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HomeMy WebLinkAboutordinance.council.044-99 ~ "-- ~. r ORDINANCE NO. 44 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE ACCESSORY DWELLING UNIT PROGRAM, SECTION 26.520, AMEND THE GROWTH MANAGEMENT QUOTA SYSTEM, SECTION 26.470, AMEND THE METHOD OF CALCULATING FLOOR AREA FOR ACCESSORY DWELLING UNITS, SECTION 26.575.020, AMEND THE ZONE DISTRICTS ESTABLISHED IN SECTION 26.710, AMEND THE DEFINITION OF "ACCESSORY DWELLING UNIT," SECTION 26.104.100, AMEND THE OFF-STREET PARKING REGULATIONS, SECTION 26.515.030, AND AMEND SPECIAL REVIEW, SECTION 26.430 OF THE LAND USE CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director ofthe 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, 26.575.020,26.710,26.104.100,26.515.030, and 26.430 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 herein, 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, 26.575.020,26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Plannip.g and Zoning Commission opened the public hearing to consider the existing and proposed Accessory Dwelling Unit Program on August 3,1999, and continued the hearing to August 24, 1999, took and considered public testimony and the recommendation of the Planning Director and recommen4ed, by a six to zero (6-0) 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, 26.710, 26.104.100,26.515.030, and 26.430 of the land use code of the Aspen Municipal Code as described in Planning and Zoning Commission Resolution 99-24; and, Ordinance No. 44, Series of 1999 Page 1 r WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the text amendments to Sections 26.520, 26.470; 26.575.020, 26.710, 26.104.100, 26.515.030, and 26.430 of the land use code of the Aspen Municipal Code, as described herein, and commonly referred to as the "Accessory Dwelling Unit Program," meet or exceed all applicable standards and that the approval 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, THAT: Section 1: 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, is hereby amended by replacing, in total, the language in said section with the following text: r 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 26.520 Accessory Dwelling Units 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 (ADD) 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 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 also help to address the affects of existing homes, which have provided workforce housing, being significantly redeveloped, often as second homes. Ordinance No. 44, Series of 1999 Page 2 r"\ , o ADUs support local Aspen businesses by providing an employee base within the town and providing a critical mass oflocal residents important to preserving Aspen's character. ADUs allow second home owners the opportunity to hire an on-site caretaker to rnaintain 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. To the extent Aspen desires Accessory Dwelling Units which provide viable and livable housing opportunities to local working residents, ADU's qualify existing vacant lots of record and significant redevelopment of existing homes for an exemption from the Growth Management Quota System. In addition, ADU's deed restricted to Mandatory Occupancy provide for certain Floor Area incentives. r 26. 520.020 General An Accessory Dwelling Unit, or ADU, is a separate dwelling unit 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 ADU cannot be conveyed as a property interest separate from the primary residence, and an 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 ADUs 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. r- 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 Ordinance No. 44, Series of 1999 Page 3 o Historic Preservation Commission shall approve, approve with conditions, or disapprove the variation, pursuant to Section 26. 520.080, Special Review. 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 26.710, and to all Accessory Dwelling Units approved as a Conditional Use prior to the adoption of Ordinance No. 44, Series of 1999. 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 square feet, 10% of which must be a closet or storage area. 2. An ADU must be able to function as a separate dwelling unit. This includes the following: An ADU must be separately accessible from the exterior. An interior entrance to the primary residence may be approved by the Commission, pursuant to Special Review; An ADU must have separately accessible utilities. This does not preclude shared services; An ADU 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, 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 ofthe ADU resident. The parking space shall not be stacked with a space for the primary residence. 4. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. 5. 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 from accumulating on the stairs shall be provided. 6. ADUs 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. ,r-, ~ a) b) c) d) Ordinance No. 44, Series of 1999 Page 4 7. 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. r.o 26. 520.060 Calculations and Measurements A. Floor Area. ADU's 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 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 the AspenlPitkin County Housing Authority. . Any occupant of an ADU shall be qualified as a local working resident according r to the current AspenlPitkin 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 AspenlPitkin 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 the 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. The AspenlPitkin 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. 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. ~. Ordinance No. 44, Series of 1999 / Page 5 ,~ 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 ADU, a building permit application may be submitted in conformance with Section 26.304.075. r" 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 AspenlPitkin 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. Ordinance No. 44, Series of 1999 Page 6 ~. D. Special Review. An application requesting a variance from the ADU 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 may 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, f' 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 walking proximity to employment and recreational opportunities. E. Inspection and Acceptance. Prior to issuance of a Certificate of Occupancy for an ADU, the AspenlPitkin County Housing Authority, or the Chief Building 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. {' 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, Ordinance No. 44, Series of 1999 Page 7 ~. 2. The change does not alter the deed restriction for the ADU or the alteration to the deed restriction has been approved by the AspenlPitkin 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 proced1l!es of this Section. Section 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 three (3) options: a. Providing an Accessory Dwelling Unit (ADU), pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended; or c. 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 five (5) 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; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) neUivable square feet, pursuant to Section 26.520; c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable floor area of three hundred (300) square feet, pursuant to Section 26.520; d. providing two deed restricted Resident-Occupied (RO) dwelling units; or e. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. o Section 3: Section 26.430.030, which section defines the applicability of the Special Review land use process, is hereby amended to read as follows: Ordinance No. 44, Series of 1999 Page 8 ~ Special Review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: . Dimensional requirements (Chapter 26.710 - Zone Districts), . Replacement of non-conforming structures ( Chapter 26.312) . Reduction of open space requirements in CC zone district (Section 575.030(B)), . Off-street parking requirements (Section 26.515.040), . Reductions in the dimensions of utility/trash service areas (Section 26.575.060), . . Subdivision standards (Section 26.480.050). . Accessory Dwelling Unit Design Standards (Section 26.520) Section 4: Section 26.430.040, which section defines the review standards for Special Review according to the type of development, is hereby amended by the addition of subparagraph H to read as follows: H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to determine a change in the design standards required for Accessory Dwelling Units, it shall be considered in accordance with the standards set forth at Section 26.520.080(D). ~ Section 5: Section 26.104.100, which section defines terms used in the Land Use Code, is hereby amended by referencing the new Section number ofthe Accessory Dwelling Unit Program as follows: 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 ofthis Title. Section 6: Section 26.515.030, which contains a chart defining the number of required off-street parking spaces according to zone district designation, is hereby amended to read as follows: *For single-family and duplex residential use and multi-family use: two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.430 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only. One (I) space/dwelling unit is required ifthe unit is either a studio or one-bedroom unit. ~. Ordinance No. 44, Series of 1999 Page 9 Section 7: Section 26.575.020(A)(6), which section defines the method in which Floor Area is calculated for Accessory Dwelling Units and attributed to the allowable Floor Area for the parcel, is hereby amended to read as follows: 6. Accessory Dwellinf( 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 a described below. r Detached ADU Floor Area Bonus. Fifty (50) percent of the net livable square footage of an ADU which is detached from the primary residence by a distance of no less than ten (10) feet and which is housed in a structure with a footprint of no more than 625 square feet shall be excluded from the calculation of Floor Area. Mandatory Occupancy ADU Floor Area Bonus. Fifty (50) percent of the net livable square footage of an Accessory Dwelling Unit deed restricted to Mandatory Occupancy shall be excluded from the calculation of Floor Area. This Mandatory Occupancy restriction requires the 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. ~. Combined FAR Bonuses. If an ADU is eligible for both of the Floor Area bonuses described above, one hundred (100) percent of the net livable square footage ofthe ADU shall be excluded from the calculation of Floor Area. Section 8: Section 26.710, which section defines the purpose of, and regulates permitted uses, conditional uses, and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by eliminating the conditional use: Accessory Dwelling Units meeting the provisions of Section 26.520.040, and adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520, to the following zone districts: ~. 26.710.040 26.710.050 26.710.060 26.710.080 26.710.090 26.710.100 26.710.130 26.710.140 26.710.150 Medium-Density Residential (R-6). Moderate-Density Residential (R-15). Moderate-Density Residential (R-15A). Low-Density Resid.ential (R-30). Residential Multi-Family (RlMF). Residential/Multi-Family (RlMP A). Rural Residential (RR). Commercial Core (Ce). Commercial (C-l). Ordinance No. 44, Series of 1999 Page 10 1""'\ 26.710.180 26.710.190 26.710.220 Office (0). LodgelTourist Residential (LITR). Conservation (C). Section 9: Section 26.710, which section defines the purpose of, and regulates permitted uses, conditional uses, and dimensional requirements for land according to the Zone District designation as defined by the Official Zone District Map of the City of Aspen, is hereby amended by adding the permitted use: Accessory Dwelling Units meeting the provisions of Section 26.520, to the following zone districts: 26.710.110 26.710.120 Affordable HousingIPlanned Unit Development (AH1/PUD). Residential Mobile Home Park (MHP). Section 10: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. r Section 11: This Ordinance shall not affect 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 12: 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. Section 13: A public hearing on the Ordinance shall be held on the 8th day of November, 1999 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be 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 of Aspen on this 12th day of October, 1999. Attest: ~. Ordinance No. 44, Series of 1999 Page 11 o ~. r--. , FINALLY, adopted, passed and approved this X day O~J 999. Attest: ~~ Approved as to form: ~~ I tto ey C:lhomeICHRlSBICASESIADU _ CODEIADU _ ord.doc Ordinance No. 44, Series of 1999 Page 12