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HomeMy WebLinkAboutordinance.council.053-03ORDINANCE NO. 53 (SERIES OF 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE IMPLEMENTING A REVISED ACCESSORY DWELLING UNIT AND CARRIAGE HOUSE PROGRAM: 26.104.100 - DEFINITIONS; 26.520 - ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Director of the Community Development Department to propose amendments to the Land Use Code related to the Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and, WHEREAS, the purpose of the Infill Program is to implement many of the action i~ems identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum concluded in September, 2002) that call for: · intensification of land uses within the traditional townsite. · focusing of growth towards already developed areas and away from undeveloped areas surrounding the city. · development of mixed affordable and free-market residential projects. · development of affordable housing in locations supported by the "Interim Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP). · balance between the community and the resort aspects of Aspen. · sustainability of the local social and economic conditions. · The creation of a development environment in which private sector motivation is leveraged to address community goals; and, WHEREAS, the amendments requested relate to the following Chapters and Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.104.100 - Definitions page 2 26.520 - Accessory Dwelling Units and Carriage Houses page 3; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shalI be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Ordinance No.53 Page Series of 2003. Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amenchnents, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September i7, 2002, continued to September 24, 2002, continued to October i, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002, continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17, 2002, took and considered public ~estimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the Woposed amendments to the land use code by amending the text o£the above noted Chapters and Sections of the Land Use Code, as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission. and has taken and considered public comment at a public hearing; and. WItEREAS, the City Council finds that the proposed text amendments to the Land Use Code meets or exceeds all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO as follows: Section 1: Section 26.104.100. Definitions, which section describes the meaning of terms used in the Land Use Code, shall include the additional following terms and definitions: Carriage 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 Aspen/Pitkin County Housing Guidelines. Ordinance No.53 Page 2 Series of 2003. Section 2: Chapter 26.520, Accessory Dwelling Units and Carriage Houses, which section authorizes and regulates the development and operation of Accessory Dwelling Units and Carriage Houses, shall read as follows: 26.520 Accessory Dwelling Units and Carriage Houses 26.520.010 26.520.020 26.520.030 26.520.040 26.520.050 26.520.060 26.520.070 26.520.080 26.520.090 Purpose Definition Authority Applicability Design Standards Calculations and Measurements Deed Restrictions, Recordation, Enforcement Procedure Amendments 26. 520.010 Purpose The purpose of the Accessory Dwelling Unit (ADU) and Carriage 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 Carriage Houses represent viable housing opportunities for working residents and ailow employees to live within the fabric of the community without their housing being easily identifiable as "employee housing." ADUs and Carriage Houses also help to address the affects of existing homes, which have provided workforce housing, being significantly redeveloped, often as second homes. ADUs and Carriage Houses support local Aspen businesses by providing an employee base within the tovm and providing a critical mass of local residents important to preserving Aspen's character. ADUs and Carriage 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 enviromnentally preferred land use pattern, which reduces automobile reliance. Detached ADUs and Carriage Houses emulate a historic development pattern and maximize the privacy and livability of both the ADU or Carriage Houses and the primary unit. Detached ADUs and Carriage Houses are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. Ordinance No.53 Page 3 Series of 2003. To the extent Aspen desires detached ADUs and Carriage Houses which provide viable and livable housing opportunities to local working residents, detached ADUs and Carriage 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 Carriage 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 Carriage 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 Carriage House. An ADU or Carriage House may not be accessory to another ADU or Carriage House. A detached ADU or Carriage House may only be conveyed separate from the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursuant the Aspen/Pitkin County Housing Authority Guidelines, as amended. ADUs and Carriage Houses shall not be considered units of density with regard to zoning requirements. Accessory dwelling units and Carriage Houses shall not be used to satisfy employee housing requirements of the' Growth Management Quota System (GMQS). Accessory dwelling units and Carriage Houses also may not be used to meet the requirements of Chapter 26.530 "Residential Multi-Family Housing Replacement Program." All ADUs and Carriage Houses 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 or Carriage House. 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 or Carriage 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 Carriage 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 Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26.520.080, Special Review. Ordinance No.53 Page 4 Series of 2003. 26. 520.040 Applicability This Section applies to ali zone districts within the City of Aspen in which an Accessory Dwelling Unit or Carriage 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. 46, Series of 2001. 26. 520.050 Design Standards All ADUs and Carriage Houses 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 square feet, 10% o£ which must be a closet or storage area. An Carriage 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 Carriage House must be able to function as a separate dwelling unit. This includes the following: a) An ADU or Carriage House must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant t( Special Review; b) An ADU or Carriage House must have separately accessible utilities. Thi's does not preclude shared services; c) An ADU or Carriage 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 Can-iage House shall contain a battu'oom containing, at a minimum, a sink, a toilet, and a shower. 3. One parking space for the ADU or Carriage House shall be provided on-site and shall remain available for the benefit of the ADU or Carriage 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 Carriage House shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. 5. The ADU or Carriage House shall be detached from the primary residence. An ADU or Carriage House located above a detached garage or storage area shall qualify as a detached ADU or Carriage House. No other connections to the primary residence, or portions thereof, shall qualify the ADU or Carriage House as detached. 6. An ADU or Carriage 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 Carriage House. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. Ordinance No.53 Series of 2003. Page 5 ADUs and Carriage 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. All ADUs and Carriage 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 Carriage Houses are attributed to the maximm~ 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 Carriage 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 a Carriage House shall be deed restricted in the following manner: · The ADU or Carriage House shall be registered with the Aspen/Pitkin County Housing Authority. · Any occupant of an ADU or Carriage House shall be qualified as a local working resident according ~o the current Aspen/Pitkin County Housing Authority Guidelines, as amended. · The ADU or Carriage 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 Carriage 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, and according to the following sales price limitations: Accessory Dwelling Units from 300 to 500 net livable square feet - Category 3, or lower. Accessory Dwelling Units from 501 to 800 net livable square feet - Category 4, or lower. Carriage Houses from 800 to 1,000 net livable square feet- Category 5, or lower. Carriage Houses from 1,001 to 1,200 net livable square feet - Category 6, or lower. Ordinance No.53 Page 6 Series of 2003. Category sales prices shall be those specified in the Aspen/Pitkin County Housing Authority Guidelines, as amended. The initial developer may select the first qualified purchaser of the unit. Subsequent conveyances shall be according to the lottery sales procedures specified in 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 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 Asper~Pitkin County Housing Authority shall provide a standard form for recording Accessory Dwelling Unit or Carriage House deed restrictions. The deed restriction shall be recorded with the Pitkin Cottnty 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 Carriage 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 Hous.ing 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 and Carriage House Program. A development application, for an ADU or Carriage 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 Carriage 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. After a Development Order has been issued for an ADU or Carriage House, a building permit application may be submitted in conformance with Section 26.304.075. Ordinance No.53 Page 7 Series of 2003. B. Administrative Review. In order to obtain a Development Order for an ADU or Carriage House, the Community Development Director shall find the ADU or Carriage 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, 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 Carriage 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 Carriage House meets the requirements of Section 26.520.050, Design Standards. 2. The applicable deed restriction for the Accessory Dwelling Unit or Carriage 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 Carriage House design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in 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 shall consider the Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The proposed ADU or Carriage House is designed in a manner which promotes the purpose of the ADU and Carriage House program, promotes the purpose of the zone district in which it is proposed, and promotes the unifs general livability. Ordinance No.53 Series of 2003. Page 8 The proposed ADU or Carriage 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. The proposed ADU or Carriage House is designed in a manner which is compatible with or enhances the Character of the neighborhood considering ali dimensions, density, designated view planes, operating characteristics, traffic, availability of on-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU or Carriage House, the Aspen/Pitkin County Housing Authority, or the Chief Building Official, shall inspect the ADU or Carriage 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 Carriage House Development Order A. Insubstantial Amendment. An insubstantial amendment to an approved development order for an Accessory Dwelling Unit or Carriage 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 Carriage House or the alteration to the deed restriction has been approved by the AsperffPitkin 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 ali of the following criteria are met: 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. Ordinance No.53 Series of 2003. The Mandatory Occupancy deed restriction on the ADU is replaced with the minimum ADU deed restriction allowing voluntary occupancy; and, 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 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 Page 9 comparable size and type as the ADU, shall be accepted by the AspevdPitkin 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, From the Aspen/Pitkin County Housing Authority to pay an affordable housing conversion fee, calculated according to the following formula: $ payment = Notes: (quarefootage~ ( assessed value of parcel f bonus floor] X plus improvements ea j floor area of residence (excluding bonus FAR) 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 Ama 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. Ali other amendments to an approved development order for an Accessory Dwelling Unit or Carriage House shall be reviewed pursuant to the terms and procedures of this Section. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any mason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No.53 Series of 2003. Page 10 Section 5: That the City Clerk is directed, upon the adoption of this Ordinance. ro record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 10th day of November. 2003, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City o£Aspen on the 14th day of October, 2003. Attest: 'Kathryfi ~. I~c[,-(2ity Clerk Helen K. Klandel~u~-~[ayor FINALLY. adopted, passed and approved this 10m day of November. 2003. Attest: Kathryn S. l~ch, City Clerk Approved as to form: C:\home\infill\Infill_ADU-Carriage_Ord.doc Ordinance No.53 Page 11 Series of 2003.