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Home My WebLink Aboutordinance.council.035-04 Page: I or 4 01/20/2005 01:401 SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 Ordinance No. 35 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE TEXT OF THE LAND USE CODE TO PERMIT ADDITIONAL DEVELOPMENT ON PROPERTIES CONTAINING AN ACCESSORY DWELLING UNIT AND WHICH ARE NON-CONFORMING WITH RESPECT TO FLOOR AREA - SECTION 26.312.030.C.3 OF THE CITY OF ASPEN LAND USE CODE - NON-CONFORMING STRUCTURES. WHEREAS, the City Council of the City of Aspen directed the applicant to submit an amendment to the Land Use Code, pursuant to sections 26.208; and, WHEREAS, the applicant is Gideon Kaufman, Kaufman Peterson Dishler Attorneys, representing Leonard Lauder, property owner; and, WHEREAS, the requested amendment is to Section 26.312.030.C.3 of the Land Use Code and would permit additional development on properties with an Accessory Dwelling Unit and which are non-conforming with respect to floor area; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewe¢ 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 Planning Director recommended denial of amendments to the Land Use Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments, as described herein, on September 7, 2004, and continued October 5, 2004, took and considered public testimony and the recommendation of the Planning Director and recommended, by a three to two (3-2) vote, City Council not adopt the proposed amendments to the Land Use Code, as described herein. WHEREAS, the Aspen City Council has reviewed and considered the application according to 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, WHEREAS, the City Council finds that the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code 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. Ordinance No. 35, Series of 2004 Page 1 Page: 2 or' 4 SILVIA DAVIS PITKIN COUNTY CO g 21 .00 D 0.00 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.312.030.C o£the City of Aspen Land Use shall include a new subsection 3 to read as follows: 3. Accessory Dwelling Units and Carriage Houses. The only other exception to this requirement shall be for a property with a detached accessory dwelling unit (ADU) or Carriage House. Such a detached ADU or Carriage House structure may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU or Carriage House and also provided that the ADU or Carriage House does not exceed the maximum size allowed for an ADU or Carriage House. The enlargement or expansion must comply with all other requirements of this Title, and shall receive development review approval as required by 26.520~ Accessory Dwelling Units, and Special Review approval pursuant to Section 26.430. The 500 square foot floor area expansion may be allowed if the unit complies with the review criteria and standards of the Aspen Land Use Regulations Sections 26.520 including, but not limited to, a finding that the expansion shall be compatible with the character of surrounding uses and is consistent with the purposes of the underlying zone district. The expanded use shall not have adverse impacts on the surrounding uses or those impacts will be mitigated. Only the floor area which will increase the ADU or Carriage House beyond the legally created non-conforming floor area (the expansion floor area) is required to be mitigated. If the impacts of the expanded use cannot be sufficiently mitigated otherwise,, an additional method for mitigating those impacts and other impacts considered in the land use review, is to extinguish Historic Transferable Development Rights, pursuant to Chapter 26.535, up to a maximum of 500 square feet. In addition to the ability to extinguish a Historic Transferable Development Right, as discussed above, an ADU deed-restricted as a Mandatory Occupancy unit, and only an ADU unit that is deed-restricted as a mandatory occupancy unit, shall have the option to apply to transfer up to a maximum of 500 square feet from a non-historically designated property that has sufficient available floor area pursuant to the special review procedures detailed in this section. In addition to the special review criteria in Section 26.520.080, floor area from a TDR may be approved pursuant to the following additional review criteria: (1) The additional floor area is a conversion of existing square footage which was not previously counted in floor area. (Example: storage space made habitable.) Ordinance No. 35, Series of 2004 Page 2 (2) (3) Page: 3 o.F 4 01/20/2005 0!:401 $ILVIfl DAVIS P:TKIN COUNTY CO e 22.ee D o.ee The additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. The additional floor area creates a unit which is more suitable for caretaker families. (4) The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. (5) No variance from setbacks can be required to accommodate the bonus floor area approved through this section of the Code. (6) The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (7) Historic Transferable Development Rights, commensurate with the floor area expansion, are extinguished pursuant to Chapter 26.535 - Historic Transferable Development Rights. (8) For the transfer of allowable square footage up to 500 square feet from a non- historically designated property to an ADU deed-restricted as a Mandatory Occupancy unit, the Applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the Mandatory Occupancy ADU. Section 2: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. 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 reason 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. 35, Series of 2004 Page 3 Page: 4 of' 4 01/20/2005 01:401 Section 5: A public hearing on the Ordinance was held on the 22"d day of November, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heating a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 6: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED P~BLISItF~as~pro~vided by law, ~y~ho,City Council of the City of Aspen on the ;iS day (~~ ~ '~:~ $~ I~/o/eh, City clerk helen Kalin Kl~nderud, Mayor FINALLY, adopted, passed and approved this ,~q.day of [ ~/c~tL ~'~/orrces~e~, City Attorney Ordinance No. 35, Series of 2004 Page 4