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Home My WebLink Aboutresolution.apz.042-01 RESOLUTION NO. 42 (SERIES OF 2001) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO TIlE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520~ CREATING A PROCESS FOR RELIEVING PROPERTIES OF MANDATORY OCCUPANCY ACCESSPORY DWELLING UNIT DEED RESTRIcTiONS AND RECOMMNEDING ESTABLISIlING DEFINITIONS FOR "DETACIlED STRUCTUREs' AND "ASPEN INFILL AREA~" SECTION 26.104.100, OF TIlE LAND USE CODE. WHEREAS, Alan Richman and Nicholas McGrath, on behalf of Linda and Kenneth Lay- property owners of 270 North Spring Street, have applied for a text amendment to the Land Use Code to create a process to eliminate a Mandatory Occupancy Accessory Dwelling Unit deed restriction and maintain the Floor Area bonus granted in exchange for such restriction; and, WHEREAS, the amendments requested relate to Sections 26.520.070, 26.520.090, 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, WIIEREAS, the Planning Director recommended approval of amendments to Sections 26.520.070, 26.520.090, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein; and, WIIEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the Accessory Dwelling Unit Pro. gram 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 amend'rog the text of sections 26.520, and 26.104.100 of the land use code of the Aspen Municipal Code as described herein. NOW, TIIEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF TIlE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.520.070, Accessory Dwelling Units - Deed Restrictions and Enforcement, which section describes, Planning and Zoning Commission authorizes, and regulates the types of deed restrictions and enforcement thereof for AcceSSory Dwelling Units, by striking and adding, denoted by :~!:c and add, language to the Land Use Code as follows: 26. 520.070 Deed Restrictions and Enforcement. A. Deed Restrictions. At a minimum, all properties containing an ADU shall be deed restricted in the following manner: · The ADU shall be registered with the Aspen/Pitkin County Housing Authority. · Any occupant of an ADU shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. · The ADU shall be res~cted to lease periods of no less then six months in duration, or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. Accessory Dwelling Units qualifying a property for a Floor Area Bonus, pursuant to Section 26.575.020(A)(6), shall be deed restricted to Mandatory Occupancy. This additional restriction requires thc ADU be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six months or greater. The owner shall retain the right to select a qualified renter. Accessory DWelling Units deed restricted to Mandator~ Occupancy in exchange for a Floor Area Bonus~ prior to the adoption of Ordinance , Series °f200i~ Shall be ContinuOusly occupied by a local Working resident~ as defined by the Aspcn/Pitkin Count,/Housing Authority, for lease periods of Six months or greater, Unless the owner is granted approval to remOVe that restriction pursuant t° Section 26.520.090 (A), Insubstantial Amendments. The Aspen/Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit deed restrictions. The deed restriction shall be recorded with the Pitidn County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU. B. Enforcement. The AsperffPitkin County Housing Authority, or their designee, shall enforce the recorded deed restriction between the property owner and ASpen/Pitkin County Housing Authority. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26.520.090(A), Accessory Dwelling Units - Insubstantial Amendment, which section describes, authorizes, and regulates the process for amending an approval for an Accessory Dwelling Unit, by Planning and Zoning Commission Page 2 Page: 2 ot~ 4 11/19/2001 11:47~q striking and adding, denoted by :~!ce and add, language to the Land Use Code as follows: 26. 520.090 Amendment of an ADU Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050, or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. 3. An amendment application that proposes to remove a Mandatory Occupancy ADU deed restriction placed on the property prior to adoption of Ordinance No. , Series of 2001, may be approved if all of the following criteria are met: a. The mandatory occupanc', 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: 1. 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 AsperffPitkin County Housing Authority to convert an existing free- market unit and deed restrict the unit to affordable housing stares. 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 Asper~i[kin County Housing Authority, and shall be deed restricted 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: =,fsquare footage~floo_r[ X ( plusaSSessedimprovementsValue ofparcel '~__/ $ payment /of bonus ~e..a 7 floor area of residence J Notes: Planning and Zoning Commission Resolution No. 42, Seriesof2001 /!!!!/!!~!/!~/!/!/!!11!!~////~/~/!/!!/.~ i~2~ .... Page 3 · The assessed value of the lot plus improvements shall be that value assigned to the 10t and improvements in the m0si current assessment made by the Pitkin Count,/ASsessor. · The Floor Area of the residende 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 ~sP~{~kin county HoUsing Guidelines, as amended. d. The structure granted the bonus Floor Area shall be considered a legally created Nonconforming Structure and subiect t° the Provisions of section 26.312. Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend Section 26,104.100, which section defines terms used in the Land Use Code, by inclusion of the following terms: Structure, detached. A structure not physically connected in any manner to another structure, above or below ground, exclusive of utility connections. Aspen Infill Area. That geographical area of Aspen east of Castle Creek and south of the Roaring Fork River. Section 4: Pursuant to Section 26.310.050 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: Cit~ Attorney' -- U jasmine TYgre, Chair ATTEST: ckie Lothian~, Deputy City Clerk Planning and Zoning Commission ResolutiOnpage 4 No. 42, Series of 2001