections of the Aspen Municipal Code in an effort to
simplify the format and intent of the Land Use Code; and,
WHEREAS, pursuant to Section 26.92.030, Procedure for Amendment, of the
Aspen Municipal Code, a development application for amendment to the text of the
Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or disapproval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and,
WHEREAS, the Community Development Department prepared the proposed
amendments and recommended approval to the Planning and Zoning Commission; and,
WHEREAS, the Planning and Zoning Commission reviewed the proposed
amendments and did conduct a properly noticed public hearing on April 6, 1999; and,
WHEREAS, upon review and consideration of the proposed text amendments,
agency and public comment thereon, and those applicable standards as contained in
Chapter 26 of the Municipal Code, to wit, Division 92 (Text Amendments), the Planning
and Zoning Commission has, by vote of to
recommended that City Council adopt the proposed amendments as addressed in the City
Attorney's memorandum prepared by John Worcester and dated March 1, 1999, together
with the proposed amendments as put forth in the reformatted document attached as
Exhibit B.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
That the Commission formally recommends that City Council amend Section 26 Land
Use Code, of the Aspen Municipal Code to read as presented in the reformatted document
attached as Exhibit B.
APPROVED by the Commission at a regularly scheduled public hearing on April 6,
1999.
Attest:
Jackie Lothian, Deputy City Clerk
APPROVED AS TO FORM:
David Hoefer, Assistant City Attorney
g:\planning\aspen\resos.doc\p&,ALIC.doc
P&Z Resolution 9906
-
Planning and Zoning Commission:
Bob Blaich, Chairperson
7
Memorandum
,: City of Aspen
t:ky Attorneys Office
TO: Planning and Zoning Commission, Mayor, and Members of Council
FROM: City Manager
City Attorney's Office
Community Development Office
DATE: March 1,1999
RE: Re -codification of the Land Use Code
Please find enclosed a draft copy of the Aspen Land Use Code which has been re -codified in an
effort to simplify it and make it more "user-friendly." Staff is scheduled to meet in a joint session
with the City Council and the Planning and Zoning Commission on March 1, 1999 to review the
proposed changes to the Land Use Code. This memo is intended to give you a background, reasons
for suggesting a re -codification of the Land Use Code, and to explain the proposed changes that are
reflected in the draft document.
Background: We have all heard the complaints from citizens that the Aspen Land Use Code is
too complicated, hard to read, cumbersome to use, unintelligible, contradictory, and too long. We
have also heard that the procedures and processes set forth in the Land Use Code to obtain
development approvals are too cumbersome, contradictory and unclear, expensive to follow,
counterproductive, and simply take too long to complete.
City Council has, for a number of years, asked staff to simplify the code. This goal has been
identified as a high priority for Council since 1995 when it budgeted $10,000.00 for the 1996 fiscal
year to hire an outside consultant to help work on the project. For a variety of reasons, not the least
of which was the big task involved in re -codification, it has taken staff over two years to get to this
point.
Jed Caswall, the former Aspen City Attorney, was retained to review the entire Land Use Code,
prioritize areas that needed to be changed, survey current users of the Code to identify reasons for
the current dissatisfaction with the Code, and to suggest ways to simplify the Code. In March, 1996,
a public meeting was held with a number of land use planners, architects, and other users of the
Code to elicit comments on ways to improve the Code. At that meeting a number of conclusions
were reached which helped guide the work of re -codification. The most important points (not in any
order of importance) were as follows:
* The Code is complicated for two basic reasons: (a) it is extremely difficult to read;
and (b) the procedures required for development approval are too complex and cumbersome. The
solution to the first problem is simply to reformat the Code, combine sections, re -write confusing or
conflicting sections, re -organize the chapters and sections, add a good index, and generally make it
more understandable. The solution to the second problem is to make substantive changes to the
Code to simplify the process and procedures required of applicants.
* The Code should continue to be written with professionals in mind. The Code can
be written so that it can be understood, but must function as a "land use code" which necessarily
introduces jargon and legal concepts, procedures, and regulations that are not part of the average
citizens' daily life. If a document needs to be written so the average citizen can understand the
process, it should be a separate document written specifically with that audience in mind.
* The reason the Code is so complicated with respect to process and procedures is
that Aspen, unlike most municipalities its size, has decided to regulate a significant number of
issues. Few communities the size of Aspen have regulations for historic preservation, growth
management, environmentally sensitive areas (8040 green line, stream margin, etc.), or the number
of regulations relating to development mitigation (affordable housing, parks, school districts), and
design review. Few, if any, communities the size of Aspen have the number of zone districts that
are defined in the Land Use Code. (There are twenty-eight zone or overlay districts in Aspen, not
counting SPA's, PUD's, and historical overlay districts! Ten for residential development alone.)
* The initial focus of any attempt to simplify the Code should try to avoid making
substantive changes. Combining proposed changes that merely make the Code user-friendly with
proposed substantive changes will hold up the effort while all the stakeholders in Aspen debate the
merits of the substantive changes. Identify substantive changes that would make the Code simpler,.
but start with as many non -controversial changes as possible. Once the Code is easier to read and
understand, then a commitment to make important substantive changes, one at a time, is necessary.
A wholesale effort to substantively change the Code will cause interest groups to oppose various
changes, or the final product will be more complicated than the existing Code. Most people simply
do not understand the Code today because it cannot be comprehensively read in its present form.
* All land use codes need to be re -codified (and re -written) periodically. Any set of
laws or a code that is constantly updated, amended, and revised needs to be reviewed in its entirety
periodically. As amendments are proposed and adopted, few of them get properly integrated into
the existing code. This leads to confusing and conflicting regulations and procedures, duplicative
language and sections, a lack of proper cross referencing, and a worthless index. Anyone who tried
to read the state's uniform election code before its recent re -codification will understand the
problem.
Changes to the format of the Code: The first reaction that everyone who opens the proposed re -
codified Code should have is that it looks different. It has the appearance of being organized in
some logical fashion and individual sections and paragraphs can be easily read. You will note that
the re -codified Code uses bold, underlined, and italic letters. Paragraphs, sections, and subsections
are indented in outline form. Each page contains not only a page number, but a refer- -e to the
2
Code section printed on the page, and the date the page was revised (to help keep the Code book
current). Whole paragraphs of incomprehensible verbiage were reduced to simple mathematical
equations or drawings. These were simple, albeit tedious, changes which make finding and reading
the appropriate regulations immeasurably easier than our current Code. These changes alone should
go a long way to address the complaints about our current Code being too difficult to read and
understand.
The next major formatting change was the re -organization of the Code. You will note that the Code
has been separated into seven "Parts." Each Part of the Code attempts to gather different chapters
and sections of the Code into logical groupings. Not a very innovative concept, but one that is
nonetheless lacking in our current Code. (The Housing Replacement ordinance, for instance, is not
even in the Land Use Code. It was codified in a totally separate Chapter of the Municipal Code.) As
important as an index is, a new user of the Land Use Code should be able to find what they are
looking for by reading through the Table of Contents. Chapters within each Part have been
organized similarly. Thus, for example, Part 300 which sets forth various chapters on General
Procedures and Regulations, starts with regulations of general applicability, followed by regulations
that may affect all development applications, and then those regulations of general applicability, but
of specific interest. Much of the time involved in producing this draft of the re -codified Code was
spent reorganizing paragraphs, sections, and chapters by moving them around to more logical Parts
and Chapters of the Code.
Highlight of proposed changes to the Code. This section of the memo attempts to point out the
major changes made to the language of the Code. Pointing out all the changes would be next to
impossible without writing a treatise as long as the Code itself. Each chapter of our existing Code
has been saved showing the changes made to them with highlighted text or str-ketheug characters.
These chapters are available upon request to anyone that is interested in seeing the actual changes.
Most of the proposed changes to the Code are not substantive. Those that are substantive are
pointed out below. Substantive changes that staff has identified as advisable, but which are not
included in this current draft are discussed at the end of this memo. The substantive changes that
are in the current draft are being proposed either because they could not be avoided, or are not
considered controversial. Those that could not be avoided are generally those that were needed to
implement past Code interpretations of the Community Development Department Director in
accordance with his/her responsibilities to do so under the Code, those that were needed to correct
conflicting language in the Code, those that implement the clear intent of the existing Code, or
changes to process and procedures which improve and simplify the process. Again, this memo
attempts to highlight these changes below.
Part 100 — General Provisions:
.This part of the Code has been almost entirely re -written, particularly the definitions contained in
Section 26.104.100. Most of the existing terms were re -written in their entirety, new terms were
added, and others were deleted (there are a number of terms defined in the existing Code which do
not appear anywhere else in the Code). A good deal of time and attention was given to this section
in the re -codification since this section of the current Code is the source of much of the confusion in
trying to understand the Code. Many of the existing definitions contain substantive regulatory
provisions which do not belong in a definitions section. That is, users of a code do not normally
turn to a definitions section to find regulatory language. Only those readers that know regulatory
C
language can be found in the definitions section are likely to turn to that section. In essence, the
definitions section was used in the past as a "dumping ground" for substantive regulatory language
that didn't seem to fit elsewhere in the Code.
In the draft re -codification, all regulatory language was removed from the definitions section and
replaced in the appropriate section within the Code that deals with the subject matter or in the
"Supplementary Regulations" section (Part 500).
The following definitions were added to the Code: Affordable housing guidelines; artists studio;
Aspen Area Community Plan (AACP); Aspen metropolitan (metro) area; category housing; child
care center; eave point; essential public facility; farmers market; flood hazard area; flooding; HPC;
historic significance; non -conforming lot or parcel; plat; principal building; reconstruction;
recreational vehicle; rehabilitation; relocation; renovation; residential multi -family housing;
specially planned area (SPA); scale; street, private; street, public; street, unopened; tattoo parlor;
wireless telecommunications (TCC).
The following definitions were deleted from the Code: base flood; character; bath facilities; BOA;
compatible; final plat; grade, finished; housing replacement program; parcel of land; shop craft
industry; special flood hazard area; vet clinic.
Other changes relating to definitions result from the attempt throughout the new Code to make
reference to the Affordable Housing Guidelines instead of either restating a regulation in the Land
Use Code or defining terms and methods of calculations that should more properly be included in
the AH Guidelines, as amended from time to time. For example, the definition of a "working
resident" has been taken out of the Code and the reader is referred to the AH Guidelines. The added
advantage of this effort is that the City Council and the BOCC will have an opportunity to review
these definitions, methods, and regulations as part of their annual review of the AH Guidelines and
to ensure that the City and County regulations for affordable housing are consistent in the
metropolitan area without having to continuously and simultaneously amend all relevant portions of
the Land Use Code.
The following definitions were changed in a substantive manner:
Demolition
Current = Demolition means to tear down completely, to do away with or to raze. For the purposes
of this definition a building shall be deemed to be demolished if less than fifty (50) percent of the
existing primarily residential structure remains in place. Renovation shall not be considered
demolition. The removal of a dwelling unit in a multi -family structure shall be considered
demolition.
Proposed = To raze, disassemble, tear down or destroy fifty percent (50%) or more of an existing
structure as measured by exterior surface wall area, also the removal of a dwelling unit in a multi-
family building or its conversion to non-residential use.
Lodge
4
Current = Lodge means a building within the Lodge Preservation Overlay (LP) district or a
building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms
for the purpose of providing lodging facilities on a short or long-term basis, for compensation,
with or without meals, and which has common facilities for reservation and cleaning services and
on -site management and reception. A lodge may include kitchens within individual rental units.
Proposed = Same as hotel, except that lodge rooms in a lodge may have a kitchen in certain zone
districts and may be rented on a long term basis.
Remodel
Current = Remodeling means any act which changes - one or more of the exterior architectural
features of a structure designated as a H, Historic Overlay District.
Proposed = A construction project comprising revisions within or to elements of an existing
structure, as distinct from additions to an existing structure.
Top of slope
Current = Top of slope means a point or a line connecting at least three (3) points determined by
the point of intersection of two fifty foot lines, one line being the level of the existing grade above
the slope and the other line being the angle of the existing slope, both lines measured on a site
section drawing.
Proposed = A line generally running somewhat parallel to a stream or river from which
development must be setback and which delineates the bank of the river or stream or other riparian
area as determined by the City Engineer.
Anyone attempting to compare the existing Code definitions with the proposed definitions should
read the new definitions together with Chapter 26.575, "Miscellaneous Supplemental Regulations"
in order to fully understand the changes being proposed.
Part 200 — Administration — Decision Makin2 Bodies
Not too many changes were made to the chapters of this part. Some of the duties of the decision -
making bodies were amended to reflect changes made over the years in the Code, but never
codified in this part.
Part 300 — General Procedures and Regulations.
This section of the proposed Code received significant attention and time. The attempt in
recodifying this Part was to make uniform the general procedures that apply to all development
applications, to simplify and clarify the language used to describe the general procedures, and to re-
write the Part in a more logical sequence. It is this Part in the existing Code which has caused the
most confusion and complaints about conflicting requirements, onerous and redundant procedural
requirements, and lack of clarity.
Chapter 26.304 has been almost entirely re -written. Duties of the Community Development
Department, the applicant, and decision -making bodies are spelled out much more clearly. Included
in this chapter is a description of the usual steps required of all applicants from the time they file an
application to the time they receive a development order (and are eligible to apply for a building
permit).
Section 26.304.060(B)(1) was added to grant the Community Development Director authority to
alter the usual review procedures when appropriate. The operative language is that the Director may
modify the procedures for reviewing development plans and applications to combine or modify
such procedures where more than one development approval is being sought simultaneously and
such "modification or combination would eliminate or reduce duplication and ensure economy of
time, expense and clarity." All public noticing requirements for combined or modified procedures
would still be required as if a full review procedure was being followed.
Section 26.30-I.060(B)(2) was also added provide greater flexibility in the approval process. This
section authorizes the Community Development Director to schedule a "sketch plan review" with
any combination of boards and the City Council either before or after an application for land use
approval is submitted. The idea here is to allow various boards and commissions and the City
Council to schedule a new type of meeting with the applicant and interested members of the public
to review an application before it gets too far into our normal development review process. This
new meeting may be very useful in reviewing complex or potentially controversial projects, or
projects which one can anticipate will generate a lot of community interest. The sketch plan review,
if it is suggested by the Community Development Director, would have to take place before any
other formal review steps are taken on the application, would require full public notice, and the
record of the proceedings would become part of the formal record of the application review process.
At the conclusion of a sketch plan review, everyone in attendance would be given an opportunity to
discuss the proposed project application with the applicant, but no formal decisions by any decision
makers would be allowed.
Chapter 26.308 and other portions of the Code relating to "vested rights" has been rewritten for
enhanced clarity. A major substantive change is the fact that the proposed Code would enable
practically all development approvals to automatically receive a vested right. No longer will an
applicant be required to apply for vested rights and thereafter proceed under a different set of
procedures to formalize the vested rights. The trade-off for this automatic receipt of vested rights is
that all applications for development that are entitled to vested rights would be required to follow
certain procedural steps to perfect the vested rights. (All resolutions and ordinances would be
required to contain the "magic words" that create vested rights, all resolutions and ordinances
would need to be published by the City Clerk in accordance with the state statute relating to vested
rights, and applicants would receive a formal "development order" spelling out their rights.) None
of these additional steps or requirements should be significantly noticeable to applicants. In
addition, this Chapter sets forth regulations and standards for extension and exemptions from the
expiration of development orders.
Chapter 26.310 — Amendments to the Land Use Code and Official Zone District Map has been
simplified and the procedures clarified. The main substantive change to this Chapter is the addition
of Section 26.310.020(C) which authorizes the City Council to adopt amendments to the Code by
emergency ordinance when it is deemed appropriate. The existing Code ignores this basic City
Council power set forth in the City Charter. By adding this section, the Code makes clear that the
6
City Council may adopt emergency ordinances, even when they amend the Land Use Code.
Another major change is Section 26.310.05 which spells out in greater detail the "pending
ordinance doctrine" which has been the source of some confusion in the past.
Chapter 26.314 — "Variances," was amended to allow the HPC or the P&Z to grant variances, but
only when the Community Development Director authorizes such action because an application
will be reviewed by one of those bodies as part of a consolidated application_ process. Thus, for
example, if an application is to be reviewed by the P&Z for a stream margin review the Community
Development Director may authorize the P&Z to review a variance request at the same time and
avoid having the application reviewed by the Board of Adjustment. In that the BoA may have
particular expertise in these matters, applicants may appeal an adverse variance decision by the
P&Z to the BoA.
Chapter 26.316 — "Appeals," was re -written to clarify and make uniform all the various appeal
provisions of the existing Code. In this fashion, any person desiring to appeal an administrative
decision can quickly refer to a single section of the Code for the proper procedure. The procedures
for differing appeals was also made uniform.
Part 400 — Development Review Standards and Procedures. This section of the re -codified
Code contains all the procedures and standards of review specific to particular applications for
development. Each Chapter has been re -written to eliminate conflicting language, to clarify the
requisite procedures, and whenever possible, to make uniform the procedures required.
Chapter 26.410 — "Residential Design Standards" has not been significantly changed as that chapter
is currently under review by staff and the P&Z for amendments.
Chapters 26.415 and 420 — "Historic Preservation," were completely rewritten to clarify and
simplify the procedures and language. The final hearing before the HPC for any significant
development, including demolition or partial demolition, will require notice by publication, posting
and mailing to neighbors. In addition, new language was added to ensure City Council is notified of
HPC actions prior to the expiration of the appeal period.
Chapter 26.435 — "Development in Environmentally Sensitive Areas" was re -written to clarify the
procedures, and to include the substantive review standards for each type of development within
this Chapter (mountain plane views, Hallam Lake, stream margin, and 8040). The current
requirement that property owners dedicate a trail easement to the City as a condition of approval for
a stream margin review has been deleted as it is legally indefensible in most cases.
Chapter 26.470 — "GMQS" has been completely re -written, but no major substantive changes have
been made. This chapter is a consolidated version of two separate chapters in our current Code:
residential GMQS and Commercial GMQS. There really is no reason to have these separated. It
merely adds redundant language to the Code, and leads to confusion as to the different requirements
of the chapters according to whether the development is residential or commercial.
Chapter 26.480 — "Subdivisions" was re -written and major sections relating to Engineering
standards were eliminated. The Engineering standards, which have little relevance to most
development applications in the City, have been moved to a separate Chapter devoted entirely to
these Engineering Department standards and procedures. (See Chapter 26.580 — Supplementary
Regulations — Engineering Department.) Section 26.480.090 was revised significantly to make the
Code conform to the state's condominiumization statutes.
Part 500 — Supplementary Regulations. This part of the proposed Code includes a consolidation
of existing supplementary regulations, regulatory language deleted from many of the definitions in
the existing Code, regulatory language deleted from the zoning districts, and miscellaneous
regulations found throughout the existing Code. By combining and consolidating much of the
regulatory language now found throughout various sections and chapters in our existing Code, it
will be possible to do "one stop shopping" for answers. For example, a reader of our current Code
must read multiple sections of the existing Code (if s/he can find them) to get answers relating to
accessory dwelling units, parking requirements, and affordable housing mitigation requirements.
Hopefully, the proposed Code will eliminate this problem by consolidating all of these subjects
under proper chapters and sections.
Please note that "Off-street parking requirements," "affordable housing," "accessory dwelling
units," and the "resident multi -family replacement program," can now be found in their own
chapters or sections of the Code.
Chapter 26.575 — "Miscellaneous Supplementary Regulations" contain a number of new sections.
These sections were created primarily to combine regulatory language found throughout our
existing Code and to locate them in one simple -to -find chapter.
Part 600 — Impact Fees and Dedications. The Park and School Lands dedication sections were
consolidated into this separate part for ease of use. The affordable housing impact fee section found
in the existing Code has been deleted. The fee structure and methodology for calculating the
affordable housing impact fee will be inserted in the Affordable Housing Guidelines. It was felt by
staff that this makes sense as so many other substantive provisions are now being proposed to be
located in the AH Guidelines. The added advantage beside a "one stop" place to find All
regulations is that this will provide the City Council and the BOCC an opportunity to review these
regulations on an annual basis as part of the annual review of the AH Guidelines.
The Park Development impact fee was amended to include the potential for affordable
housing and historic landmarked properties to be exempt from the fees. The current code allows the
City Council to waive the fees if it wishes to help subsidize an AH project or to provide an
additional incentive for historic landmarking.
Part 700 — Zone Districts. Although staff was tempted to make many changes to this part of the
Code, no major substantive changes are proposed at this time. Most of the changes proposed are
attempts to make this part of the code easier to read. As mentioned above, regulatory language
found in the existing zone district chapters were moved and consolidated in the "Supplementary
Regulations" Chapter of the Code. Many of the dimensional requirement charts contained in the
existing Code are duplicative of other charts found in prior sections of the Code. Whenever
possible, these charts were deleted and cross referenced to identical charts found earlier in the Code.
This eliminates many pages and helps to clarify the Code requirements.
The requirements for the AH/PUD zone district were greatly simplified. The 70% affordable
housing requirement was clarified by specifically stating that the 70% figure refers to the project's
8
total bedrooms as opposed to units. The category mix that is required will be set forth in the
Affordable Housing Guidelines.
Additional Substantive Changes suggested for future action.
There are a number of substantive changes to the Code which staff, P&Z, and the City Council have
discussed in recent months. Some of these amendments should provide additional opportunities for
simplifying the Code. In addition, as staff and the public work with a re -codified version of the
Code, other changes which are identified that would simplify either regulatory language ' or
procedures, will be brought to Council for consideration. Such presumably minor changes to the
Code will be much easier to propose as it will be much easier for staff to review and analyze all
such proposals. Part of the problem in the recent past has been a reluctance by anyone to change the
existing Code for fear that a small change in one part of the Code would have unforeseen
consequences to other sections. There has also been the feeling that since the Code has been
scheduled for a major re -codification, minor changes could wait.
Following is a list of amendments to Code provisions that are currently under active consideration
or which staff would like to propose in the near future:
*Accessory Dwelling Units (presented to P&Z in work session; awaiting
scheduled joint work session between P&Z and CC--lst quarter)
*Growth Management Quota System (3rd and 4th quarter)
*Historic Preservation Program (includes Inventory and Guidelines: 1st through
4th quarters)
*Design Review Standards aka Ord. 30 (1 st quarter)
*Takings determination standards and procedures (city attorney)Es work program)
*Consolidate SPA and PUD chapters of the code (general LUC revisions--1 st
through 4th quarters)
*Lodge preservation Amendments (presented to P&Z in work session; awaiting
scheduled joint work session between P&Z and CC--1 st and 2nd quarters)
*Outdoor Lighting Regulations (1st quarter)
*FAR, Height, and dimensional requirements regulations (3rd and 4th quarters)
AACP Follow-up regulation amendments (1 st through 4th quarters as well as
2000 work program)
Conclusion. The re -codification of the Code that is being proposed should go a long way to
satisfy critics of our current Code. The formatting changes alone should make the Code easier to
use and read. The many re -writes that occurred to whole chapters of the Code should help make the
Code easier to understand and implement in a consistent and fair fashion. The proposed changes to
review procedures should help streamline application reviews by staff and decision -making bodies
and eliminate due process errors. There is a continuing commitment by staff to continue finding
ways to simplify the Code whenever possible. By adopting the proposed re -codified Code, future
amendments to simplify the Code will be easier to identify and recommend to Council.
Accordingly, this effort should be viewed as a necessary first step. The City's land use code will
never be "simple," but it should not be needlessly cumbersome, confusing, and conflicting.
In its continuing effort to make the Code user friendly to non-professionals that occasionally delve
into land use planning issues, the Community Development Department will undertake to write and
make available educational brochures that explain the more complicated areas of our land use code.
If anyone has a question regarding the proposed re -codification of the Code before, during, or after
any meeting scheduled to discuss the proposed amendments, please do not hesitate to contact
anyone in the Community Development Department or the City Attorney's Office.
JPW-02/26/99-M-\city\cityatty\land-use\final\memo.doc
10
26.100.050
(d) paying the applicable affordable housing impact fee. -
d. All development not classified as "tourist accommodations," "residential" or "commercial and office"
development. All development not limited by the provision of Section 26.100.040 shall be exempt from the
growth management competition and scoring procedures.
e. Historic Landmark Lot Split. The construction of a new single-family dwelling on a lot created
through a Historic Landmark Lot Split pursuant to section 26.88.030(A)(5).
3. Community Development Director exemptions that are deducted from the pool of annual development
allotments and from the metro area development ceilings. The enlargement of an historic landmark that develops,
on a maximum cumulative basis, not more than one residential dwelling or three hotel, lodge, bed and breakfast,
boardinghouse, roominghouse or dormitory units. Although exempt from competition, units exempted by the
Community Development Director pursuant to this section shall be deducted from the respective annual
development allotment established pursuant to Section 26.100.040 and from the metro area development ceilings
established pursuant to Section 26.100.030.
B. Exemption by Growth Management Commission.
1. General.
a. Application for exemption. No development shall be considered for an exemption by the Growth
Management Commission until a completed application for exemption has been submitted to the Community
Development Director.
b. Procedure. After the Community Development Director has determined that the application for exemption
is complete, pursuant to Section 26.52.050, the application shall be forwarded to the Growth Management
commission for review and consideration at a hearing, for which notice has been given pursuant to Section
26.52.060(E)(3)(a). After considering the request, the Growth Management Commission shall approve, approve
with conditions or deny the application for exemption, based on the application's compliance with all applicable
standards. In the event that there are insufficient allotments available to accommodate all applications for exempt
development, a random drawing shall be held in accordance with the standards of Section 26.100.060(B).
2. Growth Management Commission exemptions that are not deducted from the pool of annual development
allotments or from the metro area development ceilings. The following exemptions shall not be deducted from
the respective annual development allotment established pursuant to Section 26.100.040 or from the metro
area development ceilings established pursuant to Section 26.100.030.
a. Historic landmarks.
(1) Exempt development.
(a) Enlargements for additional dwelling and tourist accommodations units. The enlargement of an
historic landmark that develops more than one residential dwelling or more than three (3) hotel, motel, lodge,
bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted from the growth management
competition and scoring procedures by the Growth Management Commission if all of the standards of Section
26.100.050(B)(2)(a)(2) are met.
(b) Enlargements for mixed -use development. The enlargement of an historic landmark for mixed -use
as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's
or parcel's existing floor area ratio and its net leasable square footage shall be exempted from the growth
management competition and scoring procedures by the Growth Management Commission if all of the standards
of Section 26.100.050(B)(2)(a)(2) are met.
(2) Standards for historic landmark exemptions. To be eligible for the historic landmark exemptions
of this section, the applicant shall demonstrate that as a result of the development, mitigation of the project's
community impacts will be addressed as follows:
(asp= 5/96) 670
LAND USE REGULATIONS
NEW CODE
TITLE OF SECTION
PRIOR CODE
PART 100
GENERAL PROVISIONS
26.04
26.110.010
Authority and Title
26.04.010
26.04.020
26.110.020
Purpose
26.04.030
26.110.030
Comprehensive Community Plan
26.110.040
Applicability and Penalty
26.120
26.110.050
Void Permits
26.110.060
Emergencies
26.110.070
Land Use Application Fees - Zoning Fees
26.04.060
26.04.070
26.04.080
26.110.080
Rules of Construction
26.04.090.
26.110.090
Reserved
26.110.100
Definitions
26.04.100
PART 200
ADMINISTRATION - DECISION
MAKING BODIES
26.208
City Council
26.08
26.212
Planning and Zoning Commission
26.12
26.216
Board of Adjustment
26.1.6
26.220
Historic Preservation Commission
26.20
26.222
Design Review Appeal Committee
26.22
26.226
Growth Management Commission
26.26
PART 300
GENERAL PROCEDURES AND
REGULATIONS
26.304
Common Development Review Procedures
26.52
26.306
Interpretations of Title
26.112
26.308
Vested Property Rights and Takings
Determination
26.310
Amendments to the Land Use Regulations
26.92
and Official Zone District Map
26.312
Nonconformities
26.104
26.314
Variances
26.108
26.316
Appeals
26.116
EXHIBIT
PART 400
DEVELOPMENT REVIEW
STANDARDS AND PROCEDURES
26.404
Development Permitted As of Right
26.56.020
26.410
Residential Design Standards
26.58
26.415
Development in H
26.72
26.420
Historic Overlay District and Landmarks
26.76
26.425
Conditional Uses
26.60
26.430
Special Review
26.64
26.435
ESA
26.68
26.440
SPA
26.80
26.445
PUD
26.84
26.450
Temporary Uses
26.96
26.470
GMQS
26.100
26.102
26.480
Subdivision
26.88
PART 500
SUPPLEMENTARY REGULATIONS
26.510
Signs
26.36
26.515
Off -Parking
26.32
26.520
Affordable Housing and Accessory
26.40.090
Dwelling Units
25.530
Resident Multi -Family Replacement
20.08
Program
26.575
Miscellaneous Supplementary Regulations
26.40
575.010
- General
575.020
- Calculations and Measurements
575.030
- Open Space
575.040
- Yards
575.050
- Fences
575.060
- Utility/Trash Service Areas
575.070
- Use Square Footage Limitations
26.40.040
575.080
- Child Care Center or Home
575.090
- Home Occupations
575.100
- Landscape Maintenance
26.40.100
575.110
- Building Envelopes
575.120
- Satellite Dishes
26.40.110
575.130
- Lighting
26.40.080
575.140
- Accessory Uses and Accessory
Structures
575.150
- Kitchens in Lodge Units
26.40.050
575.160
- Dormitory
5.75.170
- Fuel Storage Tanks
26.40.080
575.180
- Restaurant
575.190
- Farmers' Market
575.200
- Group Homes
26.580
Engineering Department Regulations
26.590
Timeshares
PART 600 IMPACT FEES AND DEDICATIONS
26.610. Park Development Impact Fees
26.620 Affordable Housing Impact Fee
26.630 School Impact Dedication
PART 700 ZONING DISTRICTS
26.710
Zone Districts
710.010
- General Purpose
710.020
- Zone Districts Established
710.022
- Zoning of Lands Containing More Than
One Underlying Zone District
710.024
- Zoning of Vacated Areas
710.030
- Official Zone District Map
710.040
- R-6
710.050
- R-15
710.060
- R-15A
710.070
- R-15B
710.080
- R-30
710.090
- R/MF
710.100
- R-MFA
710.110
- AH 1 /PUD
710.120
- MHP
710.130
- RR
710.140
- CC
710.150
- C-1
710.160
- S/C/I
710.170
- NC
710.180
- O
710.190
- L/TR
710.200
- CL
710.210
-
710.220
- C
710.230
- A
710.240
- P
710.250
- PUB
710.260
- OS
710.270
- WP
710.280
- T
26.28
26.28.010
26.28.020
26.28.030
26.28.040
26.28.050
26.28.060
26.28.070
26.28.080
26.28.090
26.28.100
26.28.110
26.28.120
26.28.130
26.28.140
26.28.150
26.28.160
26.28.170
26.28.180
26.28.190
26.28.200
26.28.220
26.28.230
26.28.240
26.28.250
26.28.260
26.28.270
26.28.280
710.290
- D
710.300
- GCS
710.310
- L
710.320
- LP
26.28.290
26.28.300
26.28.310
26.28.320
LAND USE REGULATIONS
PRIOR CODE
TITLE OF SECTION
NEW CODE
26.04
GENERAL PROVISIONS
26.04.010
Short Title
26.104.010
26.04.020
Authority
26.104.010
26.04.030
Purpose
26.104.020
Comprehensive Plan
26.104.030
26.04.040
Applicability
26.104.040
26.04.050
Minimum Requirements
Void Permits
26.104.050
Emergencies
26.104.060
26.04.060
Land Use Application Fees
26.104.070
26.04.070
Historic Preservation Application Fees
26.104.070
26.04.080
Zoning Fees
26.104.070
26.04.090
Rules of Construction
26.104.080
26.04.100
Definitions
26.110.100
DECISIONMAKING
ADMINISTRATIVE BODIES
26.08
CITY COUNCIL
26.208
26.12
P & Z
26.212
26.16
BOARD OF ADJUSTMENT
26.216
26.20
HPC
26.220
26.22
DRAG
26.222
26.24
COMMUNITY DEVELOPMENT
26.210
26.26
- GMC
26.226
26.28
ZONE DISTRICTS
26.710
26.28.010
General Purpose
26.710.010
26.28.020
Zone Districts Established
26.710.020
Zoning of Land Containing More Than
26.710.022
One Underlying Zone District
Zoning of Vacated Areas
26.710.024
26.28.030
Official Zone District Map
26.710.030
26.28.040
R-6
26.710.040
26.28.050
R-15
26.710.050
26.28.060
R-15A
26.710.060
26.28.070
R-15B
26.710.070
26.28.080
R-30
26.710.080
26.28.090
R/MF
26.7.10.090
26.28.,100
R/MFA
26.710.100
26.28.1-10
AH 1 /PUD
26.710.110
26.28.120
MHP
26.710.120
26.28.130
RR
26.710.130
26.28.140
CC
26.710.140
26.28.150
C-1
26.710.150
26.28.160
S/C/1
26.710.160
26.28.170
NC
26.710.170
26.28.180
O
26.710.180
26.28.1.90
L/TR
26.710.190
26.28.200
CL
26.710.200
26.28.220
C
26.710.220
26.28.230
A
26.710.230
26.28.240
P
26.710.240
26.28.250
PUB
26.710.250
26.28.260
OS
26.710.260
26.28.270
WP
26.710.270
26.28.280
T
26.710.280
26.28.290
D
26.710.290
26.28.300
GCS
26.710.300
26.28.310
L
26.710.310
26.28.320
LP
26.710.320
26.32
Off -Street Parking
26.515
26.36
Signs
26.510
26.40
Supplementary Regulations
26.500
26.40.020
Zoning of Vacated Land
26.710.024
26.40.040
Use Square Footage Limitations
26.575.070
26.40.050
Kitchens in Lodge Units
26.575.150
26.40.070
Zoning of Lands Containing More Than
26.710.022
One Underlying Zone District
26.40.080
Miscellaneous Provisions
- Fuel Storage Tanks
26.575.170
- Lights
26.575.130
26.40.090
Accessory Dwelling Units
26.520
26.40. 100
Landscaping Maintenance
26.575.100
26.40.110
Satellite Dish Antennas
26.575.120
26.44
Park Development Impact Fee
26.610
26.48
Affordable Housing Impact Fee
26.620
26.52
Common Development Review
26.304
Procedures
26.56
Development Review Standards
26.400.
26.56.010
Purpose
26.56.020
Development Permitted As of Right
26.404
26.58
Residential Design Standards
26.410
26.60
Conditional Uses
26.425
26.64.
Special Review
26.430
26.68
ESA
26.435
26.72
Development in H
26.415
26.76
H Overlay & Landmarks
26.420
26.80
SPA
26.440
26.84
PUD
26.445
26.88
Subdivision
26.480
26.92
Amendments to Land Use Regulations
26.310
and Official Zone District Map
26.96
Temporary Uses
26.450
26.100
GMQS
26.470
26.102
GMQS - Commercial and Office
26.470
-
Development
26.104
Nonconformities
26.312
26.108
Variances
26.314
26.112
Interpretations of Title
26.306
26.116
Appeals From Administrative Action
26.316
26.120
Enforcement
26.104.040
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