HomeMy WebLinkAboutresolution.council.108.18 RESOLUTION#108
SERIES OF 2018
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES IN SUPPORT OF AMENDMENTS TO THE LAND USE CODE
WHEREAS,pursuant to Section 26.310.020(A),a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Section 26.310,.020(A), the Community Development
Department received direction from City Council to explore amendments to the City's
historic preservation regulations; and,
WHEREAS,pursuant to Section 26.310.020(B)(1),the Community Development
Department conducted Public Outreach with members of the public, historic property
owners, local architects, designers, and planners; and,
WHEREAS, the Community Development Director recommends Council consider
changes to the Historic Preservation, Growth Management Quota System, Subdivision,
Transportation and Parking Management, Transferable Development Rights, Impact Fees
and Zone Districts sections of the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction,and finds it meets the criteria outlined in Section 26.310.040;and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness and viability of the regulations within the City of Aspen Land Use Code
to achieve City Council's policy and regulatory goals; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on September 17, 2018 the City Council approved Resolution#108, Series of 2018,
by a r-)to vote,requesting code amendments to the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS,the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety,and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
The objectives of these code amendments are to:
A. Ensure continued preservation of all historic resources.
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Historic Preservation Benefits Code Amendments Policy Resolution
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B. Ensure historic preservation projects appropriately balance development opportunities
and community benefit.
Section 2: Historic Preservation Benefit Code Amendment Goals by Topic
The goals of the Historic Preservation Benefits amendments are to:
A. Maintain the ability to create two detached units where currently allowed, while
limiting the total amount of square footage that can be developed as a result of the
additional unit.
B. Strengthen the review criteria for the Floor Area Bonus,including
1. Provide no bonus for lots that can achieve 500 square feet or more from the
creation of two detached units or a duplex.
2. Create a sliding scale of potential Floor Area Bonus based on lot size.
3. Update criteria for a bonus and/or create a sliding scale of potential Floor Area
Bonus based on the level of preservation achieved.
4. Limit the ability for a Floor Area Bonus when significant interior space is
removed in an effort to create a larger addition.
5. Establish criteria that reward an owner for exceeding requirements for other
community priorities, such as the creation of affordable housing.
C. Return review of Historic Preservation State Income Tax Credit applications to the
State of Colorado.
Section 3: Growth Manazement Code Amendment
The goals of the Growth Management amendments are to:
A. Balance the importance of the historic preservation and affordable housing programs
by ensuring that any affordable housing mitigation waivers or reductions for
residential projects are directly related to the preservation of a historic resource.
Section 4: Transferable Development RiEhts Code Amendment
The goals of the TDR amendments are to:
1. Strengthen the criteria for the establishment of TDRs.
2. Limit creation of TDRs only to lots that contain a historic resource.
Section 5: Zone Districts Code Amendment
The goal of the Zone District code amendments is to:
1. Ensure the items listed in sections 2-4 are appropriately incorporated into the relevant
zone districts.
Section 6: New Benefits
The goal of these amendments is to:
A. Determine if other benefits may be beneficial and achievable, including expedited
permit review,or permit review fee reductions.
Section 7•
This resolution 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 resolutions or ordinances
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Historic Preservation Benefits Code Amendments Policy Resolution
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repealed or amended as herein provided,and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 8•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY,adopted this ��'day of September,2018.
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Steven Ska on, r
A TEST: APPROVED AS TO FORM:
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Linda Manning, City Clerk ames R True, City Attorney
Resolution#108, Series 2018
Historic Preservation Benefits Code Amendments Policy Resolution
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