HomeMy WebLinkAboutagenda.apz.20021029 AGENDA
ASPEN PLANNING & ZONING COMMISSION
SPECIAL MEETING
TUESDAY, OCTOBER 29, 2002
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. INFILL LAND USE CODE AMENDMENTS, Chris Bendon,
continued from October 22nd
V. BOARD REPORTS
VI. ADJOURN
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Chris Bendon, Senior Long Range Planner C'
RE: City of Aspen Infill Program — Continued Public Hearing
DATE: October 29, 2002
SUMMARY:
This meeting is the seventh substantive review meeting to consider amendments to
the Land Use Code related to the Infill Report. Included, by reference, to the previous
memorandum were exhibits for .revised and new sections of the Land Use Code
contained in a 3-ring binder.
Tonight's focus will be on:
Residential Zone Districts
RNIF (proposed text Q and existing text QQ
R6 (proposed text R and existing text RR)
Accessory Dwelling Units and Alley Houses (proposed text S)
Calculations and measurements (proposed text C)
View Planes (proposed text K)
ATTACHMENTS:
Section Q — Proposed RMF District
Section QQ — Existing RMF Zone District
Section R — Proposed R6 Zone District
Section RR — Existing R6 Zone District
Section S — Proposed ADU and Alley House Section
REFERENCE MATERIALS:
Proposed and Existing legislation, 3-Ring Binder (distributed 9.17.02)
Infill Report (distributed 9.3.02)
Exhibit
Proposed RMF Zone
26.710.090 Residential Multi -Family (R/MF).
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to
provide for the use of land for intensive long-term residential purposes, with customary
accessory uses. Recreational and institutional uses customarily found In proximity t0
residential uses are included as conditional uses. Lands In the Residential/Multi-Family
(R/MF) zone district are typically those found in the Aspen Infill Area, within walling
distance of the center of the City, or lands on transit routes, and other lands with existing
concentrations of attached residential dwellings and mixed attached and detached
residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district:
I . Multi -family dwellings,
2. Home occupations;
J. Accessory buildings and uses;
4. Dormitory;
5. Accessory dwelling units meeting the provisions of Section 26.520.040.
6. For properties containing a historic landmark: single-family dwelling, duplex
dwelling, two detached single-family dwellings, bed and breakfast, and
boardinghouse.
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, Cultural, and Civic Uses
2. Academic Uses
3. Recreational Uses
4. Group home;
5. Child care center;
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Residential/Multi-Family (R/1VIF) zone
district:
1. lllini»lzim lot size (sgztare feet): 6,000. For lots created by a Historic
Landmark Lot Split: 3,000
2. Aliniivy7n lot 07TC-7. per di,yelling unit (sgzi.are feet.):
a. Detached residential dwelling: 6,000. For lots created by a Historic
Landmark Lot Split: 3,000
b. Duplex:3,000.
c. Two detached residential dwellings: 3,000.
d. Multi -family dwellings: No requirement.
e. Bed and breakfast, boardinghouse: No requirement.
3. 11llinimum lot ilvidth (feet.): 60. For lots created by a Historic Landmark Lot
Split: 3 0
4. 1A1J7,'nimu.77q front )yard setback (feet):
Single -Family and Duplex: Same as R6 zone district
Multi -Family: 5.
S. APninnurii, side yard setback (feet):
Single -Family and Duplex: Same as R6 zone district
Multi -Family: 5.
6. rear vcrrd setback (feet):
Single -Family and Duplex: Salve as R6 zone district
Multi -Family: No requirement.
7. Illlaximum height (according to densit)))(feet,):
a. Single -Family and Duplex: Salve as R6 zone district.
b. Multi -Family — less than one unit per 1,500 square feet of lot area:
25.
c. Multi -Family — one unit per 1,500 square feet of lot area to one unit
per 800 square feet of lot area: 30.
d. Multi -Family — More than one unit per 800 square feet of lot area:
35.
8. 11llini7num distance bete -veep bivldines on the lot (feet):
Single -Family and Duplex: Same as R6 zone district
Multi -Family: No requirement.
9. Floor Area Ratio (FAR) (applies to each t))pe of use, according to density))
(applies to conforming and nonconfom2ing lots of record):
a. Single -Family and Duplex: Same as R6 zone district.
b. Multi -Family — less than one unit per 1,500 square feet of lot area:.5:1
c. Multi -Family — one unit per 1,500 square feet of lot area to one unit per
800 square feet of lot area: 1:1
d. Multi -Family — More than one unit per 800 square feet of lot area: 2:1,
which may be increased to 2.5:1 with extinguishment of Historic TDRs.
Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.TDR.Extinguish, shall allow an
additional 750 square feet of free market housing.
ak(SLExhibit
Existing RMF Zone
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to
provide for the use of land for intensive long -terns residential purposes, with customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lairds in the Residential/Multi-Family
(R/MF) zone district are typically those found in the original Aspen Townsite, within
walking distance of the center of the City, or include lairds on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed attached
and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the
Residential/Multi-Family (R/MF) zone district:
1. Detached residential dwelling;
2. Duplex residential dwelling, of which one unit shall be restricted as
affordable housing to the middle income price and occupancy guidelines. The
affordable housing unit shall comprise a minimum of one-third (1/3) of the total
floor area of the duplex. In the alternative, both may be free market units if an
accessory dwelling unit shall be provided for each unit;
3. Multi -family dwellings;
4. Home occupations;
5. Accessory buildings and uses;
6. Dormitory; and
7. Two detached residential dwellings on a lot with a minimum of 6,000
square feet, of which one unit shall be restricted as affordable housing to the
middle income price and occupancy guidelines. The affordable housing unit shall -
comprise a minimum of one-third (1/3) of the total area of the duplex. In the
alternative, both may be flee market units if all accessory dwelling unit shall be,
provided for each unit, and
8. Accessory dwelling units meeting the provisions of Section 26.520.040.
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures
established in Chapter 26.425:
Park and open use recreation site;
2. Public and private academic school;
3. C11LirC11;
4. Group house;
5. Child care center;
6. Museum;
7. For properties which contain a historic landmark; bed and breakfast, and
boardinghouse.
D. Dimensional i-equireme7lts. The following dimensional requirements shall apply
to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone
district:
l . A117,ziinuni lot sire (SgUCITe feet): 6,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000.
b. Duplex:3,000.
C. Two detached residential dwellings: 3,000.
For multi -family dwellings on lot between 6,000 and 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,200.
2 bedroom: 2,000.
3 bedroom: 3,000.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on lot of more than 9,000 square feet, the
following minimum lot area per dwelling unit (square feet) requirements
apply:
Studio: 1,000.
1 bedroom: 1,250.
2 bedroom: 2,100.
3 bedroom: 3,630.
Units with more than 3 bedrooms: One (1) bedroom per 1,000
square feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when at
least fifty percent (50%) of the units built on -site are restricted as
affordable housing, the following minimum lot area per dwelling unit
(square feet) requirements apply:
Studio: 500.
1 bedroom: 600.
2 bedroom: 1,000.
3 bedroom: 1,500.
Units with more than 3 bedrooms: One (1) bedroom per 500 square
feet of lot area.
For multi -family dwellings on a lot of 27,000 square feet or less, when one
hundred percent (100%) of the units built on -site are restricted as
affordable housing, the following minimum lot area per dwelling unit
(square feet) requirements apply:
Studio: 300.
1 bedroom: 400.
2 bedroom: 800.
3 bedroom: 1,200.
Units with more than 3 bedrooms: One (1) bedroom per 400 square
feet of lot area.
Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60.
4. Minimum front yard setback (feet):
Principal bulldlllg: 10.
Accessory building: 15.
5. Minimum side yard setback (feet): The following side yard requirements
apply to detached residential and duplex dwellings only!':
additi
additi
' Two detached dwellings on one lot shall not be subject to combined sideyard setback
requirements.
The minimum side yard for multi -family dwellings shall be 5 feet.
6. Minimum rear yard setback (feet):
Principal building: 10.
Accessory building: 5.
7. Maximum height (feet): 25.
8. Minimum distance between buildings on the lot (feet): 10. For two
detached buildings on one lot, the minimum distance between buildinZD
gs may be
reduced to 6 feet subject to Special Review in accordance with Chapter 26.43 0.
9. Percent of open space required for building site: 35.
10. External floor area ratio (applies to conforming and nonconforming lots of
record): Same as R6 zone district.
Multi -family: 1:1, which may be increased to 1.1:1 by Special Review pursuant to
Chapter 26.430.
The total external floor area ratio for two detached residential dwellings on a lot
which is 6,000 square feet or greater shall not exceed the floor area allowed for
one duplex.
Exhibit
Proposed R6 Zone
26.710.040 Medium -Density Residential (R-6).
A. Purpose. The purpose of the Medium -Density Residential (R-6) zone district is to
provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Medium -Density Residential (R-6) zone
district are generally limited to the original Aspen Townsite, contain relatively dense
settlements of predominantly detached and duplex residences, and are within walking
distance of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium -
Density Residential (R-6) zone district:
1. Detached residential dwelling;
2. Duplex;
3. Two detached residential dwellings.
4. Three detached residential dwellings.
5. Home occupations;
6. Accessory buildings and uses; and
7. Accessory dwelling units and Alley Houses meeting the provisions of Section
26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the
Medium -Density Residential (R-6) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Arts, Cultural, and Civic Uses
2. Academic Uses
3. Recreational Uses
4. Group home;
5. Child care center;
6. For properties which contain a historic landmark; bed and breakfast, and
boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Medium -Density Residential (R-6) zone
district:
1. IVlinb7n'Mi lot size (square feet): 6,000. For lots created by Section
26.480.*"" Historic Landmark Lot split or [Standard lot split 26.480.-1*-1]: 3,000.
2. Minimum lot area per dii�elling unit (square feet):
a. Detached residential dwelling: 3,000.
b. Duplex:3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet):. 60. For lots created by Section 26.480.030(E)
Historic Landmark Lot split: 3 0.
4. Minimum front and rear yard: For principal buildings, the front and rear
yard shall total no less than 3 0 feet, and the front yard and rear yard shall each be
a minimum of 10 feet; provided, that the rear yard for that portion of a principal
building used as a garage only shall be a minimum of 5 feet. For accessory
buildings, the front yard shall be a minimum of 15 feet, and the rear yard, shall be
a minimum of 5 feet. For lots of 3,050 square feet or less, the front and rear yard
shall total no less than 25 feet.
5. Minimum side Yard:
The following requirements shall apply on a lot annexed subsequent to
January 1, 1989.
For purposes of calculating the minimum side yard setback for lots
within the Hallam Lake Bluff Environmentally sensitive Area (ESA), the
area below the top of slope shall be subtracted from lot size.
6. Maximum site coverage:
7. Maximum height (feet): 25
8. Minimum distance between detached buildings on the lot (feet): 5.
9. Percent of open space required for building site: No requirement.
10. Floor Area Ratio (applies to conforming and nonconforming lots of
record):
square feet of floor area for each additional
100 square feet in lot area, up to a maximum
of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet.of floor area, plus 16
square feet of floor area for each additional
100 square feet in lot area, up to a maximum
of 4,080 square feet of floor area.
9,000--155000 4,080 square feet of floor area, plus 6 square
feet of floor area for each additional 100
square feet in lot area, up to a maximum of
4,440 square feet of floor area.
15,000--5000 4,440 square feet of floor area, plus 5 square
feet of floor area for each additional 100
square feet in lot area, up to a maximum of
6,190 square feet of floor area.
50,000+ 6,190 square feet of floor area, plus 3 square
feet of floor area for each additional 100
square feet in lot area.
-'`Total external floor area for multiple detached residential dwellings on one lot shall not
exceed the floor area allowed for one duplex.
Historic Transferable Development Riglzt: Each City of Aspen Historic Transferable
Development Right certificate extinguished, pursuant to Section 2 6. TDR. Extinguish,
shall allow an additional 250 square feet of Floor Area. Each residence on the parcel,
excluding Accessory Dwelling Units and Alley Houses, shall be eligible for one Floor
Area increase in exchange for the extinguishment of one Historic TDR. No more than
one Floor Area increase shall be allowed per residence. Non -conforming uses and
structures shall not be eligible for this Floor Area increase.
ExhibitFO
f�+►
Existing R6 e
b
26.710.040 Medium -Density Residential (R-6).
A. Purpose. The purpose of the Medium -Density Residential (R-6) zone district is to
provide areas for long term residential purposes with customary accessory uses.
Recreational and institutional uses customarily found in proximity to residential uses are
included as conditional uses. Lands in the Medium -Density Residential (R-6) zone
district are generally limited to the original Aspen Townsite, contain relatively dense
settlements of predominantly detached and duplex residences, and are within walking
distance of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium -
Density Residential (R-6) zone district:
1. Detached residential dwelling;
2. Duplex;
3. Two detached residential dwellings on a lot of 9,000 square feet or
greater;
4. Farm building and use, provided that all such buildings and storage areas
are located at least 100 feet from pre-existing dwellings on other lots;
5. Horne occupations;
6. Accessory buildings and uses; and
7. Accessory dwelling units meeting the provisions of Section 26.520.
C. Conditional uses. The following uses are permitted as conditional uses in the
Medium -Density Residential (R-6) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park or open use recreation site;
2. Public or private academic school;
3. Church;
4. Group home;
5. Child care center;
6. Museum;
7. For properties which contain a historic landmark bed and breakfast;
boardinghouse; and two (2) detached residential dwellings or a duplex on a lot
with a minimum area of 6,000 square feet.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Medium -Density Residential (R-6) zone
district:
1. Minimum lot size (square feet): 6,000. For lots created by Section
26.480.030(E) Historic Landmark Lot split: 3,000.
2. Mininium lot area per dwelling unit (square feet):
a. Detached residential dwelling: 6,000
b. Duplex: A duplex may be developed on a lot of 8,000 square feet
that was subdivided as of April 28, 1975. A duplex may also be developed
on a lot of 7,500 square feet that was subdivided as of and annexed
subsequent to January 1, 1989. Otherwise, the duplex must be developed
with a minimum lot area of 4,500 square feet per dwelling unit, unless the
property contains a historic landmark, in which case a duplex or two (2)
detached residential dwellings may be developed with a minimum lot area
of 3,000 square feet per Ludt.
C. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(E)
Historic Landmark Lot split: 3 0.
4. Minimum front and rear yard: For principal buildings, the front and rear
yard shall total no less than 3 0 feet, and the front yard and rear yard shall each be
a minimum of 10 feet; provided, that the rear yard for that portion of a principal
building used as a garage only shall be a minimum of 5 feet. For accessory
buildings, the front yard shall be a minimum of 15 feet, and the rear yard, shall be
a minimum of 5 feet. For lots of 3,050 square feet or less, the front and rear yard
shall total no less than 25 feet.
5. Minimum side vard:
Lot Size
(Square Feet)
0--4,500
4,500--6,000
Minimum Size for
Each Side Yard(Feet)
5
Total of Both Side
Yards (Feet)
10 feet.
5 10 feet, plus 1 foot for
each additional 300
square feet of lot
area, to a maximum
of 15 feet of total side
yard.
6,000--85000 5 15 feet, plus 1 foot for
each additional 200
square feet of lot area,
to a maximum of 25
feet of total side yard.
8,000--10,000 10 25 feet, plus 1 foot for
each additional 200
square feet of lot area,
to a maximum of 3 5
feet of total side yard.
105000+ 15 35 feet, plus 1 foot for
each additional 400
square feet of lot area,
to a maximum of 50
feet of total side yard.
The following requirements shall apply on a lot annexed subsequent to January 1,
1989.
Lot Size Minimum Size for Total of Both Side
(Square Feet) Each Side Yard (Feet) Yards (Feet)
0--7,500 10 20 feet.
7,500--10,000 10 20 feet, plus 1 foot for
each additional 200 square feet of lot area, to a maximum of 32.5 feet of total side yard.
10,000+ 15 32.5 feet, plus 1 foot
for each additional 400 square feet of lot area, to a maximum of 50 feet of total side yard.
For purposes of calculating the minimum side yard setback for lots
within the Hallam Lake Bluff Environmentally sensitive Area (ESA), the
area below the top of slope shall be subtracted from lot size.
6. Maximum site coverage:
Lot Size (Square Feet) Maximum Site Coverage (%)
0--41499 No limitation
4,500--61000 50%, minus 1% for each additional 150
square feet of lot area, to a maximum site coverage of 40%
6,000--9,000 40%, minus 1% for each additional 300
square feet of lot area, to a maximum site coverage of 3 0%
9,000--1200 30%, minus 1 % for each additional 600
square feet of lot area, to a maximum site coverage of 25%
121000--18,000 25%, minus 1% for each additional 1,200
square feet of lot area, to a maximum site coverage of 20%
18,000+ 20%
7. Maximum height (feet):
Principal building: 25.
Accessory building: 21 on front 2/3's of lot, 12 on rear 1/3 of lot.
8. Minimum distance between detached buildings on the lot (feet): 5.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Lot Size Detached Residential Allowable Square Feet*
Dwellings (Square Feet)
0--3,000 80 square feet of floor area for each 100 in
lot area, up to a maximum of 2,400 square feet of floor area.
3,000--6,000 2,400 square feet of floor area, plus 28
square feet of floor area for each additional 100 square feet in lot area, up to a maximum
of 3,240 square feet of floor area.
6,000--9,000 3,240 square feet of floor area, plus 14
square feet of floor area for each additional 100 square feet in lot area, up to a maximum
of 3,660 square feet of floor area.
9,000--15,000 3,660 square feet of floor area, plus 6 square
feet of floor area for each additional 100 square feet in lot area, up to a maximum of
4,020 square feet of floor area.
15,000--5000 4,020 square feet of floor area, plies 5 square
feet of floor area for each additional 100 square feet in lot area, up to a maximum of
5,770 square feet of floor area.
501000+ 5,770 square feet of floor area, plus 2 square
feet of floor area for each additional 100 square feet in lot area.
''Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9,000 square feet containing a historical landmark shall not
exceed the floor area allowed for one detached residential dwelling. Total external floor
area for two detached residential dwellings on a lot of 9,000 square feet or greater shall
not exceed the floor area allowed for one duplex.
Lot Size Duplex Allowable Square Feet*
(Square Feet)
0--3,000 90 square feet of floor area for each 100
square feet inlot area, up to a maximum of 2,700 square feet of floor area.
3,000--6,000 25700 square feet of floor area, plus 30
square feet of floor area for each additional 100 square feet in lot area, up to a maximum
of 3,600 square feet of floor area.
6,000--9,000 3,600 square feet of floor area, plus 16
square feet of floor area for each additional 100 square feet in lot area, up to a maximum
of 4,080 square feet of floor area.
9,000--15,000 4,080 square feet of floor area, plus 6 square
feet of floor area for each additional 100 square feet in lot area, up to a maximum of
4,440 square feet of floor area.
1500--505000 4,440 square feet of floor area, plus 5 square
feet of floor area for each additional 100 square feet in lot area, up to a maximum of
6,190 square feet of floor area.
503000+ 6,190 square feet of floor area, plus 3 square
feet of floor area for each additional 100 square feet in lot area.
-'-Total external floor area ratio for two detached residential dwellings or a duplex
on a lot between 6,000 and 9,000 square feet containing a historical landmark shall not
exceed the floor area allowed for one detached residential dwelling. Total external floor
area for two detached residential dwellings on a lot of 9,000 square feet or greater shall
not exceed the floor area allowed for one duplex.
Exhibit �./
Proposed ADU &Alley House
26.520
Accessory Dwelling Units and Alley Houses
26.520.010
Purpose
26.520.020
Definition
26.520.030
Authority
26.520.040
Applicability
26.520.050
Design Standards
26.520.060
Calculations and Measurements
26.520.070
Deed Restrictions, Recordation, Enforcement
26.520.080 Procedure
26.520.090 Amendments
26.520.010 Purpose
The purpose of the Accessory Dwelling Unit (ADU) and Alley House 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 and Alley
Houses 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 and Alley Houses also help to
address the affects of existing homes, which have provided workforce housing, being
significantly redeveloped, often as second homes.
ADUs and Alley Houses 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 and Alley Houses allow second homeowners
the opportunity to hire an on -site caretaker to maintain their property in their absence.
Increased employee housing opportunities in close proximity to employment and
recreation centers is also an environmentally preferred land use pattern, which
reduces automobile reliance.
Detached ADUs and Alley Houses emulate a historic development pattern and
maximize the privacy and livability of both the ADU or Alley Houses and the
primary unit. Detached ADUs and Alley Houses are more likely to be occupied by a
local working resident, furthering a community goal of housing the workforce.
To the extent Aspen desires detached ADUs and Alley Houses which provide viable
and livable housing opportunities to local working residents, detached ADUs and
ADU & Alley House
Page 1
Alley Houses qualify existing vacant lots of record and significant redevelopment of
existing homes for an exemption from the Growth Management Quota System. In
addition, detached ADUs and Alley Houses deed restricted as "For Sale" units,
according to the Aspen/Pitkin County Housing Authority Guidelines, as amended,
and sold according to the procedures established in the Guidelines provide for certain
Floor Area incentives.
26.520.020 General
Accessory Dwelling Units and Alley Houses are separate dwelling units incidental
and subordinate in size and character to the primary residence and located on the
same parcel or on a contiguous lot under the same ownership. A primary residence
may have no more than one ADU or Alley House. An ADU or Alley House may not
be accessory to another ADU or Alley House. A detached ADU or Alley Houses may
only be conveyed separate from the primary residence as a "For Sale" Affordable
Housing unit to a qualified purchaser pursuant the AsperVPitkin County Housing
Authority Guidelines, as amended. ADUs and Alley Houses shall not be considered
units of density with regard to zoning .requirements. Accessory dwelling units and
Alley Houses shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Accessory dwelling units and Alley
Houses also may not be used to meet the requirements of Chapter 26.530 "Residential
Multi -Family Housing Replacement Program." All ADUs and Alley Houses shall be
developed in conformance with this Section.
26.520.030 Authority.
The Conununity Development Director, in accordance with the procedures, standards,
and limitations of this Chapter and of Common Development Review Procedures,
Section 26.304, shall approve, approve with conditions, or disapprove a land use
application for an Accessory Dwelling Unit or Alley House.
An appeal of the Community Development Director's determination shall be
considered by the Plaguing and ZonllZg Commission and approved, approved with
conditions, or disapproved, pursuant to Section 26.520.080, Special Review.
A land use application requesting a variation of the ADU or Alley House design
standards shall be approved, approved with conditions, or disapproved by the
Planning and Zoning Commission, pursuant to Section 26.520.080, Special Review.
If the land use application requesting a variation of the ADU or Alley House design
standards is part of a consolidated application process, authorized by the Community
Development Director, requiring consideration by the Historic Preservation
Commission, the Historic Preservation Conu-nission shall approve, approve with
conditions, or disapprove the variation, pursuant to Section 26.520.0801, Special
Review.
26.520.040 Applicability
ADU & Alley House
Page 2
This Section applies to all zone districts within the City of Aspen in which an
Accessory Dwelling Unit or Alley House is a permitted use, as designated in Section
26.710, and to all Accessory Dwelling Units approved prior to the adoption of
Ordinance No. _, Series of 2002.
26. 520.050 Design Standards
All ADUs and Alley Houses shall conform to the following design standards unless
otherwise approved, pursuant to Section 26.520.080, Special Review:
l . An ADU must contain between 300 and 800 net livable square feet, 10% of
which must be a closet or storage area. An Alley House must contain between
800 and 1,200 net livable square feet, 10% of which must be closet or storage
area
2. An ADU or Alley House must be able to function as a separate dwelling unit..
This includes the following:
a) An ADU or Alley House must be separately accessible from the
exterior. An interior entrance to the primary residence may be
approved, pursuant to Special Review;
b) An ADU or Alley House must have separately accessible utilities.
This does not preclude shared services;
c) An ADU or Alley House shall contain a kitchen containing, at a
minimum, an oven, a stove with two burners, a sink and a refrigerator
with a minimum of 6 cubic feet of capacity and a freezer; and,
d) An ADU or Alley House shall contain a bathroom containing, at a
minimum, a sink, a toilet, and a shower.
3. One parking space for the ADU or Alley House shall be provided on -site and
shall remain available for the benefit of the ADU or Alley House resident.
The parking space shall not be stacked with a space for the primary residence.
4. The finished floor height(s) of the ADU or Alley House shall be entirely
above the natural or finished grade, whichever is higher, on all sides of the
structure.
5. The ADU or Alley House shall be detached from the primary residence. An
ADU or Alley House located above a detached garage or storage area shall
qualify as a detached ADU or Alley House. No other connections to the
primary residence, or portions thereof, shall qualify the ADU or Alley House
as detached.
6. An ADU or Alley House shall be located within the dimensional requirements
of the zone district in which the property is located.
7. The roof design shall prevent snow and ice from shedding upon an entrance to
an ADU or Alley House. if the entrance is accessed via stairs, sufficient
ADU & Alley House
Page 3
means of preventing snow and ice from accumulating on the stairs shall be
provided.
8. ADUs and Alley Houses shall be developed in accordance with the
requirements of this title which apply to residential development in general
These include, but are not limited to, the Uniform Building Code requirements
related to adequate natural light, ventilation, fire egress, fire suppression, and
sound attenuation between living units. This standard may not be varied.
9. All ADUs and Alley Houses shall be registered with the Housing. Authority
and the property shall be deed restricted in accordance with Section
26.520.070 Deed Restrictions. This standard may not be varied.
26. 520.060 Calculations and Measurements
A. Floor Area.
ADUs and Alley Houses are attributed to the maximum allowable floor area for the
given property on which they are developed, pursuant to Section 26.575.020
Calculations and Measurements.
B. Net Livable Square Footage.
ADUs and Alley Houses must contain certain net livable floor area, unless varied
through a land use review. The calculation of net livable area differs slightly from the
calculation of Floor Area inasmuch as it measures the interior dimensions of the unit.
26. 520.070 Deed Restrictions and Enforcement.
A. Deed Restrictions.
At a minimum, all properties containing an ADU or an Alley House shall be deed
restricted in the following manner:
• The ADU or Alley House shall be registered with the Aspen/Pitkin County
HOusing Authority.
• Any occupant of an ADU or Alley House shall be qualified as a local working
resident according to the current Aspen/Pitkin County Housing Authority
Guidelines, as amended.
• The ADU or Alley House shall be restricted to lease periods of no less then six
months in duration, or as otherwise required by the current Aspen/Pitkin County
Housing Authority Guidelines. Leases must be recorded with the Housing
Authority.
A detached and permanently affordable Accessory Dwelling Unit or Alley House
qualifying a property for a Floor Area Exemption, pursuant to Section
26.575.020(A)(6), shall be deed restricted as a "For Sale" Affordable Housing Unit
and conveyed to a qualified purchaser, according to the Aspen/Pitkin County Housing
Authority Guidelines, as amended.
Accessory Dwelling Units deed restricted to Mandatory Occupancy in exchange for a
Floor Area Bonus, prior to the adoption of Ordinance 46, Series of 2001, shall be
ADU & Alley House
Page 4
continuously occupied by a local working resident, as defined by the Aspen/Pitkin
County Housing Authority, for lease periods of six months or greater, unless the
owner is granted approval to remove that restriction pursuant to Section 26.520.090
(A), Insubstantial Amendments.
The Aspen/Pitkin County Housing Authority shall provide a standard form for
recording Accessory Dwelling Unit or Alley House deed restrictions. The deed
restriction shall be recorded with the Pitkin County Clerk and Recorder prior to an
application for a building permit may be accepted. The book and page associated with
the recordation shall be noted in the building permit plans for an ADU or Alley
House.
B. Enforcement.
The Aspen/Pitkin County Housing Authority, or their designee, shall enforce the
recorded deed restriction between the property owner and Aspen/Pitkin County
Housing Authority.
26.520.080 Procedure
A. Gen eraL
Pursuant to Section 26.304.020, Pre -Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of the ADU and Alley House Program.
A development application for an ADU or Alley House shall include the requisite
information and materials, pursuant to Section 26.304.030. In addition, the
application shall include scaled floor plans and elevations for the proposed ADU or
Alley House. The application shall be submitted to the Community Development
Department.
Any bandit dwelling unit which can be demonstrated to have been in existence on or
prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with
the requirements of this section may be legalized as an accessory dwelling unit, if it
shall meet the health and safety requirements of the Uniform Building Code, as
determined by the, Chief Building Official. No retro-active penalties or assessments
shall be levied against any bandit unit upon legalization.
ADUs and Alley Houses require a separate building permit. After a Development
Order has been issued for an ADU or Alley House, a building permit application may
be submitted in conformance with Section 26.304.075.
B. Administrative Review.
In order to obtain a Development Order for an ADU or Alley House, the Community
Development Director shall find the ADU or Alley House in conformance with the
criteria for administrative approval. If an application is found to be inconsistent with
these criteria, in whole or in part, the applicant may either amend the application,
ADU & Alley House
Page 5
apply for a Special Review to vary the design standards, or apply for an appeal of the
Director's finding pursuant to Subsection C, below.
An application for an ADU or Alley House may be approved, approved with
conditions, or denied by the Community Development Director based on the
following criteria:
1. The proposed Accessory Dwelling Unit or Alley House meets the requirements of
Section 26.520.050, Design Standards.
2. The applicable deed restriction for the Accessory Dwelling Unit or Alley House
has been accepted by the Aspen/Pitkin County Housing Authority and the deed
restriction is recorded prior to an application for a building permit.
C. Appeal of Director's Determination.
An appeal of a determination made by the Community Development Director, shall
be reviewed as a Special Review pursuant to subsection D, below. In this case, the
Community Development Director's finding shall be forwarded as a recommendation
and a new application need not be filed.
D. Special Review.
An application requesting a variance from the ADU and Alley House design
standards, or an appeal of a determination made by the Colnlnunity Development
Director, shall be processed as a Special Review in accordance with the Common
Development Review Procedure set forth in Section 26.304. The Special Review
shall be considered at a public hearing for which notice has been posted and mailed,
pursuant to Section 26.304.060(E)(3)(b and c).
Review is by the Planiling and Zoning Commission. If the property is a Historic
Landmark, on the Inventory of Historic Sites and Structures, or within a Historic
Overlay District, and the application has been authorized for consolidation pursuant to
Section 26.304, the Historic Preservation Commission shall consider the Special
Review.
A Special Review for an ADU or Alley House may be approved, approved with
conditions, or denied based on conformance with the following criteria:
1. The proposed ADU or Alley House is designed in a maimer which promotes the
purpose of the ADU and Alley House 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 or Alley House 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,
ADU & Alley House
Page 6
3. The proposed ADU or Alley House is designed in a manner which is compatible
with or el-hances the character of the neighborhood considering all dimensions,
density, designated view planes, operating characteristics, traffic, availability of
on -street parking, availability of transit services, and walking proximity to
employment and recreational opportunities.
E. Inspection anal Acceptance.
Prior to issuance of a Certificate of Occupancy for an ADU or Alley House, the
Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect
the ADU or Alley House for compliance with the Design Standards. Any un-
approved variations from these standards shall be remedied or approved pursuant to
this chapter prior to issuance of a Certificate of Occupancy or Certificate of
Compliance.
26. 520.090 Amendment of an ADU or Alley House Development Order
A. Insubstantial AmendmenL
AZ insubstantial amendment to an approved development order for an Accessory
Dwelling Unit or Alley House may be authorized by the Community Development
Director if:
1. The change is in conformance with the design standards, Section 26.520.050, or
does not exceed approved variations to the design standards; and,
2. The change does not alter the deed restriction for the ADU or Alley House or the
alteration to the deed restriction has been approved by the Aspen/Pitkin County
Housing Authority.
3. An amendment application that proposes to remove a Mandatory Occupancy
ADU deed restriction placed on the property prior to adoption of Ordinance No.
46, Series of 2001, may be approved if all of the following criteria are met:
a. The mandatory occupancy deed restriction shall have .been recorded on the
property for a minimum of three (3) years prior to the date of application for
its removal. The applicant shall demonstrate a change in circumstances
supporting the request to remove the restriction.
b. The Mandatory Occupancy deed restriction on the ADU is replaced with the
minimum ADU deed restriction allowing voluntary occupancy; and,
c. The applicant has obtained approval either:
l . From the City of Aspen to develop a deed restricted affordable housing
unit on a site that is not otherwise required to contain such a unit or from
the Aspen/Pitkin County Housing Authority to convert an existing free-
market unit and deed restrict the unit to affordable housing status. The
replacement affordable housing unit shall be within the Aspen Infill Area,
shall be of a comparable size and type as the ADU, shall be accepted by
the Aspen/Pitkin County Housing Authority, and shall be deed restricted
ADU & Alley House
Page 7
as a Category 3, or lower, sales unit according to the Aspen/Pitkin County
Housing Guidelines, as amended; or,
2. From the Aspen/Pitkin County Housing Authority to pay an affordable
housing conversion fee, calculated according to the following formula:
assessed value of parcel
square footage plus improvements
$ payment = of bonus floor x
area floor area of residence
(excluding bonus FAR)
Notes:
■ The assessed value of the lot plus improvements shall be that value
assigned to the lot and improvements in the most current assessment
made by the Pitkin County Assessor.
■ The Floor Area of the residence shall be calculated pursuant to Section
26.575.020 (A), as amended.
■ Payment shall be made in compliance with the applicable requirements
for payment -in -lieu contained in the Aspen/Pitkin County Housing
Guidelines, as amended.
d. The structure granted the bonus Floor Area shall be considered a
legally created Nonconforming Structure and subject to the provisions of
Section 26.312.
B. Other Amendments.
All other amendments to an approved development order for an Accessory Dwelling
Unit or Alley House shall be reviewed pursuant to the terms and procedures of this
Section.
,qectinn 2-
Section 26.470.070(B) subparagraphs 1 and 2, which Section defines, authorizes, and
regulates the process for exempting the development of single-family and duplex
residences from the scoring and competition and scoring procedures of the Growth
Management Quota System (GMQS), is hereby amended to read as follows:
1. Single-family. In order to qualify for a single-family exemption, the applicant
shall have five (5) options:
a. Providing an above grade, detached Accessory Dwelling Unit (ADU) or
Alley House, pursuant to Section 26.520;
b. Providing an Accessory Dwelling Unit or Alley House authorized through
Special Review to be attached and/or partially or fully subgrade, pursuant
to Section 26.520; or,
ADU & Alley House
Page 8
c. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
d. Paying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended; or,
e. Recording a Resident -Occupancy (RO) deed restriction on the single-
family dwelling unit'being constructed.
2. Duplex. In order to qualify for a duplex exemption, the applicant shall have
six (6) Options:
a. Providing one free market dwelling unit and one deed restricted Resident -
Occupied (RO) dwelling unit with a minimum floor area of one thousand
five hundred (1,500) square feet; or,
b. providing either two above grade, detached Accessory Dwelling Units or
one above grade, detached Alley House, pursuant to Section 26.520; or,
c. Provlding either two Accessory Dwelling Units or one Alley House
authorized through Special Review to be attached and/or partially or fully
subgrade, pursuant to Section 26.520; or,
d. Providing an off -site Affordable Housing Unit within the Aspen Infill
Area accepted by the Aspen/Pitkin County Housing Authority and deed
restricted in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended; or,
e. Providing two deed restricted Resident -Occupied (RO) dwelling units; or
f. Paying the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended.
Ceetinn 1-
Section 26.104.100, which section defines terms used in the Land Use Code, is hereby
amended to include the following terms:
Alley House. A deed restricted dwelling unit attached to or detached from a
principal residence situated on the same lot or parcel, and which meets the
occupancy, dimensional and other requirements set forth in Section 26.520 of this
Title, and requirements set forth in the Aspen/Pitkin County Housing Guidelines.
Accessory Dwelling Unit (ADU). A deed restricted dwelling unit attached to or
detached from a principal residence situated on the same lot or, parcel, and which
meets the occupancy, dimensional and other requirements set forth in Section
26.520 of this Title, and requirements set forth in the Asperi/Pitkin County
Housing Guidelines.
ADU & Alley House
Page 9
Section 4:
Section 26.575.020(A)(6), which section defines the method in which Floor Area is
calculated for Accessory Duelling Units and attributed to the allowable Floor Area for
the parcel, is hereby amended to read as follows:
6. Acce,s,sory Uyelling Units and Alley Houses. An Accessory Dwelling Unit
or Alley House shall be calculated and attributed to the allowable floor
area for a parcel with the same inclusions and exclusions for calculating
Floor Area as defined in this Section, unless eligible for an exemption as
described below:
Detached and permanently affordable ADU or Alley House Floor Area
Exemption, One Hundred (100) percent of the Floor Area of an ADU or
Alley House which is detached from the primary residence and deed
restricted as a "For Sale" affordable housing unit and transferred to a
qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, as amended, shall be excluded from the calculation
of Floor Area, up to a maximum exemption of 1,200 square feet
ADU & Alley House
Page 10