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CITY COUNCIL WORK SESSION
5:00 PM
I. Council Meeting with HPC (Work Session will begin once the Regular Meeting ends)
CITY COUNCIL WORK SESSION
November 13, 2018
5:00 PM, City Council Chambers
MEETING AGENDA
Council Meeting with HPC (Work Session will begin once the Regular Meeting ends)
Council Meeting with HPC (Work Session will begin once the Regular Meeting ends)
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TO: Mayor Skadron and Aspen City Council
Aspen Historic Preservation
FROM: Amy Simon, Historic Preservation
THRU: Jessica Garrow, Community Development Director
RE: Council/HPC Worksession
DATE: November 13, 2018
MEMORANDUM
Mayor Skadron and Aspen City Council
Preservation Commission
Amy Simon, Historic Preservation Officer
Jessica Garrow, Community Development Director
Council/HPC Worksession
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______________________________________________________________________________________
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· More specific and more numerous criteria that must be met for a floor area bonus to be
granted. Only work which is beyond the minimum expectations and which clearly achieves a
high priority preservation outcome will receive a bonus. A new opportunity to earn a bonus for
creating voluntary on-site affordable housing is being formulated as a means for HPC to
support neighborhood vitality, which is directly related to preservation values.
· Limitations on the ability to demolish upper levels of a historic building and transfer that square
footage to a new addition.
· New language regarding the ability to retain, or not retain a bonus for an approved project that
SUMMARY: On September 17th, City Council took the first step in the process of amending the land
use code related to historic preservation benefits by passing the attached Policy Resolution. The
Policy Resolution was produced after several meetings held since late 2017 to identify updates that
could improve preservation outcomes in Aspen.
Council decided to delay First and Second Readings of specific code amendments until after holding
a joint meeting with HPC, which had already been planned as one of a series of volunteer board
check-ins Council has been conducting this year. As a reminder, the areas of the land use code
where amendments to the historic preservation program are focused are: extra density and floor
area allowances, Growth Management exemptions, and Transferable Development Rights.
Since the Council Policy Resolution was passed, staff has begun writing draft code amendment
language, some of which has been previewed by HPC, particularly related to the density and floor
area bonus issues. Staff plans to continue to seek HPC feedback at regular meetings in November
and December and take that input, along with the outcome of this joint meeting, into a First Reading
to be scheduled in the early new year if acceptable to Council. An initial draft of these amendments
is attached for Council’s information, but staff is not planning on going into specific detail at the
work session. Instead, staff recommends that HPC and Council discuss the general policy direction
for these amendments.
So far, progress has been made to craft:
· Limits on the ability to convert a historic structure from a single-family home to a duplex,
unless the new unit is detached from the historic building above grade.
· A lower maximum floor area bonus for all lots smaller than 9,000 square feet than currently
exists.
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is remodeled or demolished in the future.
· Limitations on the affordable housing fee waiver provided for
historic properties.
· Revised and clearer criteria for the creation of TDRs that take into consideration the best
preservation of the historic property, rather than a simple mathematical formula.
Based on be work completed to date, staff believes HPC and City Council are generally aligned on the
direction of these proposed changes to HP benefits. Staff suggests the following questions as starting
points for the conversation:
1. Do Council and HPC support limitations to the Floor Area Bonus related to lot size and the
quality of preservation?
2. Do Council and HPC agree that amendments to the affordable housing waivers should be made?
And, should benefits be provided to historic properties that are providing voluntary affordable
housing?
3. Should the removal of an interior floor in a historic landmark be prohibited? Note, the city
currently does not review interior construction, so this would be a slight departure from current
review processes.
4. Do Council and HPC support amendments moving away from a mathematical formula to
determine how many TDRs a property is eligible for, and instead providing additional discretion
in the creation of TDRs?
Aside from the discussion about historic preservation benefits, HPC is interested in talking with Council
about the Call Up process, occasional conflicts between preservation of buildings and preservation of
the urban forest, and Council guidance on policies HPC is sometimes required to interpret such as
affordable housing and parking. Staff suggests that these topics be discussed after the benefits
discussion, and if additional time is needed, to hold a second meeting in early 2019.
Attachments:
A. City Council Policy Resolution, Historic Preservation Benefits, Resolution #108, Series of 2018
B. Draft code amendments
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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.
Resolution#108, Series 2018
Historic Preservation Benefits Code Amendments Policy Resolution
Page 1 of 3
Exhibit A
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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
Resolution#108, Series 2018
Historic Preservation Benefits Code Amendments Policy Resolution
Page 2 of 3
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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:
C It Lmc
Linda Manning, City Clerk ames R True, City Attorney
Resolution#108, Series 2018
Historic Preservation Benefits Code Amendments Policy Resolution
Page 3 of 3
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EXHIBIT B
26.415.070. Development involving designated historic property or property within a
historic district.
No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or a property located within a
Historic District until plans or sufficient information have been submitted to the Community
Development Director and approved in accordance with the procedures established for their
review. An application for a building permit cannot be submitted without a development
order.
A. Exempt development.
1. Selected activities are exempted from the development review procedures including
interior remodeling, paint color selection, exterior repainting or replastering similar to
the existing finish or routine maintenance such as caulking, replacement of fasteners,
repair of window glazing or other such minimally intrusive work.
2. Interior remodeling is exempt except that demolition of more than 50% of an upper
floor within a historic resource is prohibited. The intent of this provision is to
disincentivize the underutilization of the historic resource in order to make a larger
addition to it.
2. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
26.415.110. Benefits.
The City is committed to providing support to property owners to assist their efforts to
maintain, preserve and enhance their historic properties. Recognizing that these properties
are valuable community assets is the basic premise underlying the provision of special
procedures and programs for designated historic properties and districts.
Benefits to encourage good historic preservation practices by the owners of historic properties
are an important aspect of Aspen's historic preservation program. Historic resources are a
valuable community asset and their continued protection is the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that have
been legislated by the City since 1972. The Community Development Department and Historic
Preservation Commission (HPC) are dedicated to assisting property owners in renovating and
maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both
economically vital and cherished by many.
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Only designated properties may be eligible for the following benefits.
A. Historic landmark lot split. Properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures may receive an exemption from the subdivision and growth
management quota system, pursuant to Sections 26.480 and 26.470, allowing owners of
designated historic properties to create a second unit in addition to the historic building on
their lot through the subdivision of the property. Refer to specific zone district information in
Chapter 26.710 for further information. All parcels created through a Historic Landmark lot
split shall retain designation on the Aspen Inventory of Historic Sites and Structures.
B. Increased density. Two detached single-family dwelling units or a duplex may be
allowed on a smaller sized lot than is required for a non-designated property. Refer to specific
zone district information in Chapter 26.710 for further information. Where a duplex is
proposed, the common unpierced wall must occur below grade. Locating the common wall
below grade shall only be permitted for designated properties.
C. Variances. Variations. Dimensional variations are allowed for projects involving
designated properties to create development that is more consistent with the character of the
historic property or district than what would be required by the underlying zoning's
dimensional standards.
1. The HPC may grant variances variations of the Land Use Code for designated
properties to allow:
a) Development in the side, rear and front setbacks;
b) Development that does not meet the minimum distance requirements between
buildings;
c) Up to five percent (5%) additional site coverage;
d) Less public amenity than required for the on-site relocation of commercial historic
properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a) Is similar to the pattern, features and character of the historic property or district;
and/or
b) Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or
historic district.
D. Parking. Parking reductions are permitted for designated historic properties on sites
unable to contain the number of on-site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment-in-lieu fees for
parking reductions.
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In addition to the review criteria listed in Chapter 26.515, the parking reduction and waiver of
payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or
mitigate an adverse impact on the historic significance or architectural character of a
designated historic property, an adjoining designated property or a historic district.
E. Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.710.
F. Floor area bonus.
1. In selected circumstances, the HPC may grant up to five hundred (500) additional
square feet of allowable floor area for projects involving designated historic properties.
The potential bonus is determined by net lot area such that a 3,000-5,999 square foot
lot is eligible for a maximum of a two hundred fifty (250) square foot floor area bonus, a
6,000-8,999 square foot lot is eligible for a maximum of a three hundred seventy five
(375) square foot floor area bonus and a 9,000 square foot or larger lot is eligible for a
maximum of a 500 square foot floor area bonus. Floor area bonuses are cumulative.
More than one bonus may be approved up to the maximum amount allowed for the lot.
If a property is subdivided, the maximum bonus will be based on the original lot size,
though the bonus may be allocated amongst the newly created parcels to the extent
permitted.
To be considered for the bonus, it must be demonstrated that the project meets all of
the following criteria:
a) The design of the project meets all applicable design guidelines;
b) a)The historic building is the key element of the property, and the primary entry
into the structure, and the addition is incorporated in a manner that maintains the
visual integrity of the historic building; and
c) b)The work restores the existing portion of the building to its historic appearance;
The applicant is undertaking multiple significant restoration actions, including but
not limited to, re-opening an enclosed porch, re-installing doors and windows in
original openings that have been enclosed, removing paint or other non-original
finishes, or removing elements which are covering original materials or features;
and
d) The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e) The construction materials are of the highest quality;
f) An appropriate transition defines the old and new portions of the building;
g) c).The project retains a historic outbuilding, if one is present, as a free standing
structure above grade; and/or
h) Notable historic site and landscape features are retained.
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d) The applicant is electing a preservation outcome that is a high priority for HPC,
including but not limited to, creating at least two detached structures on the site,
limiting the amount of above grade square footage added directly to a historic
resource to no more than twice the above grade square footage of the historic
resource, limiting the height of an addition to a historic resource to the height of the
resource or lower, or demolishing and replacing a significantly incompatible non-
historic addition to a historic resource with an addition that meets current
guidelines.
e) Only for projects providing on-site affordable housing, independent of the criteria
listed above, the applicant may receive a bonus up to the amount permitted for the
lot size when HPC finds that historic preservation priorities are achieved and the
applicant is exceeding the minimum on-site affordable housing requirement by at
least the amount of the bonus.
2. Granting of additional allowable floor area is not a matter of right but is contingent
upon the sole discretion of the HPC and the Commission's assessments of the merits of
the proposed project and its ability to demonstrate exemplary historic preservation
practices. Projects that demonstrate multiple elements described above will have a
greater likelihood of being awarded additional floor area.
3. The decision to grant a floor area bonus for major development projects will occur as
part of the approval of a Conceptual Development Plan, pursuant to Subsection
26.415.070.D. The floor area bonus may also be approved as part of a Historic
Landmark Lot Split Review.
4. Floor area bonuses are cumulative only available for single-family, duplex or 100%
affordable housing development. A property shall receive no more than 500 square
feet total. The award of a bonus is project specific. At such time that more than 40% of
an addition to a historic resource that was constructed as part of a project which
previously received a floor area bonus is demolished, the bonus may be retained only if
the proposed redevelopment is found to meet the requirements of this Section.
G. Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management
quota system and have reduced impact mitigation requirements. Refer to Chapter 26.470 for
further information.
H. Waiver of impact fees. Designated historic properties may be eligible for waiver of
Impact Fees. Refer to Chapter 26.610 for further information.
I. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount
up to twenty-five thousand dollars ($25,000.00) for any property that is in violation of Section
26.415.100 of the Land Use Code, Demolition by Neglect, or to fund other rehabilitation work
which is considered necessary for the preservation or restoration of a designated structure. To
be eligible for this benefit, a property owner shall show evidence of financial need. These one-
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time loans shall be repaid at the time of transfer-of-title or by the end of ten (10) years,
whichever comes first.
J. Conservation easement program. The City may accept a "Conservation Easement"
from a property owner who wishes to forgo any of the allowed square footage on their
property in exchange for a federal tax deduction. A deed restriction shall be filed on the site to
show that future development is limited. The five hundred (500) square foot floor area bonus
provided in Subsection 26.415.110 of the Land Use Code cannot be donated as a conservation
easement.
K. City-owned building rehabilitation fund. The City shall give priority in the asset
management plan to budgeting the funds necessary to adequately maintain, rehabilitate or
restore City-owned designated properties.
L. Transferable Development Right (TDR). Pursuant to Chapter 26.535 of this Code,
owners of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures
may sever and convey, as a separate development right, undeveloped floor area to be
developed on a different property within the City. Refer to Section 26.710, Zone Districts for
further information on landing sites for TDRs.
M. Tax credit applications. Community Development staff shall assist property owners in
participating in State and Federal Rehabilitation Tax Credit programs by helping with the
preparation of application materials, undertaking the necessary reviews to assist in obtaining
certification. A twenty percent (20%) state rehabilitation income tax credit may be available
for locally designated properties and may be combined with a twenty percent (20%) Federal
Income Tax Credit which may be available for income producing properties listed on the
National Register of Historic Places.
N. Community-initiated development. The City shall consider opportunities to be
involved in public-privately funded rehabilitation efforts, building expansion, or infill projects
that demonstrate good historic preservation practices.
O. Building codes. The City’s adopted Building Code provides for flexibility in its
application to historic structures. In addition, building permits for single-family and duplex
projects on a landmarked property which are granted Major Development approval by HPC are
eligible to receive expedited permit processing for the master permit through the first and
second rounds of review. (Note: This is only proposed if the affordable housing waiver for
single-family and duplex development is eliminated.)
P. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other sources of
funding.
Q. Cultural heritage tourism. Through grants or other sources of funding, the City may
facilitate collaborative partnerships among tourist industry sectors, historic property owners
and cultural heritage attractions to create a marketing strategy and marketing products to
attract visitors interested in the distinctive historic character of Aspen.
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R. Preservation honor awards. The Aspen Historic Preservation Commission shall
present annual awards to recognize exemplary historic preservation efforts in the City.
S. Historic markers. Through grants or other sources of funding, the City may provide a
historic marker of a standard design for any owner of a designated historic property who
desires a marker to install on their building. The City may also develop a marker or signage
program to recognize designated historic districts.
T. Work Sessions.
1. Projects requesting a Floor Area Bonus pursuant to Section 26.415.110(F), Floor Area
Bonus, or projects of significant public interest may request a Work Session with HPC.
2. The purpose of the Work Session is to provide an applicant with initial feedback on the
project. An application is required, and shall address the overall design intent, site plan,
basic massing, and programming.
3. HPC may not take any formal action at the Work Session, and any feedback provided to
the applicant is non-binding. All work sessions shall be noticed pursuant to the
requirements for a public hearing in Section 26.304.060(E), Public Noticing, and public
comment shall be taken.
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26.535.070 Review criteria for establishment of a historic transferable development
right
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met.
A. The sending site is a historic landmark or property identified on the AspenModern Map, on
which the development of a single-family or duplex residence is a permitted use, pursuant
to Chapter 26.710, Zone Districts. Properties on which such development is a conditional
use shall not be eligible. A sending site which is a historic landmark but does not contain a
historic resource is only eligible for the establishment of TDR certificates if all of the
development rights, except for any remaining increment of less than 250 square feet, are
severed.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for
either a single-family or duplex home, equaling or exceeding two hundred and fifty (250)
square feet of floor area multiplied by the number of historic TDR certificates requested.
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C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not
increase the specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning
for a single-family or duplex residence, and shall not include the potential of the sending
site to gain floor area bonuses, exemptions or similar potential development incentives.
Properties in the MU Zone District which do not currently contain a single-family home or
duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted
to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized
lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not
permit the on-site development of 100% of the allowable floor area on an equivalent-sized
lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500
square feet, the applicant may not request a floor area bonus from HPC at any time in the
future.
E. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a
single-family or duplex residence minus two hundred and fifty (250) square feet of floor
area multiplied by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall
be the floor area of a single-family or duplex residence (whichever is permitted) minus two
hundred fifty (250) square feet of floor area multiplies by the number of historic TDR
certificates established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square
footage reduction from the allowable floor area for a single-family or duplex residence, as
may be amended from time to time. The sending site shall remain eligible for certain floor
area incentives and/or exemptions as may be authorized by the City Land Use Code, as
may be amended from time to time. The form of the deed restriction shall be acceptable
to the City Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and
deliver a deed restriction lessening the available development right of the subject property
together with the appropriate fee for recording the deed restriction with the County Clerk
and Recorder's office.
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H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confirmation of built
floor area.
I. The sale, assignment, conveyance or other transfer or change in ownership of transferable
development rights certificates shall be recorded in the real estate records of the Pitkin
County Clerk and Recorder and must be reported by the grantor to the City of Aspen
Community Development Department within five (5) days of such transfer. The report of
such transfer shall disclose the certificate number, the grantor, the grantee and the total
value of the consideration paid for the certificate. Failure to timely or accurately report
such transfer shall not render the transferable development right certificate void.
J. TDR certificates may be issued at the pace preferred by the property owner.
K. City Council may find that the creation of TDRs is not the best preservation solution for the
affected historic resource. HPC shall provide Council with a recommendation regarding an
application to create TDRs.
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26.470.090 Administrative applications.
The following types of development shall be approved, approved with conditions or denied by
the Community Development Director, pursuant to Section 26.470.060, Procedures for
Review, and the criteria described below. Except as noted, all administrative growth
management approvals shall not be deducted from the annual development allotments. All
approvals apply cumulatively.
A. Single-family and duplex development on historic landmark properties. The
development of one or multiple single-family residences or a duplex on a parcel of land
designated as an historic landmark and which contains an historic resource shall be approved
by the Community Development Director. This review applies to the rehabilitation of existing
structures, and reconstruction after demolition of existing structures,. an expansion of Floor
Area, and to the development of new structures on historic landmark properties. No
affordable housing mitigation shall be required provided that all necessary approvals are
obtained, pursuant to Chapter 26.415, Historic Preservation, and provided that the parcel
contains an historic resource. For any increase in Floor Area resulting from single-family and
duplex development on historic landmark properties, affordable housing mitigation shall be
reduced by 50%.
Development of single-family or duplex structures on an historic landmark property that does
not contain an historic resource (for example, a house on a lot which was subdivided from an
historic landmark property) shall be subject to the provisions of Section 26.470.090.B, Single-
Family and Duplex Residential Development or Expansion.
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· 3,000 square foot lot in R-6, MU, RMF: Allowable floor area = 2,400
· Floor area ratio: 0.8:1 (i.e. 0.8 square feet of floor area for every 1 foot of lot area.)
· Floor area ratio with a 500 square foot HPC bonus: 0.97:1
· Floor area ratio with a 250 square foot HPC bonus: 0.88:1 (This is the maximum staff
recommendation.)
· Considerations: Lots in the MU and RMF zone districts which don’t currently have a
residence on the site but want to create one are affected by an existing 20% floor area penalty
meant to discourage new single family homes and duplexes in these neighborhoods, where
commercial or multi-family uses are preferred, so a 3,000 square foot lot in this circumstance is
permitted 1,920 square feet of floor area. Staff does not recommend maintaining the 500 square
foot bonus as a means to undo this intentional disincentive created by Council.
· 6,000 square foot lot in R-6, MU, RMF: Allowable floor
area = 3,240 single family or 2 detached homes, 3,600 square feet for a duplex
· Floor area ratio: 0.54:1 (i.e. 0.54 square feet of floor
area for every 1 foot of lot area) for SF or two detached, 0.6:1 for duplex.
· Floor area ratio with a 500 square foot HPC bonus:
0.62:1 for SF or two detached, 0.68:1 for duplex.
· Floor area ratio with a 375 square foot HPC bonus: 0.60:1 for SF or two
detached, 0.67:1 for duplex. (This is the maximum staff recommendation.)
· Considerations: As noted above, lots in the MU and RMF zone districts
which don’t currently have a residence on the site but want to create one are
affected by an existing 20% floor area penalty meant to discourage new single
family homes and duplexes in these neighborhoods, where commercial or multi-
family uses are preferred. so a 6,000 square foot lot in this circumstance is
permitted 2,593 for a SF or two detached and 2,880 for a duplex. Staff does not
recommend maintaining the 500 square foot bonus as a means to undo this
intentional disincentive created by Council. Staff does recommend an amendment
that does not incentivize a duplex over two detached units, which is typically a
better preservation solution.
· 9,000 square foot lot in
R-6, MU, RMF: Allowable floor area = 3,660 single family or 2
detached homes, 4,080 square feet for a duplex
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· Floor area ratio: 0.41:1 (i.e. 0.41 square feet of floor area for every 1 foot
of lot area) for SF or two detached, 0.45:1 for duplex.
· Floor area ratio with a 500 square foot HPC bonus: 0.46:1 for SF or two
detached, 0.51:1 for duplex. (This is the maximum staff
recommendation.)
· Considerations: A 9,000 square foot lot in the MU or RMF zone districts,
where a single family or duplex do not currently exist is permitted 2,928
for a SF or two detached and 2, 3,264 for a duplex. Staff does not
recommend maintaining the 500 square foot bonus as a means to undo
this intentional disincentive created by Council. Staff does recommend
an amendment that does not incentivize a duplex over two detached
units, which is typically a better preservation solution.
P17
I.