Loading...
HomeMy WebLinkAboutresolution.apz.041-01 RESOLUTION NO. 41 (SERIES OF 2001) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING ~E~MENTs TO THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26~520, THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26,470, THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020, AND RECOMMENDING ESTABLISHING DEFINITIONS FOR "DETACHED STRUCTURE" AND "ASPEN INFILL ~A," SECTION 26.104.100, OF THE LAND USE CODE. WHEREAS, the City Council and the Plmming and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Accessory Dwelling Unit Program provisions of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS, the amendments requested relate to Sections 26.520, 26.470, 26.575.020, and 26.104.100, of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the amendments to the Growth Management Quota System (GMQS), as proposed heroin, shall not be implemented retro-actively upon existing Accessory Dwelling Units but shall apply to properties seeking an exemption from GMQS on or after the date of final adoption of these amendments; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.520, 26.470, 26.575.020, and 26.104.100 &the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Accessory Dwelling Unit Program on November 6, 2001, took and considered public testimony and the recommendation of the Planning Director and recommended, by a seven to zero (7-0) vote, City Council adopt the proposed Accessory Dwelling Unit Program amendments to the land use code by amending the text of sections 26.520, 26.470, 26.575~020~ and 26. i0;4.100 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE, BE IT RESOLED BY THE pLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 1 Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.520, Accessory Dwelling Units, which section defines, describes, authorizes, and regulates the process for developing and requirements for operating an Accessory Dwelling Unit, by striking and adding, denoted by :tri!:c and add, language to the Land Use Code as follows: 26.520 Accessory Dwelling Units 26. 520.010 Purpose 26. 520.020 Definition 26. 520.030 Authority 26. 520.040 Applicability 26. 520.050 Design Standards 26. 520.060 Calculations and Measurements 26. 520.070 Deed Restrictions? Recordation, Enforcement 26. 520.080 Procedure 26. 520.090 Amendments 26. 520.010 Purpose The purpose of the Accessory Dwelling Unit (ADU) Program is to promote the long- standing community goal of socially, economically, and environmentally responsible development patterns which balance Aspen the resort and Aspen the communiO,. 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." Al)Us 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. Al)Us 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 pattem~ which reduces automobile reliance. Detached ADU's emulate a historic development pattern and maximize the privacy and livability of both the ADU and the primary unit. Detached ADU's are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. To the extent Aspen desires detached Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, detached ADU's qualify Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 2 existing vacant lots of record and significant redevelopment of existing homes for an exemptiOn from the Growth Management Quota System. In addition, detached ADU's deed restricted to as "For Sale'' units, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended, and sold according to the procedures established in the Guidelines x~*^~' r~ .......... · · .......... ~ ....~-.~j prowde for certmn Floor Area incentives. 26. 520.020 General An Accessory Dwelling Unit, or ADU, is a separate dwelling un/t incidental and subordinate in size and character to the primary residence and located on the same parcel or on a contiguous lot under the same ownership. A primary residence may have no more than one ADU. An ADU may not be accessory to another ADU. An detached ADU car~c~t may only be conveyed separate from the primary residence as a "For Sale" Affordable HoUSing unit to a qualified purchaser ~ o~ .............. ~ ...... j .......... , pursuant the Aspen/Pitkin Count,/HOusin~ Authority Guidelines, as amended, and Aan ADU shall not be Considered a unit of density with regard to zoning requirements. Accessory dwelling units shall not be used to obtain points in the affordable housing category of the Growth Management Quota System (GMQS). Accessory dwelling units also may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family HOusing Replacement Program." All Al)Us shall be developed in conformance With this Section. 26. 520.030 Authority. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of Common Development Review Procedures, Section 26.304, shall approve, approve with conditions, or disapprove a land use application for an Accessory DWelling Unit. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions, or disapproved, pursuant to Section 26.520.080, Special Review. A land use application requesting a variation of the ADU design standards shall be approved, approved with conditions, or disapproved by the planning and Zoning Commission, pursuant to Section 26.520.080, Special Review. If the land use application requesting a variation of the ADU design standards is part of a consolidated application process, authorized by the Community Development Director, requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with Conditions, or disapprove the variation, pursuant to Section 26.-520.080, Special Review. I 26. 520.040 Applicability This Section applies to all zone districts within the City of Aspen in which an Accessory Dwelling Unit is a Permitted Use, as designated in SeCtion 26.7i0, and to Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 3 all Accessory Dwelling Units approved as a Conditiona! Usc prior to the adoption of Ordinance NO. ~_ , Series of 2001. 26. 520.050 Design Standards All ADUs shall conform to the following design standards unless otherwise approved, pursuant to Section 26.520.080, Special Review: 1. An ADU must contain between 300 and 800 net livable ~quare feet, 10% of which must be a closet or storage area. 2. An ADU must be able to fianction as a separate dwelling unit. This includes the following: a) An ADU must be separately accessible fi.om the exterior. An interior entrance to the primary residence may be approved by ~e Cc~_~nissicn, pursuant to Special Review; b) An ADU must have separately accessible utilities. This does not preclude shared services; c) An ADU shall contain a kitchen containing, at a min'nnum, an oven, a stove with two humors, a sink, and a refrigerator with a minimum of 6 cubic feet of capacity and a freezer; and, d) An ADU shall contain a bathroom containing, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. The parking space shall not be stacked with a space for the primary residence. 4. The finished floor height(s) of the ADU shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. 5. The ADU shall be detached from the primary residence. An ADU located above a detached garage or storage area shall qualify as a detached ADU. No other connections to the primary residence, or portions thereof, shall qualify the ADU as detached. 4.6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. ~.7. The roof design shall prevent snow and ice from shedding upon an entrance to [ an ADU. If the entrance is accessed via stairs, sufficient means of preventing snow and ice fi.om accumulating on the stairs shall be provided. 6.8. ADUs shall be developed in accordance with the requirements of this title I which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. This standard may not be varied. Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 4 %9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. This standard may not be varied. 26. 520.060 Calculations and Measurements A. Floor Area. ADU's are attributed to the maximum allowable floor area for Se given property on which they are developed, pursuant to Section 26.575.020 Calculations and Measurements. B. Net Livable Square Footage. ADUs must contain between 300 and 800 square feet of net livable floor area, unless varied through a land use review. The calculation of net livable area differs slightly from the calculation of Floor Area inasmuch as it measures the interior dimensions of the unit. 26. 520.070 Deed Restrictions and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: The ADU shall be registered with thc Aspen/Pitkin County Housing Authority. · Any occupant of an ADU shall be qualified as a local working resident according to the current Asper~Pitkin County Housing Authority Guidelines, as amended. · The ADU shall be restricted to lease periods of no less then six months in duration, or as otherwise required by the current AspenfPitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. The owner shall retain the right to select a qualified renter. A detached and permanently affordable Accessory Dwelling Units qualifying a property for a Floor Area ExemPtiov~enu:, 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 H°U~ing Authority Guidelines, as amended ............. ..... re ....... on The Asper~Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitkin County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 5 B. Enforcement. The AsPerffPitkin County Housing Authority, or their designee, shall enforce the recOrded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. 26. 520.080 Procedure A. General Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU Program. A development application for an ADU shall include the requisite information and materials, pursuant to Section 26.304.030. In addition, the application shall include scaled floor plans and elevations for the proposed ADU. The application shall be submitted to the Community Development Department. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the adoption of Ordinance No. 44, Series of 1999, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the Chief Building Official. No retro-active penalties or assessments shall be levied against any bandit unit upon legalization. ADUs require a separate building permit. After a Development Order has been issued for an Al)U, a building permit application may be submitted in conformance with Section 26.304.075. B. Administrative Review. In order to obtain a Development order for an ADU, the community Development Director shall find the ADU in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part, the applicant may either amend the application, apply for a Special Review to vary the design standards, or apply for an appeal of the Director's finding pursuant to Subsection C, below. An application for an ADU may be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1. The proposed Accessory Dwelling Unit meets the requirements of Section 26.520.050, Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit has been accepted by the Aspen/Pitkin County Housing Authority and the deed restriction is recorded prior to an application for a building permit. Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 6 C. Appeal of Director's Determination. An appeal ora determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection D, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Directory shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is a Historic Landmark, on the Inventory of Historic Sites and Structures, or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shal! consider the Special Review. A Special Review for an ADUmay be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, 2. The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, 3. The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and wailing proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an Al)U, the Aspen/Pitkin County Housing Authority, or the ChiefBnilding Official, shall inspect the ADU for compliance with the Design Standards. Any un-approved variations from these standards shall be remedied or approved pursuant to this chapter prior to issuance of a Certificate of Occupancy or Certificate of Compliance. Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 7 26. 520.090 Amendment of an ADU Development Order A. Insubstantial Amendment. ~ An insubstantial amendment to '.an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050, or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the AsperdPitkin County Housing Authority. B. Other Amendments. All other amendments to an approved development order for an Accessory Dwelling Unit shall be reviewed pursuant to the terms and procedures of this Section. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Pla~ing and Zoning Commission hereby recommends City Council amend Section 26.470.070(B) subparagraphs 1 and 2, which Section defines, authorizes, and regulates the process for excnnpting the development of single-family and duplex residences from the scoring and competition and scoring procedures of the Growth Management Quota System (GMQS), by striking and adding, denoted by :~-Ske and add, language to the Land Use Code as follows: 1. Single-family. In order to qualify for a single-family excuuption, the applicant shall have ~e-five (5_.3) options: a.a. Providing an above grade, detached Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or full,/ subgrad~, pursuant to Section 26.520; or, c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by ~he AsperffPitkin C0unt¥ HoUSing ~uthorit¥ ~d deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d. pPaying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or~ e. Recording a Resident-Occupancy (RO) deed restriction on the single- family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have fiYe-six (~S) options: Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 8 a. a. Providing one flee 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; o__~r b.b. providing either two above grade, detached-.~ec units Accessory Dwelling Units or ~n~ one above grade, detached accessory dwelling unit with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; o_q~r c. Providing either two Accessory Dwelling Units or one Accessory_ Dwelling Unit with a minimum Of 600 net livable Square feet authorized throu.mh 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 InfiI1 Area accepted by the ~spen~itkin C°untY HoUSin~ Auth°rity and deed restricted in accordance with the AsPen/Pitkin County Housing Authority Guidelines, as amended; or, e. d. P_providing two deed restricted Resident-Occupied (RO) dwelling units; or f. e. P_paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.104.!00, which section defines terms used in the Land Us~ Code, by inclusion of the following terms: Structure, detached. A structure not physically connected in any manner to another structure, abov~ 0~ below groUnd, eXclusive of utility connections. Aspen Infill Area. That geographical area of Aspen east of Castle Creek and south of the Roaring Fork River. Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.575.020(A)(6), which section defines the method in which Floor Area is calculated for Agcessory Dwelling Units and attributed to the allowable Floor Ar~a for the parcel by striking and adding, denoted by stdtee and add, language to the Land Use Code as follows: 6. Accessory Dwelling Units. An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible for an exemptiOn ~ deScribed below. Planning and Zoning commission Resolution No. 41, Series of 2001 Page 9 Detached and permanently affordable ADU Floor Area Exemption..~cnuz. · ....... ~ ........ ~,~ loor ....~' One H~dred (100~) Percent of the net ~:"~ Area of ~ ~U which is detached ~om ~e pfim~ residence ~d deed restricted as a "For Sale" affordable housing unit ~d ~sfe~ed to a qualified Purchaser in acc0id~ ~ith the ASpe~itkin county Housing Authority_ Guidelines, as ~-' ~ a:;+~x amended, w ............................. ~sh~l be excluded from the calculation of FlOor ~ea. Mandato~ r .... ~ .... r to Section 5: Pursuant to Section 26.310.050 of the Municipal Code, the adoption of this resolution by the Planning and Zoning commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on November 6, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City~ttomey ~ jasmine ~ygre, Chair ~ U ATTEST: 6kie Lothian, beputy City Clerk I Planning and Zoning Commission Resolution No. 41, Series of 2001 Page 10