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Home My WebLink Aboutcode.amendment.caretaker.unitsSECOND READING ON DRAFT ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO REPEALING AND RE-ENACTING SECTION 9-110-041(C), DENSITY BONUS FOR CARETAKER DWELLING UNITS TO: THRU: FROM: RE: MEMORANDUM Pitkin County Board of County Commissioners July 14, 2004 Cindy Houb&k,'CSrhmunity Development Director Ezra Louthis, Planner Private Citizendnitiated Code Amendment to Section 9-I 10-04 I(C), Density Bonus for Caretaker Dwelling Units ("CDU's")-- 2"a Reading SUMMARY OF REQUEST: This is a private citizen-initiated Ordinance proposing an amendment to Section 9-110-041(C), Density Bonus for Caretaker Dwelling Units ("CDU's'), of the Pitkin County Land Use Code (PCLUC). The proposed mnendment is intended to allow development of CDU's of 1000 sq. ft. as a density bonus, and exempt from Growth Management. Currently, the PCLUC allows for CDU's of 700 sq. ft. through Special Review. APPLICANT: Marcella Larsen REPRESENTATIVE: Same LOCATION: 1969 Maroon Creek Road BACKGROUND: On June 23, 2004, tbe BOCC voted 4-0 in favor of adopting the proposed Code Amendment to allow CDU's a maximum net livable square footage of 1000 sq. ft. Tbe only change requested by the Board was to add R-15A to Section 9-110-041(C)la, which is reflected in the draft ordinance. PLANNING AND ZONING COMMISSION: The Planning mid Zoning Commission reviewed the request on April 20, 2004, and voted 3-1 to recommend denial of the request to the BOCC. Tbe P & Z felt that an increase to 1000 sq. ft. would indeed increase pofential impacts, including traffic generation, and that the 700 sq. ft. maximum is sufficient for purposes ora Caretaker Dwelling Unit. The Commission also felt that the CDU's constructed within tbe 700 sq. ft. maximum were being utilized congruous witb the intent o£tbe density bonus as Caretaker Units. RECOMMENDATION: The Board should adopt tbe following motion, "to approve the 2nd Reading of the Code Amendment to Section 9-110-041 (C), Density Bonus for Caretaker Dwelling Units ("CDU's") subject to tbe following ordinance." ATTACHMENT: A. Draft Ordinance ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING AND RE-ENACTING SECTION 9-110-041(C), DENSITY BONUS FOR CARETAKER DWELLING UNITS Ordinance No. -2004 RECITALS 1. Marcella Larsen ("Applicmtt") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for an amendment to Land Use Code Section 9-110-041 (C), Density Bonus for Caretaker Dwelling Units (CDU). The Applicant is requesting that CDUs be allowed to have a maximum net livable square footage of 1000 sq. ft. Currently the maximum is 700 sq. ft. 2. The Planning and Zoning Commission reviewed the amendment to Section 9-110-041 (C), Density Bonus for Caretaker Dwelling Units at a regularly scheduled meeting on April 20, 2004, and voted 3-1 to deny the request. 3. The BOCC considered the amendment at a duly noticed public hearing on first reading May 26, 2004, and approved the amendment on second reading at a regular meeting on June 9, 2004. 4. The BOCC finds that the amendments to Section 9-110-04 I(C), Density Bonus for Caretaker Dwelliug Units, of the Code is appropriate. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends Section 9-110-041 (C), Density Bonus for Caretaker Dwelling Units, of the Pitkin County Code, tbe Land Use Code, as follows: Repeal and re-enact Section 9-110-041(C) as follows: C. Density Bonus for Caretaker Dwelling Units CCDUs"). Caretaker Dwelling Units ("CDUs!') may be exempted from Growth Management through special review and the standards and criteria of this section. As an additional incentive for the construction of CDUs, one CDU may be allowed and exempted from Growth Management on any lot or parcel. The one CDU may be allowed even if the lot or parcel is substandard in size and the resulting development on the lot or parcel would not conform with the underlying zone district's minimum parcel size for each dwelling unit. The density bonus for CDUs shall be subject to the following criteria: 1. Attached Caretaker Dwelling Units. The Community Development Director may permit one Caretaker Dwelling Unit attached to a single family home (hereinafter "principal dwelling") on any lot or parcel of land which conforms to the minimum lot area requiremeots within the R-6, R-15, R-I 5A, R-30, AFR-2, AFR-10, RS-20, RS-30 and RS-160 zone districts under the following conditions and limitations: a. Attached caretaker units shall not exceed soven !;::ndred (790) n~t !ivablc :quart feet one thousand (1.000) net livable square t'e~, except that caretaker units in the R-6, R-15 and R-15A zones }hall be limited to four lmndred (400) net livable square feet. b. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. c. There shall be provided one off-street parking space for the caretaker unit. 5 Ordinance No. - 2004 Page 2 d. The applicant shall by deed restriction or other permanent commitment running with tile land guarantee that tile caretaker unit shall not be required to be rented; not be sold or otherwise coaveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occapancy by not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may fi'om time to time be established by said authority; be rented for terms not less than six (6) months if rented. The Caretaker Dwelling Unit may be occupied by members of the immediate family even though they may not qualify as employees of the community. "hmnediate Family" shall mean a persoa related by blood or marriage who is a first cousin (or closer relative) and his or her children. e. Tile Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit aad mnst meet otherwise applicable Code requirements. 2. Detached Caretaker Dwelling Units. Tile Community Developmeut Director may permit Caretaker Dwelling Units up to z,e;'c:: !:'~'::~rc~ (799) ::ct !i;'a~!c zq~arc feet one thoustmd (J 00(~D net Ii¥.'~hl~e_s_'_q_tun~c'_ t_'e_e_l, on any size lot in tile R-30, AFR-2, AFR-10, RS-20, any other zoue districts where caretaker dwelling units are listed as a Special Review use, nnless there is timely objectioa pursuant to Subsection 9-150-40, in which case tile application will be considered by the Board of County Com~nissioner which may approve or deny tile application. The Community Development Director may permit Caretaker Dwelling Units up to four hundred (400) net livable square feet on any size lot or parcel of land in the R-6, R- 15 and R- 15A zone districts, and any other zone districts where caretaker dwelling units are listed as a Special Review use, unless there is a timely objection pursuant to Subsection 9-I 50-40, in which case the application will be considered by the Board of County Commissioners which may approve or deny the application. All such units may be attached to, or within, the priacipal dwelling; within a properly approved outbuilding, or detached. All such units may be approved under tile following conditions and limitations: a. Tile floor area of the caretaker unit shall be included ill the total allowed floor area for the lot or parcel of land. b. There shall be provided one off-street parkiug space for each bedroom within the principal dxvelling and one off-street parking space for each bedroom in the caretaker unit. c. The applicant shall by deed restriction Or other permanent commitment running with the land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from tile original parcel regardless of the ultimate form of ownership of the caretaker unit; be limited to occupancy by not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Autbority to be) employees of the commnnity under such guidelines as may be fi'om time to time established by said Authority; be rented for terms not less thau six (6) months if rented. The caretaker dwelling may be occupied by members of the immediate family (as defined in Section 8-01 ), evea though they may not qualify as employees of the community. d. The caretaker dwelliag unit restriction may be removed by tile property owner upon approval of the Community Development Director, subject to tbe requirement that the dwelling is removed or modified. If modified, tbe remaining improvements must no Ionger be capable of occupancy as a Dwelling Unit and must meet otherwise applicable Code requirements. 3. No Affordable Honsing Credit. The provisions of this regulation are for tile purpose of providing a voluntary unit (or units) on a Iegally created property in the County. Auy unit grauted under this Ordinance No. - 2004 Page 3 provision of the Code shall uot be used for mitigation of employee housing requirements as established elsewhere in this Code. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 15th day of May, 2004. INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 23rd day of Juue, 2004. APPROVED AND ADOPTED ON SECOND READING on the 14"' day of July, 2004. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the __ day of 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. Jeanette Jones Dorothea Farris, Deputy Clerk Chair Date: APPROVED AS TO FORM: Jolm Ely, County Attorney APPROVED AS TO CONTENT: Cintt~ ~t~6u'ben, ' ~ ' ' Community Development Director 2004 5