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HomeMy WebLinkAboutordinance.council.042-87 ORDINANCE NO. 42 (Series of 1987) AN ORDINANCE OF CITY COUNCIL CREATING A HISTORIC DESIGNATION GRANT PROGRAM AND AMENDING VARIOUS PROVISIONS OF CHAPTER 24 (ZONING) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, INCLUDING SECTION 24-3.1 PERTAINING TO DEFINITIONS; SECTION 24-3.2 PERTAINING TO THE TABT~ OF CONDITIONAL USES IN RESIDENTIAL, OFFICE AND COMMERCIAL CORE ZONE DISTRICTS; SECTION 24-3.4 PERTAINING TO AREA AND BULK REQUIREMENTS; SECTION 24-3.7(e) (2) PERTAINING TO MEASURING AT,T~WABLE FLOOR AREA, SECTION 24-4.5 PERTAINING TO NUMBERED PARKING SPACES REQUIRED; SECTION 24- 9(c)(1)(i) PERTAINING TO HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS, IN ORDER TO ESTABLISH INCENTIVES FOR DESIGNATED HISTORIC RESIDENTIAL STRUCTURES WHEREAS, the City Council of Aspen, Colorado deems it to be in the best interests of the City of Aspen to make various amendments to the Municipal Code enacting historic preservation incentives; and WHEREAS, the Aspen Area Comprehensive Plan: Historic Preservation Element, adopted October 7, 1986, contained as a high priority implementation action the creation of incentives for historic designation of individual historic structures and historic restoration projects; and WHEREAS, the Aspen Planning and Zoning Commission held work sessions on October 17 and 29, 1986 to discuss historic implementation strategy which included an incentives program; a joint work session with the City Council and Historic Preservation Committee on February 3, 1987 at which meeting all groups again affirmed their interest in creating positive incentives; and a work session on March 31, 1987 and public hearings on April 7 and April 21, 1987 to formulate land use incentives; and - WHEREAS, the City Council discussed the Historic Preservation Incentives program at regular meetings of May 11, July 27 and August 10, 1987 and at a special meeting of September 8, 1987 to arrive at a proposed package; and WHEREAS, the City Council did make the following findings with respect to the proposed code amendments: 1) Positive incentives should be made available to historic landmarks which are consistent with the purposes of the zone districts and with existing land use patterns, and which meet the goals and objectives of the Historic Preservation Plan Element, including (a) to encourage productive and economically attractive uses of historic properties; (b) to discourage demolition of significant historic properties; (c) to encourage faithful restoration of significant properties and compatible alterations and additions; and (d) to enhance the contribution of Aspen's historic resources to the resort amenity of the community. 2) Allowance of conditional uses in the residential zone districts for historic landmarks is desirable because such allowance would be targeted only for the benefit of individually designated historic properties and provides the City the opportunity to evaluate impacts and impact mitigation through conditional use review. 3) Conditional uses should be available to residential historic landmarks in all zone districts, including: bed and breakfast, boardinghouse, and two detached single-family dwellings or a two family dwelling where the lot meets the minimum lot area requirement for a single-family dwelling. These uses can be determined on a case-by-case basis to be appropriate if demonstrated that they are compatible with surrounding residences, encourage restoration and compatible alterations of historic structures, discourage demolition, offer economically attractive uses to property owners, and create impacts that are within the range of acceptability in the neighborhood. 4) Bed and breakfast must be defined in the Code, and boardinghouse should be redefined to be parallel and consistent in definitional parameters. 5) Due to the special circumstances of historic properties, minor variations in floor area ratio, 2 setback requirements, and parking standards should be allowed if determined to be more appropriate for maintaining the historic quality of the property than would be meeting the area, bulk, and parking requirements. 6) A one-time-only grant to property owners designating historic residential landmarks should be made available as an inducement for designation. ; and WHEREAS, having received and considered the recommendation of the Aspen Planning and Zoning Commission, City Council desires to make amendments to the Municipal Code enacting historic preservation incentives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN as follows (new language bolded) Section 1 Section 24-3.1 of the Municipal Code of the City of Aspen pertaining to Zoning District Definitions is hereby amended to add: "(HH) Bed and Breakfast: A single-family dwelling, or part thereof, other than a hotel or lodge, providing temporary lodging to guests generally for periods of less than one month, at least one meal daily for guests staying in the dwelling, generally limited to twelve or fewer guest rooms, and a manager residing on the premises, but not providing a restaurant or accessory uses, such as lobby, recreation facilities or bar, typically associated with a hotel or lodge." Section 2 Section 24-3.1(c) of the Municipal Code of the City of Aspen pertaining to Zoning District Definitions is hereby repealed and reenacted to read: "(C) Boardinghouse: A building or portion thereof, other than hotel, lodge or multiple-family dwelling providing temporary or long-term lodging for six or more guests, serving meals to those guests on a continuing basis for compensation, and having a manager residing on the premises, but not providing a 3 restaurant or accessory uses, such as lobby, recreational facilities or bay, typically associated with a hotel or lodge." Section 3 Section 24-3.2 of the Municipal code of the City of Aspen, pertaining to the Table of Conditional Uses in the Residential R-6, R-15 and R/MF Zone Districts, is hereby amended to add: "(2) For properties which contain a Historic Landmark: bed and breakfast; boardinghouse; two detached one- family dwellings or a two family dwelling on a lot which meets the minimum lot area of the underlying zone district. Section 4 Section 24-3.2 of the Municipal Code of the City of Aspen, pertaining to the Table of Conditional Uses in the Office Zone District, is hereby amended to add to the list of conditional uses for historic landmarks: "Bed and Breakfast; two detached one-family dwellings or a two-family dwelling on a lot which meets the minimum lot area of the underlying zone district.,, Section 5 Section 24-3.2 of the Municipal Code of the City of Aspen pertaining to the Table of Conditional Uses in the Commercial Core Zone District is hereby amended to add: (7) For properties which contain a Historic Landmark: bed and breakfasts; two detached one-family dwellings or a two-family dwelling on a 6,000 square foot lot. Section 6 Section 24-3.4 of the Municipal Code of the City of Aspen pertaining to the list of abbreviations in the Area and Bulk requirements is hereby amended to add: H.L. - Historic Landmark B&B - Bed and Breakfast Section 7 Section 24-3.4 of the Municipal Code of the City of Aspen requirements, pertaining to the minimum lot area per dwelling unit in the R-6, R-15 and R/MF zone districts in 4 %he Ar~a and Bulk requ~r~m~n%~, i~ h~r~by amended to add: In the R-6 Zone District: 4,500 per unit - Duplex 6,000 - Single-family 3,000 per unit - Duplex (H.L.) Bd Hs - No requirement (H.L.) B&B - No requirement (H.L.) In the R-15 District: 15,000 - Duplex (H.L.) Bd Hs - No requirement (H.L.) B&B - No requirement (H.L.) In the R/MF Zone District: Bd Hs - No requirement (H.L.) B&B - No requirement (H.L.) Section 8 Section 24-3.4 of the Municipal Code of the City of Aspen pertaining to external floor area ratio is hereby amended to add: "(6) Floor Area Ratio for two detached one-family dwellings or a duplex on a lot containing a historical landmark in the R-6, R-15 and R/MF zone districts and not meeting the minimum size for a duplex shall not exceed the floor area allowed for a single-family structure in such zone districts. Section 9 Section 24-13.3(a) of the Municipal Code of the City of Aspen, pertaining to non-conforming structures, is hereby amended to read: "(a) no such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. The above notwithstanding, historic landmarks in the R-6 and R-15 zone districts may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between principal and accessory buildings, and may be enlarged, provided, however, such enlargement does not exceed the allowed floor area of the parcel by more than five hundred (500) square feet, complies with all other area and bulk requirements of the Code, and 5 receives development review approval as required in Section 24-9 of the Code." Section 10 Historic Overlay District and Historic Landmarks, Section 24-9.4(d) (1) (i) of the Municipal Code of the City of Aspen, pertaining to review standards for all development involving historic landmarks is hereby amended to add: "(i) The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a Historic Overlay District or is adjacent to a Historic Landmark. In cases where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between principle and accessory building and exceed the allowed floor area, HPC shall find that such variation from the underlying area and bulk requirements is more compatible in character with the historic landmark than would be development in accord with the area and bulk requirements. Section I1 Section 24-3.7(e) (2) of the Municipal Code of the City of Aspen, pertaining to calculating allowable floor area of garage or carport space, is hereby amended to add: "For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, garages and carports shall be excluded up to a maximum area of four hundred (400) square feet per dwelling unit; provided; however, that on residential properties containing Historic Landmarks that do not meet minimum lot area requirements, garages and carports shall be excluded up to a maximum of four hundred (400) square feet for the property. All garage or carport space in excess of four hundred (400) square feet per dwelling unit shall be included as part of the residential floor area calculation... Section 12 Section 24-4.5 of the Municipal Code of the City of Aspen, pertaining to Numbered parking requirements for residential uses in all residential zone districts is hereby amended to add: "i/bedroom except for dormitory use upon application of a residential bonus overlay wherein the parking requirement shall be 2 spaces per 3 pillows, and except for Historic Landmarks wherein the parking requirement may be reduced by review of the Aspen Planning and Zoning Commission." Section 13 Section 24-4.5 of the Municipal Code of the City of Aspen, pertaining to Numbered parking requirements for lodge uses in all residential zone districts is hereby amended to add: "Review" Section 14 The City Council of the city of Aspen hereby establishes a historic designation grant program following the provisions stated below: 1) Only residential structures assigned with a rated value of historic significance of 4 and 5, as evaluated according to the provisions of Section 24-9.3(f) of the Municipal Code, may be qualified for a historic designation grant; 2) Application for a historic designation grant shall be submitted by the owner of the structure to the Planning Office at the time of application for historic landmark designation. 3) A grant total of two thousand dollars ($2,000) may be dispersed by the city Council to the owner of a qualified historic structure at the time of approval of historic landmark designation, according to the standards, procedure and recordation of designation set forth in Section 24-9.3(a) (b) and (c) of the Municipal Code; and 4) The number of structures awarded historic designation grants shall be limited to the first ten (10) structures per year receiving historic designation, on the basis of one-time only grant per structure. Section 15 If any section, subsections, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 7 such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 16 A public hearing on the Ordinance shall be held on the ~~ day of //~/~ , 19~, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be 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 ~'~ day of William L. S~irling, Mayor ATTEST: Kathryn SJKoch, City Clerk FINALLY, adopted, passed and approved this ~~J day of William L. S~irling, M~or ATTEST: Kathryn S~Koch, City Cl~k SB.ORD24 8