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Home My WebLink Aboutcoa.lu.ca.2001 HPC code amendments A101-01file 3 t � N m y K 1/1 r . 21- II N N g • t a � 3 4 e c v '" ' m„ o ° '2 I c 'E , te a • + 'r i3 eo § 'S e p a o .G pilE a N .- WJ � S U 8 , � � a.� � • U i . A o lia - '° i 3g0 . 47g 'I g 3 . . O d I� \ 9_,,..i, y O " w 1.4 a 1 1(1 V ac Sg CeJ u o , c i .R1 g o ° fl . y c ' w , : y 'S(t w b eoa •1 c ^ � cp c p a " U c 4 $ 3d" • . 1 ° K .- A � � „ • E T a E'�, g'. zt e� E ° up• .' . Continued Meeting Aspen City Council March 12, 2002 Mayor Klanderud called the continued meeting to order at 4:05 p.m. with Councilmembers Paulson, McCabe, Hershey and Semrau present. ORDINANCE #1, 2002 Code Amendments Historic Preservation ORDINANCE #2,2002 Historic Preservation Benefits Amy Guthrie, community development department, told Council that the criteria for designation is more clear, staff is creating supporting documents to shed additional Light on that criteria including the scoring system, the existing ordinance requires 15 days notice, this ordinance extends it to 30 days and the notice has to be by registered mail. If there is not confirmation the owner has received this notice, staff will take additional steps to contact the owner. Ms. Guthrie told Council staff will not work on any designations until the supporting documents are complete. Council will see these documents before they are put in use. Ms. Guthrie pointed out if HPC brings forward a designation and Council finds it does not meet the criteria, the issue will not be brought up again for 5 years. Ms. Guthrie noted there is a provision in this ordinance that provides r a stay on demolition permits to allow for discussion of designation without immediate threat of demolition. This stay can be enacted by HPC and can be appealed by the property owner. Staff will develop a list of potential properties to be designated, which will be given to the building department. If a property owner on this list applies for a building permit, they will be directed to the community development department. Ms. Guthrie pointed out the new whereases added since last night's public hearing. One whereas is to address that a building must be at least 40 years old. Councilman Paulson asked what justification there is for 40 years. City Attorney John Worcester said Council has determined it is the best interest to mandatorily designate properties only in those instances where the structure passes the normal demolition period of 38.5 years. Worcester said the justification discussed by Council was a structure would meet the test of time by exceeding 38.5 years and if a structure has reached 40 years, the owner may have determined that structure is worthy to be kept in its current condition. Mayor Klanderud noted this is a very disposable society and people do not \ keep things. In the past there was more respect for properties. Mayor 1 c Continued Meetin As I en Ci Council March 12 2002 t,.Th Klanderud said 40 years seems irrelevant. Councilman Paulson asked what protection there is that everything won't be torn down when it reaches 39 years old. This will not safeguard the character of Aspen. Councilman Semrau said a lot of structures built in the 1950's may be significant, and this ordinance will insure the city can review these structures before they are demolished. Ms. Guthrie said the existing ordinance does not have a minimum age, nor is staff recommending a minimum age. Ms. Guthrie said she is comfortable with 40 years as a minimum age. Councilman Semrau said if there is no minimum date, Council and staff would have to be wise enough to know if a structure should be preserved the day after it is built. Councilman Semrau said 40 year minimum would give property owners some assurances. Yasmine dePagter told Council she felt g0 years would give residents more time to figure out what to do with their properties. John Kelly said he looked at 6 other historic preservation ordinances and they all have a 50 year minimum. Kelly said he feels 50 years is a defensible number because it is the same as the federal regulations. Kelly said the city's consultant only suggested mandatory programs; voluntary programs were not discussed. Kelly said most people who have been opposing this code amendment have structures built between 40 and 50 years. Mayor Klanderud reiterated when this process started, Council was looking for more objective criteria so property owners would have something to rely on. Through heightened education and awareness of the value of preservation of historic structures, the process will move forward. Mayor Klanderud asked what are the legal issues if a two -year notice is sent out and a property owner is in the middle of a property transaction. Mayor Klanderud said the two -year notice will take an incredible amount of staff time, which could be better spent in education and raising the community's awareness. Ms. Guthrie reminded Council the current code has no age requirement. Ms. Guthrie said Aspen is not trying to copy of communities and is trying to address post World War II properties. Mayor Klanderud said she feels it was the process that was not working, not the regulations. This ordinance adopts major improvements to the process. Julie Ann Woods, community development department, told Council if a 50 year minimum is adopted, the very important Bauhaus and post WWII structures may be lost. Mayor 2 Continued Meetin ' As ' en Ci Council March 12 2002 t ,—, Klanderud said the point of a historic preservation program is that the best is saved, not every single structure. Councilman Semrau said creating a minimum age limit creates breathing room for the citizens. Councilman Semrau agreed 50 years is standard; however, Aspen is unique and in the 40 to 50 year range, there are very important structures that have not been investigated. Councilman Semrau agreed how the city looks at structures under consideration needs to be fair. The rationale for the 40 year age requirement is because of the unique time slot in Aspen that needs to be looked at fairly; this does not mean that every property will be historically designated. Councilman Paulson said if there is no minimum age, structures will be judged more fairly because age will not be a consideration. Councilman Semrau pointed out the national 50-year criteria represents a test of time for people to step back and to decide whether a structure deserves preserving. Councilman Semrau said Aspen is not a lineal community and has a different type of development time line. The period between 40 and 50 years is very unique and it not has yet been understood. Ms. Guthrie reminded Council buildings less than 50 year can be listed if the property is significant or exceptional. Kelly said the city should be conservative with people's property and should look at what is being done in the rest of the country. Councilman Paulson said historic preservation is protecting the character of Aspen. Ms. Guthrie pointed out the ordinance allows a property owner with a structure less than 40 years to apply for designation. In a historic district, only a majority of the properties have to meet the requirements. Ms. Guthrie showed Council the notice provision, which requires a two -year notice to property owners that their structure may be eligible for designation. Ms. Guthrie said staff is concerned about legal issues as well as sending notices to people whose property does not have a chance in being designated. Ms. Guthrie said the assessor's office can do a property search based on age of a structure. There are 40 buildings on a list of 38 year old siructures. Councilman Semrau said he feels it is the city's duty to let property owners know as much as possible. If they tear the structure down, that is their rTh property right. Mayor Klanderud said she fears unintended consequence of this two -year notice, people contacting lawyers, having to spend money. 3 Continued Meeting Aspen City Council March 12, 2002 Mayor Klanderud suggested when staff feels a property is of true historic value, they contact the property p p rty owners and work with them. Mayor Klanderud said this two year notice will cause mass reactions from property owners as happened two years ago with the list of post WWII properties. Councilman McCabe said the two -year notice provision will give property owners a chance to work with staff and to make a decision on their structure rather than feel like they are up against an immediate deadline. Councilman McCabe said the two -year notice is an extra step in fairness to property owners. Councilman Semrau agreed this is a good faith attempt to let the citizens know what's corning up so they have adequate time to make a thoughtful decision. Councilman Semrau moved to adopt Ordinances #1 and #2, Series of 2002, with the changes provided by staff; seconded by Councilman Hershey Councilman Hershey asked if the two year notice is a benefit for property owners. John Kelly said it is a good thing. Worcester said there is the concern that giving two years notice will raise the red flag for some property owners; however, giving people as much notice and information is a good teTh thing. Mayor Klanderud said the code amendments correct some problems in the existing regulations; however, there are some aspects of it that may confuse things. Mayor Klanderud said city staff could better spend their time promoting historic preservation rather than dealing with riled up citizens. Mayor Klanderud said staff should know in advance which structures they are interested in preserving. Councilman Hershey said there will be a report from staff on this ordinance and its effects in 12 months. Councilman Semrau called the question. All in favor, motion carried. Worcester requested to add some new whereases, which he read to Council. Councilman Semrau moved to amend his motion to include whereases as crafted by the city attorney; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, no; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, no. Motion carried. Councilman McCabe moved to adjourn at 5:20 p.m. seconded by Councilman Paulson. All in favor, motion carried. 62 / J As / 4 Regular Meeting Aspen City Council March 11, 2002 r`': Councilmembers Paulson, yes; McCabe, yes; Semrau, yes; Hershey, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #1, SERIES OF 2002 - Code Amendments Historic Preservation ORDINANCE #2, SERIES OF 2002 - Historic Preservation Benefits Amy Guthrie, community development department, told Council staff feels Ordinance #1 has a lot of advantages to the historic preservation program in making decisions as well as a better review process to HPC. Council has been concerned about the designation standards more than the process. Ms. Guthrie said staff has worked to come up with appropriate criteria. There are support documents to create checklists and scoring systems that will eliminate properties not worthy of review by Council. Ms. Guthrie said staff will refine these support documents with HPC and the public over the next 6 months. Ms. Guthrie told Council 95% of those properties currently historically designated are privately owned. Ms. Guthrie noted staff feels it is important '"-\ to have a mandatory program in order to protect these resources for the future and from development pressures. 75% of historically designated structures are residential, 20% commercial; 5% government. Ms. Guthrie said currently homeowners are carrying the burden for historic properties, and it is important for Council to come up with benefits to help with this burden. Ms. Guthrie pointed out other ski towns and Westem towns have a historic Victorian era that has been preserved. Aspen has a unique modern architecture as well as what happened to Aspen in the 1940's, the ski industry, the Aspen Institute. Ms. Guthrie said staff revised the benefits. Transfer of development rights will be dealt with in the infill program. Staff would like feedback from Council on the tax relief and grant program. Citizens have expressed interest in these as financial benefits. There is no funding source; however, staff suggests a modest sales tax increase be put before the electorate. Staff would like direction on whether Council would like them to continue t working on that. 11 c Regular Meeting Aspen City Council March 11, 2002 f . Ms. Guthrie told Council the city currently offers a $10,000 maintenance loan for historic properties. This ordinance increases that $25,000 to address the cost of construction and inflation. Under technical assistance, staff has added a requirement that the city provide technical workshops. The ordinance also states staff will report to Council annually on what benefits have been used and proposed adjustments. Ms. Guthrie said Ordinance #1 contains better criteria for historic designation with a more clear review process, including better notification to property owners. In terms of development on historic properties, more things can be approved by staff. The review process contains more reliance on design guidelines, which is an adopted document. HPC is bound to more of their decisions at the conceptual level so applicants are not subjected to a changing review process. Mayor Klanderud opened the public hearing. Margaret Kravitz said the mandatory aspect bothers her; the spot zoning bothers her. The city should just designate a certain area, like the downtown. Janver Derrington said in order to give incentives, the FAR for r lot splits should be that of a duplex on 6,000 square foot lots. Derrington said the 500 square foot bonus is only allowed if the HPC feels a project is exemplary Kathy Welgos, 1295 Riverside drive, told Council she supports historic preservation. Ms. Welgos said this decision of Council is important for the viability of historic preservation and for the next generation of Aspenites, who deserve to experience the story of Aspen. Post WWII era will be meaningful in the future. John Kelly said he does not feel kit homes should be designated. Kelly told Council he has looked at other town's historic ordinances and most of these are voluntary for newer structures. Kelly said the other towns he looked at with historic ordinances also have high real estate values and development pressures. Kelly said these other towns also have benefits for historic preservation. Kelly said if the city's ordinance were adopted with post WWII being voluntary designations, Council could look at the impacts on (Th the community. 12 Regular Meeting Aspen City Council March 11, 2002 Yasmine dePagter asked if Council has looked at ordinances from other cities with voluntary designation. Fonda Patterson said if the benefits make sense, people will line up to have their properties historically designated. Ms. Patterson said these benefits do not offer anything to a large property owner. Ms. Patterson noted putting a historic designation on a business makes no concession to economic obsolescence. The lodge business has to respond to demands of the public, which change. Ms. Patterson said she has a right to decide what kind of business to operate, which may require changes historic designation would not allow. Ramona Markalunas presented pictures of historic buildings and what happens with lot splits and when buildings overwhelm the historic resource. Allowing this increase in density will make the community very congested. Ms. Markalunas said Ordinance #1 is difficult to understand. Lisa Markalunas said allowing lot splits is not good historic preservation. Lisa Markalunas said if the city gets too carried away with benefits, this may destroy historic properties. Bill Stirling said historic designation is an ever - evolving process; the historic designations of the 1980% saved dozens of Victorian houses. Stirling said the current process is looking at the next era; communities that care about their architectural legacy keep looking at the next era. Stirling said historic designation of these structures is essential. Stirling suggested more discretion in the lot split process so that Large stately Victorians are not overwhelmed by development. Stirling said he does not feel designation can be voluntary; it should be a mix of the carrot and the stick. Jim Daggs said Council has an opportunity to gain the support of the community rather than to antagonize property owners. Daggs said the incentives could be much better than presented. The greatest incentive in this area is additional density or FAR. This would cost the city nothing. A lot split does not add any FAR. Jack Simmons said it is Council's job to find the sources of revenue, of zoning, of support for a historic preservation program. Simmons suggested a fund to buy development from threatened historic sites. Simmons said the entire community needs to fund historic preservation, if it is good for the entire community. Suzannah Reid, HPC Chair, said this ordinance tries to find a balance r between the carrot and the stick. Ms. Reid noted this ordinance represents things the HPC has been working on for a long time, like the streamlined 13 • 0 Regular Meeting Aspen City Council March 11, 2002 process, improved benefit list, focus on the guidelines and a better review process. Ms. Reid reiterated this ordinance does not designate any buildings that are not already designated. This ordinance sets the framework for designations in the future. Ms. Reid said the post WWII era in Aspen is unique with the early ski era and the Bauhaus era. These two styles do not exist anywhere else. Perry Pollock suggested the post WWII buildings be a voluntary designation program and give the program a year. Pollock said if this is adopted as a mandatory program, it would be too difficult to change it after a year. Mayor Klanderud closed the public hearing. Councilman Hershey thanked HPC and staff for all the work on these code amendments. Councilman Hershey said property rights are very important and Council is trying to balance those with the needs of the community. Mayor Klanderud thanked the public for participating in the discussions over the last 18 months. Councilman Semrau said a fundamental issue for Council to address is r whether they believe there is any way to make this program voluntary and at what age. Councilman Semrau said incentives for a voluntary program would be very expensive. And the city cannot offer enough benefits to make a voluntary program work. Councilman McCabe said he feels the program has to be mandatory in order to work. Councilman McCabe suggested at 45 years, a property gets a notice telling them in 5 years the property will be considered for historic preservation. Councilman McCabe said a property owner would have 5 years to figure out what their options are, whether they want to modify the structure, demolish it or sell it. Councilman McCabe said that will give a comfort level that a property owner will not find out about designation of their property the month before it happens. Councilman Semrau said even after a structure is 50 years old, it means it is eligible for designation and the burden of proof is on the city to prove that this structure is historic. Councilman Semrau said modern structures built in the 1950's are unique to this community, and it is hard to say what historic value these houses will have. It would be a shame to lose those structures. Ms. Guthrie said the t structures that make Aspen so unique are the chalets that were trying to 14 C Regular Meeting Aspen City Council March 11, 2002 t, create the image of' skiing in this new resort, as well as structures by renowned modern architects. Mayor Klanderud said there is no time limitation on structures to be eligible the way the ordinance is currently written. Mayor Klanderud agreed not everything stopped happening 100 years ago. Mayor Klanderud said historic preservation of' structures less than 100 years will only work if the definitions are very specific and very clear. Mayor Klanderud noted "appropriate degree of integrity" is not strong enough nor is "possesses sufficient integrity" clear enough. The national register is clear about how properties are judged for their historic value. Mayor Klanderud stressed that this ordinance is not designating any properties. Each and every property will have to go through a process and be reviewed by HPC and by Council. Mayor Klanderud said she does not want what happened two years ago to occur again, where property owners get in a panic with their property on a list. Mayor Klanderud said before any property owners are put through any kind of process, staff should be very certain that this property will be eligible. Councilman McCabe said the HPC criteria should be set down and the HPC r, will have to stay within those guidelines when considering properties, and this will be subject to much less discretion than before. Councilman Semrau said one of the major goals is to make the system objective not subjective. Councilman Semrau said Council should pick a date up until when historic designation would be voluntary; after that a property would be eligible for the city's mandatory program. John Worcester, city attorney said Council should pick that date with historic significance in mind, like 50 years, which is the national criteria. Ms. Guthrie told Council staffs research has found that the life cycle of buildings in Aspen is an average of 38.6 years, after which a building is demolished. Council could set a date of 35 years to get structures before they are razed. Mayor Klanderud reiterated the property owners have to be incorporated in the process before the time comes for mandatory designation. Councilman Hershey moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Councilman Semrau said the premise is that the structures need to stand the test of time in order to be historically designated. Councilman Semrau said 35 years is not enough time for mandatory designation. Councilman Semrau 15 C Regular Meeting Aspen City Council March 11, 2002 said the city is trying to create some assurances for private property owners and to eliminate the discretionary nature of the process. Councilman Paulson said time should not be the factor, this should be preserving the character not just the significant buildings. Mayor Klanderud said information needs to be available to explain the entire process to property owners including the benefits. Councilman Semrau suggested 40 years for mandatory designation, which will protect the post WWII structures and will meet the test of time. Councilman McCabe moved to adopt Ordinance #1, Series of 2002, with a 40 -year timeline with a mandatory warning 5 years prior to that date by certified mail. Motion DIES for lack of a second. Councilman Semrau moved to adopt Ordinances #1 and 2, Series of 2002, with a 40 -year minimum for consideration in the city's historic program with the home owner getting notice 2 years prior by certified letter; seconded by Councilman Hershey. Councilman Paulson asked if notification of pending eligibility could be part t r . \, of the title search for real estate transactions. Mayor Klanderud said this ordinance should be for the benefit of the community and it seems to be getting into form over substance. If there is to be a mailing two years prior to the mandatory age, it should only go to property owners whose structures may be eligible for designation. Councilman Semrau moved to adopt Ordinances #1 and #2, Series of 2002, with the change that the program is totally voluntary up to 40 years and changes section 26.415.030(2) for required notice 2 years prior to a hearing on that structure; seconded by Councilman Hershey. Councilman Semrau moved to call the question; seconded by Councilman Hershey. Councilman Semrau said Council wants to see the rewritten criteria from HPC within 6 months. Mayor Klanderud noted that location of structures is important and lot splits might be detrimental to that location. Mayor Klanderud asked if the benefits are discretionary or are allowed by right. Worcester requested time to redraft the whereas clauses and the noticing requirement. 16 f c Regular Meeting Aspen City Council March 11, 2002 Councilman Hershey moved to continue Ordinances #1 and #2, Series of 2002, to March 12, 2002, at 4 p.m.; seconded by Councilman Semrau. All in favor, motion carried. BUYING DOWN UNIT AT NORTH FORTY Cindy Christensen, housing office, told Council this is a request from the developer of North Forty for funds from the housing office to buy down a townhouse at North Forty being developed for a family with a disabled child. The housing board supports this request. Ms. Christensen told Council most handicapped units are one - bedroom units. This is a request for $216,000 from the housing daycare fund. Steve Barwick, city manager, said there are policy issues that City Council and the housing board should agree to before any individual requests are granted. Barwick said the city should look at where ADA units are and in what category; is there more demand for ADA units; is this an absolutely unique situation. Barwick said even if Council agrees with this request, there should be a lottery for this unit. c _ Councilman ' Semrau noted under ADA requirements, one out of every seven units in a development has to be ADA accessible. Councilman Semrau said the issues are whether Council is interested in using $216,000 of housing money to buy down an RO unit to a category ADA unit and that unit should be available in a lottery. The second issue is that the city is being asked for funds for a specific individual because they cannot afford the price. Councilman Semrau said this would set a precedent. John Worcester, city attorney, said using public funds to benefit a private person is not generally authorized under the Constitution. Worcester noted if another individual were to come in with a similar request, Council would have to grant it. Councilman Semrau asked staff to create a list of three - bedroom ADA units, what will be available, and if this is a good deal. If the answer is yes, the unit should go through a lottery process. John McBride, North Forty, told Council he has worked with Todd Grange and is willing to build this unit to meet ADA standards. Todd Grange told Council this will allow him and his son to be part of the community, to be close to the schools and play areas. Ms. Christensen noted the North 40 is 17 ORDINANCE NO. 1, SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE HISTORIC PRESERVATION PROGRAM AND THE FOLLOWING SECTIONS OF THE LAND USE CODE: SECTION 26.104- GENERAL PROVISIONS, 26.208— CITY COUNCIL, 26.212- PLANNING AND ZONING COMMISSION, 26.220- HISTORIC PRESERVATION COMMISSION, 26.304- COMMON DEVELOPMENT REVIEW PROCEDURES, 26:312- NONCONFORMITIES, 26.415- DEVELOPMENT INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR WHICH OCCURS IN AN "H," HISTORIC OVERLAY DISTRICT, 26.420, HISTORIC OVERLAY DISTRICTS AND HISTORIC LANDMARKS, 26.430- SPECIAL REVIEW, 26.470- GROWTH MANAGEMENT QUOTA SYSTEM, 26.480- SUBDIVISION, 26.500 DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC, 26.510- SIGNS, 26.515- OFF STREET PARKING, 26.520- ACCESSORY DWELLING UNITS, 26.575.030- OPEN SPACE, 26.575.120- SATELLITE DISH ANTENNAS, 26.610- PARK DEVELOPMENT IMPACT FEE, AND 26.710- ZONE DISTRICTS WHEREAS, the Community Development Department and the Aspen Historic Preservation Commission have been involved in a year long process to evaluate and improve the Historic Preservation Program; and, WHEREAS, with substantial input from the public and other City review boards, a new historic preservation ordinance has been prepared and staff has identified other areas of the Land Use Code which require amendment to enact the new program; 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 at a public hearing after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 26.415, 26.420, 26.430, 26.470, 26.480, 26.500, 26.510, 26.515, 26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Historic Preservation Commission conducted a public hearing and reviewed and endorsed the new historic preservation regulations and benefits by a 6 to 1 vote on November 28, 2001, and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed amendments to the historic preservation regulations and related sections of the land use code on December 11, 2001, took and considered public testimony and the recommendations of the Planning Director and Historic Preservation Commission and recommended, by a 6 to 1 vote, City Council amend the text of sections 1 3 26.104, 26.208, 26.212, 26.220, 26.304, 26312, 26.415, 26.420, 26.430, 26.470, 26.480, 26.500, 26.510, 26.515,26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of the land use code of the Aspen Municipal Code as described herein, and; WHEREAS, the Aspen City Council opened a public hearing on this Ordinance on January 28", 2002 and continued it to February 12"i, February 25", March 11t and March 12t and has reviewed and considered those recommendations made by the Community Development Department, the Historic Preservation Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council has determined that it is in the best interests of the City to designate certain historic resources in a cooperative manner with the owners of such resources, but recognizes that certain historic resource will be Lost forever unless a process is instituted to protect such resources without owner consent; and WHEREAS, the City Council has determined that on average residential structures in the City of Aspen are demolished after approximately 38.5 years, a period of time that is considerably less than the national average; and WHEREAS, the City Council recognizes that the development of the City of Aspen as a destination ski resort was begun in earnest 40 years ago and before; and WHEREAS, the City of Aspen is a unique ski resort community because of its historic resources including extraordinary examples of post World War II ski industry architecture that are 40 years old and older; and WHEREAS, the City Council has determined that it is in the City's best interest to designate properties without the owners' consent only in those instances where the historic resource has a history of 40 years or more and therefore has exceeded the average time for demolition and thus "met the test of time;" and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.104.100 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): Dwelling, multi - family. A residential structure containing three (3) or more attached dwelling units, not including hotels and lodges, but including townhomes, with accessory use facilities limited to an office, laundry, recreation facilities, and off - street parking used by the occupants. One (1) or more dwelling units located within an office, 2 retail, or service commercial building shall also be considered a multi- family dwelling. The term "multi- family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more detached dwelling units where permitted by the zone district. Historic landmark. A structure or site designated and regulated for its historic architectural or other importance under Chapter 26.415 of this Title. Historic Overlay District, "11". An area or site designated and regulated for its historic architectural importance under Chapter 26.415 of this Title. Residential multi- family housing. A dwelling unit which has in its history ever housed a working resident and which is located in a building in one of the following configurations: 1) A multi - family residential building; 2) A mixed -use building; or, 3) A detached building on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures containing three or more detached residential units where permitted by the zone district. Excluded from this definition shall be single - family and duplex dwellings and dwelling units used exclusively as tourist accommodations or by non - working residents. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.208.010 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.208.010 Powers and Duties In addition to any authority granted by state law or the Municipal Code of the City of Aspen, Colorado, the City Council shall have the following powers and duties: A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310; B. To hear, review, and adopt amendments to the text of this Title after recommendation by the commission, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; 3 D. To hear, review, and adopt amendments to the official zone district map after recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310; E. To hear, review, and adopt a conceptual development plan and a final development plan for specially planned areas (SPA), after recommendations of the Planning and Zoning Commission, pursuant to Chapter 26.440; F. To hear, review, and adopt a conceptual development plan and a final development plan for a planned unit development (PUD), pursuant to Chapter 26.445; G. To hear, review, and designate H, Historic Overlay Districts and the Aspen Inventory of Historic Landmark Sites and Structures, after recommendation from the Historic Preservation Commission, pursuant to Chapter 26.415; H. To review appeals from decisions of the Historic Preservation Commission approving, conditionally approving or disapproving a development application for development or demolition of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a development application for development or demolition in a H, Historic Overlay District pursuant to Chapter 26.415; I. To ratify historic district and historic landmark development guidelines pursuant to Chapter 26.415; Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.212.010 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.212.010 Powers and Duties In addition to any authority granted the Planning and Zoning Commission (hereinafter "commission ") by state law or the Municipal Code of the City of Aspen, Colorado, the commission shall have the following powers and duties: A. To initiate amendments to the text of this title, pursuant to Chapter 26.310; B. To review and make recommendations of approval or disapproval of amendments to the text of this title, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council in regard to amendments of the official zone district map, pursuant to Chapter 26.310; 4 E. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on a conceptual development plan and fmal development plan for planned unit development (PUD), pursuant to Chapter 26.445; F. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on adoption of a conceptual development plan and final development plan or specially planned areas (SPA), pursuant to Chapter 26.440; G. To review, score, and recommend allotments for residential, office and commercial, and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; H. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; I. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; J. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; K. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; L. To hear and approve, approve with conditions, or disapprove development in environmentally sensitive areas (ESA), pursuant to Chapter 26.435; M. To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal government; and N. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title. 0. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; P. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The Commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary 5 other standards of this Chapter that may be provided by another decision making administrative body. Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.220 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): Sections; 26.220.010 Powers and duties. 26.220.020 Qualifications for membership. 26.220.030 Membership; appointment, removal, terms and vacancies. 26.220.040 Staff. 26.220.050 Quorum and necessary vote. 26.220.060 Meetings, hearing and procedure. 26.220.070 Committees and project monitoring. 26.220.010 Powers and duties. The Historic Preservation Commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to the City Council of the designation of 11, Historic Overlay Districts and the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; B. Review and approval, approval with conditions, suspension or disapproval of development within the H, Historic Overlay District or development involving the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; C. Review and approval, approval with conditions, suspension or disapproval of demolition or relocation involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415, or properties under consideration for the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415.080 and 26.415.090; D. Recommendation of approval, approval with conditions, or disapproval to the Board of Adjustment or Planning and Zoning Commission on a request for variance in the H, Historic Overlay District or involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415.130; E. Adoption of Historic District and Historic Landmark Development Guidelines, pursuant to Chapter 26.415; 6 r 1 F. Recommendation to the Planning and Zoning Commission to initiate amendments to this Chapter; G. To hear and approve, approve with conditions, or disapprove variations pursuant to Chapter 26.415; and H. To grant variances from the provisions of this Title when a consolidated application is presented to the Historic Preservation Commission for review and approval pursuant to Chapter 26.314. I. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; J. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of' Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The Commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body; K. To file a petition in accordance with Section 26.415.110 (A) with the Chief Building Official, requesting that the official act to require the correction of defects or repairs to designated properties subject to demolition by neglect. 26.220.020 Qualification for membership. Members of the Historic Preservation Commission shall be qualified electors in Aspen and residents for one (1) year prior to appointment. 26.220.030 Membership; appointment, removal, terms and vacancies. 26.220.040 Staff. 26.220.050 Quorum and necessary vote. 26.220.060 Meetings, hearing and procedure. 26.220.070 Committees and project monitoring. Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.304 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 7 0 26.304.020 Pre - application conference. A. General. Prior to the formal filing of a development application, unless waived by the Community Development Director, the applicant shall confer with a member of the staff of the Community Development Department to obtain information and guidance regarding the format and processing of the development application. The purpose of such a conference is to permit the applicant and the Community Development Department staff to review informally a proposed development and detennine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. The Community Development Director may decide as part of the pre - application process to hold pre- application work sessions with decision making bodies if it is determined that such work sessions would provide the Community Development Department or the applicant with additional information or guidance necessary to the preparation or processing of an application for development. 13. Issues of discussion. Issues that may be discussed at the pre - application conference may include, but are not limited to, the following: 1. Proposed development. The applicant should describe the general nature of the proposed development including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of' public uses; preservation of natural features; preservation of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; protection of environmentally sensitive areas; proposed off -street parking and internal traffic circulation; and total ground coverage of paved areas and structures. 26.304.040 Initiation of application for development order. An application for a development order may only be initiated by (1) a person or persons owning more than fifty percent (50 %) of the property subject to the development application and proposed development; (2) the City Council or the Planning and Zoning Commission for the purpose of amending the text of this Chapter or the official zone district map (Chapter 26.310) or to designate a Specially Planned Area (SPA) (Chapter 26.440); and, (3) the City Council, Planning and Zoning Commission, or Historic Preservation Commission for the purpose of designating an (H), Historic Overlay District or designating a property on the Aspen Inventory of Historic Landmark Sites and Structures. 26.304.060 Review of a development application by decision - making bodies. A. Review Procedures and Standards. Specific development review procedures and standards for different types of development applications are set forth in the relevant Chapters of this Title. They include the following: Permitted Uses: Chapter 26.404 8 Variances: Chapter 26.314 Residential Design Standards: Chapter 26.410 Development involving the Aspen Inventory of Historic Landmark Sites and Structures or in an "H," Historic Overlay District: Chapter 26.415 Conditional Uses: Chapter 26.425 Special Review: Chapter 26.430 Development in Environmentally Sensitive Areas: Chapter 26.435 Specially Planned Areas (SPA): 26.440 Planned Unit Developments (PUD): Chapter 26.445 Temporary Uses: Chapter 26.450 Growth Management Quota System (GMQS): Chapter 26.470 Subdivision: Chapter 26.480 Amendments to Text and Zone District Map: Chapter 26.310 Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.312.030(C)(2) and 26.312.050(C) of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.312.030 Nonconforming structures. 2. Historic Structures. The only exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title, and receives development review approval as required by Section 26.415. 26.312.050 Nonconforming lots of record. C. Historic Property. A lot of record containing a property listed on the Aspen Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.415. Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals and re- enacts Section 26.415 of the Aspen Municipal Code to read as follows: CHAPTER 26.415 9 c DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT Sections: 26.415.010 Purpose and Intent 26.415.020 Definitions 26.415.030 Designation of Historic Properties 26.415.040 Recordation of Designation 26.415.050 Rescinding of Designation 26.415.060 Effect of Designation 26.415.070 Development Involving Designated Historic Properties 26.415.080 Demolition of Designated Properties 26.415.090 Relocation of Designated Properties 26.415.100 Demolition by Neglect 26.415.110 Benefits 26.415.120 Appeals, Council Notice and Call Up 26.415.130 Variances Granted by Other City Review Bodies 26.415.140 Penalties 26.415.010 Purpose and Intent The purpose of this chapter is to promote the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent the distinctive elements of Aspen's cultural, educational, social, economic, political and architectural history. Under the authority provided by the Home Rule Charter of the City of Aspen and Section 29- 20- 104(c) of the Colorado Revised Statutes to regulate land use and preserve areas of historical, architectural, archaeological, engineering and cultural importance, this chapter sets forth the procedures to: A. Recognize, protect, and promote the retention and continued utility of the historic buildings and districts in the city; B. Promote awareness and appreciation of Aspen's unique heritage; C. Ensure the preservation of Aspen's character as a historic mining town, early ski resort and cultural center; D. Retain the historic, architectural and cultural resource attractions that support tourism and the economic welfare of the community; and E. Encourage productive, economical and attractive reuse of historic structures. 26.415.020 Definitions The following definitions are specific to the terms as used in this Chapter and in the field of Historic Preservation: Alteration. A change to an existing building, structure or feature that modifies its original appearance or construction. 10 Certificate of Appropriateness. An official form issued by the City stating that the proposed work on a designated historic property is compatible with its historic and architectural character and, therefore, the work may be completed as specified in the Certificate and the City may issue any permits needed to do the work specified in the Certificate. Certificate of No Negative Effect. An official form issued by the City stating that the proposed work will have no detrimental effect on the character - defining features of a designated property and, therefore, the work may proceed as specified in the Certificate without obtaining further approvals under this Chapter and the City may issue any permits needed to do the work in the specified Certificate. Certificate of Demolition Approval. An official form issued by the City authorizing the issuance of a demolition permit for a designated historic property or for a building or structure located in a designated historic district. Certificate of Economic Hardship. An official form issued by the City, in connection with a Certificate of Demolition Approval, that allows the demolition of a designated historic property as the owner has demonstrated that maintaining it will impose an economic hardship. Contributing Resource. A building, site, structure or object that adds to the historic associations, historic architectural qualities or archaeological values for which a property or district is considered significant. Designated Property. A property listed on the Aspen Inventory of Historic Landmarks Sites and Structures. Historic District. A collection, concentration, linkage or continuity of buildings, structures, sites or objects united historically or aesthetically by plan or physical development. Integrity. The ability of a property to convey its significance relative to the aspects of location, setting, design, materials, workmanship and association. Monitoring Committee. A subcommittee appointed by the Historic Preservation Commission of up to two (2) Commission members and the Historic Preservation Officer to provide oversight in the implementation of rehabilitation. Non - contributing Resource. A building, structure, site or object that does not add to the historic architectural qualities or historic associations for which a property or district is significant because it was not present during the period of significance or does not relate to the documented significance; or due to alterations, additions, disturbances or other changes, it no longer possesses historic integrity. Object. A term used to distinguish buildings and structures from those constructions that are primarily artistic in nature or small in scale and simply constructed. It may be by nature or design movable, but it is associated with a specific setting and environment. Rehabilitation. Making a building or structure sound and usable without attempting to restore it to a particular period appearance while retaining the character - defining features. Relocation. Moving a building or structure from its original, historically significant, or existing location to another location. Repair. To restore to a sound or good state after decay, dilapidation or partial destruction. 11 T Restore. The repair or re- creation of the original architectural elements or features of a historic property so that it resembles an appearance it had at some previous point in time. Significance. The documented itriportance of a property for its contribution to or representation of broad patterns of national, regional or local history, architecture, engineering, archaeology and culture. Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure. Structure. A term used to distinguish from buildings those functional constructions made for purposes other than creating human shelter. 26.415.030 Designation of Historic Properties The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City of Aspen, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. The Aspen Inventory of Historic Landmarks Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and objects located in Aspen that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. The location of properties listed on the Inventory are indicated on maps on file with the Community Development Department. B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will be evaluated according to the following criteria: 1. A property is deemed significant for its antiquity, in that it is: a. More than 100 years old; and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age or 2. A property constructed at least forty (40) years prior to the year in which the application for designation is being made that possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history; 12 b. People whose specific contribution to local, state, regional or national history is deemed important and be identified and documented; c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed Tess than forty (40) years prior to the year in which the application for designation is being made may be considered under subsection 2, above, if the application has been filed by the owner of the property at the time of designation or, when designating a historic district, the majority of the contributing resources in the district meet the forty (40) year age criterion described above. 4. The Commission shall adopt, maintain, and make available to the public guidelines, score sheets, and other devices to apply the criteria set forth in this Section to potentially eligible buildings, sites, structures or objects, or collections thereof. C. Application The property owner(s), the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a building, district, site, structure or object on the Aspen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property or collection of properties shall include the following: 1. The applicable information required in Section 26.304.030(B)(1),(2),(3) and (4). The application, if filed by the Community Development Director, the Commission, or City Council, shall include a statement verifying compliance with subsection 26.415.030(D)(1), and if notification has not been provided, an explanation by the Community Development Director of efforts made to comply with said subsection. 2. Site or historic district boundary map. 3. Property or district description including narrative text, photographs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character - defining features that distinguish the entity which should be preserved. D. Review, Public Hearings & Notice. 1. The Community Development Department shall maintain a database of all properties that contain a building, site, structure or object, or collection thereof that are 38 years or older. This database shall be available for public inspection during normal business hours. The Community Development Department shall review the list of all such buildings, sites, structures or objects, or collections thereof, and make an initial preliminary determination of their potential eligibility for designation on the Aspen Inventory of Historic Landmark Sites and 13 c J 1 Structures. The Community Development l'rector shall make a reasonable good faith effort to notify owners of property that are deemed potentially eligible for designation at least two years before any application for designation is filed without the consent of the owner. A good faith effort shall include personal contact with the owner, including a personal visit or telephone communication, or a certified letter sent to the owner at the address of the property and the address as listed with the County Assessor's Office. Owners of properties that are 40 years old or older on March 31, 2002, shall be notified in accordance with this subsection, at least six months before any application for designation is filed without the consent of the owner. Failure to comply with the notification provisions of this subsection shall not be deemed a prerequisite for designation of a building, site, structure or object, or collection thereof to the Aspen Inventory of Historic Landmark Sites and Structures. 2. An application for designation on the Aspen Inventory of Historic Landmark Sites and Structures will be transmitted to the Community Development Director to determine if the application is complete. For applications filed with sufficient information, a report will be prepared by City staff for transmittal to the HPC with the relevant information on the proposed historic property or district with a recommendation to approve or disapprove and the reasons for the recommendation. 3. A date for a public hearing on a complete application will be scheduled before the HPC. Notice of the hearing shall be provided according to the provisions of Section 26.304.060.E3 (a)(b)(c) except when the HPC or City Council is the applicant. When the HPC or City Council is the applicant, notice of the hearing will be mailed to the property owner(s) within 300 feet of the property and posted on the subject property for at least thirty (30) days prior to the hearing. Notice to the property owner shall be by registered mail. In the event that there is no evidence that the property owner received actual notice, the HPC may specify that additional measures be taken. 4. The HPC shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The HPC may recommend approval, disapproval or continuance of the application to request additional information necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. 5. Upon receipt of the decision, report and recommendations of the HPC, the City Council shall schedule a hearing on the application in accordance with the notice requirements for adopting an ordinance. Council shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an 14 0 opportunity to provide information about the property or district's eligibility for designation. The Council may approve, disapprove or continue the application to request additional information necessary to make a decision to approve or deny. 6. If an application is denied, the HPC or City Council may not file a reapplication for designation on the Aspen Inventory of Historic Landmark, Sites and Structures for five (5) years from the date of the City Council disapproval. 26.415.040 Recordation of Designation Upon the effective date of an ordinance by City Council designating a property on the Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance including a legal description of the property. The location of properties designated by ordinance also shall be indicated on the official maps of the City that are maintained by the Community Development Department. 26.415.050 Rescinding Designation A. Application and Review. An application for the removal of a property from the Aspen Inventory of Historic Landmark Sites and Structures shall follow the same submission requirements and review procedures as for designation described in this Chapter except that with respect to Section 26.415.030(C)(4) an explanation shall be provided describing why the property no longer meets the criteria for designation . The HPC and City Council shall determine if sufficient evidence exists that the property no longer meets the criteria for designation and, if so, shall remove the property from the Inventory. B. Reapplication. If a request for rescinding designation is denied, an application cannot be filed again for a period of two years from the date of the denial by the City Council. The time limitation of this subsection may be waived by a majority vote of the City Council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City of Aspen. 26.415.060 Effect of Designation A. Approvals Required Any development involving properties designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual building or located in a historic district, unless determined exempt, requires the approval of a Development Order and either a Certificate of No Negative Effect or a Certificate of Appropriateness before a building permit or any other work authorization will be issued by the City. B. Design Guidelines 1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen Historic Preservation Design Guidelines, in accordance with the procedures for notice and public hearings set forth in Section 26.304.060.E (3)(a). These guidelines set forth 15 the standards necessary to preserve and maintain the historic and architectural character of designated properties and districts. The standards apply to the exterior features and/or notable streetscape and landscape elements of the designated historic property and/or district. These guidelines are intended to offer assistance to property owners undertaking construction, rehabilitation, alterations, changes in exterior appearance or any other development involving designated historic properties or districts. The guidelines will be periodically reviewed by the HPC and amended at a public hearing, as needed. 2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on file with the Community Development Department, will be used in the review of requests of Certificates of No Negative Effect or Certificates of Appropriateness. Conformance with the applicable guidelines and the Common Development Review Procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work. C. Special Consideration 1. To preserve and maintain the historic and architectural character of designated properties, the HPC or City Council may approve variations from the dimensional requirements set forth in the Land Use Code and may make recommendations to the Chief Building Official who has the authority to grant certain exceptions from the Uniform Building Code (UBC) through the provisions of the Uniform Code for Building Conservation (UCBC). These modifications may not change the applicable safety and permit requirements and must also follow the procedures provided for modifications set forth in the UCBC. 2. Designated historic properties are eligible for and have priority to participate in City programs related to financial, developmental . or technical assistance that will serve to preserve, maintain or enhance their historic and architectural character. 3. All City authorities, including City Council, are authorized to grant economic and developmental benefits to designated historic properties or grant these benefits conditional upon the subsequent designation of the property. 26.415.070 Development involving Designated Historic Property No building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a Development Order. A. Exempt Development 1. Selected activities are exempted from the development review procedures including interior remodeling, paint color selection, exterior repainting or replastering similar to the existing finish or routine maintenance such as caulking, 16 replacement of fasteners, repair of window glazing or other such minimally intrusive work. 2. If there is any question if a work activity qualifies as exempt the Community Development Director shall make the determination as to its eligibility. 13. Certificate of No Negative Effect 1. An application for a Certificate of No Negative Effect may be made to the Community Development Director for approval of work that has no adverse effect on the physical appearance or character - defining features of a designated property. An application for a Certificate of No Effect may be approved by the Community Development Director with no further review if it meets the requirements set forth in the following Section 26.415.070 (B)(2): 2. The Community Development Director shall issue a Development Order based upon a Certificate of No Negative Effect within fourteen (14) days after receipt of a complete application if: a. It is determined that the activity is an eligible work item and meets the City of Aspen Historic Preservation Design Guidelines, and b. Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner /applicant, and c. The proposed work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property or historic district in which it is located. 3. An application for a Certificate of No Negative Effect shall include the following: a. The general application information required in Section 26.304.030. b. Elevations or drawings of the proposed work. c. Photographs, building material samples and other exhibits, as needed, to accurately depict location, extent and design of proposed work. d. Verification that the proposal complies with Section 26.410, Residential Design Standards. 4. The following work shall be considered for a Certificate of No Negative Effect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure. b. Replacement or repair of architectural features that restores the building or structure to its historic appearance. c. Installation of awnings, or similar attachments provided no significant feature is damaged, removed or obscured by the installation. d. Fencing that has no adverse effect on the historic or architectural character of the property. e. Mechanical equipment or accessory features that have no impact on the character- defming features of the building or structure. 17 0 f. Signs which have no effect on the character- defining features of the historic property. g. Alterations to non - contributing buildings within historic districts that have no adverse effect on its historic or architectural character. h. Alterations to no more than two elements of non - primary facades of a designated building. 5. The Development Order and associated Certificate of No Negative Effect shall expire and become null and void after three (3) years from the date of issuance by the Community Development Director unless a building permit is issued within that time. 6. In the event that the Community Development Director determines that the issuance a Certificate of No Negative Effect is not appropriate, the owner may apply for a Certificate of Appropriateness from the I-IPC. C. Certificate of Appropriateness for a Minor Development 1. The review and decision on the issuance of a Certificate of Appropriateness for Minor Development shall begin with a determination by the Community Development Director that the proposed project constitutes a Minor Development. Minor Development work includes: a. Expansion or erection of a structure wherein the increase of the floor area of the structure is two hundred and fifty (250) square feet or less, or b. Alterations to a building facade, windows, doors, roof planes or material, exterior wall materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or fewer elements are affected and the work does not qualify for a Certificate of No Negative Effect, or c. Erection or installation of a combination or multiples of awning, canopies, mechanical equipment, fencing, signs, accessory features and other attachments to designated properties such that the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect, or d. Alterations that are made to non - historic portions of a designated historic property that do not qualify for a Certificate of No Negative Effect, or e. The erection of street furniture, signs, public art and other visible improvements within designated historic districts of a magnitude or in numbers such that the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect. The Community Development Director may determine that an application for work on a designated historic property involving multiple categories of Minor Development may result in the cumulative impact such that it is considered a Major Development. In such cases, the applicant shall apply for a Major development review in accordance with Section 26.415.070 (D). 2. An application for Minor Development shall include the following: a. The general application information required in Section 26.304.030. 18 ,) b. Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. c. An accurate representation of all building materials and finishes to be used in the development d. Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. e. Verification that the proposal complies with Section 26.410, Residential Design Standards, or a written request for a variance from any standard that is not being met. 3. The procedures for the review of Minor Development projects are as follows: a. The Community Development Director will review the application materials and if they are determined to be complete, schedule a public hearing before the HPC. The subject property shall be posted pursuant to Section 2 6.304.060(E)(3)(b). b. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. c. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. d. The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. D. Certificate of Appropriateness for Major Development 1. The review and decision on the issuance of a Certificate of Appropriateness for Major Development shall begin with a determination by the Community Development Director that the proposed project constitutes a Major Development. A Major Development includes one or more of the following activities: a. The construction of a new structure within a historic district; and/or b. Alterations to more than three (3) elements of a building facade including its windows, doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase, balcony or ornamental trim; and/or c. The expansion of a building increasing the floor area by more than two hundred and fifty (250) square feet; and/or d. Any new development that has not been determined to be Minor Development. 19 0 2. The procedures for the review of Major Development projects include a two -step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. If a Major Development project involves additional City Land Use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Section 26.304.060 (B). 3. Conceptual Development Plan Review a. An application for a Conceptual Development Plan shall include the following: • 1. The general application information required in Section 26.304.030. 2. A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics. 3. Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. 4. Preliminary selection of primary building materials to be used in construction represented by samples and/or photographs. 5. Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at least one (1) of the following: diagrams, maps, photographs, models or streetscape elevations. 6. Verification that the proposal complies with Section 26.410, Residential Design Standards, or a written request for a variance from any standard that is not being met. b. The procedures for the review of Conceptual Development Plans for Major Development projects are as follows: 1.The Community Development Director shall review the application materials submitted for Conceptual or Final Development Plan approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Section 26.304.060(E)(3)(a),(b), and (c). 2. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 3. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. 20 c c. The effect of approval of a Conceptual Development Plan is as follows: 1. Approval of a Conceptual Development Plan shall not constitute final approval of a Major Development project or permission to proceed with the development. Such authorization shall only constitute authorization to proceed with the preparation of an application for a Final Development Plan. 2. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. If the applicant chooses to makes substantial amendments to the Conceptual Design after it has been approved, a new Conceptual Development Plan hearing shall be required. 3. Unless otherwise specified in the Resolution granting Conceptual Development Plan approval, a development application for a Final Development Plan shall be submitted within one (I) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one -time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 4. Final Development Plan Review a. An application for a Final Development Plan shall include: 1. The general application information required in Section 26.304.030. 2. Final drawings of all proposed structures(s) and/or addition(s) included as part of the development at' " = 1.0' scale. 3. An accurate representation of all major building materials to be used in the development, depicted through samples or photographs. 4. A statement, including narrative text or graphics, indicating how the Final Development Plan conforms to representations made or stipulations placed as a condition of the approval of the Conceptual Development Plan. b. The procedures for the review of Final Development Plans for Major Development projects are as follows: 1.The Community Development Director shall review the application materials submitted for Final Development Plan approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. Notice of the 21 0 hearing shall be provided pursuant to Section 26.304.060(E)(3)(a),(b) and (c). 2. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 3. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. 4. A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.130 and no permit will be issued for construction of the project until the thirty (30) day "call up" period by City Council has expired. 5. Before an application for a building permit can be submitted, a final set of plans reflecting any or all required changes by the HPC or City Council must be on file with the City. Any conditions of approval or outstanding issues which must be addressed in the field or at a later time shall be noted on the plans. E. Amendments, Insubstantial and Substantial There are two processes for amending plans approved pursuant to a Development Order and an associated Certificate of Appropriateness. All requests for amendments, insubstantial or substantial, must be in writing and accompanied by drawing(s) and elevations as specified below. 1. Insubstantial Amendments. a. Insubstantial amendments are minor modifications to HPC approved plans that: 1. Address circumstances discovered in the course of construction that could not have been reasonably anticipated during the approval process, or 2. Are necessary for conformance with building safety or accessibility codes and do not materially change the approved plans, or 3. Approve specific building materials, finishes, design of ornamental trim and other such detail not provided in the HPC approved plans, or 4.Change the shape, location or material of a building element or feature but maintains the same quality and approximate appearance of that found in the approved plans. b. The Community Development Director may authorize insubstantial amendments to approved plans. 22 0 A� c. Monitoring Committees established by the I-IPC, composed of up to two members of the Commission and the Historic Preservation Officer or assign, may also authorize insubstantial amendments. d. Decisions of the Community Development Director or Monitoring Committee are binding. The Community Development Director or Monitoring Committee may determine that the proposed changes qualify as a substantial amendment and remand the matter to the HPC. e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC to be considered in accordance with the procedures for substantial amendments. f. Approval of insubstantial amendments of plans will be reported to the HPC at their regularly scheduled meetings. 2. Substantial Amendments a. All changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment. b. An application for a substantial amendment shall include the following materials, as determined appropriate by the Community Development Director: 1. A revised site plan. 2. Revised scaled elevations and drawings. 3. Representations of building materials and finishes. 4. Photographs and other exhibits to illustrate the proposed changes. c. The Community Development Director shall review the application materials submitted for approval of a substantial amendment and waive any submittals not considered necessary for consideration. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. d. Notice for the review of an application for a substantial amendment will include publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b)(c). e. Staff shall review the submittal material and prepare a report that analyzes the extent of the changes relative to the approved plans and how the proposed revisions affect the project's conformance with the design guidelines and other applicable Land Use codes. This report will be transmitted to the HPC with relevant information on the proposed revisions and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. f. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. 26.415.080 Demolition of Designated Historic Properties 23 0 It is the intent of this ordinance to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently no demolition of properties designated on the Aspen Inventory of Historic Landmark Sites and Structures will be allowed unless approved by the HPC in accordance with the standards set forth in this section. A. Procedures for Considering Requests for Demolition of Designated Properties. 1. An application for a demolition permit for designated properties will be filed with or referred to the Community Development Director by the Chief Building Official. The applicant will be provided a written response within fourteen (14) days of the request for a demolition permit describing the submittal materials needed for consideration. 2. An application for demolition approval shall include: a. The general application information requested in Section 26.304.030 and written documentation that the Chief Building Official has determined the building an imminent hazard, or b. Narrative text, graphic illustrations or other exhibits that provide evidence that the building, structure or object is of no historic or architectural value or importance. 3. When complete application materials are on file, a public hearing before the HPC shall be scheduled. Notice for the hearing will include publication, mailing and posting pursuant to Section 26.304.060 (E)(3)(a)(b) and (c). The staff shall review the submittal material and prepare a staff report that analyzes the request relative to the criteria for approval. 4. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met: Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner /applicant is unable to make the needed repairs in a timely manner, or b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, or c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: 24 ✓ Y iod a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and d. Demolition of the structure will be inconsequential to the historic preservation needs of the area. 5. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to consider the demolition request. 6. If the HPC approves the demolition request then a resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.120 and no demolition permit will be issued until the thirty (30) day "call up" period by City Council has expired. 7. If the demolition request is denied because it does not meet the aforementioned standards, the applicant may request demolition approval based upon a finding of "Economic Hardship," as set forth below. 8. Before a demolition permit will be issued, a Certificate of Appropriateness for the redevelopment or reuse plan, as provided for in Section 26.415.070(D), must be approved. When a demolition permit must be issued because the building, structure or object is an imminent hazard, or because of the issuance of a Certificate of Economic Hardship, the permit may be received prior to the approval of an acceptable reuse plan. 13. Procedures for Obtaining a Certificate of Economic Hardship 1. Purpose: It is the policy of the City of Aspen to respect private property rights. The City recognizes, therefore, that there may be some circumstances in which the operation of this ordinance could create an undue economic hardship. This provision is created to provide property owners with a means of demonstrating that such a hardship may exist, and that they should be allowed to demolish a designated historic property because of that hardship. It is the intent of this provision to insure that no private property is taken without just compensation. 2. Standard of Review The standard of review for a determination of economic hardship will be whether refusing to allow the property owner to demolish the property would result in a violation of the prohibitions of the U.S. and Colorado Constitutions against taking of private property for public use without just compensation as those prohibitions are interpreted by the courts of Colorado and the United States. In applying the standards the economic benefits of financial, developmental and technical assistance from the City and the utilization of any federal and state rehabilitation tax credit programs may be considered. 3. Application: 25 b. Upon receiving a request for a Certificate of Economic Hardship, the Community Development Director shall provide a written response within fourteen (14) days as to the submittal materials required. c. Within five (5) days after receipt of an application for a Certificate of Economic Hardship, the Community Development Director shall determine whether the application is complete. If he or she determines that the application is not complete, the Director shall notify the applicant in writing of the deficiencies. The Director shall take no further steps to process the application until the deficiencies have been remedied. d. The application fee shall be set to defray all costs of the review process, including the fees of an independent hearing officer. 4. Administrative Process: a. When the application is complete, the Community Development Director will refer the application to the Historic Preservation Officer and the City Attorney for review. The Historic Preservation Officer and City Attorney shall jointly prepare a report setting forth the City's response. b. In the event the City response concludes that the application does not demonstrate a case of economic hardship, the application will be set for a public hearing before a hearing officer. c. The hearing officer will be contracted by the City to conduct an impartial quasi - judicial hearing on the question of economic hardship. The Officer shall have sufficient legal and technical experience to conduct a fair hearing in accordance with appropriate standards of due process. The application, all support materials and the City's report shall be provided to the Hearing Officer in advance of the hearing. At the hearing, the applicant will be provided with an opportunity to present his application, and may be represented by counsel. The City position will be presented by the City Attorney. 5. Appeal: An applicant may appeal the decision of the hearing officer to District Court pursuant to Rule 106 of the Colorado Rules of Civil Procedure. C. Procedures for Considering Request for Demolition of Properties Under Consideration for Designation. While it is the intent of this ordinance to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. 1. No demolition will be permitted for properties under consideration for designation to the Aspen Inventory of Historic Landmark Sites and Structures 26 unless demolition approval is issued by the Historic Preservation Commission or City Council. 2. All properties under consideration for designation and, therefore, subject to the temporary stay of demolition will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. 3. These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. 4. If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will expire. An additional six -month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.090 Relocation of Designated Properties The intent of this ordinance is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. A. Application An application for relocation shall include: 1. The general application information required in Section 26.304.030. 2. A written description and/or graphic illustrations of the building, structure or object proposed for relocation. 3. A written explanation of the type of relocation requested (temporary, on -site or off -site) and justification for the need for relocation. 4. A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the physical move and its rehabilitation needs, once relocated. 5. A conceptual plan for the receiving site providing preliminary information on the property boundaries, existing improvements and site characteristics and the associated planned improvements. 6. If the applicant does not own the receiving site, proof from the site's property owner of the willingness to accept the relocated building, structure or object. 7. Evidence that the applicant has or is seeking the necessary approvals to place the building on the identified receiving site. If the site is outside of the City limits, verification that the building will be preserved on its new site through a formal action of the other jurisdiction or a preservation easement. 27 0 5. A conceptual plan for the receiving site providing preliminary information on the property boundaries, existing improvements and site characteristics and the associated planned improvements. 6. If the applicant does not own the receiving site, proof from the site's property owner of the willingness to accept the relocated building, structure or object. 7. Evidence that the applicant has or is seeking the necessary approvals to place the building on the identified receiving site. If the site is outside of the City limits, verification that the building will be preserved on its new site through a formal action of the other jurisdiction or a preservation easement. 8. Evidence of the financial ability to undertake the safe relocation, preservation and repair of the building, structure or object; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate. 9. Supplementary materials to provide an understanding of the larger context for the relocated property and its impact on adjacent properties, the neighborhood or streetscape. B. Procedures for the Review of Relocation Request 1. The Community Development Director shall review the application materials submitted for relocation approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. 2. Notice for the review of the Relocation Request shall include publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b) and (c). 3. If the relocation request is part of a Major Development project, the Community Development Director may consolidate or modify the review process accordingly pursuant to Section 26.304.060 (B). 4. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the Standards for Relocation approval set forth below, the City of Aspen Historic Preservation Design Guidelines and other applicable Land Use code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine if the standards for relocation have been met. 5. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. 6. A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up" period of the City Council has expired. C. Standards for the Relocation of Designated Properties Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 28 originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally. for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; armed 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. D. Procedures for Considering Request for Relocation of Properties Under Consideration for Designation. While it is the intent of this ordinance to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. 1. No relocation will be permitted for properties under consideration for designation to the Aspen Inventory of Historic Landmark Sites and Structures unless relocation approval is issued by the Historic Preservation Commission or City Council. 2. All properties under consideration for designation and, therefore, subject to the temporary stay of relocation will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. 3. These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. 4. If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will expire. An additional six -month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.100 Demolition by Neglect It is the intent of this ordinance to address the range of circumstances that affect the preservation of the community's significant historic and architectural resources. It is further recognized that many historic buildings and structures are lost because of deterioration from lack of maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is the same: the loss of community assets. Consequently, it 29 1. It is considered a non - contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. D. Procedures for Considering Request for Relocation of Properties Under Consideration for Designation. While it is the intent of this ordinance to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. A. No relocation will be permitted for properties under consideration for designation to the Aspen Inventory of Historic Landmark Sites and Structures unless relocation approval is issued by the Historic Preservation Commission or City Council. B. All properties under consideration for designation and, therefore, subject to the temporary stay of relocation will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. C. These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. D. If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will 29 r expire. An additional six -month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.100 Demolition by Neglect It is the intent of this ordinance to address the range of circumstances that affect the preservation of the community's significant historic and architectural resources. It is further recognized that many historic buildings and structures are lost because of deterioration from lack of maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is the same: the loss of community assets. Consequently, it is declared that the exterior features of any designated building or structure shall be preserved against decay and deterioration and kept free from structural defects. The designated structures shall receive reasonable care, maintenance and upkeep appropriate for their preservation, protection, perpetuation and use. A. Standards for Reasonable Care and Upkeep 1. The owner, or such other person who may have legal possession, custody, and control thereof of a designated property shall, upon written request by the City, repair the following exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration such that it is likely to compromise the building's structural integrity or as to create or permit the creation of any hazardous or unsafe condition to life, health or other property. These features include, but are not limited to: a. Deterioration of exterior walls, foundations, or other vertical supports that causes leaning, sagging, splitting, listing, or buckling. b. Deterioration of flooring or floor supports, or other horizontal members that causes leaning, sagging, splitting, listing or buckling. c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or buckling. d. Deterioration or crumbling of exterior plasters or mortars. e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors. f. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint or weathering due to lack of paint or other protective covering. g. Rotting, holes and other forms of decay. h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornamental trim and other architectural details that cause delamination, instability, loss of shape and form or crumbling. B. Enforcement Procedures 1. The HPC may file a petition listing specific defects, in accordance with Section 26.415.110 (A), with the Chief Building Official, requesting that the official act 30 k� under the following procedures to require the correction of the defects or repairs to designated properties. 2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct personal contact with the owner or other such persons having legal possession, or custody and/or his representative. If personal contact cannot reasonably be accomplished, then written notification of the specific defects purported by the HPC and a request to inspect the property within 10 days will be mailed to the owner and other such persons having legal possession, custody and control and will be posted at a conspicuous location appropriate to the identified defects. In the written notification the Chief Building Official shall document the nature of the specific defects and the corrective action ordered. 3. After receiving agreement from the owner, his representatives or other such persons having legal possession, custody and control of the property for an inspection, the Chief Building Official and the HP Officer shall within ten (10) working days conduct an investigation and prepare a written report determining whether the property requires work to address conditions set forth in Section 26.415.100 (A)(1). 4. If the property is found to contain conditions needing correction, the owner, his representative or other such persons having legal possession, custody and control of the property will be served within fourteen (14) days with a complaint identifying the property deficiencies and providing notice that a hearing will be held before a Hearing Officer of the City within forty-five (45) days. The purpose of the hearing is to: a. Receive evidence concerning the charge of deterioration, and b. Develop a plan and schedule for making the needed repairs in a timely fashion, such that the building is stabilized and the deterioration is arrested, and c. Ascertain whether the owner or other parties intend to make application for financial assistance from the City to correct the building defects. 5. Following such notice and hearing, the Hearing Officer will make a determination if there are any corrections required pursuant to Section 26.415.110 (A)(1) and shall state in writing the findings of fact in support of that determination. If it is determined that the building or structure is undergoing deterioration or if its condition is contributing to deterioration, the owner or other parties of interest will be served an order to repair those defective elements of the structure within a reasonable specified time frame. 6. If the owner fails to make the necessary repairs within the identified time frame, the City may undertake the work to correct the deficiencies that create any hazardous and unsafe conditions to life, health and property. The expense of this work will be recorded as a lien on the property. C. Appeal Within 30 days, the owner may appeal the decision of the Hearing Officer to the Board of Appeals and Examiners pursuant to the process established in Section 8.08 of the Aspen Municipal Code. 31 3 26.415.110 Benefits The City of Aspen is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. A complete list of benefits available to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may be found in Section 26.420. A. Historic Landmark Lot Split This provision provides an exemption from the Subdivision and Growth Management Quota System, pursuant to 26.480.030 and 26.470.070, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. 1. An application for a lot split of a designated historic property may be filed by the owner by providing the standard information required in Section 26.304. 2. The procedure for the review of a historic lot split application is a two -step process including a public hearing before the HPC and the City Council. Notice for these hearings includes publication, mailing and posting pursuant to Section 26.304.060 (E)(3) (a)(b) and (c). 3. Staff will review the submittal material and prepare a report with relevant information and a recommendation to continue, approve, approve with conditions or disprove and the reason for the recommendation. 4. The HPC may approve a resolution, recommending that City Council approve, approve with conditions or disapprove the application. 5. The City Council may, by ordinance, approve, approve with conditions or disapprove the application. 13. Variances Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. I . The HPC may grant variances of the Land Use code for designated properties to allow: a. Development in the side, rear and front setbacks; b. Development that does not meet the minimum distance requirements between buildings; c. Up to five (5) percent additional site coverage; d. Less open space than required for the on -site relocation of commercial historic properties. • 2. In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or 32 c b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. C. Parking Parking reductions are permitted for designated historic properties on sites unable to contain the number of on -site parking spaces required by the underlying zoning. Commercial designated historic properties may receive waivers of payment -in -lieu fees for parking reductions. 1. The parking reduction and waiver of payment -in -liue fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. D. Conditional Uses A variety of conditional uses are allowed for designated historic properties. These uses are identified in Section 26.710. 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; and 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 and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to 33 0 Section 26.415.070(D). 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. E. Exemption from Growth Management Quota System Requirements Certain types of development on designated historic properties are exempt from the Growth Management Quota System and have reduced impact mitigation requirements. Refer to Section 26.470(C) and (D) for further information. F. Waiver of Fees Designated historic properties may apply for the waiver of various City fees if it can be demonstrated the waiver shall assist in the preservation of the designated historic property. 26.415.120 Appeals, Notice to City Council and Call Up A. Appeal Any action by the HPC in approving, approving with conditions or disapproving a development order and an associated Certificate of Appropriateness for Major Development, Demolition Approval, or Relocation Approval may be appealed to the City Council by the applicant or a property owner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. B. Notice to City Council Following the adoption of a resolution approving, approving with conditions or disapproving a development application for a Certificate of Appropriateness for Major Development, Demolition Approval or Relocation Approval of a designated property, the HPC shall promptly notify the City Council of its action to allow the City Council an opportunity to avail itself of the Call Up procedure set forth in Section 26.415.120(C) and (D). C. Call Up The City Council may order Call Up of any action taken by the HPC as described in Section 26.415.070 within thirty (30) days of the decision, action or determination. Consequently no associated permits can be issued during the 30 -day call up period. D. City Council Action on Appeal or Call Up The City Council shall consider the application on the record established before the HPC. The City Council shall affirm the decision of the HPC unless there is a finding that there was a denial of due process, or the HPC has exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including, but not limited to: 1. Reversing the decision, 2. Altering the conditions of approval, 3. Remanding the application to the HPC for rehearing. 34 The Chair, Vice -Chair or a member of the HPC shall be present at the appeal hearing. 26.415.130 Variances by other City Review Bodies If an application for a variance involving a designated property is before the Board of Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to make a written recommendation as to its approval. The Board of Adjustment or the Planning and Zoning Commission will not take action on said development application for a variance pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. 26.415.140 Penalties Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject to the general penalty provisions of this Title. A. Additional Penalties Additional penalties for the violation of Sections 26.415.070 through 26.415.100 include: 1. Any person who constructs, alters, relocates, changes the appearance or demolishes a designated property in violation of any section may be required to restore the building, structure or setting to its appearance prior to the violation. 2. Following notice and public hearing, the HPC shall prohibit the owner, successor, or assigns from obtaining a building permit for the subject property for a period of up to ten (10) years from the date of the violation. The City shall initiate proceedings to place a deed restriction on the property to ensure enforcement of this penalty. The property owner shall be required to maintain the property during that period of time in conformance with the Standards for Reasonable Care and Upkeep set forth in Section 26.415.100(A). 3. Any variances or historic preservation benefits previously granted to the property may be subject to revocation. Section 8: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals Section 26.420 of the Aspen Municipal Code in its entirety. Section 9: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.430.040 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.430.040 Review standards for special review. 35 D. Increase of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1. A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent of the additional floor area intended for other uses. 2. The development complies with the dimensional requirements criteria of Section 26.430.040(A) above. 3. For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, the affordable housing portion of the additional floor area may be provided either off -site or via a cash -in -lieu payment, if the following criteria are met: a. In order to ensure the addition is compatible with the historic structure in terms of design, scale, site plan, massing, or volume, on -site affordable housing mitigation is undesirable. b. Any off site affordable housing mitigation is provided at a level meeting or exceeding the provisions of Section 26.470.070(D)(5). c. The amount of non - affordable housing floor area does not exceed forty (40) percent of the additional Floor Area Ratio allowed by Special Review. Section 10: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.470 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.470.070 Exemptions A. Remodeling, restoration, or reconstruction of existing buildings 3. Replacement of structures listed on the Aspen Inventory of Historic Landmark Sites and Structures. A structure included on the Aspen Inventory of Historic Landmark Sites and Structures may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for a replacement structure on its original site to be exempted from the growth management competition and scoring procedures, provided that the structure is designated on the Aspen Inventory of Historic Landmark Sites and Structures in its new location and all necessary development approvals are obtained from HPC and the Planning and Zoning Commission. 26.470.070(C) and (D) 36 C. Historic Landmark Lot Split. The construction of each new single - family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(A)(4). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. D. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 1. Change of use. The change of use of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures that does not increase the building's existing floor area ratio shall be exempt. This exemption shall not be deducted from the respective annual development allotments or from the Aspen Metro Area development ceilings. Exemption review is by the Community Development Director. 2. Enlargements for additional dwelling and tourist accommodations units. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures that develops, on a maximum cumulative basis: (a) not more than one residential dwelling or three hotel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units. This exemption shall be deducted from the respective annual development allotments and from the Aspen Metro Area development. Exemption review is by the Community Development Director. (b) more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. 3. Enlargement for use as a commercial or office development. a. No increase in FAR or net leasable square footage. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures intended to be used as a commercial or office development which does not increase either the building's existing floor area ratio or its net leasable square footage; or (2) The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both, shall be exempt. Review is by the Community Development Director. 37 C 3 b. Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Growth Management Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. Upon a recommendation from the Growth Management Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. 4. Enlargements for mixed -use development. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. 5. Standards for exemptions for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. To be eligible for the exemptions of sub - Sections (2)(b), (3 )(b) and (4) above, the applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (a) Affordable housing. (1) For an enlargement to the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the applicant shall provide affordable housing at one hundred (100) percent of the level that would meet the threshold required in Section 26.470.080(C)(5) for the applicable use. For each one percent reduction in floor area below the maximum permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent. (2) The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. (3) Any affordable housing provided by the applicant shall be restricted to the housing designee's Category 3 price and income guidelines, as set forth 38 in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Any affordable housing shall comply with the standards for affordable housing set forth in the Aspen/Pitkin County Housing Guidelines. (b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if the Historic - Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Chapter 26.415, if applicable. Any parking that cannot be located on -site and that would therefore be required to be provided via a cash -in -lieu payment shall be waived. (c) Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Growth Management Commission. (d) Compatibility. The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area. 26.470.090(B)(4) Growth management scoring criteria- Residential and Tourist Accommodations, Scoring 4. Maintainingdesin quality, historic compatibility and community character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well -being and cultural heritage. Public architecture should support and enhance community life. The goal of this sub - Section is to ensure the maintenance of community character through design quality and compatibility with historic features. There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. restoring properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; b. improving and maintaining the appearance and function of alleys for commercial, office and residential uses; 39 c. ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; d. including porches or other "pedestrian- friendly" features; e. retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; ensuring the site's usability for social activities. Section 11: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.480.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.480.030 Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single - family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.480.030(A)(2) and (4), section 26.470.070(C), and section 26.415.120(A) of this Code, and the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF, or 0 zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R -6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel 40 created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R -6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Section 12: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.500.050 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.500.050 Procedure. B. City Council Determination of Eligibility. Following a public hearing in accordance with Section 26.304.060(C), the City Council shall by resolution (a) make a determination whether the proposed development is reasonably necessary for the convenience and welfare of the public by applying the standards of Section 26.500.040; (b) establish a procedure for review of the proposed project to include standards of review; (c) establish a Task Force Team to review the development proposal and identify members of City boards, commissions, and other interested parties, (including at least two (2) members of the public at large) to be included as members of the Task Force Team, which shall include representation by the Planning and Zoning Commission; and, (d) establish a timeframe for the procedures to be used to review the proposed development. If the proposed project proposes development subject to Chapter 26.415, Development involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District, the City Council shall include in the review procedures the requirement for an application for review of the eligible project to the Historic Preservation Commission in accordance with the applicable sections of the Land Use Code. The City Council may, in appropriate circumstances, include as part of the review process it adopts a separate referral to the Planning and Zoning Commission, or any other City board and commission for their separate review and recommendation. Should the City Council determine that the proposed development is not reasonably necessary for the convenience and welfare of the public, the application shall be reviewed in accordance with the applicable sections of this Land Use Code. The City Council may amend the resolution at any time upon the request of the applicant, the Community Development Director, or upon its own motion. Section 13: 41 i 3 Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.510.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.510.030 Procedure for sign permit approvaL B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 9. Historic designation. Signs placed on a historic building identifying the structure as a property Listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. Section 14: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.515.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.515.030 Required number of off - street parking spaces. The off - street parking spaces established below shall be provided for each use in the zone district. Whenever the off - street parking is subject to establishment by adoption of a Planned Unit Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development. Whenever the parking requirement is subject to special review or may be provided via a payment in Lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the standards set forth at Section 26.515.040, below. Uses Zone District Lodge Residential All Others R6 Special Review * Special Review RI5 Special Review * Special Review R -15A N/A * Special Review R -15B N/A * N/A R -30 N/A * Special Review R -MF Special Review * Special Review MHP N/A * Special Review 42 i rk � J AH/PUD N/A ** N/A RR N/A * Special Review CC 0.7 space/bedroom, * 2 spaces/1,000 sq. ft. of may be provided via net leasable area, may payment -in -lieu be provided via payment -in -lieu C -1 N/A * 1.5 spaces /1,000 sq.ft. of net leasable area, may be provided via payment -in -lieu S /C/I N/A * Fewer spaces may be All other uses: 1.5 provided pursuant to spaces/1,000 square chapter 26.425, feet of net leasable area Conditional Use unless otherwise Review. established through Special Review pursuant to Chapter 26.430. NC N/A * 4 spaces/1,000 sq.ft. of net leasable area 0 N/A * 3 spaces /1,000 square feet of net leasable area fewer spaces may be provided by via payment -in -lieu, but no fewer than 1.5 space /1,000 square feet of net leasable area on -site. L/TR 0.7 space/bedroom, * 4 spaces/1,000 sq.ft. of which 0.2 net leasable area, may space/bedroom may be be provided via provided via payment- payment -in -lieu. in -lieu. CL 0.7 space/bedroom, * 2 spaces /1,000 sq.ft. of which 0.2 net leasable area which space/bedroom may be may be provided via provided via payment- payment -in -lieu. in -lieu. LP 1 space/bedroom * 4 spaces /1,000 sq.ft. of net leasable area. C N/A * Special Review A N/A * Special Review P 1 space/bedroom * Special Review 43 ` 0 a �J PUB N/A * Special Review Transportation N/A * Underlying Zone Overlay District Drainage N/A N/A Underlying Zone Overlay District Golf Course Underlying Zone N/A Underlying Zone Support District District Lodge 1 space/bedroom * Underlying Zone District LP Overlay 0.7 spaces/bedroom *, unless otherwise 4 spaces/1000 square unless otherwise established pursuant to feet of net leasable established pursuant to Section 26.445, area, unless otherwise Section 26.445, Planned Unit established pursuant to Planned Unit Development. Section 26.445, Development. Planned Unit Development. *For single - family and duplex residential use and multi- family use: two (2) spaces/dwelling unit. Fewer spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only. One (1) space /dwelling unit is required if the unit is either a studio or one - bedroom unit. * * Residential uses in AH/PUD are established by special review in accordance with Chapter 26.430. The maximum number of parking spaces required shall not exceed two (2) spaces /dwelling unit for free market units. Parking spaces shall not exceed one (1) space/bedroom or two (2) spaces/dwelling unit, whichever is less for the affordable housing units. Parking reductions for all uses, in all zone districts, are permitted for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures that are unable to contain the number of on -site parking spaces required by the underlying zoning upon a finding by HPC pursuant to Section 26.415.120(C)(1). Commercial designated historic properties may receive waivers of payment -in -lieu fees for parking reductions. Section 15: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.520.080 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.520.080 Procedure. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). 44 r^^ r, Review is by the Planning and Zoning Commission. If the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. Section 16: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.030 Open Space. A. Standards for open space. Development which is required to provide open space shall comply with the following provisions: 11. Trellis structures within required open space shall only be proposed in conjunction with commercial restaurant uses on properties listed on the Aspen Inventory of Historic Landmark Sites and Structures or within (H) Historic overlay zones and must be approved by the Historic Preservation Commission pursuant to review requirements contained in Chapter 26.415 and the Community Development Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as floor area or a reduction in open space on the parcel. B. Reduction of required open space in the Commercial Core (CC) zone district. The Commercial Core (CC) zone district requires that building sites within the zone district provide at least 25% of open space, unless the Planning and Zoning Commission, by special review (See Chapter 26.430), approves a reduction. A reduction of the required open space may be approved by the Planning and Zoning Commission only if: 1. The applicant demonstrates that the provision of less than the required amount of open space on -site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the standard. In making this finding, the Planning and Zoning Commission may consider the following: a. It may be appropriate to have open space on the site when the building is located on a street comer. b. The open space can be linked to neighboring pedestrian amenities. 45 0 c. The open space provides relief intended to maintain the prominence of an adjacent property listed on the Aspen Inventory of Historic Landmark Sites and Structures. Section 17: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.120 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.120 Satellite dish antennas. A. Satellite dish antennas twenty -four (24) inches in diameter or more must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas greater than twenty -four (24) inches in diameter shall be reviewed and approved by the Community Development Director in conformance with the following criteria Any satellite dishes installed on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an "H," Historic Overlay District shall be reviewed according to Chapter 26.415.070.B. Section 18: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.130 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.130 Wireless Telecommunication Services Facilities and Equipment. C. Procedure. Pursuant to Section 26.304.020, the applicant shall conduct a pre - application conference with staff of the Community Development Department. The planner shall then prepare a pre - application summary describing the submission requirements and any other pertinent land use material, the fees associated with the review(s), and the review process in general. After the pre - application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a Development Order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to insure conformance with applicable review criteria. If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of 46 c approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. Proposals for the location of wireless telecommunication services facilities or equipment on any property listed on the Aspen Inventory of Historic Landmark Sites and Structures or within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. E. General Provisions and Requirements. The following provisions apply to all wireless telecommunication services facilities and equipment applications, sites, and uses. 5. Historic Sites and Structures. In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter shall apply when wireless telecommunication services facilities and equipment are proposed on any historic site or structure, or within any historic district. Section 19: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.610.020 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.610.020 Applicability. Park development impact fees shall be assessed upon all development in the City of Aspen which creates additional bedrooms in residential dwellings, lodges, hotels, bed and breakfasts, boardinghouses, roominghouses or dormitories and on all development which creates additional commercial or office space. Park development impact fees shall not be assessed upon the following: A. Alteration or expansion of a structure which does not create any additional bedrooms. B. The replacement of a partially or totally destroyed structure which does not create any additional bedrooms. 47 C. Development of essential community facilities. D. Affordable housing subject to Affordable Housing Guidelines. E. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. F. Re- subdivision of land, if a park development impact fee or a fee similar thereto was assessed by the City of Aspen and collected at the time of the initial subdivision, unless the re- subdivision shall be for the purpose of additional development, in which case the fee shall be assessed upon any additional bedrooms or commercial or office space permitted by the re- subdivision. Section 20: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.710 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.710.040 Medium - Density Residential (R-6). C. Conditional uses. The following uses are permitted as conditional uses in the Medium - Density Residential (R -6) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park or open use recreation site; 2. Public or private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: bed and breakfast; boardinghouse; and two (2) detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet. 48 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Medium - Density Residential (R -6) zone district: 1. Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 6,000 b. Duplex: A duplex may be developed on a lot of' 8,000 square feet that was subdivided as of April 28, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures , in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3,000 square feet per unit. c. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 30. 10. External floor area ratio (applies to conforming and nonconforming lots of record): w r 4 1 ' . !I ' ' Ir ' ' r F I ij I I �II' � I I I �i I �� I " M p n r r1 4 r ' L' :'. I r II F r I I 1 i at I: r I 1 t 1 Iili M1 i� l r rY ■ t 11 i 'hi' ig .I 1 I: r I'!F I I III r I I . r �� u t a� r I � � ' . �.' .hr' '"rlr.l. k :`I � ti t 49 0 0 i t f IJ .' i t } i i aitt,i i 4 , 4 71 _ h, 1 the Aspen property is listed on *Total external floor ar ea ratio for two detached e feet when the p fl or area allowe d for one 9,000 square exceed the o between 6,000 and and Structures shall not ex f detached resi dential on a lot f two residential dwellings or a duplex ' toric Sites an floor area allow ed ll dwe ing. shall not exceed the sh no detached residential e feet or greater Inventory of His detac dwellings on a external floor area 0 4.1 " lot of 9,000 square for one duplex. Duplex riiii I e1t111 4 1 I- '' , 1 '4 , 1 k - 1 - 1 h ' ' [ • 14,- : II ' 1' -11 11 . ' 1111 E 1 - ' -41 I L 't 144_. k 1 1' r 1 1 ' I I 14 4 m 1 ' 12 15'1114154' . V, ri 1 , 4 -41 hi ,t - , '''. T - Ji lik -1,1 ILI, ,it ' I - tilr 1 11 1 g 1 s —Th , ' 11 1 - ' il ', 1;1 "t41311 , -' • Fk , .1 if ,,tik 1 11 1141111 "` 1 , ' F " t k k - 1 , I q *F21't '—'4,', 11 ;II 1 1,' It r 1 1 1 -, . I - . F. l i 1 1'141 " I u,S 1 1 ' E 1 11 '; 1.-11- '. [iitF tikki, 'IP' - 1 ' , , 1 " 1 , 11 i , . LI. ' . , „; ' -- , T. I — ,'.1 ' , 1, E 1 4 1 , a % ' 41, rii ' t'r t , t 1 1 i ' 11 ,Ti.., , 1 1 ,1 ...,- 1 , cri, ri ' ' ' --4 R I r ' ',I r 11 r 1 ki L t.,' '', 4 k. 9' 141 - P 111411 04 11:4 H 4 4" 14 ' 1 1 11 ' 1 - 1 50 A r �"h V, 7 ilk i ;f *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. 26.710.050 Moderate- Density Residential (R -15). A. Purpose. The purpose of the Moderate - Density Residential (R -15) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate - Density Residential (R -15) zone district. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15) zone district. 1. Detached residential dwelling; 2. Duplex; 3. Farm buildings and uses, provided that all such buildings and storage areas are located at least 100 feet from pre - existing dwellings on other lots; 4. Home occupations; 5. Accessory buildings and uses; and 51 0 6. Accessory dwelling units meeting the provisions of Section 26.520.040. 7. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: two detached residential dwellings or a duplex on a lot with a minimum area of fifteen thousand (15,000) square feet. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R -15) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Parks and open use recreation site; 2. Public or private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. Lodge, where indicated by designation as a Lodge Overlay District (L) pursuant to Section 26.710.310; 8. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: bed and breakfast; boarding house; and two detached residential dwellings or a duplex on a lot with a minimum area of six thousand (6,000) square feet. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate- Density Residential (R -15) zone district. 1. Minimum lot size (square feet): 15,000. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 15,000. b. Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling 52 unit, unless the property is listed on the Aspen Inventory of Historic Sites and Structures, in which case a duplex or two detached residential dwellings may be developed with a minimum lot area of three thousand (3,000) square feet per unit. c. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 30. 4. Minimum front yard setback (feet): Residential dwellings: 25. Accessory buildings and all other buildings: 30. 5. Minimum side yard setback (feet): 10. 6. Minimum rear yard setback (feet): All buildings except residential dwellings and accessory buildings: 20. Residential dwellings: 10. Accessory buildings: 5. • 7. Maximum height (feet): 25. 8. Minimum distance between detached buildings on the lot (feet): 10. 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record): , i i Ih ( o n e ;5 iF t I 9i j - a r .114;1' -,fir 'I N I 1, ,.. is .J 111 I .�ic raiio �� tw e ,i lo ✓ 7F 53 3 0 . • i,...,,__, , t , , i, ,y , , . , , , , 1-.—,,,,—,. [1 r y- -1,,] ,,,..F t ,fr, ,, t , I, - • '. ',,-, ra , , F,,,,: . i ,,,-,, a duPle 1-- ' F ' V -.1 1, , , , '1- 11.: . dwellings or of d es1 x on a lot the on one detac , , l' E' h ,- - ri : "" ' ' • iii - ' ''•''' n detached r • ted (II for o two de p roperty is lie ed for — pe— —„, allow ratio pro area rat the floor • t.) , . area when the flo : c external floor feet w exceed zone district.) te t exe R-30 ze - Total ex 000 square lio the R- * Tot than 20, Structures shall i to th less th-- strac— not apply dwelling. Fr, _ Historic . , dwe residential Inventory -,1::, ',1 I i , "71' : '-' I ' '._ . : lex .; .. • • 1,11.1]''''',' _, ' 1 " f ■••';'"---'1.- ,.-- =-1 „ 4 '- - DuP ; ,,,--,:z..-'1, '4' 1 ''l I:2 ' ' ' ' I I", , ' `' Ili,',,',.1c1-- i I ,,' ''' -' , ,,,, , i '1 41]-!",1; •:',i'l'i, '— i : . I 1 , ._ ,.14,, , , Hr , ' ,' , —9-, ',.. ' ' ,, , .,' -. 4: 4 4- „ i. . . - ._,,,,,, 1 , ,. , , , 1 ,, , 1 , ' , . a,. .[:- _ ,,„:44,'' - 4,), 4 i r i . ' -- ' . -,,.4 , 4 , , , ,.. - , „ r,,, ,.....4, ' I i i I ti 1 - 1 ' 1 it Iiii , l i r, I 1 c,r1 Is t • — . - :. '—,14 u" —' ' -- ; i . r I It r - -', 4 r'14, r ' t.:,411.1i T ,‘ . i1. . ''-'.., 1.,..1 ... F. .11 I.' r rr , tx.t.l. ' - yr s' , 't - H . ' 44 ' ' L' . ' • '''-' . ■ j 1 i 1,...1■T;W:41'' '., I, 1 , I ' - : .J. LI l 4'. } I, --- 1 ....-: it ' l':: . , ■ -. I Y_ ii t - 3 i - , , t iii. i . ;,;-. : 4; 1 Ftlirip,:::1 ' 4 1 LT , 1 1 1 ,, t Ls = '`' ' — 54 ' ' •1 "! ' , I. I' t• Lt ";': :' ' I 1 I, ' ..,-.iir,,m .0.,--[-- , ,, , 1 " a Ili rt *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. (Does not apply to the R -30 zone district.) 26.710.060 Moderate - Density Residential (12-15A). A. Purpose. The purpose of the Moderate - Density Residential (R -15A) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate- Density Residential (R -15A) zone district are similarly situated to those in the Moderate - Density Residential (R -15) zone district and are lands annexed from Pitkin County from zone districts in which duplexes are a prohibited use. 13. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15A) zone district: 1. Detached residential dwelling; 2. Duplex, provided fifty (50) percent of the duplex units are restricted to affordable housing; 3. Farm buildings and use, provided that all such buildings and storage areas are located at least 100 feet from pre- existing dwellings on other lots; 4. Home occupations; 5. Accessory buildings and uses; 6. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: two detached residential dwellings on a lot within a minimum lot size of thirteen thousand (13,000) square feet; and 7. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R -15A) zone district, subject to the standards and procedures established in Chapter 26.425: 55 O 3 1. Parks, and open use recreation site; 2. Public and private academic school; 3. Church; 4. Group home; 5. Child care center; and 6. Museum. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate - Density Residential (R -15A) zone district: 1. Minimum lot size (square feet): 15,000. For lots created by Section 26.480.030(4) Historic Landmark Lot Split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 15,000. b. Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit, unless the is listed on the Aspen Inventory of Historic Sites and Structures, in which case two detached residential dwellings may be developed with a minimum of 6,500 square feet per unit. 3. Minimum lot width (feet): 75. For Lots created by Section 26.480.030(4) Historic Landmark Lot Split: 30. 4. A minimum front yard setback (feet): Residential dwelling: 25. Accessory buildings and all other buildings: 30. 5. Minimum side yard setback (feet): 10. 6. Minimum rear yard setback (feet): All buildings except residential dwellings and accessory buildings: 20. Residential dwellings: 10. Accessory buildings: 5. 56 r 7. Maximum height (feet): 25. 8. Minimum distance between principal and accessory buildings (feet): 10. 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record): Same as R15 zone district. 26.710.090 Residential Multi- Family (R/MF). A. Purpose. The purpose of the Residential/Multi- Family (R/MF) zone district is to provide for the use of land for intensive long -teen residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential/Multi- Family (R/MF) zone district are typically those found in the original Aspen Townsite, within walking distance of the center of the City, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi- Family (R/MF) zone district: 1. Detached residential dwelling; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Multi- family dwellings; 4. Home occupations; 5. Accessory buildings and uses; 6. Dormitory; and 7. Two detached residential dwellings on a lot with a minimum lot size of six thousand (6,000) square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total area of the 57 duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; and 8. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi- Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site; 2. Public and private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: bed and breakfast and boardinghouse. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential /Multi- Family (R/MF) zone district: 1. Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(4) Historic Landmark Lot Split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 6,000. b. Duplex:3,000. c. Two detached residential dwellings: 3,000. For multi - family dwellings on lot between 6,000 and 9,000 square feet, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 1,000. 1 bedroom: 1,200. 58 C 2 bedroom: 2,000. 3 bedroom: 3,000. Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. For multi - family dwellings on lot of more than 9,000 square feet, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 1,000. 1 bedroom: 1,250. 2 bedroom: 2,100. 3 bedroom: 3,630. Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. For multi - family dwellings on a lot of 27,000 square feet or less, when at least fifty percent (50 %) of the units built on -site are restricted as affordable housing, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 500. 1 bedroom: 600. 2 bedroom: 1,000. 3 bedroom: 1,500. Units with more than 3 bedrooms: One (1) bedroom per 500 square feet of lot area. For multi - family dwellings on a lot of 27,000 square feet or less, when one hundred percent (100 %) of the units built on -site are restricted as affordable housing, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 300. 1 bedroom: 400. 2 bedroom: 800. 3 bedroom: 1,200. Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of lot area. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For lots created by Section 26.480. 030(4) Historic Landmark Lot Split: 30. 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central 59 0 business core of the City. Hotel and principal long -term residential uses may be appropriate as conditional uses, while residential uses are permitted or may be appropriate as conditional uses. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone district: 1. Medical and dental clinic; 2. Professional and business office; 3. Open use recreation site; 4. Recreation club; 5. Theater; 6. Assembly hall; 7. Church; 8. Public building for administration; 9. Restaurant, cabaret and night club, tea room; 10. Retail commercial establishment limited to the following and similar uses: Antique store, appliance store, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, computer sales store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, music store, office supply store, pet shop, paint and wallpaper store, photography shop, record store, shoe store, sporting goods store, stationery store, variety store, video sales and rental store; 11. Service commercial establishments limited to the following and similar uses: Catering service, financial institution, personal service including barber and beauty shop, custom sewing, dry cleaning pickup station, laundromat, ski repair and rental, shop -craft industry, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or television broadcasting facility; 12. Rental, repair and wholesaling facilities in conjunction with any of the uses provided in Section 26.710.140(B)(1) through (11), provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building; 60 13. Storage of materials accessory to any of the uses provided in Section 26.710.140(B)(1) through (12), provided all such storage is located within a structure; 14. Residential dwelling units which are located above street level commercial uses, provided that the residential dwelling unit is restricted to six -month minimum leases; 15. Accessory dwelling units meeting the provisions of' Section 26.520.040; 16. Detached residential dwellings listed on the Aspen Inventory of Historic Sites and Structures; 17. Newspaper publishing office; 18. Home occupations; 19. Accessory buildings and uses; and 20. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Recreational and entertainment establishments limited to the following and similar uses: Business, fraternal or social club or hall; ice or roller skating rink; 2. Gasoline service station; 3. Hotel; 4. Newspaper and magazine printing; 5. Child care center; 6. Timesharing; 7. Residential dwelling units which are located above street level commercial uses in properties listed on the Aspen Inventory of Historic Sites and Structures and which are not restricted to six-month minimum leases; 61 8. For properties which are listed on the Aspen Inventory of Historic Sites and Structures; bed and breakfast; two detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet. 26.710.150 Commercial (C -1). A. Purpose. The purpose of the Commercial (C -1) zone district is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) zone district: 1. Medical clinics and dental clinics, professional and business offices; 2. Open -use recreation site, recreation club, assembly hall, theatre; 3. Church; 4. Public building for administration; 5. Retail commercial establishments limited to the following and similar uses: Antique store, appliance store, art supply store, bookstore, photo and camera shop, art gallery, clothes store, florist, hobby or craft shop, jewelry store, pet shop, furniture store, hardware store, paint and wallpaper store, shoe store, video sales and rental store; 6. Service commercial establishments limited to the following and similar uses: Catering service, financial institution, office supply store, shop -craft industry, parking garage, and personal service shops including barber shop and beauty shop; 7. Accessory storage for the above uses if located within the structure; 8. Accessory dwelling units meeting the provisions of Section 26.520.040; 9. Detached residential dwellings listed on the Aspen Inventory of Historic Sites and Structures and multifamily dwellings; 10. Broadcasting stations; 11. Home occupations; 12. Accessory buildings and uses; 62 �^ '"1 13. Food market; and 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. 26.710.180 Office (0). A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares. B. Permitted uses. The following uses are permitted as of right in the Office (0) zone district: 1. Detached residential dwellings, multi- family dwellings; 2. Professional business offices; 3. Accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; 5. Group homes; 6. Accessory buildings and uses; 7. Dormitory; and 8. A mixed -use building(s) comprised of a residential dwelling unit and permitted and conditional uses in the Office (0) zone district so long as such conditional use has been approved subject to the standards and procedures established in Chapter 26.425; and 9. Accessory dwelling units meeting the provisions of Section 26.520.040. 10. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: two (2) detached residential dwellings or a duplex on a lot with a minimum area of nine thousand (9,000) square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The "affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both 63 A"1 may be free market units if an accessory dwelling unit shall be provided for each unit. C. Conditional uses. The following uses are permitted as in the Office (0) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Only for those structures listed on the Aspen Inventory of Historic Sites and Structures: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft industry, visual arts gallery; provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off - street parking is provided, with alley access for those conditional uses along Main Street; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or a duplex on a property listed on the Aspen Inventory of Historic Sites and Structures with a minimum area of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 4. Child care center; 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Health and fitness facility; and 7. Lodge units and lodge units with kitchens. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Office (0) zone district: 1. Minimum lot size (square feet): 6,000. For Lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 64 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 6,000. b. Duplex or two detached units: 3,000 per unit. c. Multi family dwellings on lot between 6,000 and 9,000 square feet: Studio: 1,000. 1 bedroom; 1,200. 2 bedroom: 2,000. 3 bedroom: 3,000. 3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area. d. Multi family dwellings on lot of more than 9,000 square feet: Studio: 1,000. 1 bedroom; 1,250. 2 bedroom: 2,100. 3 bedroom: 3,630. 3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area. e. Multi family dwellings on a lot of 27,000 square feet or less, when at least fifty percent (50 %) of the units built on -site are restricted as affordable housing: Studio: 500. 1 bedroom: 600. 2 bedroom: 1,000. 3 bedroom: 1,500. 3+ bedrooms: One (1) bedroom per 500 square feet of lot area. f. Multi family dwellings on a lot of 27,000 square feet or less, when one hundred percent (100 of the units built on -site are restricted as affordable housing: Studio: 300. 1 bedroom: 400. 2 bedroom: 800. 3 bedroom: 1,200. 3+ bedrooms: One (1) bedroom per 400 square feet of' lot area. 3. Minimum lot width (feet): 60. For lots created by Section 26.480.030, Historic Landmark Lot Split: 30. Section 21: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 65 Section 22: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 23: A public hearing on the Ordinance was held on the 28th day of January, 2002 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th clay of January, 2002. de a / He en Kalin Klan • ti , ayor eir ATTEST: Kathryn S. 1Y ch, City Clerk FINALLY, adopted, passed and approved this 12th day of March, 2002. ` f el • m n ayor ATTEST: I 7 /40. ,I� / � "/ 1' Kathryn S. Kt , City Clerk APPROVED AS TO FORM: Jo • n orcester, City Attorney 66 ? 0 ORDINANCE NO. 2, SERIES OF 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 26.420 TO PROVIDE FOR CERTAIN BENEFITS TO OWNERS OF PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES WHEREAS, the Community Development Department and the Aspen Historic Preservation Commission have been involved in a year long process to evaluate and improve the Historic Preservation Program; and, WHEREAS, with substantial input from the public and other City review boards, a new package of benefits for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures has been prepared; and, WHEREAS, the Community Development Director and the Historic Preservation Commission recommend Council approval of a new Chapter to be added to the Aspen Municipal Code setting forth certain benefits for owners of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, the Historic Preservation Commission conducted a public hearing and reviewed and endorsed the proposed benefits by a 6 to 1 vote on November 28, 2001; and, WHEREAS, the Aspen City Council has reviewed and considered the recommendation made by the Community Development Department and the Historic Preservation Commission and has taken and considered public comment at public hearings on January 28, February 25, March 11, and March 12, 2002, as well as at a worksession on February 12, 2002; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen Municipal Code shall be amended by the addition of a new Chapter 26.420 which Chapter shall read as follows: CHAPTER 26.420 BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES Sections: 26.420.010 Purpose and Intent 26.415.020 Benefits 26.420.010 Purpose and Intent Benefits to encourage good historic preservation practices by the owners of historic properties is an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated by the City since 1972. The Community Development Department and Historic Preservation Commission (HPC) are dedicated to assisting property owners in renovating and maintaining their property. Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in the world. It is this basic character that has helped make the City both economically vital and cherished by many. The purpose of this Chapter is to set forth in one location all of the benefits that are potentially available to owners of properties listed on Aspen's Inventory of Historic Landmark Sites and Structures. All properties listed on the Aspen Inventory of Historic Landmark Sites and Structures . may be eligible for the following benefits. Applications for the award of the benefits may be obtained from the Community Development Department, and specific policies and procedures for each benefit will be established by the Historic Preservation Commission. 26.420.020 Benefits FINANCIAL BENEFITS Rehabilitation Loan Fund City Council may approve a zero interest loan in an amount up to $25,000 for any property that is in violation of Section 26.415.100 of the Land Use Code, "Demolition by Neglect." To be eligible for this benefit a property owner shall show evidence of financial need. These one -time loans shall be repaid at the time of transfer -of -title or by the end of ten years, whichever comes first. Conservation Easement Program The City may accept a "Conservation Fasement" from a property owner who wishes to forgo any of the allowed square footage on their property in exchange for a Federal Tax deduction. A deed restriction shall be filed on the site to show that future development is limited. The 500 square foot floor area bonus provided in Section 26.415.120.E of the Land Use Code cannot be donated as a conservation easement. 0 V City -owned Building Rehabilitation Fund The City shall give priority in the Asset Management Plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore City -owned designated properties. DEVELOPMENTAL BENEFITS 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. II 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. Increased density Two detached single family dwelling units or a duplex may be allowed on a smaller sized lot than is required for a non - designated property in the following zone districts: R -6, R -15, R -15A, RMF, O. Refer to Section 26.710 for further information. Historic Landmark Lot Split When a designated parcel is at least 6,000 square feet in size, subdivision into two parcels, neither of which is smaller than 3,000 square feet in size, for the purpose of creating up to three residential dwelling units may be allowed in the following zone districts: R -6, R -15, R- 15A, RMF, 0. Refer to Section 26.415.120(A) for further information. Waiver of Fees Waiver of Park Dedication Fees may be granted for development on properties listed on the Aspen Inventory of Historic Sites and Structures. Conditional Uses Certain land uses may be permitted in a given zone district only for designated properties. Refer to Section 26.710 for further information. Exemption from the Growth Management Quota System Change -in -use with no expansion of net leasable square footage requires no affordable housing impact mitigation. Expansions of designated properties shall only be required to mitigate growth impacts when net leasable and floor area is increased. When a development is required to mitigate for affordable housing, the amount of housing that must be provided on site or through a cash -in -lieu payment may be reduced by 1% for every 1% the project is under the maximum allowed floor area. Designated properties shall be exempt from competition for Growth Management Quota System Allocations. Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a "Historic Landmark Lot Split" is approved after March 31, 2002. Refer to Section 26.470(C) and (D) for further information. TECHNICAL ASSISTANCE Tax Credit Applications City Planning Staff shall assist property owners in participating in state and federal rehabilitation tax credit programs by helping with the preparation of application materials, undertaking the necessary reviews to assist in obtaining certification. A 20% State Rehabilitation Income Tax Credit may be available for locally designated properties and may be combined with a 20% Federal Income Tax Credit which is available for income producing properties listed on the National Register of Historic Places. Community Initiated Development The City will consider opportunities to be involved in public - privately funded rehabilitation efforts, building expansion, or infill projects that demonstrate good historic preservation practices. Building Codes The Uniform Building Code (UBC) provides for flexibility in its application to historic structures. In addition to the UBC, the City has adopted the Uniform Code for Building Conservation (UCBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. Contractor Training The Community Development Department shall provide periodic workshops for contractors on proper preservation techniques, using grants or other sources of funding. PROMOTIONAL EFFORTS Cultural Heritage Tourism Through grants or other sources of funding, the City may facilitate collaborative partnerships among tourist industry sectors, historic property owners and cultural heritage attractions to create a marketing strategy and marketing products to attract visitors interested in the distinctive historic character of Aspen. Preservation Honor Awards The Aspen Historic Preservation Commission shall present annual awards to recognize exemplary historic preservation efforts in the City. Historic Markers Through grants or other sources of' funding, the City shall provide a historic marker of a standard design for any owner of a designated historic property who desires a marker to install on their building. The City may also develop a marker or signage program to recognize designated historic districts. Section 3: Transfer of Development Rights, and further reductions in employee housing mitigation requirements for commercial development, will be brought forward for Council consideration with the implementation of the Infill program. Section 4: Staff is directed to prepare a year end report to City Council on the implementation of these benefits and information on how many property owners are taking advantage of them. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: A public hearing on the Ordinance was held on the 28th day of January, 2002 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. The hearing was continued to February 12 February 25 March 11, and March 12, 2002, and a worksession was held on February 12, 2002. ^ / \ INTRODUCED, READ AND ORDERED PUBLISIIED as provided by law, by the City Council of the City of Aspen on the 14th day of January, 2002. sa id, . en alin s . • • eru . Mayor A11EST % ' % ..' i Kathryn S. loch, City Clerk FINALLY, adopted, passed and approved this 12th day of Marco, :0 . / el 1 li P rud, Mayor AT ST.. J :i Kathryn S. och, ity Clerk APPROVED AS �T�O FORM: n . orces City Attorney ist-e -' CCY ARCHITEC T3 This application is in compliance with the Hallam Lake Bluff review standards; however, the project requires a variance for section 26.410.040.C.2 of the residential design standards, as well as a variance for combined side yard setbacks. The Hallam Lake Bluff review is in compliance, the following is excerpted text from the Land Use code with compliance explanations in italics. Sec. 26.435.060. Hallam Lake Bluff review. C. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. Response: The only development planned for areas below the top of slope is to return the existing retaining wall and associated grading to its predevelopment state with native vegetation. 2. All development within the fifteen -foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: Response: All proposed development is either at grade, or outside of the 15' setback. a. A unique condition exists on the site where strict adherence to the top -of -slope setback will create an unworkable design problem. b. Any intrusion into the top -of -slope setback or height limit is minimized to the greatest extent possible. c. Other parts of the structure or development on the site are located outside the top -of -slope setback line or height limit to the greatest extent possible. d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. 3. All development outside the fifteen -foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty- five - degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and the method of calculating height set forth at Section 26.575.020. Response: The proposed development steps back along the fifteen foot setback, is below the forty-five degree angle of the ground plane at the top of slope, and is within the prescribed height limit. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty percent (50 %) of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. Response: The landscape plan indicates the required native vegetation. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with Section 26.575.150. Response: All proposed exterior lighting shall meet this standard. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. Response: The only grading near or within the face of the slope shall be to return the area near the top of slope to its predevelopment state. (removal of existing retaining structure) 7. Site sections drawn by a registered architect, landscape architect or engineer shall be submitted showing all existing and proposed site elements, the top of slope and pertinent elevations above sea level. (Ord. No. 47 -1999, §3; Ord. No. 12, 2007, §23) Response: The site sections included in the packet indicate the top of slope and all other required information. COTTLE GARR YAW ARCHITECTS LTD 228 Midland Ave PO Box 529 Basalt CO 81621 970- 927 -4925 fax 970 - 927 -8578 ccyoffice@ccyarchitects.com i Request for variance on the residential Design Standards: 26.410.040.C.2 of the Residential design standards. 2. For all residential uses that have access only from a public street, the following standards shall apply: a. On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. Considering that this lot has access only from the street side, and the lot is limited on depth due to its location within the Hallam Lake Bluff we are requesting a variance for this section of the Residential Design Standards. This lot has a natural access point which is the existing drive that is on the north side of the lot along Lake Avenue. Given this we are proposing that the garage is aligned with this drive and the Historic Asset (living space) shall be shifted to the south to preserve its form and better expose it to the street front. This code section states that the Living space shall be 5 feet greater than the width of the garage. In this case, the size of "living space" is fixed, as it is a historic asset. We have designed the massing to meet the intent of this section. The garage has been broken down into two forms, the first is a "carriage house" element to the south and the second garage bay is hidden within a "connector". The Living portion of the elevation is 20' -6" wide, and the 'carriage house' element is 12' -0" wide. This massing meets the overall objective of this section which is to emphasize the living space element. Request for variance of side yard setbacks, 26.710.040.0.6 The underlying zone is R6, this zone requires the side yard setbacks to be "15 feet, plus 1 foot for each additional 200 square feet of lot area, to a maximum of 25 feet of total side yard." This lot is calculated to be 6418 sf and therefore requires a 17' combined side yard setback. We are requesting a combined side yard setback of 5'6" (if the historic covered porch portion of the house were allowed to be within the setback, the combined side yard would be over 10') There are a number of constraints on this site that shape the design and diminish the ability to have the required side yard setbacks. - There is no alley access on this lot, which forces the automobile access point to be on Lake Avenue. The width of the existing historical asset paired with the required automobile access and 2 off street parking spaces, the width of the design pushes into the setbacks. - This lot is within the Hallam Lake Bluff which shortens the developable area of the lot. - The site is also constrained because of our client's desire to restore, rehabilitate and showcase the historical asset. The design strives to maximize the exposure of the historical asset. Doing this showcases the quality and preserves the basic form of the asset, however it also diminishes the available site area. - The project is maintaining an existing non - conforming setback on the North side of the current non - historic footprint however it does reduce the amount of building elements within that nonconforming setback. The majority of the proposed design and addition is within a foot of conforming to required combined side yard setback. These site constraints are the reason for request of a variance on side yard setbacks. 3 '11 et P215 MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director -. )/1fr-- - " 1 .. FROM: Amy Guthrie, Historic Preservation Officer RE: City of Aspen Land Use Code Amendment, Pnacting Section 26.420, . Benefits for Properties Listed on the Aspen Inventory of Historic Landmark Sites and Structures, Second Reading of Ordinance #2, Series of 2002 DATE: March 11, 2002 SUMMARY: Council held a worksession on the benefits package on February 12, 2002. At that time, direction was given as to the ideas that could be implemented right away and those that required some clarification before adoption. Council indicated that two benefits, an acquisition/relocation fund and provision of design services at the City's expense were of no interest. Items that needed clarification were the location of the properties that would be brought into the historic Landmark lot split program, more information about TDR's, an estimate of the amount of money involved in waivers of Park Dedication fees, and details on the impacts of increased exemptions from housing mitigation requirements. For the lot splits, staff provided Council with a map on February 2? and heard no additional concerns about this benefit. The historic landmark lot split program, extended to more zone districts, is incorporated into Ordinance #2 as originally proposed. Further details were provided to Council as to the impact of allowing historic landmark lot split properties to be exempt from providing ADU's, and again, hearing no objection from Council, this has been incorporated into the package proposed for adoption. With regard to the waiver of Park Development Impact fees for historic properties, this is a long standing benefit for historic properties, affordable housing, and essential public facilities. Staff has attached the Section of the Land Use Code (Attachment 2) that establishes the fee. It is triggered when a development involves the addition of new bedrooms or commercial or office space. We believe this is a good financial benefit for which does not cost the City a significant amount of money. It is difficult to assess the exact revenues that are waived through this provision because development that is subject to the fee varies widely from year to year. As has been reported to Council previously, further development of TDR's will be brought forward shortly with the implementation of the Infill program. Staff has concluded that the concept of further reductions to housing mitigation for commercial properties should be looked at in conjunction with those code amendments to make sure —» P216 that no undesirable results are created. The intention to continue work on these items is included in Section 2 of the Ordinance. The financial benefits that have garnered the most interest from affected property owners, the tax relief program and grant program, do not have a funding source available right now. As discussed at the worksession, one idea is to consider a sales tax increase that would need to be approved by the voters. This is not addressed in the Ordinance, and Council should assess whether they would like staff to pursue the issue further. The ballot question would need to be carefully crafted and the value of the historic preservation fund created would have to be clearly demonstrated to the community. Staff seeks Council's direction on this topic. Other Changes to the Ordinance that staff has made in preparation for this meeting are: • The $10,000 no- interest loan for historic building repairs, which is a current benefit, is increased to a maximum of $25,000 to address larger, more expensive rehabilitation projects. Staff will need to prepare a supplemental request to Council to increase this line item in the Community Development Department budget. e • Under the category of "Technical Assistance," the Community Development Department will provide periodic workshops for contractors on proper preservation techniques, using grants or other sources of funding. • A requirement that staff prepare a year end report for Council on an annual basis is included as Section 3. This is to keep Council informed and to show the community that we consider the benefits a high priority. STAFF RECOMMENDATION: Staff recommends that City Council adopt Ordinance #2, Series of 2002, on Second Reading." RECOMMENDED MOTION: "I move to adopt Ordinance #2, Series of 2002, Historic Preservation Benefits." CITY MANAGER COMMENTS: Attachments: Ordinance #2, Series of 2002 1. Response to Section 26.314.040, Review standards for text amendments 2. Section 26.610, Park Development Impact Fees n: amyp /homeJaapeninventorykoundlbenefi unemomar l l .doc �. P217 ATTACHMENT LAND USE CODE AMENDMENT REVIEW' STANDARDS: Chapter 26.310, Amendments To The Land Use Code And Official Zone District Map, at Section 26.314.040 provides nine (A -I) standards for approval of proposed amendments to the text of the Land Use Code. These standards, and staffs evaluation of the amendment relative to them, are provided below. A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The purpose of the code amendment is to make the treatment of historic properties equitable to non - historic properties. The code amendment will integrate the historic preservation process more effectively into other city programs and policies and will not be in conflict with any other sections of the Land Use Code. Staff Ends that this standard is met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area comprehensive Plan. RESPONSE: The Aspen Area Community Plan goals for historic preservation include making improvements to the HPC process,: refining review criteria to make decisions less subjective, protecting all buildings and sites of historic significance, and improving communication. The benefits are a critical part of achieving those goals. Staff finds that this standard is met. C. Whether the proposed amendment is compatible with "surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The proposed amendment does not create new land uses. The Community Development Department did study the location of properties proposed to be included in the historic landmark lot split program for compatibility issues. Staff finds that this standard is met. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment is not anticipated to have any effect on traffic generation or road safety. This standard is not applicable. E. 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. RESPONSE: The proposed code amendment is not anticipated to have any additional effect on infrastructure or infrastructure capacities. Staff finds that this standard is met. P218 F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have a negative effect on the natural environment. Preservation and re-use of existing structures can have less negative effect on the natural environment than new construction. , Staff finds that this standard is met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Aspen's community character is in great part defined by our historic resources. This code amendment will allow us to be more successful in protecting that character, which is vitally important to the economic vitality and livability of the town. II. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: Historic Preservation is an increasingly difficult task in Aspen because of rising property values. This amendment aims to make the entire process less onerous and more attractive to property owners. It is clear that the City must work harder than ever on this program and do more to meet property owners half way with valuable benefits. Staff finds that this standard is met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: The proposed amendment is in harmony with the public interest by providing incentives for the successful preservation of historic buildings. There has been significant community input into this project. Staff finds that this standard is met. wt11 r�p si 9 • Chapter 26.610 • PARK DEVELOPMENT IMPACT FEE Sections: 26.610.010 Purpose. 26.610.020 Applicability. 26.610.030 Fee schedule. 26.610.040 Time of payment and use of funds. 26.610.050 Refund of fees. 26.610.060 Enforcement 26.610.070 Credits. 26.610.010 Purpose. For residents and visitors, parks and recreation facilities make up a significant part of the com- munity character of the City of Aspen. As a result of growth, increased pressure is placed on existing parks and recreation facilities necessitating acquisition of new park lands and development of additional recreation facilities. In order to maintain the current community standards for acquisi- • lion of open space and development of parks and recreation facilities, the City of Aspen finds it necessary to impose a park development impact fee on new development The impact fee requires new development to pay its pro -rata share of the costs of growth, thereby providing relief to current City residents regarding the full costs of such facilities which are attributable principally or solely to new development The impact fee fairly apportions the cost of acquisition and development of park and recreation lands to new versus current residents by par - tiallycapturing the actual cost of those improvements which are necessary to maintain the current park and recreation facility standards in the City of Aspen. 26.610.020 Applicability. Park development impact fees shall be assessed upon at1 le ,,, which creates additional bedrooms in residential dwellings, lodges, hotels, beds and b eakfast boardinghouses, roominghouses or dormitories and on all development which creates additional commercial or office space. Park development impact fees shall not be assessed upon the following: A. Alteration or expansion of a structure which does not create any additional bedrooms. B. The replacement of a partially or totally destroyed structure which does not create any addi- tional bedrooms. C. Development of essential community facilities. • D. Affordable housing subject to Affordable Housing Guidelines. \. U.cmauo> 710 -34 P220 26.610.030' E. Development involving a historic landmark. F. Re- subdivision of land, if a park development impact fee or a fee similar thereto was assessed by the City of Aspen and collected at the time of the initial subdivision, unless the re- subdivision shall be for the purpose of additional development, in which case the fee shall be assessed upon any additional bedrooms or commercial or office space permitted by the re- subdivision. 26.610.030 Fee schedule. The park development impact fee shall be assessed according to the following schedule: Residential/104-e: Studio: $1,520.00 per unit. One - bedroom: $2,120.00 per unit Two-bedroom: $2,725.00 per unit. Three- bedroom or larger $3,634.00 per unit. • Commercial/office: CC/C -1 zone districts: $2,163.00 per 1,000 square feet. NC/SCI zone districts: $1,168.00 per 1,000 square feet. O zone districts: $1,530.00 per 1,000 square feet. CL and other zone districts: $1,785.00 per 1,000 square feet. For development which increases the size of a unit between the types listed in the schedule, the fee shall be assessed by calculating the difference in the cost between the unit types. 26.610.040 Time of payment and use of funds. The park development impact fee shall be due and payable at the time of issuance of a building permit for the development. All funds collected shall be transferred by the Community Develop- ment Director to the Finance Director for deposit in a separate interest bearing account. Such funds shall only be used for the acquisition of land for public park and recreation purposes, including trails, and for capital improvements to such newly acquired or existing park and recreation lands. 26.610.050 Refund of fees. • Fees collected pursuant to this Section may be returned to the then present owner of property' for which a fee was paid, including any interest eamed, if the fees have not been spent within seven (7) years from the date fees were paid, unless the City Council shall have earmarked the funds for expenditure on a specific project, in which case the City Council may extend the time period by up to three (3) more years. To obtain a refund, the present owner must submit a petition to the Finance Director within one year following the end of the seventh year from the date payment was received. For the purpose of this Section, payments collected shall be deemed spent on the basis of the first payment received shall be the first payment expended. Any payment made for a project for which a building permit is cancelled, due to non - commencement of construction, may be refunded if a petition for refund is submitted to the Finance Director within three (3) months of the date of 710 -35 i"`c°° 4OO 3 26.610.060 P221 the cancellation of the building permit All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and by a copy of the dated receipt issued for payment of the fee. 26.610.060 Enforcement All park development impact fees, from the time they shall be due and payable, shall become and remain a lien upon the land or improvements against which they are assessed and may be col- lected against any owner of such lands or improvements. Any claim for payment may be prosecuted as an action in personam against any owner or by any action in rem for enforcement of such lien, or both. 26.610.070 Credits. Subject to the approval requirements set forth below, in lieu of paying the park development impact fee, the applicant may elect to construct park and recreation facilities and dedicate them to the City of Aspen. Prior to acceptance of such dedications, the Parks Department Director shall be required to verify the value of the park and recreation facilities to be used as a credit toward the re- quired park development impact fee. An applicant may also elect to dedicate lands to the City which are to be used for park or open space purposes, including any trail system easement. Prior to acceptance of such dedications, the Parks Department Director and Community Development Di- rector shall determine' that the facilities or parcel to be dedicated are of adequath size for the use intended, can be accessed by the public and are located outside of any environmentally hazardous area. To obtain a credit for any and or easement dedication, the applicant shall submit an appraisal of the value of the land or easement to be dedicated, which shall be performed by a qualified pro- fessional real estate appraiser. c ' ° i0°, 710 -36 P222 ORDINANCE NO. 2, SERIES OF 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 26.420 TO PROVIDE FOR CERTAIN BENEFITS TO OWNERS OF PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES WHEREAS, the Community Development Department and the Aspen Historic Preservation Commission have been involved in a year long process to evaluate and improve the Historic Preservation Program; and, WHEREAS, with substantial input from the public and other City review boards, a new package of benefits for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures has been prepared; and, WHEREAS, the Community Development Director and the Historic Preservation Commission recommend Council approval of a new Chapter to be added to the Aspen Municipal Code setting forth certain benefits for owners of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, the Historic Preservation Commission conducted a public hearing and reviewed and endorsed the proposed benefits by a 6 to 1 vote on November 28, 2001; and, WHEREAS, the Aspen City Council has reviewed and considered the recommendation made by the Community Development Department and the Historic Preservation Commission and has taken and considered public comment at public hearings on January 28, February 25, and March 11, 2002, as well as at a worksession on February 12, 2002; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen Municipal Code shall be amended by the addition of a new Chapter 26.420 which Chapter shall read as follows: CHAPTER 26.420 BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES Sections: 26.420.010 Purpose and Intent 26.415.020 Benefits P223 26.420.010 Purpose and Intent Benefits to encourage good historic preservation practices by the owners of historic properties is an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated by the City since 1972. The Community Development Department and Historic Preservation Commission (HPC) are dedicated to assisting property owners in renovating and maintaining their property. Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in the world. It is this basic character that has helped make the City both economically vital and cherished by many. The purpose of this Chapter is to set forth in one location all of the benefits that are potentially available to owners of properties listed on Aspen's Inventory of Historic Landmark Sites and Structures. All properties listed on the "Aspen Inventory of Historic Landmark Sites. and Structures" may be eligible for the following benefits. Applications for the award of the benefits may be obtained from the Community Development Department, and specific policies and procedures for each benefit will be established by the Historic Preservation Commission. 26.420.020 Benefits FINANCIAL BENEFITS Rehabilitation Loan Fund City Council may approve a zero interest loan in an amount up to $25,000 for any property that is in violation of Section 26.415.100 of the Land Use Code, "Demolition by Neglect." To be eligible for this benefit a property owner shall show evidence of financial need. These one -time loans shall be repaid at the time of transfer -of -title or by the end of ten years, whichever comes first. Conservation Easement Program The City may accept a "Conservation Easement" from a property owner who wishes to forgo any of the allowed square footage on their property in exchange for a Federal Tax deduction. A deed restriction shall be filed on the site to show that future development is limited. The 500 square foot floor area bonus provided in Section 26.415.120.E of the Land Use Code cannot be donated as a conservation easement. P224 City -owned Building Rehabilitation Fund The City shall give priority in the Asset Management Plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore City-owned designated properties. DEVELOPMENTAL BENEFITS 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. 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. • • Increased density Two detached single amily dwelling units or a duplex may be allowed on a smaller sized lot than is required for a non-designated property in the following zone districts: R-6, R -15, R -15A, RMF, 0. Refer to Section 26.710 for further information. Historic Landmark Lot Split When a designated parcel is at least 6,000 square feet in size, subdivision into two parcels, neither of which is smaller than 3,000 square feet in size, for the purpose of creating up to three residential dwelling units may be allowed in the following zone districts: R-6, R -15, R -15A, RMF, 0. Refer to Section 26.415.120(A) for further information. Waiver of Fees Waiver of Park Dedication Fees may be granted for development on properties listed on the Aspen Inventory of Historic Sites and Structures. r \ .J P225 Conditional Uses Certain land uses may be pennitted in a given zone district only for designated properties. Refer to Section 26.710 for further information. Exemption from the Growth Management Ouota System Change -in -use with no . expansion of net leasable square footage requires no affordable housing impact mitigation. Expansions of designated properties shall only be required to mitigate growth impacts when net leasable al floor area is increased. When a development is required to mitigate for affordable housing, the amount of housing that must be provided on site or through a cash -in -lieu payment may be reduced by 1% for every 1% the project is under the maximum allowed floor area. Designated properties shall be exempt from competition for Growth Management Quota System Allocations. Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a "Historic Landmark Lot Split" iisapproved after March 11, 2002. Refer to Section 26.470(C) and (D) for further information. TECHNICAL ASSISTANCE Tax Credit Applications City Planning Staff' shall assist property owners in participating in state and federal rehabilitation tax cuidit programs by helping with the preparation of application materials, undertaking the necessary reviews to assist in obtaining certification. A 20% State Rehabilitation Income Tax Credit may be available for locally designated properties and may be combined with a 20% Federal Income Tax CtEptt which is available for income producing properties hstod on the National'Re ofi1?istoric P ]aces. Community Initiated Development The City will consider opportunities to be involved in public- privately funded rehabilitation efforts, building expansion, or infill projects that demonstrate good historic preservation practices. Building Codes The Uniform Building Code (UBC) provides for flexibility in its application to historic structures. In addition to the UBC, the City has adopted the Uniform Code for Building Conservation (UCBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. Contractor Training The Community Development Department shall provide p workshop for contractors on proper preservation techniques, using grants or other sources of funding. P226 PROMOTIONAL EFFORTS Cultural Heritage Tourism Through grants or other sources of funding, the City may facilitate collaborative partnerships among tourist industry sectors, historic property owners and cultural heritage attractions to create a marketing strategy and marketing products to attract visitors interested in the distinctive historic character of Aspen. Preservation Honor Awards The Aspen Historic Preservation Commission shall present annual awards to recognize exemplary historic preservation efforts in the City. Historic Markers Through grants or other sources of funding, the City shall provide a historic marker of a standard design for any owner of a designated historic property who desires a marker to install on their building. The City may also develop a marker or signage program to recognize designated historic districts. Section 3: Transfer of Development Rights, and further reductions in employee housing mitigation requirements for commercial development, will be brought forward for Council consideration with the implementation of the Infill program. Section 4: Staff is directed to prepare a year end report to City Council �o t implementation �n of are these benefits and information on how many property o them: Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: M , 1 P227 A public hearing on the Ordinance was held on the 28th day of January, 2002 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. The hearing was continued to February 12 February 25 and March 11, 2002, and a worksesion was held on February 12, 2002. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of January, 2002. Helen Kalin Klandernd, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 1 l th day of March, 2002. Helen Kalin Klandernd, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney at1*-r- aGSv wi g --41- �V MEMORANDUM S GC1�S� 3 0 �,,/''' / lJV TO: Mayor Klandemd and City Council '� ° �/vQ vt.AbI,1 � / IS v Da, \<Li52/t.v `o\c\ THRU: Julie Ann Woods, Community Development Director V� t� Q.C ,— FROM: Amy Guthrie, Historic Preservation Officer I I �u 6 ids U T CIS RE: City of Aspen Land Use Code Amendments, Sections 26.104- GeneralL Provisions, 26.208– City Council, 26.212- Planning and Zoning Commission, 26.220- Historic Preservation Commission, 26.304 - Common Development Review Procedures, 26.312- Nonconformities, 26.415- Development Involving the Inventory of Historic Sites and Structures or Which Occurs in an "H," Historic Overlay District, 26.420, Historic Overlay District and Historic Landmarks, 26.430- Special Review, 26.470- Growth Management Quota System, 26.480 - Subdivision, 26.500 Development Reasonably Necessary for the Convenience and Welfare of the Public, 26.510- Signs, 26.515- Off Street Parking, 26.520- Accessory Dwelling Units, 26.575.030- Open Space, 26.575.120- Satellite Dish Antennas, 26.610- Park Development Impact Fee, 26.710 Zone Districts, Second Reading of Ordinance #1, Series of 2002 DATE: March 11, 2002 BACKGROUND: City Council held a hearing on changes to the historic preservation program on February 25` The subject of that meeting was whether or not to interject new policies into the Aspen preservation program allowing designation to be voluntary for younger properties and setting a minimum age requirement. Council did not come to a conclusion that evening. Staff understands that Council desires the best possible program be created, and that there are differences of opinion amongst citizens about what should and should not be protected. However, we urge that Ordinance #1 (and the benefits entailed in Ordinance #2) be enacted so that the many advantageous changes that will occur in the operations of the program, from a better framework for determinations on historic designation to improved development review, be allowed to move forward. Staff's understanding is that Council's hesitation on the ordinance is in regard to the designation portion of the program and not with the new review processes. In regard to the standards for historic designation, we feel that they have been carefully crafted to allow Council to make a fair and informed decision. We have worked ove* the 1 t- to deveelna some supplemental documents that involve checklists and scorin alit sQ h y.ts to screen properties so at those brought forward for HPC and Council consideration are VaA-ceve. � �a + ? a - 0 (A '40 IS U a }e v 4 1vv r.s. -� • worthy of discussion. We understand clearly that those supporting documents require additional clarification and citizen input, and intend to work the issues out before an designation applications are brought forward on individual properties. With additional scholarly research over the next couple of months, we will narrow in on a more specific period of significance for each architectural style being discussed and can assuage fears that significant numbers of structures are eligible. We anticipate that it will be six m before any hearings on post -war buildings will be scheduled. It has been made very clear to staff during the revision of this program that the community is not ready to recognize the importance of as broad a range of post -war property types as were initially suggested by us. An underlying philosophy of the resources that are currently designated is that it takes a variety of building types and architectural styles (from high style to modest) to tell the story of the town. It has become apparent that, in regard to the post -war properties, we must sharpen the focus to address what can be documented to Council as the best and most important examples of the period, which we intend to do. Council will have the final say on which properties do and do not meet the standards. In regard to any continued questions about a voluntary program, it should be understood that in terms of our current historic inventory, 95% of the properties are in private ownership, An even higher percentage is true for the recent past properties under consideration. Because of our high development pressures, in staff's opinion, there is no tool other than a mandatory program that will insure the continued existence of the _buildings that are vital to our community character. And, clearly, the government's role in the partnership that will protect our heritage is to enact benefits and financial support for historic preservation. Council may also be interested in knowing that by far, the majority (72 %) of currently designated properties are in residential use. Twenty percent are in commercial use, W are government buildings, 1.5% are churches, and 1.5% are non -profit facilities. Generally speaking, the properties that are under discussion as additions to the inventory are more evenly divided between commercial and residential uses because they include numerous lodge properties associated with the development of the ski industry, but it is the homeowner who has been and will be responsible for preserving a significant number of buildings. Finally, to reiterate our position on the importance of the properties that have triggered this discussion of the town's priorities in regard to historic preservation, the poiht should be made that there are any number of ski and resort towns in Colorado which have preserved aspects of their silver mining heritage. One of the things that sets As en apart statewide and nationally is that we have a one of a kind collection of buildings left that depict our transition into an internationally known ski area and cultural center. 2 'STAFF RECOMMENDATION: Staff recommends that Council accept the recommendation of the Community Development Department, Historic Preservation Commission, and Planning and Zoning Commission and adopt Ordinance #1, Series of 2002, on Second Reading. Staff will return to Council in one year to review successes and challenges that cannot be anticipated now. RECOMMENDED MOTION: "I move to adopt Ordinance #1, Series of 2002, Historic Preservation Land Use Code Amendments." CITY MANAGER'S COMMENTS: EXHIBITS: Ordinance #1, Series of 2002 A. Staff memo dated January 28, 2002 with: Attachment #1, Amended Land Use Code sections, denoted by strike and add, Attachment #2, Response to Section 26.314.040, Review standards for text amendments D: home / amyg /aspeninventory /councilmemomazl 1 .doc lNa ( 1ov[SUvvri� is wiov.Q/ 2/ 1 3 sal o /t/ c.U� s l A Ou\o\ Lo&i �o 1'lr t S,iiv v _ ,) 04A0 US 3 a ORDINANCE NO. 1, SERIES OF 2002 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE HISTORIC PRESERVATION PROGRAM AND THE FOLLOWING SECTIONS OF THE LAND USE CODE: SECTION 26.104 - GENERAL PROVISIONS, 26.208— CITY COUNCIL, 26.212- PLANNING AND ZONING COMMISSION, 26.220- HISTORIC PRESERVATION COMMISSION, 26.304- COMMON DEVELOPMENT REVIEW PROCEDURES, 26.312 - NONCONFORMITIES, 26.415- DEVELOPMENT INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR WHICH OCCURS IN AN "H," HISTORIC OVERLAY DISTRICT, 26.420, HISTORIC OVERLAY DISTRICTS AND HISTORIC LANDMARKS, 26.430- SPECIAL REVIEW, 26.470- GROWTH MANAGEMENT QUOTA SYSTEM, 26.480- SUBDIVISION, 26.500 DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC, 26.510- SIGNS, 26.515- OFF STREET PARKING, 26.520- ACCESSORY DWELLING UNITS, 26.575.030 - OPEN SPACE, 26.575.120- SATELLITE DISH ANTENNAS, 26.610- PARK DEVELOPMENT IMPACT FEE, AND 26.710- ZONE DISTRICTS WHEREAS, the Community Development Department and the Aspen Historic Preservation Commission have been involved in a year long process to evaluate and improve the Historic Preservation Program; and, WHEREAS, with substantial input from the public and other City review boards, a new historic preservation ordinance has been prepared and staff has identified other areas of the Land Use Code which require amendment to enact the new program; 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 at a public hearing after reviewing and considering these recommendations; and, WHEREAS, the Planning Director recommended approval of amendments to Sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 26.415, 26.420, 26.430, 26.470, 26.480, 26.500, 26.510, 26.515, 26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Historic Preservation Commission conducted a public hearing and reviewed and endorsed the new historic preservation regulations and benefits by a 6 to 1 vote on November 28, 2001, and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed amendments to the historic preservation regulations and related sections of the land use code on December 11, 2001, took and considered public testimony and the recommendations of the Planning Director and Historic Preservation Commission and recommended, by a 6 to 1 vote, City Council amend the text of sections 26.104, 26.208, 26.212, 26.220, 26.304, 26.312, 26.415, 26.420, 26.430, 26.470, 26.480, 1 26.500, 26.510, 26.515, 26.520, 26.575.030, 26.575.120, 26.610, and 26.710 of the land use code of the Aspen Municipal Code as described herein, and; WHEREAS, the Aspen City Council opened a public hearing. on this Ordinance on January 28 2002 and continued it to February 12` February 25` , and March 11 `h , and has reviewed and considered those recommendations made by the Community Development Department, the Historic Preservation Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.104.100 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): Dwelling, multi - family. A residential structure containing three (3) or more attached dwelling units, not including hotels and lodges, but including townhomes, with accessory use facilities limited to an office, laundry, recreation facilities, and off - street parking used by the occupants. One (1) or more dwelling units located within an office, retail, or service commercial building shall also be considered a multi - family dwelling. The term "multi- family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more detached dwelling units where permitted by the zone district. Historic landmark. A structure or site designated and regulated for its historic architectural or other importance under Chapter 26.415 of this Title. Historic Overlay District, "H ". An area or site designated and regulated for its historic architectural importance under Chapter 26.415 of this Title. Residential multi - family housing. A dwelling unit which has in its history ever housed a working resident and which is located in a building in one of the following configurations: 1) A multi - family residential building; 2) A mixed -use building; or, 3) A detached building on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures containing three or more detached residential units where permitted by the zone district. 2 Excluded from this definition shall be single - family and duplex dwellings and dwelling units used exclusively as tourist accommodations or by non - working residents. Section 2: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.208.010 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.208.010 Powers and Duties In addition to any authority granted by state law or the Municipal Code of the City of Aspen, Colorado, the City Council shall have the following powers and duties: A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310; B. To hear, review, and adopt amendments to the text of this Title after recommendation by the commission, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To hear, review, and adopt amendments to the official zone district map after recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310; E. To hear, review, and adopt a conceptual development plan and a final development plan for specially planned areas (SPA), after recommendations of the Planning and Zoning Commission, pursuant to Chapter 26.440; F. To hear, review, and adopt a conceptual development plan and a final development plan for a planned unit development (PUD), pursuant to Chapter 26.445; G. To hear, review, and designate H, Historic Overlay Districts and the Aspen Inventory of Historic Landmark Sites and Structures, after recommendation from the Historic Preservation Commission, pursuant to Chapter 26.415; H. To review appeals from decisions of the Historic Preservation Commission approving, conditionally approving or disapproving a development application for development or demolition of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or a development application for development or demolition in a H, Historic Overlay District pursuant to Chapter 26.415; I. To ratify historic district and historic landmark development guidelines pursuant to Chapter 26.415; 3 Section 3: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.212.010 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.212.010 Powers and Duties In addition to any authority granted the Planning and Zoning Commission (hereinafter "commission ") by state law or the Municipal Code of the City of Aspen, Colorado, the commission shall have the following powers and duties: A. To initiate amendments to the text of this title, pursuant to Chapter 26.310; B. To review and make recommendations of approval or disapproval of amendments to the text of this title, pursuant to Chapter 26.310; C. To initiate amendments to the official zone district map, pursuant to Chapter 26.310; D. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council in regard to amendments of the official zone district map, pursuant to Chapter 26.310; E. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on a conceptual development plan and final development plan for planned unit development (PUD), pursuant to Chapter 26.445; F. To review and make recommendations of approval, approval with conditions, or disapproval to the City Council on adoption of a conceptual development plan and final development plan or specially planned areas (SPA), pursuant to Chapter 26.440; G. To review, score, and recommend allotments for residential, office and commercial, and lodge pursuant to growth management quota system (GMQS), pursuant to Chapter 26.470; H. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; I. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; J. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; 4 K. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; L. To hear and approve, approve with conditions, or disapprove development in environmentally sensitive areas (ESA), pursuant to Chapter 26.435; M. To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal government; and N. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title. 0. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; P. To hear and decide appeals from, and review any order, requirement, decision, or determination made by, any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The Commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body. Section 4: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.220 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): Sections; 26.220.010 Powers and duties. 26.220.020 Qualifications for membership. 26.220.030 Membership; appointment, removal, terms and vacancies. 26.220.040 Staff. 26.220.050 Quorum and necessary vote. 26.220.060 Meetings, hearing and procedure. 26.220.070 Committees and project monitoring. 26.220.010 Powers and duties. The Historic Preservation Commission (HPC) shall have the following powers and duties: 5 A. Recommendation of approval or disapproval to the City Council of the designation of H, Historic Overlay Districts and the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; B. Review and approval, approval with conditions, suspension or disapproval of development within the H, Historic Overlay District or development involving the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415; C. Review and approval, approval with conditions, suspension or disapproval of demolition or relocation involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415, or properties under consideration for the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Chapter 26.415.080 and 26.415.090; D. Recommendation of approval, approval with conditions, or disapproval to the Board of Adjustment or Planning and Zoning Commission on a request for variance in the H, Historic Overlay District or involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415.130; E. Adoption of Historic District and Historic Landmark Development Guidelines, pursuant to Chapter 26.415; F. Recommendation to the Planning and Zoning Commission to initiate amendments to this Chapter; G. To hear and approve, approve with conditions, or disapprove variations pursuant to Chapter 26.415; and H. To grant variances from the provisions of this Title when a consolidated application is presented to the Historic Preservation Commission for review and approval pursuant to Chapter 26.314. I. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; J. To hear and decide appeals from, and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of Chapter 26.410, including appeals of interpretation of the text of the Residential Design Standards. The Commission may only grant relief from the Residential Design Standards. A variance from the Residential Design Standards does not grant an approval to vary other standards of this Chapter that may be provided by another decision making administrative body; 6 K. To file a petition in accordance with Section 26.415.110 (A) with the Chief Building Official, requesting that the official act to require the correction of defects or repairs to designated properties subject to demolition by neglect. 26.220.020 Qualification for membership. Members of the Historic Preservation Commission shall be qualified electors in Aspen and residents for one (1) year prior to appointment. 26.220.030 Membership; appointment, removal, terms and vacancies. 26.220.040 Staff. 26.220.050 Quorum and necessary vote. 26.220.060 Meetings, hearing and procedure. 26.220.070 Committees and project monitoring. Section 5: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.304 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.304.020 Pre - application conference. A. General Prior to the formal filing of a development application, unless waived by the Community Development Director, the applicant shall confer with a member of the staff of the Community Development Department to obtain information and guidance regarding the format and processing of the development application. The purpose of such a conference is to permit the applicant and the Community Development Department staff to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. The Community Development Director may decide as part of the pre - application process to hold pre - application work sessions with decision making bodies if it is determined that such work sessions would provide the Community Development Department or the applicant with additional information or guidance necessary to the preparation or processing of an application for development. B. Issues of discussion. Issues that may be discussed at the pre - application conference may include, but are not limited to, the following: 1. Proposed development. The applicant should describe the general nature of the proposed development including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character 7 and location of common open space or treatment of public uses; preservation of natural features; preservation of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; protection of environmentally sensitive areas; proposed off -street parking and internal traffic circulation; and total ground coverage of paved areas and structures. 26.304.040 Initiation of application for development order. An application for a development order may only be initiated by (1) a person or persons owning more than fifty percent (50 %) of the property subject to the development application and proposed development; (2) the City Council or the Planning and Zoning Commission for the purpose of amending the text of this Chapter or the official zone district map (Chapter 26.310) or to designate a Specially Planned Area (SPA) (Chapter 26.440); and, (3) the City Council, Planning and Zoning Commission, or Historic Preservation Commission for the purpose of designating an (H), Historic Overlay District or designating a property on the Aspen Inventory of Historic Landmark Sites and Structures. 26.304.060 Review of a development application by decision - making bodies. A. Review Procedures and Standards. Specific development review procedures and standards for different types of development applications are set forth in the relevant Chapters of this Title. They include the following: Permitted Uses: Chapter 26.404 Variances: Chapter 26.314 Residential Design Standards: Chapter 26.410 Development involving the Aspen Inventory of Historic Landmark Sites and Structures or in an "H," Historic Overlay District: Chapter 26.415 Conditional Uses: Chapter 26.425 Special Review: Chapter 26.430 Development in Environmentally Sensitive Areas: Chapter 26.435 Specially Planned Areas (SPA): 26.440 Planned Unit Developments (PUD): Chapter 26.445 Temporary Uses: Chapter 26.450 Growth Management Quota System (GMQS): Chapter 26.470 Subdivision: Chapter 26.480 Amendments to Text and Zone District Map: Chapter 26.310 Section 6: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.312.030(C)(2) and 26.312.050(C) of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.312.030 Nonconforming structures. 8 2. Historic Structures. The only exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title, and receives development review approval as required by Section 26.415. 26.312.050 Nonconforming lots of record. C. Historic Property. A lot of record containing a property listed on the Aspen Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.415. Section 7: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals and re- enacts Section 26.415 of the Aspen Municipal Code to read as follows: CHAPTER 26.415 DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT Sections: 26.415.010 Purpose and Intent 26.415.020 Definitions 26.415.030 Designation of Historic Properties 26.415.040 Recordation of Designation 26.415.050 Rescinding of Designation 26.415.060 Effect of Designation 26.415.070 Development Involving Designated Historic Properties 26.415.080 Demolition of Designated Properties 26.415.090 Relocation of Designated Properties 26.415.100 Demolition by Neglect 26.415.110 Benefits 26.415.120 Appeals, Council Notice and Call Up 26.415.130 Variances Granted by Other City Review Bodies 26.415.140 Penalties 26.415.010 Purpose and Intent 9 The purpose of this chapter is to promote the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent the distinctive elements of Aspen's cultural, educational, social, economic, political and architectural history. Under the authority provided by the Home Rule Charter of the City of Aspen and Section 29- 20- 104(c) of the Colorado Revised Statutes to regulate land use and preserve areas of historical, architectural, archaeological, engineering and cultural importance, this chapter sets forth the procedures to: A. Recognize, protect, and promote the retention and continued utility of the historic buildings and districts in the city; B. Promote awareness and appreciation of Aspen's unique heritage; C. Ensure the preservation of Aspen's character as a historic mining town, early ski resort and cultural center; D. Retain the historic, architectural and cultural resource attractions that support tourism and the economic welfare of the community; and E. Encourage productive, economical and attractive reuse of historic structures. 26.415.020 Definitions The following definitions are specific to the terms as used in this Chapter and in the field of Historic Preservation: Alteration. A change to an existing building, structure or feature that modifies its original appearance or construction. Certificate of Appropriateness. An official form issued by the City stating that the proposed work on a designated historic property is compatible with its historic and architectural character and, therefore, the work may be completed as specified in the Certificate and the City may issue any permits needed to do the work specified in the Certificate. Certificate of No Negative Effect. An official form issued by the City stating that the proposed work will have no detrimental effect on the character - defining features of a designated property and, therefore, the work may proceed as specified in the Certificate without obtaining further approvals under this Chapter and the City may issue any permits needed to do the work in the specified Certificate. Certificate of Demolition Approval. An official form issued by the City authorizing the issuance of a demolition permit for a designated historic property or for a building or structure located in a designated historic district. Certificate of Economic Hardship. An official form issued by the City, in connection with a Certificate of Demolition Approval, that allows the demolition of a designated historic property as the owner has demonstrated that maintaining it will impose an economic hardship. Contributing Resource. A building, site, structure or object that adds to the historic associations, historic architectural qualities or archaeological values for which a property or district is considered significant Designated Property. A property listed on the Aspen Inventory of Historic Landmarks Sites and Structures. 10 Historic District. A collection, concentration, linkage or continuity of buildings, structures, sites or objects united historically or aesthetically by plan or physical development. Integrity. The ability of property to convey its significance relative to the aspects of location, setting, design, materials, workmanship and association. Monitoring Committee. A subcommittee appointed by the Historic Preservation Commission of up to two (2) Commission members and the Historic Preservation Officer to provide oversight in the implementation of rehabilitation. Non - contributing Resource. A building, structure, site or object that does not add to the historic architectural qualities or historic associations for which a property or district is significant because it was not present during the period of significance or does not relate to the documented significance; or due to alterations, additions, disturbances or other changes, it no longer possesses historic integrity. Object. A term used to distinguish buildings and structures from those constructions that are primarily artistic in nature or small in scale and simply constructed. It may be by nature or design movable, but it is associated with a specific setting and environment. Rehabilitation. Making a building or structure sound and usable without attempting to restore it to a particular period appearance while retaining the character- defining features. Relocation. Moving a building or structure from its original, historically significant, or existing location to another location. Repair. To restore to a sound or good state after decay, dilapidation or partial destruction. Restore. The repair or re- creation of the original architectural elements or features of a historic property so that it resembles an appearance it had at some previous point in time. Significance. The documented importance of a property for its contribution to or representation of broad patterns of national, regional or local history, architecture, engineering, archaeology and culture. Site. The location of a significant event, a prehistoric or historic occupation or activity or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure. Structure. A term used to distinguish from buildings those functional constructions made for purposes other than creating human shelter. 26.415.030 Designation of Historic Properties The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City of Aspen, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. The Aspen Inventory of Historic Landmarks Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and 11 objects located in Aspen that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. The location of properties listed on the Inventory are indicated on maps on file with the Community Development Department. B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will be evaluated according to the following criteria: 1. A property is deemed significant for its antiquity, in that it is: a. More than 100 years old; and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age or 2. A property, whatever its age, that possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history; b. People whose specific contribution to local, state, regional or national history is deemed important and be identified and documented; c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. C. Application The property owner(s), the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a building, district, site, structure or object on the Aspen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property or collection of properties shall include the following: 1. The applicable information required in Section 26.304.030(B)(1),(2),(3) and (4). 2. Site or historic district boundary map. 3. Property or district description including narrative text, photographs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character- defining features that distinguish the entity which should be preserved. D. Review, Public Hearings & Notice. 1. An application for designation on the Aspen Inventory of Historic Landmark Sites and Structures will be transmitted to the Community Development Director 12 to determine if the application is complete. For applications filed with sufficient information, a report will be prepared by City staff for transmittal to the HPC with the relevant information on the proposed historic property or district with a recommendation to approve or disapprove and the reasons for the recommendation. 2. A date for a public hearing on a complete application will be scheduled before the HPC. Notice of the hearing shall be provided according to the provisions of Section 26.304.060.E3 (a)(b)(c) except when the HPC or City Council is the applicant. When the HPC or City Council is the applicant, notice of the hearing will be mailed to the property owner(s) within 300 feet of the property and posted on the subject property for at least thirty (30) days prior to the hearing. Notice to the property owner shall be by registered mail. In the event that there is no evidence that the property owner received actual notice, the HPC may specify that additional measures be taken. 3. The HPC shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The HPC may recommend approval, disapproval or continuance of the application to request additional information necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. 4. Upon receipt of the decision, report and recommendations of the HPC, the City Council shall schedule a hearing on the application in accordance with the notice requirements for adopting an ordinance. Council shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The Council may approve, disapprove or continue the application to request additional information necessary to make a decision to approve or deny. 5. If an application is denied, the HPC or City Council may not file a reapplication for designation on the Aspen Inventory of Historic Landmark, Sites and Structures for five (5) years from the date of the City Council disapproval. 26.415.040 Recordation of Designation Upon the effective date of an ordinance by City Council designating a property on the Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance including a legal description of the property. The location of properties designated by ordinance also shall be indicated on the official maps of the City that are maintained by the Community Development Department. 13 26.415.050 Rescinding Designation A. Application and Review. An application for the removal of a property from the Aspen Inventory of Historic Landmark Sites and Structures shall follow the same submission requirements and review procedures as for designation described in this Chapter except that with respect to Section 26.415.030(C)(4) an explanation shall be provided describing why the property no longer meets the criteria for designation . The HPC and City Council shall determine if sufficient evidence exists that the property no longer meets the criteria for designation and, if so, shall remove the property from the Inventory. B. Reapplication. If a request for rescinding designation is denied, an application cannot be filed again for a period of two years from the date of the denial by the City Council. The time limitation of this subsection may be waived by a majority vote of the City Council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City of Aspen. 26.415.060 Effect of Designation A. Approvals Required Any development involving properties designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual building or located in a historic district, unless determined exempt, requires the approval of a Development Order and either a Certificate of No Negative Effect or a Certificate of Appropriateness before a building permit or any other work authorization will be issued by the City. B. Design Guidelines 1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen Historic Preservation Design Guidelines, in accordance with the procedures for notice and public hearings set forth in Section 26.304.060.E (3)(a). These guidelines set forth the standards necessary to preserve and maintain the historic and architectural character of designated properties and districts. The standards apply to the exterior features and/or notable streetscape and landscape elements of the designated historic property and/or district. These guidelines are intended to offer assistance to property owners undertaking construction, rehabilitation, alterations, changes in exterior appearance or any other development involving designated historic properties or districts. The guidelines will be periodically reviewed by the HPC and amended at a public hearing, as needed. 2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on file with the Community Development Department, will be used in the review of requests of Certificates of No Negative Effect or Certificates of Appropriateness. Conformance with the applicable guidelines and the Common Development Review Procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work. C. Special Consideration 14 1. To preserve and maintain the historic and architectural character of designated properties, the HPC or City Council may approve variations from the dimensional requirements set forth in the Land Use Code and may make recommendations to the Chief Building Official who has the authority to grant certain exceptions from the Uniform Building Code (UBC) through the provisions of the Uniform Code for Building Conservation (UCBC). These modifications may not change the applicable safety and permit requirements and must also follow the procedures provided for modifications set forth in the UCBC. 2. Designated historic properties are eligible for and have priority to participate in City programs related to financial, developmental or technical assistance that will serve to preserve, maintain or enhance their historic and architectural character. 3. All City authorities, including City Council, are authorized to grant economic and developmental benefits to designated historic properties or grant these benefits conditional upon the subsequent designation of the property. 26.415.070 Development involving Designated Historic Property No building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a Development Order. A. Exempt Development 1. Selected activities are exempted from the development review procedures including interior remodeling, paint color selection, exterior repainting or replastering similar to the existing finish or routine maintenance such as caulking, replacement of fasteners, repair of window glazing or other such minimally intrusive work. 2. If there is any question if a work activity qualifies as exempt the Community Development Director shall make the determination as to its eligibility. B. Certificate of No Negative Effect 1. An application for a Certificate of No Negative Effect may be made to the Community Development Director for approval of work that has no adverse effect on the physical appearance or character - defining features of a designated property. An application for a Certificate of No Effect may be approved by the Community Development Director with no further review if it meets the requirements set forth in the following Section 26.415.070 (B)(2): 2. The Community Development Director shall issue a Development Order based upon a Certificate of No Negative Effect within fourteen (14) days after receipt of a complete application if: 15 a. It is determined that the activity is an eligible work item and meets the City of Aspen Historic Preservation Design Guidelines, and b. Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner /applicant, and c. The proposed work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property or historic district in which it is located. 3. An application for a Certificate of No Negative Effect shall include the following: a. The general application information required in Section 26.304.030. b. Elevations or drawings of the proposed work. c. Photographs, building material samples and other exhibits, as needed, to accurately depict location, extent and design of proposed work. d. Verification that the proposal complies with Section 26.410, Residential Design Standards. 4. The following work shall be considered for a Certificate of No Negative Effect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure. b. Replacement or repair of architectural features that restores the building or structure to its historic appearance. c. Installation of awnings, or similar attachments provided no significant feature is damaged, removed or obscured by the installation. d. Fencing that has no adverse effect on the historic or architectural character of the property. e. Mechanical equipment or accessory features that have no impact on the character- defining features of the building or structure. f. Signs which have no effect on the character - defining features of the historic property. g. Alterations to non - contributing buildings within historic districts that have no adverse effect on its historic or architectural character. h. Alterations to no more than two elements of non -primary facades of a designated building. 5. The Development Order and associated Certificate of No Negative Effect shall expire and become null and void after three (3) years from the date of issuance by the Community Development Director unless a building permit is issued within that time. 6. In the event that the Community Development Director determines that the issuance a Certificate of No Negative Effect is not appropriate, the owner may apply for a Certificate of Appropriateness from the HPC. C. Certificate of Appropriateness for a Minor Development 1. The review and decision on the issuance of a Certificate of Appropriateness for Minor Development shall begin with a determination by the Community Development Director 16 that the proposed project constitutes a Minor Development. Minor Development work includes: a. Expansion or erection of a structure wherein the increase of the floor area of the structure is two hundred and fifty (250) square feet or less, or b. Alterations to a building facade, windows, doors, roof planes or material, exterior wall materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or fewer elements are affected and the work does not qualify for a Certificate of No Negative Effect, or c. Erection or installation of a combination or multiples of awning, canopies, mechanical equipment, fencing, signs, accessory features and other attachments to designated properties such that the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect, or d. Alterations that are made to non - historic portions of a designated historic property that do not qualify for a Certificate of No Negative Effect, or e. The erection of street furniture, signs, public art and other visible improvements within designated historic districts of a magnitude or in numbers such that the cumulative impact does not allow for the issuance of a Certificate of No Negative Effect. The Community Development Director may determine that an application for work on a designated historic property involving multiple categories of Minor Development may result in the cumulative impact such that it is considered a Major Development. In such cases, the applicant shall apply for a Major development review in accordance with Section 26.415.070 (D). 2. An application for Minor Development shall include the following: a. The general application information required in Section 26.304.030. b. Scaled elevations and/or drawings of the proposed work and its relationship to the designated historic buildings, structures, sites and features within its vicinity. c. An accurate representation of all building materials and finishes to be used in the development d. Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. e. Verification that the proposal complies with Section 26.410, Residential Design Standards, or a written request for a variance from any standard that is not being met. 3. The procedures for the review of Minor Development projects are as follows: a. The Community Development Director will review the application materials and if they are determined to be complete, schedule a public hearing before the HPC. The subject property shall be posted pursuant to Section 26.304.060(E)(3)(b). b. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, 17 disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. c. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. d. The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. D. Certificate of Appropriateness for Major Development 1. The review and decision on the issuance of a Certificate of Appropriateness for Major Development shall begin with a determination by the Community Development Director that the proposed project constitutes a Major Development. A Major Development includes one or more of the following activities: a. The construction of a new structure within a historic district; and/or b. Alterations to more than three (3) elements of a building facade including its windows, doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase, balcony or ornamental trim; and/or c. The expansion of a building increasing the floor area by more than two hundred and fifty (250) square feet; and/or d. Any new development that has not been determined to be Minor Development. 2. The procedures for the review of Major Development projects include a two -step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. If a Major Development project involves additional City Land Use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Section 26.304.060 (B). 3. Conceptual Development Plan Review a. An application for a Conceptual Development Plan shall include the following: 1. The general application information required in Section 26.304.030. 2. A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements and predominant site characteristics. 3. Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. 4. Preliminary selection of primary building materials to be used in construction represented by samples and/or photographs. 5. Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at 18 least one (1) of the following: diagrams, maps, photographs, models or streetscape elevations. 6. Verification that the proposal complies with Section 26.410, Residential Design Standards, or a written request for a variance from any standard that is not being met. b. The procedures for the review of Conceptual Development Plans for Major Development projects are as follows: 1.The Community Development Director shall review the application materials submitted for Conceptual or Final Development Plan approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Section 26.304.060(E)(3)(a),(b), and (c). 2. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 3. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. c. The effect of approval of a Conceptual Development Plan is as follows: 1. Approval of a Conceptual Development Plan shall not constitute final approval of a Major Development project or permission to proceed with the development. Such authorization shall only constitute authorization to proceed with the preparation of an application for a Final Development Plan. 2. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. If the applicant chooses to makes substantial amendments to the Conceptual Design after it has been approved, a new Conceptual Development Plan hearing shall be required. 3. Unless otherwise specified in the Resolution granting Conceptual Development Plan approval, a development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause 19 shown, grant a one -time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 4. Final Development Plan Review a. An application for a Final Development Plan shall include: 1. The general application information required in Section 26.304.030. 2. Final drawings of all proposed structures(s) and/or addition(s) included as part of the development at %1' = 1.0' scale 3. An accurate representation of all major building materials to be used in the development, depicted through samples or photographs. 4. A statement, including narrative text or graphics, indicating how the Final Development Plan conforms to representations made or stipulations placed as a condition of the approval of the Conceptual Development Plan. b. The procedures for the review of Final Development Plans for Major Development projects are as follows: 1.The Community Development Director shall review the application materials submitted for Final Development Plan approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. Notice of the hearing shall be provided pursuant to Section 26.304.060(E)(3)(a),(b) and (c). 2. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code- Sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 3. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. 4. A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.130 and no permit will be issued for construction of the project until the thirty (30) day "call up" period by City Council has expired. 5. Before an application for a building permit can be submitted, a final set of plans reflecting any or all required changes by the HPC or City Council must be on file with the City. Any conditions of approval or outstanding 20 issues which must be addressed in the field or at a later time shall be noted on the plans. E. Amendments, Insubstantial and Substantial There are two processes for amending plans approved pursuant to a Development Order and an associated Certificate of Appropriateness. All requests for amendments, insubstantial or substantial, must be in writing and accompanied by drawing(s) and elevations as specified below. 1. Insubstantial Amendments a. Insubstantial amendments are minor modifications to HPC approved plans that: 1. Address circumstances discovered in the course of construction that could not have been reasonably anticipated during the approval process, or 2. Are necessary for conformance with building safety or accessibility codes and do not materially change the approved plans, or 3. Approve specific building materials, finishes, design of ornamental trim and other such detail not provided in the HPC approved plans, or 4.Change the shape, location or material of a building element or feature but maintains the same quality and approximate appearance of that found in the approved plans. b. The Community Development Director may authorize insubstantial amendments to approved plans. c. Monitoring Committees established by the HPC, composed of up to two members of the Commission and the Historic Preservation Officer or assign, may also authorize insubstantial amendments. d. Decisions of the Community Development Director or Monitoring Committee are binding. The Community Development Director or Monitoring Committee may determine that the proposed changes qualify as a substantial amendment and remand the matter to the HPC. e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC to be considered in accordance with the procedures for substantial amendments. f. Approval of insubstantial amendments of plans will be reported to the HPC at their regularly scheduled meetings. 2. Substantial Amendments a. All changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment. b. An application for a substantial amendment shall include the following materials, as determined appropriate by the Community Development Director: 1. A revised site plan 2. Revised scaled elevations and drawings 3. Representations of building materials and finishes 4. Photographs and other exhibits to illustrate the proposed changes c. The Community Development Director shall review the application materials submitted for approval of a substantial amendment and waive any submittals not 21 considered necessary for consideration.. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. d. Notice for the review of an application for a substantial amendment will include publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b)(c). e. Staff shall review the submittal material and prepare a report that analyzes the extent of the changes relative to the approved plans and how the proposed revisions affect the project's conformance with the design guidelines and other applicable Land Use codes. This report will be transmitted to the HPC with relevant information on the proposed revisions and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. f. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. 26.415.080 Demolition of Designated Historic Properties It is the intent of this ordinance to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently no demolition of properties designated on the Aspen Inventory of Historic Landmark Sites and Structures will be allowed unless approved by the HPC in accordance with the standards set forth in this section. A. Procedures for Considering Requests for Demolition of Designated Properties. 1. An application for a demolition permit for designated properties will be filed with or referred to the Community Development Director by the Chief Building Official. The applicant will be provided a written response within fourteen (14) days of the request for a demolition permit describing the submittal materials needed for consideration. 2. An application for demolition approval shall include: The general application information requested in Section 26.304.030 and written documentation that the Chief Building Official has determined the building an imminent hazard, or Narrative text, graphic illustrations or other exhibits that provide evidence that the building, structure or object is of no historic or architectural value or importance. 3. When complete application materials are on file, a public hearing before the HPC shall be scheduled. Notice for the hearing will include publication, mailing and posting pursuant to Section 26.304.060 (E)(3)(a)(b) and (c). The staff shall review the submittal material and prepare a staff report that analyzes the request relative to the criteria for approval. 22 4. The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner /applicant is unable to make the needed repairs in a timely manner, or b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, or c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and d. Demolition of the structure will be inconsequential to the historic preservation needs of the area. 5. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to consider the demolition request. 6. If the HPC approves the demolition request then a resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.120 and no demolition permit will be issued until the thirty (30) day "call up" period by City Council has expired. 7. If the demolition request is denied because it does not meet the aforementioned standards, the applicant may request demolition approval based upon a finding of "Economic Hardship," as set forth below. 8. Before a demolition permit will be issued, a Certificate of Appropriateness for the redevelopment or reuse plan, as provided for in Section 26.415.070(D), must be approved. When a demolition permit must be issued because the building, structure or object is an imminent hazard, or because of the issuance of a Certificate of Economic Hardship, the permit may be received prior to the approval of an acceptable reuse plan. B. Procedures for Obtaining a Certificate of Economic Hardship 1. Purpose: It is the policy of the City of Aspen to respect private property rights. The City recognizes, therefore, that there may be some circumstances in which the operation 23 of this ordinance could create an undue economic hardship. This provision is created to provide property owners with a means of demonstrating that such a hardship may exist, and that they should be allowed to demolish a designated historic property because of that hardship. It is the intent of this provision to insure that no private property is taken without just compensation. 2. Standard of Review The standard of review for a determination of economic hardship will be whether refusing to allow the property owner to demolish the property would result in a violation of the prohibitions of the U.S. and Colorado Constitutions against taking of private property for public use without just compensation as those prohibitions are interpreted by the courts of Colorado and the United States. In applying the standards the economic benefits of financial, developmental and technical assistance from the City and the utilization of any federal and state rehabilitation tax credit programs may be considered. 3. Application: a.. The property owner seeking a Certificate of Economic Hardship must provide sufficient information to support the application for a hardship determination. The HPC shall maintain a written policy statement identifying the types of materials required for the consideration of an application for Certificate of Economic Hardship. Different submittal materials may be required depending upon whether the property is residential, commercial or otherwise held for income producing purposes. Necessary studies, evaluation and the compilation of required information will be conducted by the owner at his or her expense. b.. Upon receiving a request for a Certificate of Economic Hardship, the Community Development Director shall provide a written response within fourteen (14) days as to the submittal materials required. c. Within five (5) days after receipt of an application for a Certificate of Economic Hardship, the Community Development Director shall determine whether the application is complete. If he or she determines that the application is not complete, the Director shall notify the applicant in writing of the deficiencies. The Director shall take no further steps to process the application until the deficiencies have been remedied. d. The application fee shall be set to defray all costs of the review process, including the fees of an independent hearing officer. 4. Administrative Process a. When the application is complete, the Community Development Director will refer the application to the Historic Preservation Officer and the City Attorney for review. The Historic Preservation Officer and City Attorney shall jointly prepare a report setting forth the City's response. b. In the event the City response concludes that the application does not demonstrate a case of economic hardship, the application will be set for a public hearing before a hearing officer. 24 c. The hearing officer will be contracted by the City to conduct an impartial quasi-judicial hearing on the question of economic hardship. The Officer shall have sufficient legal and technical experience to conduct a fair hearing in accordance with appropriate standards of due process. The application, all support materials and the City's report shall be provided to the Hearing Officer in advance of the hearing. At the hearing, the applicant will be provided with an opportunity to present his application, and may be represented by counsel. The City position will be presented by the City Attorney. 5. Appeal An applicant may appeal the decision of the hearing officer to District Court pursuant to Rule 106 of the Colorado Rules of Civil Procedure. C. Procedures for Considering Request for Demolition of Properties Under Consideration for Designation. While it is the intent of this ordinance to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. A. No demolition will be permitted for properties under consideration for designation to the Aspen Inventory of Historic Landmark Sites and Structures unless demolition approval is issued by the Historic Preservation Commission or City Council. B.A11 properties under consideration for designation and, therefore, subject to the temporary stay of demolition will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. C. These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. D. If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will expire. An additional six -month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.090 Relocation of Designated Properties The intent of this ordinance is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical 25 relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. A. Application An application for relocation shall include: 1. The general application information required in Section 26.304.030. 2. A written description and/or graphic illustrations of the building, structure or object proposed for relocation. 3. A written explanation of the type of relocation requested (temporary, on -site or off -site) and justification for the need for relocation. 4. A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the physical move and its rehabilitation needs, once relocated. 5. A conceptual plan for the receiving site providing preliminary information on the property boundaries, existing improvements and site characteristics and the associated planned improvements. 6. If the applicant does not own the receiving site, proof from the site's property owner of the willingness to accept the relocated building, structure or object. 7. Evidence that the applicant has or is seeking the necessary approvals to place the building on the identified receiving site. If the site is outside of the City limits, verification that the building will be preserved on its new site through a formal action of the other jurisdiction or a preservation easement. 8. Evidence of the financial ability to undertake the safe relocation, preservation and repair of the building, structure or object; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate. 9. Supplementary materials to provide an understanding of the larger context for the relocated property and its impact on adjacent properties, the neighborhood or streetscape. B. Procedures for the Review of Relocation Request 1. The Community Development Director shall review the application materials submitted for relocation approval. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. 2. Notice for the review of the Relocation Request shall include publication, posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b) and (c). 3. If the relocation request is part of a Major Development project, the Community Development Director may consolidate or modify the review process accordingly pursuant to Section 26.304.060 (B). 4. Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the Standards for Relocation approval set forth below, the City of Aspen Historic Preservation Design Guidelines and other applicable 26 Land Use code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine if the standards for relocation have been met. 5. The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. 6. A resolution of the HPC action will be forwarded to the City Council in accordance with Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up" period of the City Council has expired. C. Standards for the Relocation of Designated Properties Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a non - contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. D. Procedures for Considering Request for Relocation of Properties Under Consideration for Designation. While it is the intent of this ordinance to preserve properties of demonstrated significance, it is also recognized that all buildings and areas of importance to the general welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented and designated at one time. However, it is important to protect properties which potentially qualify for designation against needless loss until review and hearings can be completed. A. No relocation will be permitted for properties under consideration for 27 designation to the Aspen Inventory of Historic Landmark Sites and Structures unless relocation approval is issued by the Historic Preservation Commission or City Council. B. All properties under consideration for designation and, therefore, subject to the temporary stay of relocation will be identified on a list maintained by the Chief Building Official. Property owners will be notified by registered mail that their property is under consideration for designation and have an opportunity to review all materials compiled at that time to verify accuracy. C. These procedures shall apply to any building located within an area under preliminary application for designation from the time the application is filed until the time action is taken on the application by the City Council. D. If a public hearing to consider the application for designation is not held by the City Council within six (6) months of the initiation of the stay, the stay will expire. An additional six -month stay period may be approved by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.100 Demolition by Neglect It is the intent of this ordinance to address the range of circumstances that affect the preservation of the community's significant historic and architectural resources. It is further recognized that many historic buildings and structures are lost because of deterioration from lack of maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is the same: the loss of community assets. Consequently, it is declared that the exterior features of any designated building or structure shall be preserved against decay and deterioration and kept free from structural defects. The designated structures shall receive reasonable care, maintenance and upkeep appropriate for their preservation, protection, perpetuation and use. A. Standards for Reasonable Care and Upkeep 1. The owner, or such other person who may have legal possession, custody, and control thereof of a designated property shall, upon written request by the City, repair the following exterior features if they are found to be deteriorating, or if their condition is contributing to deterioration such that it is likely to compromise the building's structural integrity or as to create or permit the creation of any hazardous or unsafe condition to life, health or other property. These features include, but are not limited to: a. Deterioration of exterior walls, foundations, or other vertical supports that causes leaning, sagging, splitting, listing, or buckling. b. Deterioration of flooring or floor supports, or other horizontal members that causes leaning, sagging, splitting, listing or buckling. c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or buckling. 28 d. Deterioration or crumbling of exterior plasters or mortars. e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors. f. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint or weathering due to lack of paint or other protective covering. g. Rotting, holes and other forms of decay. h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornamental trim and other architectural details that cause delamination, instability, loss of shape and form or crumbling. B. Enforcement Procedures 1. The HPC may file a petition listing specific defects, in accordance with Section 26.415.110 (A), with the Chief Building Official, requesting that the official act under the following procedures to require the correction of the defects or repairs to designated properties: 2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct personal contact with the owner or other such persons having legal possession, or custody and/or his representative. If personal contact cannot reasonably be accomplished, then written notification of the specific defects purported by the HPC and a request to inspect the property within 10 days will be mailed to the owner and other such persons having legal possession, custody and control and will be posted at a conspicuous location appropriate to the identified defects. In the written notification the Chief Building Official shall document the nature of the specific defects and the corrective action ordered. 3. After receiving agreement from the owner, his representatives or other such persons having legal possession, custody and control of the property for an inspection, the Chief Building Official and the HP Officer shall within ten (10) working days conduct an investigation and prepare a written report determining whether the property requires work to address conditions set forth in Section 26.415.100 (A)(1). 4. If the property is found to contain conditions needing correction, the owner, his representative or other such persons having legal possession, custody and control of the property will be served within fourteen (14) days with a complaint identifying the property deficiencies and providing notice that a hearing will be held before a Hearing Officer of the City within forty-five (45) days. The purpose of the hearing is to: a. Receive evidence concerning the charge of deterioration, and b. Develop a plan and schedule for making the needed repairs in a timely fashion, such that the building is stabilized and the deterioration is arrested, and c. Ascertain whether the owner or other parties intend to make application for financial assistance from the City to correct the building defects. 5. Following such notice and hearing, the Hearing Officer will make a determination if there are any corrections required pursuant to Section 26.415.110 29 • (A)(1) and shall state in writing the findings of fact in support of that determination. If it is determined that the building or structure is undergoing deterioration or if its condition is contributing to deterioration, the owner or other parties of interest will be served an order to repair those defective elements of the structure within a reasonable specified time frame. 6. If the owner fails to make the necessary repairs within the identified time frame, the City may undertake the work to correct the deficiencies that create any hazardous and unsafe conditions to life, health and property. The expense of this work will be recorded as a lien on the property. C. Appeal Within 30 days, the owner may appeal the decision of the Hearing Officer to the Board of Appeals and Examiners pursuant to the process established in Section 8.08 of the Aspen Municipal Code. 26.415.120 Benefits The City of Aspen is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. A complete list of benefits available to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may be found in Section 26.420. A. Historic Landmark Lot Split This provision provides an exemption from the Subdivision and Growth Management Quota System, pursuant to 26.480.030 and 26.470.070, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. 1. An application for a lot split of a designated historic property may be filed by the owner by providing the standard information required in Section 26.304. 2. The procedure for the review of a historic lot split application is a two -step process including a public hearing before the HPC and the City Council. Notice for these hearings includes publication, mailing and posting pursuant to Section 26.304.060 (E)(3) (a)(b) and (c). 3. Staff will review the submittal material and prepare a report with relevant information and a recommendation to continue, approve, approve with conditions or disprove and the reason for the recommendation. 4. The HPC may approve a resolution, recommending that City Council approve, approve with conditions or disapprove the application. 5. The City Council may, by ordinance, approve, approve with conditions or disapprove the application. B. Variances 30 9 W r Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use code for designated properties to allow: a. Development in the side, rear and front setbacks; b. Development that does not meet the minimum distance requirements between buildings; c. Up to five (5) percent additional site coverage; d. Less open space than required for the on -site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. C. Parking Parking reductions are permitted for designated historic properties on sites unable to contain the number of on -site parking spaces required by the underlying zoning. Commercial designated historic properties may receive waivers of payment -in -lieu fees for parking reductions. 1. The parking reduction and waiver of payment -in -liue fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. D. Conditional Uses A variety of conditional uses are allowed for designated historic properties. These uses are identified in Section 26.710 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; and 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 and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or 31 f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). 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. E. Exemption from Growth Management Quota System Requirements Certain types of development on designated historic properties are exempt from the Growth Management Quota System and have reduced impact mitigation requirements. Refer to Section 26.470(C) and (D) for further information. F. Waiver of Fees Designated historic properties may apply for the waiver of various City fees if it can be demonstrated the waiver shall assist in the preservation of the designated historic property. 26.415.120 Appeals, Notice to City Council and Call Up A. Appeal Any action by the HPC in approving, approving with conditions or disapproving a development order and an associated Certificate of Appropriateness for Major Development, Demolition Approval, or Relocation Approval may be appealed to the City Council by the applicant or a property owner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. B. Notice to City Council Following the adoption of a resolution approving, approving with conditions or disapproving a development application for a Certificate of Appropriateness for Major Development, Demolition Approval or Relocation Approval of a designated property, the HPC shall promptly notify the City Council of its action to allow the City Council an opportunity to avail itself of the Call Up procedure set forth in Section 26.415.120(C and (D). 32 6 ^n w <✓ i t C. Call Up The City Council may order Call Up of any action taken by the HPC as described in Section 26.415.070 within thirty (30) days of the decision, action or determination. Consequently no associated permits can be issued during the 30 -day call up period. D. City Council Action on Appeal or Call Up The City Council shall consider the application on the record established before the HPC. The City Council shall affirm the decision of the HPC unless there is a finding that there was a denial of due process, or the HPC has exceeded its jurisdiction or abused its discretion. The City Council shall take such action as is deemed necessary to remedy said situation, including, but not limited to: 1. Reversing the decision, 2. Altering the conditions of approval, 3. Remanding the application to the HPC for rehearing. The Chair, Vice -Chair or a member of the HPC shall be present at the appeal hearing. 26.415.130 Variances by other City Review Bodies If an application for a variance involving a designated property is before the Board of Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to make a written recommendation as to its approval. The Board of Adjustment or the Planning and Zoning Commission will not take action on said development application for a variance pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. 26.415.140 Penalties Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject to the general penalty provisions of this Title. A. Additional Penalties Additional penalties for the violation of Sections 26.415.070 through 26.415.100 include: 1. Any person who constructs, alters, relocates, changes the appearance or demolishes a designated property in violation of any section may be required to restore the building, structure or setting to its appearance prior to the violation. 2. Following notice and public hearing, the HPC shall prohibit the owner, successor, or assigns from obtaining a building permit for the subject property for a period of up to ten (10) years from the date of the violation. The City shall initiate proceedings to place a deed restriction on the property to ensure enforcement of this penalty. The property owner shall be required to maintain the property during that period of time in conformance with the Standards for Reasonable Care and Upkeep set forth in Section 26.415.100(A). 3. Any variances or historic preservation benefits previously granted to the property may be subject to revocation. 33 Section 8: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby repeals Section 26.420 of the Aspen Municipal Code in its entirety. Section 9: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.430.040 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.430.040 Review standards for special review. D. Increase of Floor Area. Whenever a special review is conducted to determine an increase in the extemal Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 1. A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent of the additional floor area intended for other uses. 2. The development complies with the dimensional requirements criteria of Section 26.430.040(A) above. 3. For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, the affordable housing portion of the additional floor area may be provided either off -site or via a cash -in -lieu payment, if the following criteria are met: a. In order to ensure the addition is compatible with the historic structure in terms of design, scale, site plan, massing, or volume, on -site affordable housing mitigation is undesirable. b. Any off site affordable housing mitigation is provided at a level meeting or exceeding the provisions of Section 26.470.070(D)(5). c. The amount of non - affordable housing floor area does not exceed forty (40) percent of the additional Floor Area Ratio allowed by Special Review. Section 10: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.470 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.470.070 Exemptions A. Remodeling, restoration, or reconstruction of existing buildings 34 '., 3. Replacement of structures listed on the Aspen Inventory of Historic Landmark Sites and Structures. A structure included on the Aspen Inventory of Historic Landmark Sites and Structures may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for a replacement structure on its original site to be exempted from the growth management competition and scoring procedures, provided that the structure is designated on the Aspen Inventory of Historic Landmark Sites and Structures in its new location and all necessary development approvals are obtained from HPC and the Planning and Zoning Commission. 26.470.070(C) and (D) C. Historic Landmark Lot Split The construction of each new single - family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(A)(4). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. D. Properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 1. Chanze of use. The change of use of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures that does not increase the building's existing floor area ratio shall be exempt. This exemption shall not be deducted from the respective annual development allotments or from the Aspen Metro Area development ceilings. Exemption review is by the Community Development Director. 2. Enlargements for additional dwelling and tourist accommodations units. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures that develops, on a maximum cumulative basis: (a) not more than one residential dwelling or three hotel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units. This exemption shall be deducted from the respective annual development allotments and from the Aspen Metro Area development. Exemption review is by the Community Development Director. (b) more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. 35 . . 3. Enlargement for use as a commercial or office development. a. No increase in FAR or net leasable square footage. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures intended to be used as a commercial or office development which does not increase either the building's existing floor area ratio or its net leasable square footage; or (2) The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both, shall be exempt. Review is by the Community Development Director. b. Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a property listed on the Aspen Inventory of Historic Landmark Sites and Structures to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by the Growth Management Commission for an exemption. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. Upon a recommendation from the Growth Management Commission, City Council may waive, reduce, or defer the affordable housing mitigation as required, pursuant to subsection 5(a) below, when it finds that no employees will be generated. 4. Enlargements for mixed -use development. The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub - Section 5, below. 5. Standards for exemptions for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. To be eligible for the exemptions of sub - Sections (2)(b), (3)(b) and (4) above, the applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (a) Affordable housing. (1) For an enlargement to the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the applicant shall provide affordable housing at one hundred (100) percent of the level that would meet the threshold required in Section 26.470.080(C)(5) for the applicable use. For each one percent reduction in floor area 36 below the maximum permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent. (2) The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. (3) Any affordable housing provided by the applicant shall be restricted to the housing designee's Category 3 price and income guidelines, as set forth in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Any affordable housing shall comply with the standards for affordable housing set forth in the Aspen/Pitkin County Housing Guidelines. (b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if the Historic - Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Chapter 26.415, if applicable. Any parking that cannot be located on -site and that would therefore be required to be provided via a cash -in -lieu payment shall be waived. (c) Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Growth Management Commission. (d) Compatibility. The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area. 26.470.090(B)(4) Growth management scoring criteria- Residential and Tourist Accommodations, Scoring 4. Maintaining design quality. historic compatibility and community character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well -being and cultural heritage. Public architecture should support and enhance community life. The goal of this sub - Section is to ensure the maintenance of community character through design quality and compatibility with historic features. 37 • There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. restoring properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; b. improving and maintaining the appearance and function of alleys for commercial, office and residential uses; c. ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; d. including porches or other "pedestrian- friendly" features; e. retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; ensuring the site's usability for social activities. Section 11: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.480.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.480.030 Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single - family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.480.030(A)(2) and (4), section 26.470.070(C), and section 26.415.120(A) of this Code, and the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R -6, R -15, R -15A, RMF, or 0 zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. 38 In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R -6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R -6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Section 12: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.500.050 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.500.050 Procedure. B. City Council Determination of Eligibility. Following a public hearing in accordance with Section 26.304.060(C), the City Council shall by resolution (a) make a determination whether the proposed development is reasonably necessary for the convenience and welfare of the public by applying the standards of Section 26.500.040; (b) establish a procedure for review of the proposed project to include standards of review; (c) establish a Task Force Team to review the development proposal and identify members of City boards, commissions, and other interested parties, (including at least two (2) members of the public at large) to be included as members of the Task Force Team, which shall include representation by the Planning and Zoning Commission; and, (d) establish a timeframe for the procedures to be used to review the proposed development. If the proposed project proposes development subject to Chapter 26.415, Development involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District, the City Council shall include in the review procedures the requirement for an application for review of the eligible project to the Historic Preservation Commission in accordance with the 39 applicable sections of the Land Use Code. The City Council may, in appropriate circumstances, include as part of the review process it adopts a separate referral to the Planning and Zoning Commission, or any other City board and commission for their separate review and recommendation. Should the City Council determine that the proposed development is not reasonably necessary for the convenience and welfare of the public, the application shall be reviewed in accordance with the applicable sections of this Land Use Code. The City Council may amend the resolution at any time upon the request of the applicant, the Community Development Director, or upon its own motion. Section 13: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.510.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.510.030 Procedure for sign permit approval. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. Section 14: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.515.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.515.030 Required number of off - street parking spaces. The off - street parking spaces established below shall be provided for each use in the zone district. Whenever the off - street parking is subject to establishment by adoption of a Planned Unit Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development. Whenever the parking requirement is subject to special review or may be provided via a payment in lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the standards set forth at Section 26.515.040, below. 40 . s Uses Zone District Lodge Residential All Others R6 Special Review * Special Review R15 Special Review * Special Review R -15A N/A * Special Review R -15B N/A * N/A R -30 N/A * Special Review R -MF Special Review * Special Review MHP N/A * Special Review AH/PUD N/A ** N/A RR N/A * Special Review CC 0.7 space/bedroom, * 2 spaces /1,000 sq. ft. of may be provided via net leasable area, may payment -in -lieu be provided via payment -in -lieu C -1 N/A * 1.5 spaces /1,000 sq.ft. of net leasable area, may be provided via payment -in -lieu S /C/I N/A * Fewer spaces may be All other uses: 1.5 provided pursuant to spaces/1,000 square chapter 26.425, feet of net leasable area Conditional Use unless otherwise Review. established through Special Review pursuant to Chapter 26.430. NC N/A * 4 spaces/1,000 sq.ft. of net leasable area 0 N/A * 3 spaces/1,000 square feet of net leasable area; fewer spaces may be provided by via payment -in -lieu, but no fewer than 1.5 space /1,000 square feet of net leasable area on -site. L/TR 0.7 space/bedroom, * 4 spaces/1,000 sq.ft. of which 0.2 net leasable area, may space/bedroom may be be provided via provided via payment- payment -in -lieu. in -lieu. CL 0.7 space/bedroom, * 2 spaces/1,000 sq.ft. of which 0.2 net leasable area which 41 space/bedroom may be may be provided via provided via payment- payment -in -lieu. in -lieu. LP 1 space/bedroom * 4 spaces/1,000 sq.ft. of net leasable area. C N/A * Special Review A N/A * Special Review P 1 space/bedroom * Special Review PUB N/A * Special Review Transportation N/A * Underlying Zone Overlay District Drainage N/A N/A Underlying Zone Overlay District Golf Course Underlying Zone N/A Underlying Zone Support District District Lodge 1 space/bedroom * Underlying Zone District LP Overlay 0.7 spaces/bedroom *, unless otherwise 4 spaces /1000 square unless otherwise established pursuant to feet of net leasable established pursuant to Section 26.445, area, unless otherwise Section 26.445, Planned Unit established pursuant to Planned Unit Development. Section 26.445, Development. Planned Unit Development. *For single - family and duplex residential use and multi - family use: two (2) spaces/dwelling unit. Fewer : - .. _ . • . spaces may be provided pursuant to Chapter 26.520, for accessory dwelling units only. One (1) space /dwelling unit is required if the unit is either a studio or one- bedroom unit. ** Residential uses in AH/PUD are established by special review in accordance with Chapter 26.430. The maximum number of parking spaces required shall not exceed two (2) spaces/dwelling unit for free market units. Parking spaces shall not exceed one (1) space/bedroom or two (2) spaces/dwelling unit, whichever is less for the affordable housing units. Parking reductions for all uses, in all zone districts, are permitted for properties listed on the Aspen Inventory of Historic Landmark Sites and Structures that are unable to contain the number of on -site parking spaces required by the underlying zoning upon a finding by HPC pursuant to Section 26.415.120(C)(1). Commercial designated historic properties may receive waivers of payment -in -lieu fees for parking reductions. Section 15: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.520.080 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 42 26.520.080 Procedure. D. Special Review. An application requesting a variance from the ADU design standards, or an appeal of a determination made by the Community Development Director, shall be processed as a Special Review in accordance with the Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 26.304.060(E)(3)(b and c). Review is by the Planning and Zoning Commission. If the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures or within a Historic Overlay District, and the application has been authorized for consolidation pursuant to Section 26.304, the Historic Preservation Commission shall consider the Special Review. Section 16: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.030 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.030 Open Space. A. Standards for open space. Development which is required to provide open space shall comply with the following provisions: 11. Trellis structures within required open space shall only be proposed in conjunction with commercial restaurant uses on properties listed on the Aspen Inventory of Historic Landmark Sites and Structures or within (H) Historic overlay zones and must be approved by the Historic Preservation Commission pursuant to review requirements contained in Chapter 26.415 and the Community Development Director pursuant to Section 26.470.060(A)(2)(a)(1). Such approved structures shall not be considered as floor area or a reduction in open space on the parcel. B. Reduction of required open space in the Commercial Core (CC) zone district. The Commercial Core (CC) zone district requires that building sites within the zone district provide at least 25% of open space, unless the Planning and Zoning Commission, by special review (See Chapter 26.430), approves a reduction. A reduction of the required open space may be approved by the Planning and Zoning Commission only if: 1. The applicant demonstrates that the provision of less than the required amount of open space on -site will be more consistent with the character of surrounding land uses than would be the provision of open space according to the 43 standard. In making this finding, the Planning and Zoning Commission may consider the following: a. It may be appropriate to have open space on the site when the building is located on a street corner. b. The open space can be linked to neighboring pedestrian amenities. c. The open space provides relief intended to maintain the prominence of an adjacent property listed on the Aspen Inventory of Historic Landmark Sites and Structures. Section 17: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.120 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.120 Satellite dish antennas. A. Satellite dish antennas twenty -four (24) inches in diameter or more must receive building permits, if required, prior to installation. Prior to the issuance of appropriate building permits, satellite dish antennas greater than twenty -four (24) inches in diameter shall be reviewed and approved by the Community Development Director in conformance with the following criteria. Any satellite dishes installed on a property listed on the Aspen Inventory of Historic Landmark Sites and Structures or in an "H," Historic Overlay District shall be reviewed according to Chapter 26.415.070.B. Section 18: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.575.130 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.575.130 Wireless Telecommunication Services Facilities and Equipment. C. Procedure. Pursuant to Section 26.304.020, the applicant shall conduct a pre - application conference with staff of the Community Development Department. The planner shall then prepare a pre - application summary describing the submission requirements and any other pertinent land use material, the fees associated with the review(s), and the review process in general. After the pre - application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a Development Order, the Community Development Director shall find the 44 submitted development application consistent with the provisions, requirements and standards of this Chapter. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to insure conformance with applicable review criteria. If the Community Development Director determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for conditional use review by the Planning and Zoning Commission and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. Proposals for the location of wireless telecommunication services facilities or equipment on any property listed on the Aspen Inventory of Historic Landmark Sites and Structures or within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC). Review of applications for wireless telecommunication services facilities and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed wireless telecommunication services facilities and equipment does not comply with the review criteria and denies the application, or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. E. General Provisions and Requirements. The following provisions apply to all wireless telecommunication services facilities and equipment applications, sites, and uses. 5. Historic Sites and Structures. In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter shall apply when wireless telecommunication services facilities and equipment are proposed on any historic site or structure, or within any historic district. Section 19: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.610.020 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.610.020 Applicability. Park development impact fees shall be assessed upon all development in the City of Aspen which creates additional bedrooms in residential dwellings, lodges, hotels, bed and breakfasts, boardinghouses, roominghouses or dormitories and on all development 45 which creates additional commercial or office space. Park development impact fees shall not be assessed upon the following: A. Alteration or expansion of a structure which does not create any additional bedrooms. B. The replacement of a partially or totally destroyed structure which does not create any additional bedrooms. C. Development of essential community facilities. D. Affordable housing subject to Affordable Housing Guidelines. E. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. F. Re- subdivision of land, if a park development impact fee or a fee similar thereto was assessed by the City of Aspen and collected at the time of the initial subdivision, unless the re- subdivision shall be for the purpose of additional development, in which case the fee shall be assessed upon any additional bedrooms or commercial or office space permitted by the re- subdivision. Section 20: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council hereby amends Section 26.710 of the Aspen Municipal Code to read as follows. (Note that only the specific passage to be amended is indicated. All portions of these sections not listed below shall remain in effect): 26.710.040 Medium - Density Residential (R - 6). C. Conditional uses. The following uses are permitted as conditional uses in the Medium- Density Residential (R -6) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park or open use recreation site; 2. Public or private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 46 7. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: bed and breakfast; boardinghouse; and two (2) detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Medium- Density Residential (R -6) zone district: 1. Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 2. Minimum lot area per dwellinz unit (square feet): a. Detached residential dwelling: 6,000 b. Duplex: A duplex may be developed on a lot of 8,000 square feet that was subdivided as of April 28, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property is listed on the Aspen Inventory of Historic Landmark Sites and Structures , in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3,000 square feet per unit. c. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 30. 10. External floor area ratio (applies to conforming and nonconforming lots of record): 47 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. Du . lex 48 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. 26.710.050 Moderate - Density Residential (R - 15). A. Purpose. The purpose of the Moderate - Density Residential (R -15) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15) zone district typically consist of additions to the Aspen Townsite and subdivisions on the periphery of the City. Lands within the Townsite which border Aspen Mountain are also included in the Moderate - Density Residential (R -15) zone district. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15) zone district. 1. Detached residential dwelling; 2. Duplex; 3. Farm buildings and uses, provided that all such buildings and storage areas are located at least 100 feet from pre- existing dwellings on other lots; 49 4. Home occupations; 5. Accessory buildings and uses; and 6. Accessory dwelling units meeting the provisions of Section 26.520.040. 7. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: two detached residential dwellings or a duplex on a lot with a minimum area of fifteen thousand (15,000) square feet. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R -15) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Parks and open use recreation site; 2. Public or private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. Lodge, where indicated by designation as a Lodge Overlay District (L) pursuant to Section 26.710.310; 8. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: bed and breakfast; boarding house; and two detached residential dwellings or a duplex on a lot with a minimum area of six thousand (6,000) square feet. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate- Density Residential (R -15) zone district. 1. Minimum lot size (square feet): 15,000. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 15,000. 50 b. Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit, unless the property is listed on the Aspen Inventory of Historic Sites and Structures, in which case a duplex or two detached residential dwellings may be developed with a minimum lot area of three thousand (3,000) square feet per unit. c. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 30. 4. Minimum front yard setback (feet): Residential dwellings: 25. Accessory buildings and all other buildings: 30. 5. Minimum side yard setback (feet): 10. 6. Minimum rear yard setback (feet): All buildings except residential dwellings and accessory buildings: 20. Residential dwellings: 10. Accessory buildings: 5. 7. Maximum height (feet): 25. 8. Minimum distance between detached buildings on the lot (feet): 10. 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record): 51 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. (Does not apply to the R -30 zone district.) Duplex 52 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet when the property is listed on the Aspen Inventory of Historic Sites and Structures shall not exceed the floor area allowed for one detached residential dwelling. (Does not apply to the R -30 zone district.) 26.710.060 Moderate - Density Residential (R - 15A). A. Purpose. The purpose of the Moderate - Density Residential (R -15A) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate - Density Residential (R -15A) zone district are similarly situated to those in the Moderate - Density Residential (R -15) zone district and are lands annexed from Pitkin County from zone districts in which duplexes are a prohibited use. B. Permitted uses. The following uses are permitted as of right in the Moderate - Density Residential (R -15A) zone district: 1. Detached residential dwelling; 2. Duplex, provided fifty (50) percent of the duplex units are restricted to affordable housing; 3. Farm buildings and use, provided that all such buildings and storage areas are located at least 100 feet from pre- existing dwellings on other lots; 4. Home occupations; 5. Accessory buildings and uses; 6. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: two detached residential dwellings on a lot within a minimum lot size of thirteen thousand (13,000) square feet; and 7. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R -15A) zone district, subject to the standards and procedures established in Chapter 26.425: 53 ........._ .......... 1. Parks, and open use recreation site; 2. Public and private academic school; 3. Church; 4. Group home; 5. Child care center; and 6. Museum. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate - Density Residential (R -15A) zone district: 1. Minimum lot size (square feet): 15,000. For lots created by Section 26.480.030(4) Historic Landmark Lot Split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 15,000. b. Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit, unless the is listed on the Aspen Inventory of Historic Sites and Structures, in which case two detached residential dwellings may be developed with a minimum of 6,500 square feet per unit. 3. Minimum lot width (feet): 75. For lots created by Section 26.480.030(4) Historic Landmark Lot Split: 30. 4. A minimum front yard setback (feet): Residential dwelling: 25. Accessory buildings and all other buildings: 30. 5. Minimum side yard setback (feet): 10. 6. Minimum rear yard setback (feet): All buildings except residential dwellings and accessory buildings: 20. Residential dwellings: 10. Accessory buildings: 5. 54 7. Maximum height (feet): 25. 8. Minimum distance between principal and accessory buildings (feet): 10. 9. Percent of open space required for building site: No requirement. 10. External floor area ratio (applies to conforming and nonconforming lots of record): Same as R15 zone district. 26.710.090 Residential Multi Family (R/MF). A. Purpose. The purpose of the Residential/Multi- Family (R/MF) zone district is to provide for the use of land for intensive long -term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential/Multi - Family (R/MF) zone district are typically those found in the original Aspen Townsite, within walking distance of the center of the City, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi - Family (R/MF) zone district: 1. Detached residential dwelling; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Multi - family dwellings; 4. Home occupations; 5. Accessory buildings and uses; 6. Dormitory; and 7. Two detached residential dwellings on a lot with a minimum lot size of six thousand (6,000) square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total area of the 55 duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; and 8. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Residential/Multi - Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Park and open use recreation site; 2. Public and private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. For properties which are listed on the Aspen Inventory of Historic Sites and Structures: bed and breakfast and boardinghouse. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential/Multi - Family (R/MF) zone district: 1. Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(4) Historic Landmark Lot Split: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 6,000. b. Duplex: 3,000. c. Two detached residential dwellings: 3,000. For multi - family dwellings on lot between 6,000 and 9,000 square feet, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 1,000. 1 bedroom: 1,200. 56 4 d ! 2 bedroom: 2,000. 3 bedroom: 3,000. Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. For multi - family dwellings on lot of more than 9,000 square feet, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 1,000. 1 bedroom: 1,250. 2 bedroom: 2,100. 3 bedroom: 3,630. Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. For multi - family dwellings on a lot of 27,000 square feet or less, when at least fifty percent (50 %) of the units built on -site are restricted as affordable housing, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 500. 1 bedroom: 600. 2 bedroom: 1,000. 3 bedroom: 1,500. Units with more than 3 bedrooms: One (1) bedroom per 500 square feet of lot area. For multi - family dwellings on a lot of 27,000 square feet or less, when one hundred percent (100 %) of the units built on -site are restricted as affordable housing, the following minimum lot area per dwelling unit (square feet) requirements apply: Studio: 300. 1 bedroom: 400. 2 bedroom: 800. 3 bedroom: 1,200. Units with more than 3 bedrooms: One (1) bedroom per 400 square feet of lot area. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For lots created by Section 26.480. 030(4) Historic Landmark Lot Split: 30. 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of land for retail and service commercial, recreation and institutional purposes with customary accessory uses to enhance the business and service character in the central 57 business core of the City. Hotel and principal long -term residential uses may be appropriate as conditional uses, while residential uses are permitted or may be appropriate as conditional uses. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone district: 1. Medical and dental clinic; 2. Professional and business office; 3. Open use recreation site; 4. Recreation club; 5. Theater; 6. Assembly hall; 7. Church; 8. Public building for administration; 9. Restaurant, cabaret and night club, tea room; 10. Retail commercial establishment limited to the following and similar uses: Antique store, appliance store, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, clothes store, computer sales store, florist shop, food market, furniture store, gift shop, hardware store, hobby shop, jewelry shop, job printing shop, key shop, liquor store, music store, office supply store, pet shop, paint and wallpaper store, photography shop, record store, shoe store, sporting goods store, stationery store, variety store, video sales and rental store; 11. Service commercial establishments limited to the following and similar uses: Catering service, financial institution, personal service including barber and beauty shop, custom sewing, dry cleaning pickup station, laundromat, ski repair and rental, shop -craft industry, tailoring and shoe repair shop, parking lot or parking garage, studio for instruction in the arts, radio or television broadcasting facility; 12. Rental, repair and wholesaling facilities in conjunction with any of the uses provided in Section 26.710.140(B)(1) through (11), provided all such activity is clearly incidental and accessory to the permitted use and conducted within a building; 58 13. Storage of materials accessory to any of the uses provided in Section 26.710.140(B)(1) through (12), provided all such storage is located within a structure; 14. Residential dwelling units which are located above street level commercial uses, provided that the residential dwelling unit is restricted to six -month minimum leases; 15. Accessory dwelling units meeting the provisions of Section 26.520.040; 16. Detached residential dwellings listed on the Aspen Inventory of Historic Sites and Structures; 17. Newspaper publishing office; 18. Home occupations; 19. Accessory buildings and uses; and 20. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Recreational and entertainment establishments limited to the following and similar uses: Business, fraternal or social club or hall; ice or roller skating rink; 2. Gasoline service station; 3. Hotel; 4. Newspaper and magazine printing; 5. Child care center; 6. Timesharing; 7. Residential dwelling units which are located above street level commercial uses in properties listed on the Aspen Inventory of Historic Sites and Structures and which are not restricted to six -month minimum leases; 59 8. For properties which are listed on the Aspen Inventory of Historic Sites and Structures; bed and breakfast; two detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet. 26.710.150 Commercial (C - 1). A. Purpose. The purpose of the Commercial (C -1) zone district is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. B. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) zone district: 1. Medical clinics and dental clinics, professional and business offices; 2. Open -use recreation site, recreation club, assembly hall, theatre; 3. Church; 4. Public building for administration; 5. Retail commercial establishments limited to the following and similar uses: Antique store, appliance store, art supply store, bookstore, photo and camera shop, art gallery, clothes store, florist, hobby or craft shop, jewelry store, pet shop, furniture store, hardware store, paint and wallpaper store, shoe store, video sales and rental store; 6. Service commercial establishments limited to the following and similar uses: Catering service, financial institution, office supply store, shop -craft industry, parking garage, and personal service shops including barber shop and beauty shop; 7. Accessory storage for the above uses if located within the structure; 8. Accessory dwelling units meeting the provisions of Section 26.520.040; 9. Detached residential dwellings listed on the Aspen Inventory of Historic Sites and Structures and multifamily dwellings; 10. Broadcasting stations; 11. Home occupations; 12. Accessory buildings and uses; 60 13. Food market; and 14. Farmers Market provided a vending agreement is obtained in accordance with Section 15.04.350(B) of the Municipal Code. 26.710.180 Office (0). A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other high volume thoroughfares. B. Permitted uses. The following uses are permitted as of right in the Office (0) zone district: 1. Detached residential dwellings, multi - family dwellings; 2. Professional business offices; 3. Accessory residential dwellings restricted to affordable housing guidelines; 4. Home occupations; 5. Group homes; 6. Accessory buildings and uses; 7. Dormitory; and 8. A mixed -use building(s) comprised of a residential dwelling unit and permitted and conditional uses in the Office (0) zone district so long as such conditional use has been approved subject to the standards and procedures established in Chapter 26.425; and 9. Accessory dwelling units meeting the provisions of Section 26.520.040. 10. For properties which are listed on the Aspen Inventory of Historic Landmark Sites and Structures: two (2) detached residential dwellings or a duplex on a lot with a minimum area of nine thousand (9,000) square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both 61 may be free market units if an accessory dwelling unit shall be provided for each unit. C. Conditional uses. The following uses are permitted as in the Office (0) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Only for those structures listed on the Aspen Inventory of Historic Sites and Structures: antique store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music store (for the sale of musical instruments), music studio, restaurant, shop craft industry, visual arts gallery; provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off - street parking is provided, with alley access for those conditional uses along Main Street; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 3. Two (2) detached residential dwellings or a duplex on a property listed on the Aspen Inventory of Historic Sites and Structures with a minimum area of 6,000 square feet, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both may be free market units if an accessory dwelling unit shall be provided for each unit; 4. Child care center; 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Health and fitness facility; and 7. Lodge units and lodge units with kitchens. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Office (0) zone district: 1. Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(4) Historic Landmark Lot split: 3,000. 62 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 6,000. b. Duplex or two detached units: 3,000 per unit. c. Multi family dwellings on lot between 6,000 and 9,000 square feet: Studio: 1,000. 1 bedroom; 1,200. 2 bedroom: 2,000. 3 bedroom: 3,000. 3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area. d. Multi family dwellings on lot of more than 9,000 square feet: Studio: 1,000. 1 bedroom; 1,250. 2 bedroom: 2,100. 3 bedroom: 3,630. 3+ bedrooms: One (1) bedroom per 1,000 square feet of lot area. e. Multi family dwellings on a lot of 27,000 square feet or less, when at least fifty percent (50 %) of the units built on -site are restricted as affordable housing: Studio: 500. 1 bedroom: 600. 2 bedroom: 1,000. 3 bedroom: 1,500. 3+ bedrooms: One (1) bedroom per 500 square feet of lot area. f. Multi family dwellings on a lot of 27,000 square feet or less, when one hundred percent (100 %) of the units built on -site are restricted as affordable housing: Studio: 300. 1 bedroom: 400. 2 bedroom: 800. 3 bedroom: 1,200. 3+ bedrooms: One (1) bedroom per 400 square feet of lot area. 3. Minimum lot width (feet): 60. For lots created by Section 26.480.030, Historic Landmark Lot Split: 30. Section 21: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 63 Section 22: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 23: A public hearing on the Ordinance was held on the 28th day of January, 2002 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of January, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney FINALLY, adopted, passed and approved this 11th day of March, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk 64 March 1, 2002 The Honorable Helen Klanderud City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Mayor Klanderud: Before moving to Aspen last year, I worked for nearly twenty years as a historic preservationist. During that time I served not only as assistant director of the National Trust for Historic Preservation's Denver office, but also as director of their Mid - Atlantic Regional Office and as executive director of Preservation Pennsylvania. In addition, I worked for three years for the Colonial Williamsburg Foundation. Therefore, I have watched with great interest the process that the City and the Historic Preservation Commission have gone through in order to make recommendations for changes to Aspen's historic preservation ordinance. The process has been deliberate and informed and has provided citizens with numerous opportunities to participate. Many have chosen to do so. And, in what I have come to know as the "Aspen way," their opinions have been as diverse as they are strongly held. While this may be at times trying for public officials, this intense debate is a healthy feature of our community's life. Now, however, the debate is before City Council and you and your fellow councilors must decide the future provisions of the ordinance. I would like to offer to you my opinions on one aspect of the debate based on my experiences working as a preservationist. There has been much discussion of the fifty -year starting date for consideration of historic significance. Fifty years is a completely arbitrary point originally chosen many years ago by bureaucrats in Washington, DC as much for its convenience as a number as for any guidance it provides to true historical significance. When the original Aspen ordinance was written, it followed the language of the National Register of Historic Places and included the Register's guideline of listing buildings "fifty years old or older." The National Register, however, has always contained a provision that allowed listing of buildings less than fifty years old. Much of the discussion concerning the proposed revisions to the ordinance have taken the tone that anything less than fifty years in age is not old enough to be "historic." This reflects a common misperception about history —that it favors the 2 events of the distant past. This is not true. The events of last week may be just as important as those of a hundred years ago. For instance, during the last fifty years the United States fought three wars (four including the current war on terrorism); no one would argue that the Korean Conflict, the Vietnam War, and the Persian Gulf Conflict are not historically significant. Our nation has even erected national monuments in Washington, DC to the men and women who fought in Korea and Vietnam. Many events of enormous historic significance occurred in the past fifty years. These include landing a man on the moon; developing an effective vaccine for polio; the assassinations of President Kennedy, Martin Luther King; and Robert Kennedy; the Civii Rights Movement; the Cold War; the development of the birth control pill; the resignation of President Nixon; the rise of Islamic Fundamentalism; and, the creation of the Internet. Each of these events changed the way we live and think. Aspen is a community in which change occurs rapidly. Walter Paepcke first visited Aspen in 1945 –57 years ago. The Aspen Institute's first lecture took place in 1952 – 50 years ago. In 1974 the Mall was built -28 years ago. The City itself is only 123 years old. To determine that anything less than fifty years old is not historic is to turn our back on almost half of our history. The poverty that saved the Victorian -era miners' cottages and commercial buildings that give Aspen its unique physical character and visual appeal does not exist today. We cannot depend upon serendipity saving this special place again. Sin rely, Gr Gary 60 ildwood Aspen, CO bcc: Amy Guthrie Julianne Woods I / C MEMORANDUM TO: Mayor Klanderud and City Council THRU: Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RE: City of Aspen Land Use Code Amendments, Sections 26.104- General Provisions, 26.208— City Council, 26.212- Planning and Zoning Commission, 26.220- Historic Preservation Commission, 26.304 - Common Development Review Procedures, 26.312- Nonconformities, 26.415- Development Involving the Inventory of Historic Sites and Structures or Which Occurs in an "H," Historic Overlay District, 26.420, Historic Overlay District and Historic Landmarks, 26.430- Special Review, 26.470- Growth Management Quota System, 26.480 - Subdivision, 26.500 Development Reasonably Necessary for the Convenience and Welfare of the Public, 26.510- Signs, 26.515- Off Street Parking, 26.520- Accessory Dwelling Units, 26.575.030 - Open Space, 26.575.120- Satellite Dish Antennas, 26.610- Park Development Impact Fee, 26.710- Zone Districts, and City of Aspen Land Use Code Amendment, Enacting Section 26.420, Benefits for Properties Listed on the Aspen Inventory of Historic Landmark Sites and Structures, Second Reading of Ordinances #1 and Ordinance #2, Series of 2002 DATE: February 25, 2002 BACKGROUND: Since January of 2001, the City has been working to improve our Historic Preservation Program with Debbie Abele and Grady Gammage, consultants with significant national experience in historic preservation. The project has: • developed a new, more objective system for evaluating properties for historic designation, • identified areas for improvement in our ordinance, and • produced a stronger and more definitive list of proposed benefits for private property owners. Council passed first reading of the new historic preservation program on January 14, 2002. On January 28` the public hearing process was initiated, and was continued to February 25` There was an interim work session on the proposed benefits on February 12`h. Staff has prepared this memo to address questions that have been posed by Council. We recommend that following the discussion, the public hearing be continued to March 11` to complete the final refinements of the ordinances. DISCUSSION: Staff understands that Council has two threshold questions in regard to the new historic preservation ordinance: 1) Can the program be voluntary for post -war properties or for all properties, and 2) Can the criteria for designation include that the property must be at least 50 years old? In regard to the first question, the issue is, can the designation standards be such that the criteria would include a requirement that the owner consent to the designation? Council has indicated a particular interest in applying this rule to the post -war properties. The consultant has advised us against this course for two reasons; (1) equal protection for all historically important properties and (2) effectiveness of the program. Including owner consent in the designation considerations brings a new level of arbitrariness into the process. Two buildings of equal merit could be treated differently because of the owner's opinion, instead of a more factual evaluation of the property's role in Aspen's history. Inherent in the idea of including this criterion for postwar properties only is the belief that the era is less important to Aspen's history than the mining period, even though the development of Aspen as a ski resort is more relevant to our town today than silver mining. If owner consent is included for the postwar properties, there will be a perception of unfairness by those people who own older properties and did not have a consent option at the time of their designation. It would certainly be unadvisable to remedy that situation by allowing voluntary designation across the board, thereby jeopardizing the character of the whole town. That is not an action that has been identified by the public as valuable in any of the public meetings held over the last year and half of this process. There is another fairness problem created if the current property owner agrees to designation but a future owner wants to opt out. How will it be decided who has rights and who doesn't if consent is an important consideration? In regard to the impact that owner consent will have on the effectiveness of historic preservation efforts, a survey of municipal preservation programs across the state that are similar to Aspen's (mandatory review and mandatory compliance), finds that 67% of the communities have the ability to designate over owner objections. Those towns are Aspen, Aurora, Blackhawk, Boulder, Central City, Colorado Springs, Cripple Creek, Denver, Ft. Collins, Ft. Lupton, Glenwood Springs, Idaho Springs, La Veta, Longmont, Nederland (for commercial properties only), Northglenn, Red Cliff, Pagosa Springs, and Yuma. Another 7 communities do not require consent because they have large historic districts which cover the whole historic town; Breckenridge, Crested Butte, Georgetown, Lake City, Manitou Springs, Redstone, Silver Plume and Telluride. 10 communities do not require owner consent in the case where a property is designated by a "super majority" of the board or is determined to have special significance. (Castle 2 Rock, Durango, Frederick, Greeley, Lafayette, Littleton, Silt, Wheat Ridge, Windsor, Woodland Park.) There are 18 communities that require owner consent and have mandatory review with mandatory compliance. They are Basalt, Bennett, Boulder County, Cedaredge, Delta, Elizabeth, Erie, Frisco, Gunnison County, Lakewood, Leadville (consent needed outside of downtown district), Meeker, New Castle, Park County, Rico (consent only needed for single family), Rifle, Steamboat Springs, and Walden. Generally speaking, these are newer programs that adopted the strongest ordinance that they could at the time. These communities are also not subject to the same development pressures as Aspen, and their buildings are presumably less likely to be as threatened by demolition and redevelopment. (Note that the most similar community to ours, Steamboat Springs, does require owner consent to designate, but the program gets its teeth from mandatory review of all building permits for any property over 50 years old whether the property has historic merit or not, which is not something we would like to emulate.) Historic preservation is becoming a larger and larger issue statewide. In 1998 and 1999, a new historic preservation ordinance was enacted in Colorado towns on the average once every six weeks. Aspen's program was one of the earliest to be adopted and has been the focus of much community discussion and citizen involvement starting with its inclusion in the Aspen Area Community Plan in 1966. At two previous points in time, 1981 and 1986, when the historic preservation regulations were not as strong as they are today, the City Council has had to adopt moratoriums on demolition permits. In reviewing reports from previous updates of the historic inventory, at least 38 Victorian era buildings that had been identified as important were demolished between 1980 and 1992. Injecting owner consent into our program at this point would be a major set -back, and, in our real estate climate would be what the Colorado Historical Society's advisor to local programs described as "highly unadvisable." A minimum age of 50 years for a property to be considered historic would also be detrimental. The following properties that are currently designated would no longer be eligible with a 50 year minimum age criteria: Aspen Institute, Trustee Townhomes, built in 1964, 38 years old Aspen Institute, Health Club, built in 1955, 47 years old Aspen Institute, Restaurant, Built in 1954, 48 years old Aspen Institute, Bayer Sculpture Gardens, built in 1955, 47 years old 240 Lake Avenue, Herbert Bayer designed residence, built in 1957, 45 years old 710 S. Aspen Street, Skier's Chalet, built in 1953, 49 years old Holland House, built in 1956, 46 years old 311 North, Herbert Bayer designed home, built in 1963, 39 years old All that would be left on the inventory if this minimum age were adopted would be 19 century properties and one Fritz Benedict designed house built in 1947. 3 A 50 year minimum age criteria would remove 8 important properties that are currently designated. They could be demolished or altered without review. 23 other properties that staff feels warrant Council's evaluation for historic significance would have no protection. There are only 27 total recent past properties that are proposed for review at this time, so basically the whole group could be lost. (Of the 27 post -war era properties that have been discussed for historic designation, 4 are at least 50 years old, 17 are at least 40 years old, 24 are at least 30 years old, and 3 are less than 30 years old.) In addition, there are some property owners who want designation, have worked with us through this process, and could be ineligible with the new standard because their buildings don't meet the age threshold. While age may bring some perspective to the discussion of a property's role in history, in staff's opinion, it should not be used to draw a line as to what is important and what is not. As can be noted above, all of the Herbert Bayer designed buildings in Aspen are less than 50 year's old, yet his well documented influence on design on an international level is indisputable. The determination as to whether something represents the history of Aspen should be made using more thoughtful criteria. Staff has pulled together data on the average age of buildings that received demolition permits in 1999 -2001. Records were available on the age of the building being demolished for about half (20) of the properties. The oldest building was 50 years old. The youngest was 25. The average age of a building being demolished was 38.6 years old. It is apparent that we will not have the luxury of waiting until a building is 50 years old to determine if it is important. While Aspen has many fine examples of buildings from the Victorian period left, it is remarkable how many significant buildings are gone, including the Washington and Lincoln Schools, the Citizen's Hospital, Clarendon Hotel, and Cowenhoven residence. These buildings were lost to natural decay, fires, pillaging for building materials, etc. With the postwar period, we have the opportunity now to make conscious decisions about which structures are the best examples of our town's history and take action to protect them. QUESTIONS POSED ABOUT THE BENEFITS ON FEBRUARY 12TH 1. If your property is very large, can you do more than one lot split? Staff Response: Right now the land use code allows properties that meet a minimum size requirement to do one lot split without competing through growth management. Anything more than one split requires subdivision review, GMQS competition for allocations, and 60% of the units/bedrooms on the site to be deed restricted affordable housing. Allowing historic properties exceptions to these requirements may be problematic for several reasons. First, unlike the waivers being considered for ADU's, these are category housing units that would be lost. Other concerns that arise with this benefit are the amount of allowable square footage that would created on the site, well 4 beyond what is currently available, and the potential TDR's that are generated that could flood the market. Staff can pursue this idea further, but has concerns about whether this in fact preserves the historic property. 2. How discretionary is the lot split? Can staff provide a map of the potential lot splits? Staff Response: The historic landmark lot split standards are very black and white and simply require that a property be in a zone district where the program is allowed, meet the minimum lot size, and be a property that has not been subdivided previously. While HPC and Council review these applications, and may wish to give direction on certain issues, such as how the lot is divided, the approval of the lot split is essentially a given. A map of the potential lot splits is provided in the packet for Council review. 3. What is the potential build out as a result of TDR's? Should we cap the amount of TDR's that are created? Staff Response: Staff has done a study of the rough number of 250 square foot TDR's that could be generated by the largest historic properties that have unused development rights. At this time we estimate there to be 27,312 square feet (109.25 TDR's) that could be transferred from those sites. It is difficult to predict who will select the TDR option, and there may be a number of small properties that could each sell off one or two TDR's that we have not tried to estimate. Generally speaking, TDR's are just relocating square footage elsewhere in town, not creating more square footage. The Infill project, which will be before Council soon, will flush out this concept further. Infill may suggest that when TDR's are put on a commercial property, that the 250 square feet be translated into a larger square footage to make the concept feasible. 4. If Council allows the elimination of housing mitigation on historic lot split properties, will it be retro - active? What are the impacts of the ADU waiver? Staff Response: Of the lot splits that have already been completed, three have provided an on -site unit and one has paid cash in lieu. Four others have not built their project yet. Staff recommends that the ADU waiver not be retroactive. For those projects that have already built out, lifting the ADU requirement would potentially put them over the FAR limit and require that they demolish the kitchen area in each unit. Although it would be easier to let the projects that haven't been constructed yet take advantage of the new waiver, it would be unfair to those who are completed. Staff believes that these projects have already received a workable preservation benefit. 5. How many commercial properties would be affected by a reduced requirement or waiver of housing mitigation? 5 d . ti Staff Response: Staff needs additional time to prepare a response to this question. 6. The waiver of park dedication fees is an existing benefit. How much does it amount to? Staff Response: Staff will run these numbers and prepare a verbal response for Council. Other benefit ideas and comments that are being considered: • Can we "grandfather" a conditional use that someone has been granted? • Can we do some more contractor training? • What benefits can be provided through the Parks Department (other than waiver of tree mitigation fees) to preserve historic trees /landscape? • Could some fees that we take in as part of HP reviews be redistributed as grants, etc.? • Which of these benefits can be funded through grants? • Can we streamline all paperwork involved in giving out grants and loans so that the program is manageable? STAFF RECOMMENDATION: Staff is hopeful that with the responses provided, and some final refinement of the benefits, Council will be prepared to adopt the new program at the next meeting. We feel confident that the ordinance is ready to be put into practice and suggest a provision that staff return to Council in one year to review successes and challenges that cannot be anticipated now. The majority of the benefits are ready to be put in place and staff will work diligently for the next meeting to address remaining questions on the more complex ones. Attachments: A. Council feedback on benefits from February 12 B. Map of Historic Landmark Lot Splits 6 c 1 Yes No Maybe ❑ ❑ ❑ 1. Dimensional Variances ❑ ❑ ❑ 2. Increased density ❑ ❑ ❑ 3. Expanded Historic Landmark Lot Split (provide map) ❑ ❑ ❑ 4. Conditional Uses ❑ ❑ ❑ 5. Building Code Flexibility ❑ ❑ ❑ 6. Exemptions from GMOS 4 ❑ ❑ ❑ 7. Conservation Easement Program ml ❑ ❑ ❑ 8. Transfer of Development Rights (TDR) (need details) ❑ ❑ ❑ 9. Assistance with Tax Credit Applications ❑ ❑ ❑ 10. Waiver of Fees ❑ ❑ ❑ 11. Cultural Heritage Tourism ❑ ❑ ❑ 12. Preservation Honor Awards El ❑ ❑ ❑ 13. Historic Markers El 14. City -owned Building Rehabilitation Fund El ❑ 15. Community Initiated Development ❑ ❑ ❑ 16. Special Tax Valuation Program (consider timing) ❑ ❑ ❑ 17. Increased Rehabilitation Grant Fund (find $) ❑ ❑ ❑ 18. Increased Rehabilitation Loan Fund (find $) ❑ ❑ ❑ 19. Acquisition /Relocation Fund El ❑ 20. Further exemption from housing mitigation (need details) ❑ ❑ ❑ 21. Design Services ❑ ❑ ❑ 22. Public Education (only if there is no cost) V IN/ A - " 4 " 16- 1",4111 ']./..:-., ‘i .0 12111- ---- I 7411, ir 6111 �v :;r v • Q ti a,„., 4141 Alia 10 Ale 1 .. 11 .jv tr- ti ' EV gr 1 �� r [ L 1 4, , - : a �•' � � r� ! , ,,, i 1 , , a i , . ,3C7,711 1 NEM • 4//4" iilt: LA! L4-___ J 1 �� r 1 :c �� Ate r� s I 0 i ,][2,- - ' ir 1..ciitir),ImJ-1 ., ,./ , jr 4-1. ,_,, -q-vik s 0 kf /-7 tig,jr, #.4a15ciii..t.\ / !::gi---- .7 . ,, -.. , L , k r 1 1-. c? )•11 kat* L . , • 1 . , _71[4 a f..i 4 4 W M I 4 OW 11 . TR .1*,.41/1117 4 .8 Ori; r--..., N 6 '',I''''' _ --4--\ k .ws1; !.,./.7 J i' I I! 4 14: "1 It , * t : -. . - V-I if1;11 t (a . i .. i / /.:,,, ,..,.„4 : ; tegriti,. �1 /-, r l kI 14 r . i 0 ' %' � �� _ ` `� ! ir 7,,,,,pr Q , __vw-..-24p / I f* ile ..,"*w74 4 -, _._, !J I I 4.., c,..., 4, In \ , 11111 4b 'T ‘ )/ ' No% . ' . 0 --- i 1 7 r' ''.--.-. '-■- 811, _ag , heir L'/ANI e " 7 i , .,_ th 1 A , A i .s .,.._ If 1 13 41- 1,Fliri ti/ // /- -, /rel. p. .c of i �i ,I_.!i] 10 f . t .p.1.- -- 1.---------%J. lagori w - 1 05 1 14 11 ■ , ,, y -. Vii ■ _ • 1 ,1 Ir 4110 CL �d r l 4 , 1. 21) IM O G 0 1 m FEB -25 - 02 14:24 FROM & BURNHAM ID:60 ="' =564475 PACE 2/4 ` - GAMMAGE & BURNHAr A .ROILf610MAL UNITED LLVItT GONfANT ATTORNEY, AT LAW TWO NORTH CENTRAL AVENUE MO RRO R. \VRNMAM GRADY HAIRMAOE. JR. NICMACL R. RING OGNTCCNTH RLOOR TELEPHONE t402)2 « RICHARD K. MAMRLC 'J601! CDRT.e UUKAN NARV.• PHOENIX, ARIZONA 65004 PAESIMI LL 1602/ Z5sm.7 THOMAS J. M•ODNALO JAMCC A. CRAP"' RCVIM R. MCARITT RAneµL 5. DALTON RNIM J. BURLEY JOHN R. DACCT JCPRRCY J. KILLER CAMERON C. ARTIOUC WRITER'S DIRECT LILAC SVSAM L WATCHMAN CTCRw CM R. OOATWRICHT JAMES IT, uVAN DA OwnCR February 25, 2002 NIEL A. LARIFON J nhThorn , C CRRT D. WORSHAM if J. NAITLN 1 S (602) 2564 MICE T. MGL JSA T. HAULER C. KEITH MO5LLY • CRR.jTORHew n. so-win ggan --p gblaw.com ARCM C LLEN OLOCCE U. WINNCY 11, ANTHONYJ. NCICR AARON C. OCnCILLR LISA N. RCRCHLTMIROW •• LEONARD W. ARAGON 0' COWNSCL C . WILL4M SHCI.ARD DIANE C. GONER • ALWRTC 'N CAL DNLT •• AO441T:C0 IN Iwo OHLY Mayor Helen Klanderud & City Council City of Aspen 130 S. Galena • Aspen, Colorado 81611 -1975 Re: Historic Preservation Ordinance Amendments Dear Mayor Klanderud & Members of the City Council: • As one of the consultants who has helped assist the City in restructuring its historic preservation program, a suggestion was made that I should write and express some thoughts about the proposed new ordinance and the possibility of adding an owner consent requirement to the criteria for designation of post -war properties. First, let me express my gratitude for being able to work on this assignment Aspen is a truly unique place and your historic resources are very significant. I strongly believe that the ordinance revisions which have been prepared over the past several months will strengthen and clarify your program and will also result in fairer and more equitable treatment for private property owners. Amy Guthrie, Debbie Abele and everyone involved is to be commended for this effort. If there is any hesitancy on the part of the Council to adopt these changes, I would say two things_ First, the existing program has serious flaws. It is very important that you make changes to your ordinance clarifying the designation procedure and the considcration of certificates of appropriateness and demolition approval. These changes apply to all properties being dealt with by the community. Second, if there is a continuing concern about the administration of the program and the choices which are made as to individual properties being designated, I would suggest you adopt the ordinance as is, but with an express direction to again revisit the entire program after a set period of time such as one or two years. I believe that the controversy which lead to the need to make changes in the program will be enormously lessened by the ordinance revisions and their implementation. Those revisions ought to be given a chance to operate. 184003v1 2/292002 FES -25 -02 14:24 FROM:GAMr ' E & BURNHAM 1D:602 r PAGE 3/4 Mayor & City Council February 25, 2002 Page 2 Finally, as to the issue of owner consent or "voluntary" historic preservation, I have heard a number of questions and comments about the possibility that the program, or at least part of it might become `voluntary". 1 would strongly urge the Council not to head in that direction. I do not believe any of these comment would suggest the entire program become voluntary. Surely there is agreement that as to those properties which have long been designated and which represent the oldest extant resources in Aspen, it would not be appropriate to remove regulation that has existed, literally, for decades. For Aspen to effectively abandon a regulatory municipal program is, I hope, as unthinkable for Aspen to abandon growth management or land use regulation itself. Aspen is what it is because it has been willing to use the police power to regulate the growth and development of the community to improve quality of life. There are places around the country -- and particularly in the West -- where doing that is novel, controversial or debated. I work in many such jurisdictions in Arizona. But Aspen, as much as anywhere, has been held up as a shining example of a place where community regulation has indeed resulted in the improvement of the quality of life. The more likely proposal is that as to some category of more recent historic resources (for example, post World War II) designation should only take place with owner consent. Thus, as to some historic properties the program could be termed `voluntary" while as to older designated properties, it would be mandatory. I presume the program also would be mandatory once an original owner had consented to designation. That is, if an owner consented to designation now and then sold his property, the new owner would not have the opportunity to revoke owner consent There are some programs around the country where owner consent is a requirement of the progam. It is probably legal to have police power regulations turn on issues of owner consent, though it is quite unusual. I can think of no other area of local regulation where owner consent is a prerequisite of whether or not regulation occurs. More frequently, owner consent is required of programs such as National Register listing which are not regulatory in character, but which involve either honorific recognition or government subsidy. Even in those places which impose owner consent as part of their historic preservation program, it would be highly unusual to have owner consent required only of some classes of property and not of others. I have discussed with other attorneys around the country who are experts in the field of historic preservation the possibility that requiring owner consent of some properties and not of others could raise equal protection or due process issues. I believe it might be possible to withstand equal protection or due process challenges to such disparate treatment of historic properties based on a clear delineation of why such distinctions are being drawn and why some categories of historic properties are deemed more important that others. To do this would require a significant reworking of the proposed ordinance, and would still run some risk. In any event, my feeling is that it would be ill advised to operate and administer a program in which some owners are allowed to veto designations of their properties while others are not. Owners of properties which were designated with owner consent who then find themselves no longer wishing to consent will also be likely to raise future objections that may 184003v1 2rzsrzooz FES -25 -02 14:25 FROM:GAM\ E & BURNHAM ID:so: S4475 PAGE 4/4 Mayor & City Council February 25, 2002 Page 3 be hard to answer. The potential arbitrariness of administering such a dual system seems to me fraught with difficulty. Historic preservation is simply another element of land use regulation. It is as valid an exercise of a community's police power as the administration of a zoning ordinance, a growth management scheme, or a building code. Imagine if you tried to operate any of those -- for example a zoning ordinance -- in which some people's property could be zoned only if the owners agree, but other people's property could be zoned even if they did not agree. Such a process could quickly become complex, potentially arbitrary and extremely controversial. Very truly yours, G • 1 % :. BURNHAM /4 B r I`1 GG/klp Y , ,t , Jr cc: Amy Guthrie John Worcester, City Attorney 184003v 9n cnrm