HomeMy WebLinkAboutcoa.lu.ca.dimensional variances 0031.2005 4 0 1 - V - 1
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0031.2005.AN
PARCEL ID NUMBER CODE AMENDMENT_ _ Yd _32- 2_ (4 e C
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER AMY GUTHRIE
CASE DESCRIPTION CODE AMENDMENT
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REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 9.28.11
CLOSED BY ANGELA SCOREY ON: 9.28.11
0031.2005.AHPC
CODE AMENDMENTS RELATED TO
HPC RECOMMENDATIONS TO P82
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Ciy'ASPEN State Zip 181611
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Master Parm11 Routing Queue Iahpc Applied 107/20 /2005
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Description LAND USE CODE AMENDMENTS RELATED TO HISTORIC PRESERVATION Issued I
RECOMMENDATIONS TO THE PRZ COMMISSION
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Suhmtted (AMY GUTHRIE 429.2793 Clock Rtunnq Days l V Expires 'D7/15/20 j
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Last Name 1CFTY OF ASPEN j First Name [ 130 S GALENA ST
ASPEN CO81611
phone 119701920.5000 v
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VIfl & MEMORANDUM
TO: Mayor Klanderud and Aspen City Council /,��
THRU: Chris Hendon, Community Development Directory yJV,/In
FROM: Amy Guthrie, Historic Preservation Officer �°� " ��
RE: Code amendments to Chapter 26.415, "Development Involving the Aspen
Inventory of Historic Landmark Sites and Structures or Development in an
"H," Historic Overlay District" and Chapter 26.420, "Benefits for
Properties Listed on the Aspen Inventory of Historic Landmark Sites and
Structures," Second Reading of Ordinance # 37, Series of 2005, Public
Hearing Continued from November 14, 2005
DATE: December 12, 2005
SUMMARY: With the encouragement of a citizen who has been actively involved in
Aspen historic preservation issues, Community Development Staff recently brought
forward a proposed code amendment that increased the FAR bonus available to landmark
properties meeting certain criteria. The code amendment provided an additional
incentive for landmark parcels that contain more than one primary landmark structure and
an additional incentive for voluntary designation of properties that the City would like to
see landmarked. HPC and P &Z recommended Council support the new language.
Arguably, authentic preservation of most of Aspen's landmark properties is already
challenging in light of the floor area that is allowed by right. For this reason, the
additional bonus, when awarded, was to automatically be converted into TDR's. The
majority of City Council expressed significant concern over this concept, therefore
Community Development Staff has elected to withdraw the code amendment. We will
continue to explore new landmark incentives as we know that this is a Council supported
goal. .� q/
Regular Meeting Aspen City Council November 14, 2005
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 640 N. THIRD
STREET, LOTS 4, 5, AND 6 (LESS THE SOUTHERLY 3.2 FEET OF LOT 6, BLOCK
102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ASPEN,
COLORADO
ORDINANCE N0. 46
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SPECIALLY
PLANNED AREA AMENDMENT AND A GMQS REVIEW FOR AN ESSENTIAL
PUBLIC FACILITY FOR A 3,327 SQUARE FOOT ADDITION TO THE RESNICK
HEALTH AND WELLNESS CENTER , LOT 1 A, ASPEN MEADOWS SPA, CITY
AND TOWNSITE OF ASPEN, COLORADO.
ORDINANCE NO.48
(Series of 2005)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING
ORDINANCE NO. 5 (SERIES OF 2004) AND RE- ENACTING AN ORDINANCE TO
CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE
WHEELER OPERA HOUSE
Councilman Johnson said he would like the P &Z minutes on the Meadows before second
reading.
Councilwoman Richards moved to adopt Ordinances #47, 46, and 48, Series of 2005, on
first reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers
Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried.
Councilwoman Richards requested the comments and letters submitted to the HPC
regarding 640 North Third before second reading. Mayor Klanderud asked if the 500
square foot bonus was given because of the garage. Amy Guthrie, community
development department, said this was reviewed in 2002 for rehabilitation as well as
historic lot split. The 500 square foot bonus was granted in 2002 forrestoration of the
historic building.
ORDINANCE #37. SERIES OF 2005 — Code Amendment Historic FAR bonus
Amy Guthrie, community development department, reminded Council last month they
asked for more information as well as clarifications on impacts of this code amendment.
Ms. Guthrie said the city has brought forward incentives for owners of historic properties
to rehabilitate and to keep their properties. Currently the HPC can grant up to a 500
square foot bonus. This code amendment is for properties that have 2 historic buildings
on the lot and who may have twice as many historic preservation costs. This amendment
5
Regular Meeting Aspen City Council November 14, 2005
would allow a second FAR bonus, which can be converted into a TDR rather than go on
the historic property.
HPC would also like this to be available to eligible property owners who have not land
marked their property, particularly the post World War II properties. Ms. Guthrie said
Council noted that the lot split was a good incentive; however, not every property is
eligible for lot split. The 500 square foot bonus attempts to cover some restoration costs.
Ms. Guthrie noted TDRs shift development around town; however, this code amendment
would create more TDRs; 3500 square feet on the historic properties and 12,500 square
feet of new FAR if the undesignated sites receive this bonus. Mayor Klanderud noted the
language makes it appear that one would have to meet every single criteria.
Councilman DeVilbiss asked the value of a TDR. Ms. Guthrie said no one has tried to
sell a TDR yet. The market would determine the value. Chris Bendon, community
development department, told Council it is estimated that a 250 square foot TDR costs up
to $100,000; however, staff expects them to cost less at first because the program does
not have a track record. Councilwoman Richards noted the impact would be 25,000
square feet because there is the impact of the building on the lot. Councilwoman
Richards said "two primary buildings" bothers her. There ought to be a definition of
second primary structure.
Mayor Klanderud opened the public hearing.
Michael Hoffman, HPC member, told Council HPC felt this was an important element
for people with two primary structures on their property. Toni Kronberg said the AACP
goals and philosophies do not always agree. Ms. Kronberg said the AACP protects
building and sites and states landscaping features should be retained. Ms. Guthrie told
Council the land use code defines what is of historic significance. Ms. Guthrie noted
when there is a historic building and the only way to preserve it is to move it, the open
space standards may not necessarily apply.
Mayor Klanderud closed the public hearing.
Mayor Klanderud agreed the city wants to preserve as many significant historic buildings
and properties in this community and the bonus is to make that occur. Mayor Klanderud
said it is important to keep the goal of preservation in mind. Councilman DeVilbiss
stated he does not think there can be more than one principal building on a lot and the
definition in the land use code should be amended. Councilman DeVilbiss suggested the
city think about buying these TDRs and extinguishing them rather than have the density
expand throughout the community. Mayor Klanderud said that way the city would be
creating a market for these TDRs and why should the city use taxpayers' money to
provide benefits for a single taxpayer. Councilman DeVilbiss said the city buying these
TDRs would prevent growth.
6
Regular Meeting Aspen City Council November 14, 2005
Councilwoman Richards said the city would need a designated funding source in order to
purchase TDRs. Councilwoman Richards stated the city does not need further incentives
to preserve historically designated buildings. Councilwoman Richards noted one can
examine the real estate ads to corroborate that. Councilwoman Richards said this seems
like adding an incentive so people will historically designate their property rather than
Council taking the stand of designating property. Mayor Klanderud said there are owners
of historic properties who cannot spend elaborately and this will give them the ability to
do some rehabilitation on their homes. Councilwoman Richards stated this would be
taking a commodity, growth, and saying other neighborhoods can absorb it in order to
finance restoration of historic properties.
Councilman DeVilbiss pointed out the TDR had to be absorbed somewhere and the
growth will land in another neighborhood. Councilman Johnson said he thought the
intent was to give long teen locals an opportunity to hold onto historic or post WWII
properties. Mayor Klanderud said a description and understanding of the properties
would help Council. Councilwoman Richards suggested staff get public records on the
sales of historic properties from the assessor's office. Ms. Guthrie told Council staff
looked at this as there is a cost to restoration; this code amendment is how the city can
facilitate it so historic properties do not have a stigma. Mayor Klanderud suggested if
this is continued, staff add language about "principal building ".
Councilman Johnson moved to continue Ordinance #37, Series of 2005, to December 12;
seconded by Councilwoman Richards. All in favor, motion carried.
ORDINANCE #45, SERIES OF 2005 — Supplemental Appropriation for 2005
Paul Menter, finance director, told Council there have been some additions since first
reading. The total requested appropriations are $6.8 million, $3.6 million of that is
interfund transfers. New requests from the asset management fund are $50,000 payment
to Pitkin County for a property tax collection fee; $90,000 for floor remodel carried
forward from 2004; $117,966 is for the animal shelter project, which was also budgeted
in 2004. It is not an increase in funding, it is a technical change in the budget authority.
The ordinance also contains funding for $714,143 for buying back 3 employee units at
Water Place housing; this will be paid back when the units are sold. There are human
resource requests of $15,000; risk management of $5,100; planning $38,000 and building
of $51,860. The last amount will be reduced by $15,858.
The environmental health department is requesting $140,000; $120,000 for the scientific
assessment of impacts of global warming study which was previously approved by
Council and $20,000 for the global warming emissions inventory for Aspen. The police
department requests $98,000 for insurance, overtime and increase in towing service. The
other larger requests are $40,000 in the water fund for the reuse irrigation system and
$56,000 to offset the increase in utilities expenditures. The electric fund is requesting
$150,000 for an additional electric feed to the golf course and $99,500 for the installation
of the Burlingame ranch electric distribution system. There is $80,000 for S -curve
improvements. The ordinance approves $25,000 at Truscott for the fire panel
7
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MEMORANDUM
TO: Mayor Klanderud and Aspen City Council I /�
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer _J �wVVV
RE: Code amendments to Chapter 26.415, "Development Involving the Aspen
Inventory of Historic Landmark Sites and Structures or Development in an
"H," Historic Overlay District" and Chapter 26.420, "Benefits for
Properties Listed on the Aspen Inventory of Historic Landmark Sites and
Structures," Second Reading of Ordinance # 37, Series of 2005, Public
Hearing Continued from October 24, 2005
DATE: November 14, 2005
SUMMARY: The proposed ordinance amends the historic preservation benefits sections
of the Municipal Code by increasing the FAR bonus available to landmark properties
meeting certain criteria. Staff, HPC and P &Z recommend Council support this new
language.
The proposed changes grew from a citizen request that the City do more to address the
relatively small group of designated properties in town that contain two primary historic
buildings (for example two single family residences) on one lot. Currently there are 7
landmarks with this circumstance. The concept is that a second bonus might help to
address the fairness issue of a single property owner carrying the burden of preservation
and rehabilitation of more than one older building. Only a relatively small group of
properties would be affected and no other designated properties would be eligible for the
new bonus because they don't meet the criteria of containing more than one primary
landmark structure.
This re -visit of the FAR incentive led to the idea that a similar increase in the bonus could
be offered to property owners initiating new landmark applications. In particular HPC is
interested in the protection of early ski era and modernist buildings and would like to be
able to have additional tools to reach this goal. The fairness issue is that property values
have continued to escalate since the bulk of Aspen's landmark's were designated in the
1970's and 1980's, plus Council has indicated a desire that future designations be
achieved with incentives and owner consent to the greatest extent possible.
HPC is in favor of the attached code amendments with the condition that any increase to
the existing 500 square foot bonus would have to be removed from the subject property
through the City's Historic TDR program. (The City adopted a Historic Transferable
Development Rights program in 2004, allowing owners of historic properties to sell
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
unused floor area to owners of non - historic properties in 250 square foot increments.)
HPC does not want to see additional development pressure on historic resources, but feels
that landmark benefits are very important. The proposed new FAR bonus does not have a
financial impact on the City budget, but does require non - landmark properties and
neighborhoods to accept part of the burden for achieving historic preservation in this
community. At the previous meeting, Council asked why the additional bonus is needed
when tools such as the Historic Landmark Lot Split have been adopted. The lot split is a
valuable benefit and eighteen have been approved since the program was created in 1995.
However, not all properties are eligible for the lot split, and it may not be enough to
address the circumstances at which this ordinance is directed.
The current Historic TDR program allows floor area to be transferred with no net gain in
overall development rights. This code amendment in fact creates additional transferable
development rights (a net gain) on any property that receives the incentive. The seven
properties that would be eligible to receive a second bonus by virtue of there being two
primary historic resources on the site would generate a combined total of 3,500 square
feet of development rights if each one received a bonus. With regard to post -war
properties which the City might incentivize to landmark with a second bonus, there are
approximately 25 undesignated sites which could result in a total of 12,500 square feet of
new building footage if awarded bonuses. Of course, additional properties might qualify
in the future as more gain historical significance.
In 2002, the City Council adopted a complete re -write of the Historic Preservation
element of the Municipal Code, including many improvements to the decision making
process, and new incentives for the preservation of historic structures. The regulations
were viewed as "state of the art" by the Colorado Historical Society, and the City was
given an award for their adoption. The proposed code amendments are intended to
further improve the quality of the regulations.
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public hearing and recommendation from the Planning and Zoning
Commission, and a public hearing and affirmative vote by City Council. The review
criteria for code amendments are located at Section 26.310.040 and are addressed by Staff
in Exhibit A to this memo.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is stricken.
Amend Sections 26.415.110.E, Floor area bonus and 26.420.020.B, Dimensional
variances, to read as follows.
26.415.110.E. Floor area bonus.
1. In selected circumstances the HPC may grant a bonus of up to five
hundred (500) additional square feet of allowable floor area for projects involving
LAND USE CODE AMENDMENTS STAFF REPORT PAGE2
r
designated historic properties. Each landmark property is only eligible for one bonus,
regardless of whether the property is subdivided after designation, unless criteria
26.415.110.E.3, 4, or 5 are met. To be considered for the bonus, it must be demonstrated
that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property that is eligible, but not
currently listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
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. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to reward the
extra preservation efforts involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1 and 2. The second FAR
bonus shall be removed from the property in the form of Transferable Development
Rights, pursuant to Chapter 26.535.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to reward the extra preservation efforts involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1 and 2. The second FAR bonus shall be removed from the properties in
the form of Transferable Development Rights, pursuant to Chapter 26.535.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is eligible, but not currently designated), HPC may grant one five
hundred (500) square foot floor area bonus to be used on the site and one (1) additional
bonus of up to five hundred (500) square feet as an incentive for designation. To be
considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1 and 2. The second FAR bonus shall be removed from the property in the
form of Transferable Development Rights, pursuant to Chapter 26.535.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
3- 6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
And
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character - defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and one (1) additional bonus
of up to 500 square feet may be granted in the form of Transferable Development
Rights under certain circumstances
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.P0110(B), (C), and (E) for further information.
STAFF RECOMMENDATION: Staff, HPC, and P &Z find that the proposed
amendments to the Municipal Code comply with the applicable review criteria and should
be approved.
RECOMMENDED MOTION: "I move to adopt Ordinance #37, Series of 2005, on
Second Reading."
CITY MANAGER COMMENTS: dr- .. „ n r _- „ ens
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Attachments:
Ordinance #37, Series of 2005
Exhibit A: Amendments to the Land Use Code — Staff Findings
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
EXHIBIT A
Amendments to the Land Use Code
Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: Does it Comply? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
This code amendment has no direct impacts on the natural environment, however,
preservation can have Less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: Does it Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: Does it Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. It is clear that the City must provide a workable historic
preservation program and benefits, which is addressed through these code
amendments.
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USF CODE AMENDMENTS STAFF REPORT PAGE 6
ORDINANCE NO. 37
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE CITY OF ASPEN MUNICIPAL CODE, CHAPTER
26.415.110 BENEFITS AND 26.420.020.B DIMENSIONAL VARIANCES
WHEREAS, the Director of the Community Development Department has
proposed amendments to the Land Use Code related to the historic preservation benefits
package for the purpose of promoting the goals of the Aspen Area Community Plan and
protecting the public health, welfare, and safety; and;
WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
may be approved by City Council by adoption of an Ordinance; 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 Planning Director recommended approval 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 on July 19, 2005, took and considered public
testimony and the recommendation of the Planning Director and recommended, by a three
to zero (3 -0) vote, City Council adopt the proposed amendments to the Land Use Code, as
described herein; and,
WHEREAS, the City Council reviewed and considered the recommendation from
the Community Development Director and the Planning and Zoning Commission, and
comments from members of the public; and,
WHEREAS, the City Council finds that the amendments, as hereinafter described,
meet or exceed all applicable standards and that the approval is consistent with the goals
and elements of the Aspen Area Community Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.415.110.E of the Municipal Code of the City of Aspen, Colorado, which
section addresses a "Floor Area Bonus" for historic landmarks, shall hereby be amended
to read as follows:
26.415.110.E. Floor area bonus.
1. In selected circumstances the HPC may grant a bonus of up to five
hundred (500) additional square feet of allowable floor area for projects involving
1
designated historic properties. Each landmark property is only eligible for one bonus,
regardless of whether the property is subdivided after designation, unless criteria
26.415.110.E.3, 4, or 5 are met. To be considered for the bonus, it must be demonstrated
that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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;
£ An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property that is eligible, but not
currently listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
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. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to reward the
extra preservation efforts involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1 and 2. The second FAR
bonus shall be removed from the property in the form of Transferable Development
Rights, pursuant to Chapter 26.535.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to reward the extra preservation efforts involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1 and 2. The second FAR bonus shall be removed from the properties in
the form of Transferable Development Rights, pursuant to Chapter 26.535.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is eligible, but not currently designated), HPC may grant one five
hundred (500) square foot floor area bonus to be used on the site and one (1) additional
bonus of up to five hundred (500) square feet as an incentive for designation. To be
considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1 and 2. The second FAR bonus shall be removed from the property in the
form of Transferable Development Rights, pursuant to Chapter 26.535.
2
{
,
6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
Section 2:
Section 26.420.020.B of the Municipal Code of the City of Aspen, Colorado, which
section addresses "Dimensional Variances" for historic landmarks, shall hereby be
amended to read as follows:
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character - defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and one (1) additional bonus
of up to 500 square feet may be granted in the form of Transferable Development
Rights under certain circumstances
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.110(B), (C), and (E) for further information.
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 construed 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.
Section 5:
A public hearing on the ordinance will be held on the 11th day of October, 2005, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
3
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of August, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 1 lth day of October, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
4
Regular Meeting Aspen City Council October 11, 2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE
"WAGAR/DETWILER SUBDIVISION" ANNEXATION.
ORDINANCE NO. 43
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND ZONING
OF R -15 PUD FOR A PORTION OF THE PROPERTY AT 517 PARK CIRCLE,
LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF LOT
6, SUNNY PARK NORTH CONDOMINIUMS AND PARCEL #3 SUNNY PARK
NORTH CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman DeVilbiss moved to adopt Ordinances #44, and 43, Series of 2005, on first
reading; seconded by Councilwoman Richards.
Councilwoman Richards requested the City Council minutes from 2004 on the duplex
approval. Councilwoman Richards said at that meeting Council discussed the zoning of
the surrounding neighborhood and she would like that attachment or discussion. Mayor
Klanderud said she would like to make sure that the Pitkin County open space that is
being annexed does not need a vote. That property was part of the Molly Gibson park
and Council should know whether this was part of the dedicated open space. Councilman
DeVilbiss said he would like an explanation of why the front and rear yard setbacks need
to be varied. Councilman DeVilbiss said he would also like to know the effect of the
additional bedrooms on the school impact fee.
Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Mayor
Klanderud, yes. Motion carried.
ORDINANCE #37, 2005 — Code Amendment Historic Preservation FAR Bonus
Amy Guthrie, community development department, told Council this is a citizen initiated
code amendment. Ms. Guthrie said the city can only offer so much financial incentive
but there are development incentives that the city can create to help with historic
preservation. The citizen initiated suggestion was to allow an extra TDR for a historic
property than contains more than one historic building. The concept is that an extra TDR
might help a single property that is carrying the burden of more than one older building.
Ms. Guthrie told Council there are only 7 properties with 2 historic buildings. This
translates to 3500 square feet of development that could be transferred to other properties
in town. Ms. Guthrie pointed out if this is extended to the 25 post World War II
properties, there could be another 12,500 square feet of development transferred to a non -
landmark property throughout the city. Ms. Guthrie noted that the code is amended
stating only one more 500 square foot bonus would be possible through all the criteria.
4
Regular Meeting Aspen City Council October 11, 2005
Mayor Klanderud said the floor area bonus section states in selected circumstances, the
HPC may grant up to 500 square feet of additional allowable floor area, which refers to
500 square feet that would be allowed in a zone district. This is a different 500 square
feet and that language is confusing. Mayor Klanderud said the criteria to be met seems
confusing and should be clarified. Mayor Klanderud said from reading this section, she
could not tell whether all had to be met or just one or two.
Councilwoman Richards said the code language makes it seem as if a historic lot split
with only one historic structure could qualify for two 500 square foot bonuses. Ms.
Guthrie agreed the intention is that the bonuses not compound and that should be
clarified. Councilwoman Richards said she would like to see that language before
adopting the code amendment. Councilwoman Richards said this does not say the second
bonus has to be in the form of the TDR, which defeats the purpose of trying to reduce the
FAR of historic structures
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilman DeVilbiss moved to adopt Ordinance 1137, Series of 2005, on second
reading.
John Worcester, city attorney, suggested the language changes be presented to Council
before adoption.
Councilman DeVilbiss withdrew his motion.
Councilman Torre moved to continue Ordinance #37, Series of 2005, to October 24,
2005; seconded by Councilman DeVilbiss.
Councilwoman Richards said it seems this ordinance has a built in creep factor that she
would like analyzed. Councilwoman Richards noted the idea of historic lot split is that a
whole new lot would be created. Now that does not seem to be enough of an incentive
and this is a suggestion of a lot split plus 500 square feet plus 500 square feet.
Councilwoman Richards stated her concern is that this extra 500 square feet going into
other neighborhoods will have a negative impact on those neighborhoods and on the
perception of historic preservation. Councilwoman Richards said there is not enough
analysis on what this extra bonus can do to the rest of the community. Councilwoman
Richards said she would like a list of how many people have taken advantage of the
historic lot split in order to judge if there is need for additional bonuses. Ms. Guthrie
agreed the lot split and the 500 square foot bonus are great incentives. This is trying to
give those properties with two historic buildings another incentive. Councilman
DeVilbiss said he would like to know who initiated this code amendment.
All in favor, motion carried.
5
MEMORANDUM V' 1 I a
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director WI
FROM: Amy Guthrie, Historic Preservation Officer —
RE: Code amendments to Chapter 26.415, "Development Involving the Aspen
Inventory of Historic Landmark Sites and Structures or Development in an
"H," Historic Overlay District" and Chapter 26.420, "Benefits for
Properties Listed on the Aspen Inventory of Historic Landmark Sites and
Structures," Second Reading of Ordinance # 37, Series of 2005
DATE: October 11, 2005
SUMMARY: The proposed ordinance amends the historic preservation benefits sections
of the Municipal Code by increasing the FAR bonus available to landmark properties
meeting certain criteria. Staff, HPC and P &Z recommend Council support this new
language.
The proposed changes grew from a citizen request that the City do more to address the
relatively small group of designated properties in town that contain two primary historic
buildings (for example two single family residences) on one lot. Currently there are 7
landmarks with this circumstance. The concept is that a second bonus might help to
address the fairness issue of a single property carrying the burden of preservation and
. rehabilitation of more than one older building. Only a relatively small group of properties
would be affected and no other designated properties would be eligible for the new bonus
because they don't meet the criteria of containing more than one landmark structure.
This re -visit of the FAR incentive led to the idea that a similar increase in the bonus could
be offered to property owners initiating new landmark applications. In particular HPC is
interested in the protection of early ski era and modernist buildings and would like to be
able to have additional tools to reach this goal. The fairness issue is that property values
have continued to escalate since the bulk of Aspen's landmark's were designated in the
1970's and 1980's, plus Council has indicated a desire that future designations be
achieved with incentives and owner consent to the greatest extent possible.
HPC is in favor of the attached code amendments with the condition that any increase to
the existing 500 square foot bonus would have to be removed from the subject property
through the City's Historic TDR program. (The City adopted a Historic Transferable
Development Rights program in 2004, allowing owners of historic properties to sell
unused floor area to owners of non - historic properties in 250 square foot increments.)
LAND USE CODE AMENDMENTS SFAFF REPORT PAGE 1
HPC does not want to see additional development pressure on historic resources, but feels
that landmark benefits are very important.
The current Historic TDR program allows floor area to be transferred with no net gain in
overall development rights. This code amendment in fact creates additional transferable
development rights (a net gain) on any property that receives the incentive. The seven
properties that would be eligible to receive a second bonus by virtue of there being two
primary historic resources on the site would generate a combined total of 3,500 square
feet of development rights if each one received a bonus. With regard to post -war
properties which the City might incentivize to landmark with a second bonus, there are
approximately 25 undesignated sites which could result in a total of 12,500 square feet of
new building footage if awarded bonuses. Of course, additional properties might qualify
in the future as more gain historical significance.
In 2002, the City Council adopted a complete re -write of the Historic Preservation
element of the Municipal Code, including many improvements to the decision making
process, and new incentives for the preservation of historic structures. The regulations
were viewed as "state of the art" by the Colorado Historical Society, and the City was
given an award for their adoption. The proposed code amendments are intended to
further improve the quality of the regulations.
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public hearing and recommendation from the Planning and Zoning
Commission, and a public hearing and affirmative vote by City Council. The review
criteria for code amendments are located at Section 26.310.040 and are addressed by Staff
in Exhibit A to this memo.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is Gtricken.
Amend Sections 26.415.110.E, Floor area bonus and 26.420.020.B, Dimensional
variances, to read as follows.
26.415.110.E. 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. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project unless criterion 26.415.110.E.4 is met. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
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. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
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. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to reward the
extra preservation efforts involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1. Any bonus square footage in
excess of five hundred (500) square feet on a single parcel shall be removed from the
property in the form of Transferable Development Rights, pursuant to Chapter 26.535.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to reward the extra preservation efforts involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1. Any bonus square footage in excess of five hundred (500) square feet
for both lots combined shall be removed from the properties in the form of Transferable
Development Rights, pursuant to Chapter 26.535.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E.1. Any bonus
square footage in excess of five hundred (500) square feet on a single parcel shall be
removed from the property in the form of Transferable Development Rights, pursuant to
Chapter 26.535.
3, 6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
And
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.120110(B), (C), and (E) for further information.
STAFF RECOMMENDATION: Staff, HPC, and P &Z find that the proposed
amendments to the Municipal Code comply with the applicable review criteria and should
be approved.
RECOMMENDED MOTION: "I move to adopt Ordinance #37, Series of 2005, on
Second Reading."
CITY MANAGER COMMENTS: 4/Y2..44 u J2 C., •
Attachments:
Ordinance #37, Series of 2005
Exhibit A: Amendments to the Land Use Code — Staff Findings
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
EXHIBIT A
Amendments to the Land Use Code
Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: Does it Comply? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: Does it Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: Does it Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. It is clear that the City must provide a workable historic
preservation program and benefits, which is addressed through these code
amendments.
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6
ORDINANCE NO. 37
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE CITY OF ASPEN MUNICIPAL CODE, CHAPTER
26.415.110 BENEFITS AND 26.420.020.B DIMENSIONAL VARIANCES
WHEREAS, the Director of the Community Development Department has
proposed amendments to the Land Use Code related to the historic preservation benefits
package for the purpose of promoting the goals of the Aspen Area Community Plan and
protecting the public health, welfare, and safety; and;
WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
may be approved by City Council by adoption of an Ordinance; 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 Planning Director recommended approval 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 on July 19, 2005, took and considered public
testimony and the recommendation of the Planning Director and recommended, by a three
to zero (3 -0) vote, City Council adopt the proposed amendments to the Land Use Code, as
described herein; and,
WHEREAS, the City Council reviewed and considered the recommendation from
the Community Development Director and the Planning and Zoning Commission, and
comments from members of the public; and,
WHEREAS, the City Council finds that the amendments, as hereinafter described,
meet or exceed all applicable standards and that the approval is consistent with the goals
and elements of the Aspen Area Community Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.415.110.E of the Municipal Code of the City of Aspen, Colorado, which
section addresses a "Floor Area Bonus" for historic landmarks, shall hereby be amended
to read as follows:
26.415.110.E. 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
1
properties. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project unless criterion 26.415.110.E.4 is met. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
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. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to reward the
extra preservation efforts involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1. Any bonus square footage in
excess of five hundred (500) square feet on a single parcel shall be removed from the
property in the form of Transferable Development Rights, pursuant to Chapter 26.535.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to reward the extra preservation efforts involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1. Any bonus square footage in excess of five hundred (500) square feet
for both lots combined shall be removed from the properties in the form of Transferable
Development Rights, pursuant to Chapter 26.535.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E.1. Any bonus
square footage in excess of five hundred (500) square feet on a single parcel shall be
removed from the property in the form of Transferable Development Rights, pursuant to
Chapter 26.535.
2
6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
Section 2:
Section 26.420.020.B of the Municipal Code of the City of Aspen, Colorado, which
section addresses "Dimensional Variances" for historic landmarks, shall hereby be
amended to read as follows:
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.110(B), (C), and (E) for further information.
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 construed 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.
Section 5:
A public hearing on the ordinance will be held on the 1 lth day of October, 2005, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
3
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of August, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 1 lth day of October, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
4
1. 2fir 12%
MEMORANDUM
TO: Mayor Klanderud and City Council
RE: Code Amendment HPC FAR Bonus, 2" Reading of Ordinance
No. 26, Series 2005, Public Hearing, Open and Continue to
October 11, 2005
DATE: September 26, 2005
Staff Comments:
Due to the other significant agenda items scheduled to be reviewed at the
September 26 meeting, Staff would recommend that the review of this application
be continued to October 11`h
s
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: r _ a Q A) yr(tovrac , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 9 2-4 200
STATE OF COLORADO )
) ss.
County of Pitkin )
I, _ C _ ( V(4 (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
) Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained frdan the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty -two (22) inches `Wide
and twenty -six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
, 200, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and -
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
. fi
fs (.�° .
re
. The foreg ing "Affidavit of Notice" was acknowledged before die this(a day
of , 2045. , by _ 8 --c- L •
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: `f Ia -3 ( 0 9°
y Pub � I
4 tice 61 — .vex `%
_ k,
Notary Public : P .. %1
PUBLICNOTICE i � ,.
RE: LAND USE CODE AMENDMENTS — BENEFITS .
FOR HISTORIC LANDMARKS, O (a ( J
2 6.415.110 AND 26.420 SECTIONS / Z SF. ,\-.5.2
hearing
NOTICE 15 HEREBY GIVEN That a public c O
will be held on Monday, September 26,
2005 al a meeting to begin at 500 pm. before the
Aspen City Council, 130 S. Galena St., Aspen. to - 11t S7.•••.c.- ......
consider an application submitted by the Cily of `� q T C ' C
Aspen Community Development Department re ATTACHMENTS: \ `.\ ' ..
questing amendments to the following sections of
the land Use Code - 26,415.110 Benefits and
26.420, Benefits for Properties listed on the As-
pen Inventory of Historic Landmark Sites and 7PY OF THE PUBLICATION
Structures. The purpose of this amendment is to
consider granting more than one 500 square foot
FAR bonus on a properly that contains multiple 'H OF THE POSTED NOTICE (SIGN)
historic structures.
For further information, contact Amy Guthrie at
the City of Aspen Community Development De D GOVERNMENTAL AGENCIES NOTICED
nt, 130 S. Galen
2758, a , Aspen, CO, (970) 429- ]1,! A •
2758, Ci of n.cn. . Bl �) MAIL
Applicant: ant. City of Asp Community Develop
ment, 1305. Galena Stre , Aspen, CO 81611.
s /Het Kalin Klanderud, Mayor
Aspen
Published in the Aspen Times Weekl City Council
ber 1 2605. (3052) Y on Septem
vita.
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director 04
FROM: Amy Guthrie, Historic Preservation Officer
RE: Code amendments to Chapter 26.415, "Development Involving the Aspen
Inventory of Historic Landmark Sites and Structures or Development in an
"H," Historic Overlay District" and Chapter 26.420, "Benefits for
Properties Listed on the Aspen Inventory of Historic Landmark Sites and
Structures," First Reading of Ordinance # eries of 2005
DATE: August 22, 2005
SUMMARY: The proposed ordinance amends the historic preservation benefits sections
of the Municipal Code in order to increase the FAR bonus available to landmark
properties meeting certain criteria. Staff, HPC and P &Z recommend Council support this
new language.
The proposed changes grew from a citizen request that the City do more to address the
relatively small group of designated properties in town that contain two primary historic
buildings on one lot. Currently there are 7 landmarks with this circumstance.
HPC is in favor of this amendment with the condition that any increase to the existing
500 square foot bonus would have to be removed from the property through the City's
Historic TDR program. (The City adopted a Historic Transferable Development Rights
program in 2004, allowing owners of historic properties to sell unused floor area to
owners of non - historic properties in 250 square foot increments.) HPC does not want to
see additional development pressure on historic resources, but agree that more assistance
with the restoration costs when a property contains two significant buildings may be
appropriate.
This re -visit of the FAR incentive led to the idea that a similar increase in the bonus could
be offered to property owners granting consent to landmark properties that are currently
not designated. In particular HPC is interested in the protection of early ski era and
modernist buildings and would like to be able to have additional tools to reach this goal.
The proposed code amendment includes new language to this effect.
The current Historic TDR program allows floor area to be transferred with no net gain in
overall development rights. This code amendment in fact creates additional transferable
development rights (a net gain) on any property that receives the incentive.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
In 2002, the City Council adopted a complete re -write of the Historic Preservation
element of the Municipal Code, including many improvements to the decision making
process, and new incentives for the preservation of historic structures. The regulations
were viewed as "state of the art" by the Colorado Historical Society, and the City was
given an award for their adoption. The proposed code amendments are intended to
further improve the quality of the regulations.
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public hearing and recommendation from the Planning and Zoning
Commission, and a public hearing and affirmative vote by City Council. The review
criteria for code amendments are located at Section 26.310.040 and are addressed by Staff
in Exhibit A to this memo.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is strieken..
Amend Sections 26.415.110.E, Floor area bonus and 26.420.020.B, Dimensional
variances, to read as follows.
26.415.110.E. 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. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project unless criterion 26.415.110.E.4 is met. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
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.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
3. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to address the
extra preservation costs involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1. Any bonus square footage in
excess of five hundred (500) square feet on a single parcel shall be removed from the
property in the form of Transferable Development Rights.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to address the extra preservation costs involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1. Any bonus square footage in excess of five hundred (500) square feet
for both lots combined shall be removed from the properties in the form of Transferable
Development Rights.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E.1. Any bonus
square footage in excess of five hundred (500) square feet on a single parcel shall be
removed from the property in the form of Transferable Development Rights.
3, 6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
And
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.120110(B), (C), and (E) for further information.
STAFF RECOMMENDATION: Staff, HPC, and P &Z find that the proposed
amendments to the Municipal Code comply with the applicable review criteria and should
be approved.
RECOMMENDED MOTION: "I move to approve Ordinance # , eries of 2005, on
First Reading."
CITY MANAGER COMMENTS. {/S�e9 ran Ok (
Attachments:
Ordinance # ,'Series of 2005
Exhibit A: Amendments to the Land Use Code — Staff Findings
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
EXHIBIT A
Amendments to the Land Use Code
Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: Does it Comply? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: Does it Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: Does it Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. It is clear that the City must provide a workable historic
preservation program and benefits, which is addressed through these code
amendments.
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6
ORDINANCE NO. 59
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE CITY OF ASPEN MUNICIPAL CODE, CHAPTER
26.415.110 BENEFITS AND 26.420.020.B DIMENSIONAL VARIANCES
WHEREAS, the Director of the Community Development Department has
proposed amendments to the Land Use Code related to the historic preservation benefits
package for the purpose of promoting the goals of the Aspen Area Community Plan and
protecting the public health, welfare, and safety; and;
WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
may be approved by City Council by adoption of an Ordinance; 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 Planning Director recommended approval 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 on July 19, 2005, took and considered public
testimony and the recommendation of the Planning Director and recommended, by a three
to zero (3 -0) vote, City Council adopt the proposed amendments to the Land Use Code, as
described herein; and,
WHEREAS, the City Council reviewed and considered the recommendation from
the Community Development Director and the Planning and Zoning Commission, and
comments from members of the public; and,
WHEREAS, the City Council finds that the amendments, as hereinafter described,
meet or exceed all applicable standards and that the approval is consistent with the goals
and elements of the Aspen Area Community Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Section 26.415.110.E of the Municipal Code of the City of Aspen, Colorado, which
section addresses a "Floor Area Bonus" for historic landmarks, shall hereby be amended
to read as follows:
26.415.110.E. 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
1
properties. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project unless criterion 26.415.110.E.4 is met. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
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. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to address the
extra preservation costs involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E.1. Any bonus square footage in
excess of five hundred (500) square feet on a single parcel shall be removed from the
property in the form of Transferable Development Rights.
4. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to address the extra preservation costs involved. To
be considered for the bonus, it must be demonstrated that the project meets Section
26.415.110.E.1. Any bonus square footage in excess of five hundred (500) square feet
for both lots combined shall be removed from the properties in the form of Transferable
Development Rights.
5. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E.1. Any bonus
square footage in excess of five hundred (500) square feet on a single parcel shall be
removed from the property in the form of Transferable Development Rights.
6. 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 section
2
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
Section 2:
Section 26.420.020.B of the Municipal Code of the City of Aspen, Colorado, which
section addresses "Dimensional Variances" for historic landmarks, shall hereby be
amended to read as follows:
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415. 110(B), (C), and (E) for further information.
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 construed 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.
Section 5:
A public hearing on the ordinance will be held on the 26th day of September, 2005, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
3
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of August, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 26th day of September, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
4
4.0
ASPEN PLANNING & ZONING COMMISSION - Minutes — July 19, 2005
Brandon Marion stated it was an attractive building; the condominiumization plan
insured the space and echoed Brian's comments about the characterization of
people who live in employee housing. Marion said that he would support the
project.
Tygre said that she would vote in favor of this project and was relieved to see that
it followed the dimensional requirements. Tygre stated that it was compatible that
a small project provided on site housing mitigation.
Skadron stated it was a well designed in -fill project and he will support the project.
MOTION: Brian Speck moved to approve Resolution #23 Series 2005 granting a
GMQS approval with conditions, for the development of affordable housing ,
acknowledging the condominiumization of the development to be approved by the
Community Development Director, and recommending that the City Council
approve with conditions , the Hyman Apartments Condominiums to develop a
multi family building consisting of two free market residential units and two deed -
restricted affordable housing units, including subdivision and condominiumization.
Dylan Johns seconded. Roll call vote: Skadron, yes; Marion, yes; Johns, yes;
Speck, yes; Tygre, yes; approved 5 -0.
PUBLIC HEARING:
HISTORIC PRESERVATION CODE AMENDMENT 26.415 AND 26.420
Jasmine Tygre opened the public hearing for Historic Preservation Code
Amendments. Amy Guthrie stated the code amendment had 2 purposes in how
HPC allows FAR bonuses to be designated to Historic Landmarks and Landmark
Sites. Guthrie said this code amendment would affect the 7 designated properties
with this circumstance.
Guthrie said there was a 3r purpose which was a TDR of 500 square feet. Guthrie
summarized that this code amendment was for properties with 2 houses on 1 lot;
properties to be given an initial incentive to designate now and the 500 square foot
TDR. Tygre asked if the TDR was to be used off site. Guthrie said that the TDR
was to be used off site and HPC struggled with this because the FAR bonus was a
blessing and a curse because some properties want it and some don't. Tygre asked
what review process goes into the receiving sites. Guthrie replied that it had to be
a non- historic home and each can only receive one 250 square foot extension for
their home with no other requirements except that they have to follow the
residential design standards. Tygre said the neighbors would not be notified of the
TDR receiving site and may exceed the FAR; this was the TDR program and she
objected to it. Guthrie said that no TDRs have been sold to date.
8
ASPEN PLANNING & ZONING COMMISSION - Minutes — July 19, 2005
Tygre left at 7pm. Dylan Johns became the chair.
MOTION: Brian Speck moved to extend to 7:05 pm; seconded by Brandon
Marion. All in favor motion carried.
Steve Skadron asked how a landmark property was defined. Guthrie replied there
was extensive criteria; if the property were 100 years old it was easily designated.
Allgaier said that to obtain the first 500 square feet bonus the owner must show
that it was an exemplary project that furthers the historic resource that has been
identified.
Brandon Marion said that he must recuse himself because he just purchased
another historic property.
All 3 remaining commissioners must vote yes to have an approval.
MOTION: Steve Skadron moved to adopt Resolution #24, Series 2005,
recommending City Council approve the amendments to the historic preservation
portion of the municipal code and as amended at this meeting; seconded by Brian
Speck. Roll call vote: Speck, yes; Skadron, yes; Johns, yes; approved 3 -0.
Meeting adjourned at 7:07pm.
a City Clerk
•
9
RESOLUTION NO. 24
(SERIES OF 2005)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO
SECTIONS 26.415.110 BENEFITS AND 26.420.020.B DIMENSIONAL
VARIANCES
WHEREAS, the Community Development Depatintent has proposed code
amendments related to the historic preservation benefits package; 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 Planning Director recommended approval 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 July 19, 2005, took and
considered public testimony and the recommendation of the Planning Director and
recommended, by a three to zero (3 -0) vote, City Council adopt the proposed
amendments to the Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend the Municipal Code to include the
following text:
26.415.110.E. 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. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project. To be considered for the bonus, it must be
demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
2. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to address the
extra preservation costs involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E. HPC will require that any
bonus square footage in excess of five hundred (500) square feet on a single parcel must
be removed from the property in the form of Transferable Development Rights.
3. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to address the extra preservation costs involved.
HPC will require that any bonus square footage in excess of five hundred (500) square
feet for both lots combined must be removed from the properties in the form of
Transferable Development Rights.
4. In instances when a property meets criterion 26.415.110.E.1.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E. HPC will
require that any bonus square footage in excess of five hundred (500) square feet on a
single parcel must be removed from the property in the form of Transferable
Development Rights.
5. 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.
6. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend the Municipal Code to include the
following text:
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415. 110(B), (C), and (E) for further information.
APPROVED by the Commission during a public hearing on July 19, 2005.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
■/I
y Attorney Dylan o7 o -Chair 7
ATTEST:
/ � '
d it ckie Lothian, Deputy City Clerk
mac•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, D eputy Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Code amendments to Chapter 26.415, "Development Involving the Aspen
Inventory of Historic Landmark Sites and Structures or Development in an
"H," Historic Overlay District" and Chapter 26.420, "Benefits for
Properties Listed on the Aspen Inventory of Historic Landmark Sites and
Structures"
DATE: July 19, 2005
SUMMARY: Staff recommends P &Z support code amendments to increase the benefits
available to landmark properties meeting certain criteria. HPC was approached by a
citizen who recommended that the 500 square foot FAR bonus the board may award to
exemplary projects be adjusted to a higher number when there are two primary historic
buildings on one lot. Currently there are 7 designated properties with this circumstance.
HPC is in support of this amendment with the condition that any increase to the 500
square foot bonus would have to be removed from the property through the TDR
program. They do not want to see additional development pressure on the historic
resource, but agree that more assistance with the restoration costs when a property
contains two significant buildings may be appropriate.
Staff has also added the option for an increase in the bonus as an incentive for owner
consent to landmark properties that are currently not designated. In particular HPC is
interested in the protection of early ski era and modernist buildings and would like to be
able to have additional tools to reach this goal.
In 2002, the City Council adopted a complete re -write of the Historic Preservation
element of the Municipal Code, including many improvements to the decision making
process, and new incentives for the preservation of historic structures. The regulations
were viewed as "state of the art" by the Colorado Historical Society, and the City was
given an award for their adoption. The proposed code amendments are intended to
further improve the quality of the regulations.
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public hearing and recommendation from the Planning and Zoning
Commission, and a public hearing and affirmative vote by City Council. The review
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
criteria for code amendments are located at Section 26.310.040 and are addressed by Staff
in Exhibit A to this memo.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is stricken.
Amend Sections 26.415.110.E, Floor area bonus and 26.420.020.B, Dimensional
variances, to read as follows.
26.415.110.E. 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. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project. To be considered for the bonus, it must be
demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
1. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to address the
extra preservation costs involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E. HPC will require that any
bonus square footage in excess of five hundred (500) square feet on a single parcel must
be removed from the property in the form of Transferable Development Rights.
2. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to address the extra preservation costs involved.
HPC will require that any bonus square footage in excess of five hundred (500) square
feet for both lots combined must be removed from the properties in the form of
Transferable Development Rights.
3. 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
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
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.
4. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
And
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character - defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.120110(B), (C), and (E) for further information.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the
Municipal Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to adopt Resolution #.24 Series of 2005,
recommending that Council approve amendments to the Municipal code related to
historic preservation.
Attachments:
Exhibit A: Amendments to the Land Use Code — Staff Findings
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
EXHIBIT A
Amendments to the Land Use Code
Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does it Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: Does it Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: Does it Comply? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: Does it Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: Does it Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. It is clear that the City must provide a workable historic
preservation program and benefits, which is addressed through these code
amendments.
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: I► !
4 44 # S, , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: / 9 t!S , 200
STATE OF COLORADO )
) ss.
County of Pitkin ) 1
1
I --------- 1 �e 5 ri In _ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
__X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from theL
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty -two (22) inches wide
and twenty -six (26).inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described ti} Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class pottage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
•
• ature
•
The foregoing "Affidavit of Notice" wa ac owledged be ore me s day
of� / ,200,by� 1 •
WITNESS MY ELAND AND OFFICI_AL SEAL
UBIJC. NOTICE
RE LAND U CODE AMENDMENTS BENS- My commission expires: 1
' FITS FOR ORIC LANDMARKS (SECTION P
28415110 26.420) AND SUBDIVISION IX- _
Eh1PIlOT Cf. HEREBY 2EN \ \
N � , 1
OTl b ISEon BY that public
M1 m eeti will be held for 19, _ • 1 at
egg begin n gt 4 3 Tuesday, u pGIVEN .m. , a before the Aspen e Arena n j -
5 A
Planning and Zoning Commission. an apt Galena Notary Public
1 •
S[., City to r an application submitted bmitted
by the of id Aspen Aspen Community Development . j
•
the City = . . SA II
Department requesting land use code amend / R�
tents to the following sections of the land use / 1 Oq /
Code — 26.415.110, Benefits and 26.420, Benefits I I a : �S i
for Properties listed on the Aspen Inventory of 0 /
Historic Landmark Sites and Structures. The pur- I I 9� /
pose of this amendment dment is to consider granting I1 O ' -
than an one 500 square foot FAX bonus on a gi
property that contains multiple historic struc- ‘‘ COL
n.
tur An additional amendment is requested to \\
Land use Code Section 26.480.030 Subdivision ATTACHMENTS:
code
Exemptions. This code amendment affects la Jan-I
guage related to how FAR is determined on His-
toric Landmark int Sphts.
For further information contact Amy Guthrie at
the City of Aspen Co nity Development De- COPY OF THE PUBLICATION
partment, 130 S. Gale Stu Aspen, CO, (970) 429.
2758, meek / aspen. o.us.
/ s /Jazmine 7Yere. Chair' i
.Aspen PI ing and Zoning cmnwsamn RAPH OF THE POSTED NOTICE (SIGl9
Published in n the Aspen Times WmMy on July 3,1
2005. (2828)
LIST OF'111E OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
•
r c
• MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Guthrie, Historic Preservation Officer
RE: Land Use Code Amendments related to Historic Preservation -
Recommendation to the Planning and Zoning Commission
DATE: July 13, 2005
SUMMARY: The Community Development Department is prepared to process a code
amendment related to HPC FAR bonuses. During a worksession in April, the board
heard a presentation by a citizen who suggested that properties containing multiple
historic buildings should be eligible for more than one 500 square foot bonus. HPC was
open to the idea, possibly with some caveats, for instance that some of the bonus be sold
off the property as a TDR. Staff has drafted proposed new language and HPC is asked to
make a recommendation to P &Z and Council.
Following is the language that currently exists in the Municipal Code related to HPC
floor area bonuses. The code states that HPC can only grant up to 500 square feet of
extra floor area. That has always been interpreted to mean that a designated property can
only have one bonus, even if the lot is later subdivided.
Possible new language to add to these sections is underlined.
26.415.110.E. 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. To be considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic
appearance;
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. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
2. In instances when a designated property contains two principal* historic
buildings or meets criterion 26.415.110.E.1.i, HPC may grant up to a total of one
thousand (1000) square feet of bonus floor area. HPC may require that any bonus square
footage which exceeds five hundred (500) square feet on such a parcel must be removed
from the property in the form of Transferable Development Rights. To be considered for
the bonus, it must be demonstrated that the project meets the criteria of Section
26.415.110.E.1.
3. In instances when each lot created by a single historic landmark lot split
contains a principal historic building, HPC may award a bonus of up to five hundred
(500) square feet per lot. HPC may require that any bonus square footage which exceeds
five hundred (500) square feet for both lots combined must be removed from the
properties in the form of Transferable Development Rights. To be considered for the
bonus, it must be demonstrated that the project meets the criteria of Section
26.415.110.E.1.
4. 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.
5. 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 section
26.415.070(D). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
( *Please note the code defines a principle building as the primary structure on a lot.)
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character- defining features of the
designated property or historic district:
o Side, rear and front yard setbacks
o Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. 1000 square feet.
o Variance to exceed the allowed site coverage by up to 5%
o Parking waivers and waivers of cash -in -lieu fees are permitted on sites unable to
contain the required number of on -site parking spaces required by underlying
zoning
o The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.120(B), (C), and (E) for further information.
STAFF RECOMMENDATION: Staff recommends that HPC support the proposed
code amendment.