HomeMy WebLinkAboutordinance.council.016-89
ORDINANCE NO. /0
(series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
ASPEN LAND USE REGULATIONS TO PROVIDE INCENTIVES FOR THE ADAPTIVE
REUSE OF HISTORIC LANDMARKS
WHEREAS, Jack King, owner of the structure at 309 East
Hopkins, A/K/A, the Berko Building, has submitted to the City of
Aspen a privately initiated application for Code amendments; and
WHEREAS, the purpose of the proposed Code amendments is to
reduce the cost of affordable housing, parking and open space
fees which are applied to the renovation of designated historic
landmarks when additions or changes in use are proposed; and
WHEREAS, the Historic Preservation Committee held a work
session on January 24, 1989 to provide input on the Code
Amendments and made recommendations thereupon; and
WHEREAS, the Aspen Planning and Zoning commission
(hereinafter, "The Commission") reviewed the applicant's proposal
and adopted Resolution 89-4, recommending amendments to the Aspen
Land Use Regulations to provide incentives for the adaptive reuse
of historic landmarks; and
WHEREAS, the Aspen City Council wishes to accept the
recommendations of the Commission by amending the Aspen Land Use
Regulations to provide incentives for the adaptive reuse of
historic landmarks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 8, Sec. 8-104 A.l.b, Exemptions, of Chapter 24 of
the Municipal Code of the city of Aspen, Colorado is hereby
amended to read as follows:
"L General. Development which the Planning Director shall
exempt shall be as follows:
b. Historic Landmark. The enlargement or change of
use of an Historic Landmark intended to be used as
a commercial or office development which does not
increase the building's existing floor area ratio
or its net leasable square footage. The
enlargement of an Historic Landmark which develops
not more than one (1) residential dwelling or
three (3) hotel, lodge, bed and breakfast,
boardinghouse, roominghouse or dormitory units.
Enlargement which occurs
exceed these limits on
basis."
in phases
a maximum
shall not
cumulative
section 2
That Article 8, Sec. 8-104 D.l.c, Exemptions, of Chapter 24 of
the Municipal Code of the ci ty of Aspen, Colorado is hereby
amended to read as follows:
.. 1. General. Development which may be exempted by the
Commission shall be as follows:
c. Historic Landmark. The enlargement of an Historic
Landmark intended to be used as a commercial or
office development which increases the building's
existing floor area ratio and its net leasable
square footage. The enlargement of an Historic
Landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel,
lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units.
The applicant shall demonstrate that as a result
of the development , mitigation of the proj ect I s
community impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio
for the applicable zone district (excluding
any bonus floor area permi tted by special
review), the applicant shall provide
affordable housing at one hundred percent
(100%) of the level which would meet the
threshold required in Sec. 8-106 for the
applicable use. For each one percent (1%)
reduction in floor area below the maximum
permitted under the external floor area ratio
for the applicable zone district (excluding
2
any bonus floor area permitted by special
review), the affordable housing requirement
shall be reduced by one percent (1%).
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.
Any affordable housing provided by the
applicant shall be restricted to the housing
designee's moderate income price and
occupancy guidelines.
(2) Parking shall be provided according to the
standards of Art. 5, Div. 2 and Div. 3, if
HPC determines that it can be provided on the
si te ' s surface and be consistent wi th the
review standards of Art. 7, Div. 6. Any
parking which cannot be located on-site and
which would therefore be required to be
provided via a cash-in-lieu payment shall be
waived.
(3) 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 Commission.
(4) 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."
section 3
That Article 7, Sec. 7-404 A. 3, Review Standards for SDecia1
Review of Chapter 24 of the Municipal Code of the City of Aspen,
Colorado be amended by the addition of the following language at
the end of said section:
3
"When the HPC approves the on-site relocation of an
Historic Landmark into required open space, such that
the amount of open space on-site is reduced below that
required by this Code, the requirements of this section
shall be waived."
section 4
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
section 6
A public hearing
day of :J;r.~
on the Ordinance shall be held on the ~
, 1989, 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.
the City Council of the City of Aspen on the
~ ,1989.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
/OlHJ
day of
-'~~~7
William L. Stirling, Mayor
4
ATTEST:
~;/~
Katiiryn s. Koch, City Clerk
FINALLY,
$hay
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adopted, passed and approved this
, 1989.
ATTEST:
~c~~rk
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william L. stirling, Mayor
5
day of