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HomeMy WebLinkAboutordinance.council.002-02 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 ora 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 ora 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 tmique. 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 hi 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 often 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 futm'e 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. Ci .ty-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 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.I 20(B), (C), and (E) for further information. Increased densi .ty 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, O. 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 in£onnation. 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. Communi .ty Initiated Development The City will consider opportunities to be involved in public-privately funded rehabilitation efforts, building expansion, or infitl 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 12th, February 25th, March 11, and March 12, 2002, and a worksession 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. A TEST: ~ KathrYn,S. ~oeh, City Clerk FINALLY, adopted, passed and approved..this 12th day of M~,~8~,~/~ - APPROVED AS TO FORM: aJ6ti~ P. ~orc~ster, C~ty Attorney