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HomeMy WebLinkAboutagenda.apz.20011211 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, DECEMBER 11, 2001 4:30 PM PITKIN COUNTY LIBRARY BASEMENT MEETING ROOM I. COMMENTS A. Commissioners B. Planning Staff C. Public II. DECLARATION OF CONFLICTS OF INTEREST III. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. HISTORIC PRESERVATION PROGRAM CODE AMENDMENTS, Amy Guthrie, continued from 11/20 ~X,'~DOEO-J~Co B. 505 SNEAKY LANE SPECIAL REVIEW TO VAI~Y ADU DESIGN STANDARDS, James L,ndt ~T~ ~:>~o~f f~ c. CHRISTMAS INN LODGE PRESERVATION PUD, Fred Jarman IV. ADJOURN ~ MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director 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 - PUBLIC HEARING. DATE: December 11, 2001 BACKGROUND: Since last January, the City has been working with Debbie Abele and Grady Gammage, consultants with significant national experience in historic preservation, to improve our program. We are pleased with the outcome of this effort. 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 benefits for private property owners. There have been numerous meetings and events over the last year to give the community more information and input into the project. The participation has been exemplary. The proposed new historic preservation ordinance was discussed at a joint City Council, Planning and Zoning Commission, and HPC worksession on November 5`'' 1 HPC held a public hearing and endorsed the new program on November 28"' by a vote of 6 to 1. The purpose of this meeting is to seek P&Z input and to ask the Commission to recommend City Council adoption of the ordinance and associated code amendments. The package of benefits that the City may offer, which includes many activities unrelated to the Land Use Code, along with scoring forms related to historic designation are provided as an attachment for P&Z, but the Commission is not obligated to comment in that they will not be adopted into the code. The proposed ordinance will entirely replace the current sections of the Land Use Code related to historic preservation; Sections 26.415 and 26.420. In addition to the repeal and re-enactment of those sections, there are numerous other areas of the code that need to be amended to be consistent with the new procedures and terminology and to formalize any benefits that are related to land use. The Staff presentation on December 11" will highlight for the P&Z the major changes to the Land Use Code. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing. PROPOSED AMENDMENTS: All sections of the Land Use Code that are to be amended, denoted by strike and add, are identified in "Attachment l ." The majority of the changes outside of Sections 26.415 and 26.420, which are the existing historic preservation chapters, are to eliminate and replace the term "historic landmark," or to correct bad code citations. Substantive changes are explained in this memo. EXPLANATION OF NEW FEATURES OF THE HISTORIC PRESERVATION ORDINANCE: The ordinance is being re -written to eliminate vague language and confusing procedures found in the current document. We hope to make the ordinance more readable, to allow as many types of reviews as possible to be done at the staff level approval or at one hearing before HPC, and to improve the overall efficiency, effectiveness, and fairness of the process. Purpose and Intent- The "Purpose and Intent" statement currently exists in the Code, in the section that establishes the Powers and Duties of HPC. It is moved to this chapter to introduce the ordinance. Definitions- There is a general "definitions" section at the beginning of the Land Use Code. Some definitions of terms as they specifically relate to historic preservation are being listed in the ordinance for clarity. Designation of Historic Properties- Currently our system is confusing in that we have two forms of designation. A property may be listed on the "Inventory of Historic Sites and Structures," or it may be listed on the Inventory and also be declared a "Historic 2 Landmark." While the review process for the two forms of protection are the same, one - the Landmarks, have access to benefits that the others do not. There is not a clear measure for why some properties are landmarked and some are not, and the standards for both .forms of designation are vague. The ordinance now proposes more specific criteria that must be met for designation. These criteria address the overall importance of the structure in terms of architectural merit and historical, importance, but do not require that the property be a specific age. Currently, the ordinance says that a property younger than 50 years old can be designated if it is an "outstanding example" of the building type, but no definition of "outstanding" is given. 19"' Century buildings will be evaluated as to their "integrity" based on the forms provided as an attachment. They will only have to meet a threshold score of 50 out of 100 points to be eligible for designation. 20t" century properties will be evaluated first to determine if they meet the criteria of Section 26.415.030(B)(2), which has been further detailed through the attached "Historic Context Evaluation for Twentieth Century Resources" and then to see if they meet the threshold score on the appropriate integrity assessment form. These more recent buildings should have fewer alterations and will have to achieve 75 out of 100 points on the integrity form. The HPC is continuing to perfect the "Historic Context Evaluation for Twentieth Century Resources" with the input of property owners, to be sure that the recent past properties can demonstrate clear significance to the community. The new ordinance will require individual public hearings to add any property to the inventory, rather than the large group review held previously. If the City or HPC are initiating an application for designation, public notice must be provided further in advance (at least 30 days) than if the owner of the property requests listing. The Planning and Zoning Commission will no longer be required to review applications for- historic designation. Rescinding Designation- A clearer process for how and when an application may be. made to "de -list" from the inventory is included. The "de -listing" process and ability of the boards to make consistent decisions will benefit significantly from the more objective standards and scoring process described above. Design Guidelines- A process is established for adoption and periodic amendment of the Design Guidelines. The new ordinance states that a project that requires review must conform with the guidelines, a clearly written and illustrated document, rather than the more vague review standards in the current ordinance. Special Consideration- The new ordinance includes statements of the City's intent to provide benefits for historic structures and to do what is in its power to facilitate owner's efforts to preserve buildings, by granting certain waivers, financial benefits, and other forms of assistance. The benefit package has been written in more detail and is attached 3 for your reference. Council will likely have to make some decisions about how these activities will be prioritized for implementation and how they will be funded. Development involving Designated Historic Property- The same activities currently exempted from any kind of review are exempt in the new ordinance; interior remodeling and exterior painting. More activities are allowed the possibility of being approved by staff, if there are no negative impacts to a historic resource. Projects that must go before HPC are divided into "Minor" and "Major" (currently we say "minor" and "significant"). In granting a conceptual approval for a "Major" project, the HPC will be bound to some general agreements about the bulk and massing of the project so that the owner has some assurances that these will not be subject to further review as they move into Final. Currently, that is not the case and significant issues may be brought up at Final. We believe this will put the applicant at less risk. Amendments, Insubstantial and Substantial- A clearer process is laid out for how one gets approvals to amend a project. HPC currently assigns members of the board to act as "project monitors" during construction, and allows the monitors to approve certain changes. The process for monitoring is made more clear in the new ordinance. Staff may approve some very minor changes as well. Demolition of Designated Historic Properties- Some more clear criteria are being proposed for when a demolition may be approved. This section has proved confusing and problematic in the past. Temporary Restraint of Demolition- This is a new section to address the sort of problems that came up during the last attempt to update the historic inventory. The HPC will, on a more regular basis, discuss the types of historic resources present in the community that may warrant protection. A "stay" may be placed on the demolition of a certain building type or particular structure under study for a period of 6 months to allow a thorough exploration of the merits of the issue, and public discussion without the threat of demolition. This threat was the major motivating factor for Staff in planning the hearings in the fall of 2000, but resulted in anger and distrust by the affected property owners. Procedures for Obtaining a Certificate of Economic Hardship- It is important to have a means in place to allow a property owner to prove that designation creates a taking. The proposed process has been altered from what was discussed on November 5t''. Now the basis of the claim will be on the concept of a "taking" as established by the courts and will be heard by an unbiased third party (hearing officer.) The HPC will not review these applications. Relocation of Designated Properties- This section has not significantly changed. A temporary restraint on relocation provision has been added in line with the stay on demolition discussed above. 11 Demolition by Neglect- The ordinance currently contains language prohibiting "demolition by neglect," however, very little guidance is given as to what level of deterioration constitutes a violation of the regulations, or how a property owner will be informed of the issue and what action will be taken. A clear process is laid out in the new ordinance, including a hearing before a third party to determine if a violation has occurred. The proposed "benefit package" will include new financial awards, such as grants, to be made available to address any building neglect that is caused by financial need. This provision is very important to the overall success of the program. It is unfair to allow someone to circumvent the preservation process by allowing a structure to fall down. These "minimum maintenance" standards will be enforced when deterioration is of a nature that threatens the building. Benefits- The City already has a good package of "incentives" for historic properties. We intend to change this term to "benefits," as suggested by a property owner, and have discussed new ideas with Council, P&Z, and HPC that will even more clearly demonstrate the. City's commitment to assisting private property owners whose property is listed on the Inventory. We believe it has become more important than ever before that we make historic designation attractive to a property owner, particularly if we wish to protect any properties from beyond the Victorian period. The proposed benefits package includes grants for repairs to a historic property, reductions or deferrals of property taxes, historic landmark lot splits in more residential zone districts, TDR's, technical preservation and construction advice, marketing efforts to target visitors interested in "Heritage Tourism," and historic markers provided by the City to recognize designated places. We sent a survey out to 370 property owners asking them to indicate their preferences, the results of which are indicated in your packet. Note that the attached benefit package shows the entire list of services that the City could offer. It is likely that some of these may be eliminated or deferred by Council who will have to consider issues such as funding and staffing. Appeals, Notice to City Council and Call -Up- This section has not substantially changed other than a clarification that building permits will not be issued during the time when Council may call up a decision of HPC (up to 30 days after the hearing date.) Variances- This section has not changed other than that the criteria for the granting of variances includes consideration of adjacent historic properties. Penalties- This section has not changed, however, the penalty for undertaking a demolition without approval has increased from a five year moratorium on construction on the affected property, to 10 years. This is the timeframe that is used in Telluride and may serve as a better deterrent to prevent problems like that which developed on the Schelling property, given our high property values. 5 EXPLANATION OF SUBSTANTIVE CHANGES TO OTHER CODE SECTIONS (numbers correspond to notations made on "Attachment 1": 'The concept of historic significance is addressed in Chapter .26.415. and a general definition is not needed. 2The Planning and Zoning Commission will no longer be involved in the review of any properties being considered for historic designation. 'A procedure for the Historic Preservation Commission to adopt and update the design guidelines is provided in Chapter 26.415. Council will be asked to ratify the HPC's recommendation. 'The Planning and Zoning Commission will no longer be involved in the review of any properties being considered for historic designation. 5The HPC purpose statement has been moved to Chapter 26.415. 6A new process has been created in Chapter 26.415 to place a temporary stay on the issuance of permits to demolish or relocate a building under consideration for listing on the inventory. HPC is given the authority to deny issuance of permits under these circumstances. 'The HPC will discuss additions and deletions to the inventory on a more regular basis and will not hold the "periodic review" of the list envisioned in the current code language, which required a mass review every five years. 'P&Z has been given the authority to approve variances under an earlier code amendment. When considering variances on any historic property, P&Z must receive a recommendation by HPC. 'HPC is given the authority to create and adopt design guidelines. `HPC is given the authority to petition the Chief Building Official to enforce on cases of "Demolition by Neglect." 11Currently, the Historic Landmark Lot Split is only allowed in the R-6 and R-15A zone districts, and the minimum lot size is 9,000 and 13,000 square feet respectively. Staff, the HPC, and many owners of historic properties view the lot split as a very valuable benefit of designation, and one of the most successful aspects of our current program. The lot split has the effect of creating smaller additions to historic structures and appropriately scaled infill development. The message that has been clearly conveyed during the year long process of updating this ordinance is that the City needs to offer significant benefits to assist private property owners in the preservation of their buildings. The lot split needs to be extended to the other residential zone districts where this kind of development would be appropriate and it needs to be available to a variety of property sizes. With that in mind, the amendment to this particular code citation, and other locations to be discussed below, allows the Historic Landmark Lot Split within the R-6, R-15, R-15A, RMF, and O zone districts. This covers all of the residential zone districts where historic resources have presently been identified. Because several of these districts already allow the possibility of two detached units on a parcel as small as 6,000 square feet, that will be the minimum lot size to be eligible for the benefit. (The HPC voted 4 to 3 on November 28, 2001 to recommend that P&Z and Council take immediate action to 0 consider extending the lot split to more historic properties, and properties as small as 6,000 square feet.) 12Not all properties which will be allowed a Historic Landmark Lot Split will be able to apply the duplex FAR to the project. Some of the smaller sites that are incorporated by the inclusion of 6,000 square foot lots will be restricted to using the single family FAR. The specific restrictions are identified in the zone districts. 13Recently, the Planning and Zoning Commission recommended approval of a privately sponsored code amendment to allow the Historic Landmark Lot Split in the Office zone district. The code amendment failed at Council because they wanted to see it discussed as part of the overall update to the program. P&Z previously reviewed this proposed language, which deals with the fact that floor areas in the Office zone district are specifically related to the use of the property. "This language has been confusing in the past and was recently the subject of a Planning Director's Interpretation. When a lot split project is granted an HPC floor area bonus, that bonus may be allocated to the project as a whole and does not have to be specifically assigned to the historic structure. 15Currently, HPC has the authority to waive the requirement to provide parking associated with residential development, and can waive the parking and cash -in -lieu fees for any commercial development per the Growth Management chapter. This authority, which is another important preservation tool and benefit for property owners, is now stated more clearly in the off-street parking requirements. 16Language is added to the regulations for satellite dishes to make it clear that all dishes will be considered development that requires at least a staff level review when installed on a historic structure or in a historic district. 17In keeping with the discussion of broadening the Historic Landmark Lot Split program, and making this benefit more accessible to property owners, in the R-15 zone district, the ability to create 2 detached homes on a lot which is 15,000 square feet or greater is changed from a conditional use to a permitted use. "on any non -conforming lot in the R-15 zone district, meaning a lot that is smaller than 15,000 square feet, the ability to do two detached homes will have to be confirmed through a Conditional Use review at P&Z. If the Conditional Use is granted, the owner will be able to apply for a lot split. If the density is considered appropriate, the City can easily allow fee simple, rather than. condominium ownership of the buildings, as 'a benefit. 19The minimum lot size that can result from a Historic Landmark Lot Split in the R-15 zone district will be 3,000 square feet. This is consistent with what is allowed in the R- 15A zone districts, where the lot split has been permitted for some time. The idea behind allowing such a small parcel to be created is that, ideally, the historic structure should be located on a small lot, with a very modest amount of new floor area assigned to it. The bulk of the square footage can be in a new structure, on the remaining larger piece of the land. 20In like with allowing a 3,000 square foot lot to be created through the Historic Landmark Lot Split, the minimum lot frontage must be reduced to 30 feet. Again, this is consistent with what already exists in R-15A. h 21Under today's regulations, any property, historic or not, in the RMF zone district can create two detached homes on a 6,000 square foot parcel by right. Historic properties will be given the benefit of fee simple ownership by reducing their minimum lot size requirement to 3,000 square feet. 22The minimum lot width for historic properties in the RMF zone district is reduced to 30 feet, again, to allow for the Historic Landmark Lot Split. "The Office zone district currently allows two detached homes on 6,000 square feet as a conditional use. The code is being amended to allow this by right on properties of at least 9,000 square feet to make the benefit easier for property owners to obtain. This is consistent with the adjoining R-6 zone district. Two detached homes on a lot between 6,000 and 9,000 square feet will still require conditional use approval. 24The minimum lot size for historic properties in the Office zone district will be reduced to 3,000 square feet to allow the lot split. 25The minimum lot width for historic properties in the Office zone district is reduced to 30 feet, again, to allow for the Historic Landmark Lot Split. SUMMARY: The process of updating and improving the Land Use Code, notably the Historic Preservation Section, has been on -going for almost one year. The project has resulted in: • New processes for historic preservation actions; • Revised standards of review; • New and clarified benefits for historic resource preservation to property owners; and • An overall clarification of the code that brings about a more predictable and fair way of achieving historic preservation goals. STAFF RECOMMENDATION: Staff recommends the Planning and Zonin Commission recommend Council approve the code amendments and Resolution No. , Series of 2001. RECOMMENDED MOTION: "I move to approve Resolution No.4-gSeries of 2001, to recommend the Council approve the Land Use Code amendments as contained within the resolution." ATTACHMENTS: Resolution No.11, Series of 2001 1 . Amended Land Use Code sections, denoted by strike and add 2. Response to Section 26.314.040, Review standards for text amendments 3. Proposed Benefits 4. Historic Context Evaluation for Twentieth Century Resources Worksheet Integrity Assessment Forms: 19` Century Miner's Cottage, 19"' Century High Style Residence, 19"' Century Commercial Structure, Chalet, Modern, Rustic/Log Kit 0 ATTACHMENT 26.104 DEFINITIONS 26.104.100 Definitions. As used in this code, unless the context otherwise requires, the following terms shall be defined as follows: 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 hz st . A N I ' 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 24-.42-0- 26.415 of this Title. •• • • • + t • • . • • ♦ i 1 • r + + • i _ "Wwa . • .. • • - Historic Overlay District, "H". An area or site designated and regulated for its historic architectural importance under Chapter 2€-4 -0 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 by or non -working residents. 26.208 CITY COUNCIL 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 histerie- !a-ndmai4 the Ashen Inventory of Historic Landmark Sites and Structures, after recommendation from the �',,,,�,",n --A 7pfli g r^rnrn�nnti�r+ --A +1�o Historic Preservation Commission, pursuant to Chapter 26.420 26.415;2 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 hip ^ri - '-CUTam "11-L p,- 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; 1. To adopt ratif historic district and historic landmark development guidelines - ntfuetufen pursuant to Chapter 26.415;3 26.212 PLANNING AND ZONING COMMISSION 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: 10 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. the City Geuiieil, pufstiant to G ter-26.420, H-. I. 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; L. To make determinations of exemptions from the growth management quota system (GMQS), pursuant to Chapter 26.470; J-. K. To hear, review and recommend approval, approval with conditions, or disapproval of a plat for subdivision, pursuant to Chapter 26.480; K—. L. To hear and approve, approve with conditions, or disapprove conditional uses pursuant to Chapter 26.425; &M. To hear and approve, approve with conditions, or disapprove development subject to special review, pursuant to Chapter 26.430; M-.N. To hear and approve, approve with conditions, or disapprove development in environmentally sensitive areas (ESA), pursuant to Chapter 26.435; N�O. To make its special knowledge and expertise available upon reasonable written request and authorization of the City Council to any official, department, board 11 commission or agency of the City of Aspen, Pitkin County, State of Colorado, or the federal government; and O-.P. To adopt such rules of procedure necessary for the administration of its responsibilities not inconsistent with this title. P-. Q. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; Q R. 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. 26.220 HISTORIC PRESERVATION COMMISSION Sections; 26.220.010 -Purpose— Powers and duties. 26.220.020 Powers and duti Qualifications for membership. 26.220.030 Membership; appointment, removal, terms and vacancies. 26.220.040 i Staff. 26.220.050 Staffi. Quorum and necessary vote. 26.220.060 Quorum and neeessary vote. Meetings, hearing and procedure. 26.220.070 Meet;rn- ' 1l1 V�. ""''""' ""a '""" Committees and project p`r-oee monitoring. 2-6 22n non Committees f1Hf1 Y►N"lA/4' 7YfAll7�ANlillf 1 1 1UTru,• . More NEW i i SUNKA • i� • 0 1 r • - •. . • r r 12 of L11L , i Pr-er.Je Y atie Element. 26.220.OU010 Powers and duties. The Historic Preservation Commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to Commission and the City Council of the designation of H, Historic Overlay Districts or- 14ister-ie Landi-arlv--and the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.420415; B. Review and approval, approval with conditions, suspension or disapproval of development within the H, Historic Overlay District or development involving a h ster-i . 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 a en the hiventeFy of Hister-ie Sites Wf4h-&� of Aspen, as per-iodioally nmo»,aoa 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 ; 6 •_.... •WA 1EASIR &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 a historic, � drrc= properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, pursuant to Chapter 26.415.130.8 F.E. Reeemmendatien of� he City Goune4Adoption of Historic District and Historic Landmark Development Guidelines, pursuant to Chapter 26.4-N415;9 13 �F. Recommendation to the Planning and Zoning Commission to initiate amendments to this Chapter; H-.G. To hear and approve, approve with conditions, or disapprove variations pursuant to Chapter 26.415; and 1-. 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. J-I. To hear, review and approve variances to the Residential Design Guidelines, pursuant to Chapter 26.410; K—. 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.10 26.220.0M020 Qualification for membership. Members of the Historic Preservation Commission shall be qualified electors in Aspen and residents for tie -{2Z one 1 years -prior to appointment. 26.220.040030 Membership; appointment, removal, terms and vacancies. 26.220.0�0040 Staff. 26.220.0"8050 Quorum and necessary vote. 26.220.0-70060 Meetings, hearing and procedure. 26.220.080070 Committees and project monitoring. 26.304 COMMON DEVELOPMENT REVIEW PROCEDURES 26.304.020 Pre -application conference. 14 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 and location of common open space or treatment of public uses; preservation of natural features; preservation of hister-ie stTuettffes and landMal4sproperties 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 historic land nar-k-(Ghaptef 26.429). 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 15 Development in an "14," Histefie Overlay Distfi involving the rove f efy of hist-' fhist-' sites ' aii st,-,,,.tu Aspen Inventory of Historic Landmark Sites and Structures or in an "H,"�Hiis�to�riic�-1Overrl��ajy District: Chapter 26.415 HJte1Z�i 'Ovef4ay Distfi eiand Histefie handmarks-;Chapter- 26.420 6i•470 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 26.312 NONCONFORMITIES 26.312.030 Nonconforming structures. 2. rAterie-laic n Historic Structures. The only exception to this requirement shall be for a structure designated t^� ndm ah 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 26.415.010(D)(1)(a): 26.312.050 Nonconforming lots of record. C. A4sterie lan,ai,,, r,k. Historic Property. A lot of record containing an histen- 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 26.42.0415. 26.415 and 26.420 Repealed in their entirety and replaced with the following: Chapter 26.415 16 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 Desi nation 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. 17 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 pennits 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 -property to convey its significance relative to the aspects of location, setting design, materials, workmanship and association. Monitoring Committee — A subconunittee appointed by the Historic Preservation Commission of up to two (2) Commission members and the Historic Preservation Officer to provide oversi¢ht 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 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. m Repair - To restore to a sound or good state after decay, dilapidation or partial destruction. Restore — The repair or recreation 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 of 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 and 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 Landmark 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 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 significanc6 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: 19 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 can 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 philosopher 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 Inventoryof 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 Hearinks & Notice. 1 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. 2 A date for a public hearing on a complete application will be scheduled before the HPC. Notice of the hearing shall be provided accordingto o 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 20 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 byCity 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 propertyno o longer meets the criteria for designation and in Section 26.415 030 (D)(3) and 4) 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 facilitate the proper development of the Cit. of f 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 21 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, herein and after 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. Confonnance 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 Unifonn 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 Om approved in accordance with the procedures established for exempt activities, minor work and minor or major development. 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 maybe 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 subiect propertv 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 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. 23 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. Alteration to no more than two elements of non-primar�fagades 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. Certif cate 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 fagade, 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 in 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 Mayor Development. In such 24 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 develo ment d. Photographs and other exhibits, as needed, to accurately depict location, extent and design of proposed work. 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 confonnance 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 ofAppropriateness for Maior� 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 fagade 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 25 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() 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. b The procedures for the review of Conceptual Development Plans for Major Development projects are as follows: 1 The Communily 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 gpplicable 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 proj ect'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 (11year 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 ant 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 1/4" = 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 and/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 27 hearing shall br provided pursuant to Section 26.304.060(E (3 (a),(b) and LCI 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 chantey 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 reasonablyanticipated duringthe he 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. NRN 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 mqy 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 and/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 appro np 'ate 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 proj ect'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 pro j ect'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 29 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 Considerinz 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 analyze's the request relative to the 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: 30 e. The structure does not contribute to the significance of the parcel or historic district in which it is located, and f. The loss of the building, structure or object would not adverselyaffect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and g. 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 qpproval of an acceptable re -use plan. B. Procedures for Obtaining a Certificate of Economic Hardshi 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 rograms may be considered. 31 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 iointly prepare a report setting forth the Cit�ponse. 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 Cites 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 Superior Court within thirty(30) days of issuance of the Hearing Officer decision. 32 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 com 1p eted. 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.All properties under_ consideration for designation and, therefore, subiect 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 stU period may be extended by City Council in the form of a resolution, at a public hearing, with a showing of good cause. 26.415.090 Relocation of DesiLynated 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. 33 4. A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its the 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 necessM 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. 34 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 anyone 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: 5. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 6. An appropriate receiving site has been identified; and 7. 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, subiect 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 W 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 extended 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 Upkee 1. The owner, or such other person who may have legal possession, custody, nd 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. 36 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 desi ng ated 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 havinglegal egal 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 hearingis s 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 and/or other parties intend to snake atinlication 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. 37 C. Appeal Within 30 days, the owner ma 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. Historic Property 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 ma 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 Dimensional variations are allowed for proiects 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 mace 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: M 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, adjoining designated historic property or historic district. C. Parking Parkine reductions are permitted for designated historic DrODerties 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 maybe 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. 39 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 is 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 CallUp 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 maybe 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 promptl 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 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 cep period. D. City Council Action on Appeal or CallUp 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, Ei 2. Altering the conditions of approval, 3. Remandingthe he application to the HPC for rehearing_ The Chair or Vice -Chair 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 ma by e required to restore the building, structure or settingto o 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 proceedingplace 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 will be subject to revocation. 26.430 SPECIAL REVIEW 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 external Floor Area Ratio, as provided in specified zone districts, the development application is subject to the following criteria: 41 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 u;�o_ handm 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. 26.470 GROWTH MANAGEMENT QUOTA SYSTEM 26.470.070 Exemptions 26.470.070(A) Remodeling, restoration, or reconstruction of existing buildings 3. Replacement of structures listed on ' the Ashen 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 as an hister-ie landmark 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 42 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 Ashen Inventou of Historic Landmark Sites and Structures. 1. Change of use. The change of use of a h ster- e ,an mnr>> a -propertylisted 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 an hist er- e ,an mna 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 proj ect'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 anhi-stef e landmark a property listed on the Armen 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 an ]� -istefie la dm nr�, a property listed on the Aspen Inventory of Historic Landmark Sites _1an�d_ 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 n inter h.,r e amnr,, a property listed on the Aspen Inventory of Historic Landmark Sih Sites and Structures to be used as a commercial, office, or mixed use development including a residential component shall be reviewed by 43 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 an hister-ie- !a-ndm istoric 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 oei4; ster- e .l a-n gym nrnexemptions 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 in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. (4) 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 Historica4 Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Chapter 26.4153 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) 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 wellbeing 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 Landmark ark s r, enures andstfuetufes limed i f1,o ;r��on�orsL l�Ka VU 11U YV\.a iai baav aaa aavva J oz.hist efie stfuet„ros-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; 45 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; f. ensuring the site's usability for social activities. 26.480 SUBDIVISION 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 ^ designated histe' , 1andm-arAE, 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 2 8 ,26.480.030(AJJ2) and (4), seetien- 26 inn 050(n v2)(e) section 26.470.070(C), and section G) 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, zone ,list,- etor- ., R-15A, RMF, or O zone district. 11 - b. The total FAR for both residences shall not exeed the f ^^Y grog allowed l owe for- ^ duple* ,-„-, the er--ig nal par -eel 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.12 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 i, -,.,,,li i,P i;mited to the maximum allowed on a lot of its si to the R-6 standards. is commercial/office use on both newly created lots the .,w,+;�� ;,, rhP 7.nne district will be applied.l osed development meets all dimensional requirements of t he c, The prop , ,_ onus -es The variances rovided in S ection underlying zone district. and c are only permitted on the parcels that will contains the 26 415 120(B)(1)(a)(b), on historic structure. Th e FAR bonus will be a lied to the maximum FAR allowed or ¢inal parcel. 26.500 DEVELOPMENT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC 26.500.050 Procedure. public B. City Council Determination of Eligibility. Following shall by aresolution the Cit Council hearing in accordance with Section 26.304.060(C), th meet is reasonably necessary for (a) make a determination whether the proposed development pthe standards of Section the convenience and welfare of the public by applyingte proposed project to include 26.500.040; (b) establish a procedure for re 'sh a Task Force Team to review the development proposal standards of review; (c) establish and identify m embers of City boards, commissions, and other interested parties, as members of t least two (2) members of the public at large) to be include and Zoning (including a the Ta sk Force Team, which shall include representation by the Planning to be used to review the Commission; and, (d) establish a timeframe for the proceduVelo ment subject to Chapter development. If the proposed project proposes de p proposed > 26.415, ' Development invol ving the As en invento of Historic Landmark Sites and the City Council shall Struc tures or Develo meet in an "H " Historiistric c Overla Dan ation for review of the include in the review procedures the requirement fos n pn accordance with the eligible project to the Historic Preservation o Cit sCouncil may, in appropriate applicable sections of the Land Use Code. T process it adopts a separate referral to the circumstances, include as part of the review p Planning and Zoning Commission, or any other City board and commission for their separate review and recommendation. Should the City Council determine thate fare of the proposed sed development is not reasonably necessary for the convenience nicable sections of this blic the application shall be reviewed in accordance withtat any time upon the request public, . Land Use Code. The City Council may amend the resolutoo u on its own motion. of the applicant, the Community Development Director, p 47 26.510 SIGNS 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 an hister- e !and 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. 26.515 OFF-STREET PARKING 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 Lode Residential All Others R6 Special Review * Special Review R15 Special Review * Special Review R-15A N/A * Special Review R-15 B N/A * N/A R-30 N/A * Special Review R-MF Special Review * S ecial Review MHP N/A * Special Review AH/PUD N/A * * N/A RR N/A * Special Review CC 0.7 space/bedroom, may be provided via payment -in -lieu * 2 spaces/1,000 sq. ft. of net leasable area, may be provided via a ent-in-lieu C-1 N/A * 1.5 spaces/ 1,000 sq. ft. of net leasable area, Many 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 O 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 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 landffi—arlks enly, and fewe . 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) spaceibedroom 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.15 26.520 ACCESSORY DWELLING UNITS 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 a u,ste T n� k, on the� , listed on the Aspen InventoGryi� 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. 26.575 OPEN SPACE 26.575.030 Open Space. 50 A. Standards for open space. Development which is required to provide open space shall comply with the following provisions: 10. Trellis structures within required open space shall only be proposed in conjunction with commercial restaurant uses on a designatedH er-io TLandm �lE 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 l . 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 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 histefie landmark property listed on the Aspen Inventory of Historic Landmark Sites and Structures. 26.575.120 SATELLITE DISHES 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 Commmunity 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 accordingto o Chapter 26.415.070.B. 16 51 26.575.130 WIRELESS TELECOMMUNICATIONS 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 confonnance 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. 52 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. 26.610 PARK DEVELOPMENT IMPACT FEE 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. C. Development of essential community facilities. D. Affordable housing subject to Affordable Housing Guidelines. E. Development involving a hister-ie landmark 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. 26.710 ZONE DISTRICTS 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; 53 2. Public or private academic school; 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. For properties which eentain a-histor-i ^ landmark 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: l . Minimum lot size (square feet): 6,000. For lots created by Section 26.480.030(-E) 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 eentains ^ hist er- ^ ' and ar-k 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(E)L4) Historic Landmark Lot split: 30. record): 10. External floor area ratio (applies to conforming and nonconforming lots of i Lot Size Detached Residential ' #Allowable Sgar� Feet* �.,. _...._. .�..�.. w ..___ ..�. _ s_-_n ,. .ter w 54 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet eentaini ng a h;ster4eal!aidmark 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. 55 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet eent " ing ^ h teri al latex'"''^'- 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 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.17 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 eentain a hister- e'an m^r'r 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 15000 nine thousand (9,000) square feet.18 57 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: 3,000.19 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 property eei:Aains a- histe !a-n mark 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 7,580 four thousand five hundred (4,500) square feet per dwelling_ 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: 30.20 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): *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet eontai inn a histefieal l,,,,aw,ark When the property 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.) 59 *Total external floor area ratio for two detached residential dwellings or a duplex on a lot less than 20,000 square feet eentaini n a histe4^n"nnamwhen the property 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: l . 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 whic I eentain a 'issue ic-ffi m.ar.k 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: 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: l . Minimum lot size (square feet): 15,000. For lots created by Section 26.480.040(E) 030(4) of this Ge4e, 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 property eent-ains a- '=tones mark is listed on the Aspen Inventory of Historic Sites and Structures, in 61 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 26.480.040(_ 030 4 of this Ge4e, Historic Landmark Lot Split: 30. 26.710.090 Residential Multi -Family (R/MF). 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 6,000 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 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: l . Park and open use recreation site; 2. Public and private academic school; 62 3. Church; 4. Group home; 5. Child care center; 6. Museum; 7. For properties which eentain a hi Jtefie landmark 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: 3,000.21 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. 3. Minimum lot width (feet): 60. For lots created by Section 26.480. 030(4 Historic Landmark Lot Split: 30.22 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 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; 63 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; 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 designated as stor- landmarks rks 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'�r-ie 1. FL:Q properties listed on the Aspen Inventory of Historic Sites and Structures and which are not restricted to six-month minimum leases; 8. For properties which ee fain a Mite ' !ardmar-k 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: 65 l . 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 desipated as rrrJ er- landmarks listed on the Aspen Inventory of Historic Sites and Structures and multifamily dwellings; 10. Broadcasting stations; 11. Home occupations; 12. Accessory buildings and uses; 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 adj acent 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 may be free market units if an accessory dwelling unit shall be provided for each unit.23 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 that have Feeeiyed-hi terse 1.,,-,.a,-,-,ark deli at 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 67 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 en a let eerAaining-a- hister-ie laiidfk 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: 3'000.24 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 (50016) 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: 30.21 .• ATTACHMENT 2 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 City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards, and staff s 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 this code amendment is to eliminate vague language and confusing procedures found in the current historic preservation chapters. We hope to make the ordinance more readable, to allow as many types of reviews as possible to be done at the staff level approval or at one hearing before HPC, and to improve the overall efficiency, effectiveness, and fairness of the process. Staff and the HPC are enthusiastic about this code amendment and its potential to significantly improve our operations and credibility. The new ordinance and associated code amendments 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 finds 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 historic landmark lot split, which is addressed in the amendments, is specifically called out as an innovative preservation tool that should be used. 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, and does not specifically increase density since. In regard to the expansion of the lot split program, a duplex or two detached houses is already allowed in some form in the zone districts where the lot split is proposed to be added as a benefit. 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. The only area of the code amendment that is relevant to 70 this standard is the lot split, and, as stated above, the density is already envisioned in the zone district regulations. Staff finds that this standard is met. 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. 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. H. 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. Aspen's neighborhoods are becoming increasingly affected by traffic and relatively large scale new development. Any efforts to preserve a small scale, pedestrian orientation to town, through the preservation of unique buildings and creation of some more modestly sized buildings, would be beneficial. 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. 71 MEMORANDUM To: Planning & Zoning Commission THU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director `� FROM: James Lindt, Planning Technician RE: 505 Sneaky Lane Special Review for an Interior Door between an ADU and the Main Residence (Proposed Workshop.Area), Public Hearing DATE: December I I, 2001 APPLICANT: Bob Camp PARCEL ID: 2735-122-70-004 ADDRESS: 505 Sneaky Lane ZONING: R-3 0 PUD (Low- Density Residential) CURRENT LAND USE: 51,770 SF lot that contains a duplex with an ADU PROPOSED LAND USE: The applicant proposes to reduce the size of a two -:story ADU that is currently being constructed above a detached garage. The applicant requests to convert the, first floor of the ADU into a workshop area for the use of the main residence (please see ADU floor plan attached as Exhibit "B"). The ADU would still meet all of the ADU design standards except that it would technically have an interior door. A special review approval for a variance from the ADU design standards would be required to allow for an interior door to remain between the ADU and the proposed workshop space that will be used by the primary residence. STAFF COMMENTS: The applicant, Bob Camp, seeks special review approval to vary the ADU design standards to allow for an interior door between the ADU entryway and the proposed first floor workshop area to be used solely by the main residence. The ADU was originally reviewed by the Planning and Zoning Commission through the stream margin review process and was approved to be constructed pursuant to the Resolution No. 10, series of 2001. At that review, the applicant only showed the upper portion of the structure as being part of the ADU. It appears that there was a mix up between the architect and the owner on the building permit submittal that was approved, in that the architect included the workshop space as part of the ADU and labeled it as such. The approved building permit plans show the first floor workshop portion of the structure as being included as part of the ADU FAR. Therefore, the ADU would be in complete compliance with the ADU design standards as it is shown on the approved building permit plans because the proposed workshop area is included as part of the ADU. To obtain approval for the variance from the ADU design standards to allow for an interior door to remain between the proposed workshop area designated for the use of the main residence and the ADU, the application must meet the following review criteria pursuant to Section 26.520.080(D), Special Review: a) . The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. STAFF COMMENTS: Staff believes that allowing for the interior door to remain would take away from the general livability of the upstairs ADU unit in that the resident of the ADU would have to walk through the applicant's workshop area to get to their unit. Staff does not take issue with the applicant's proposal to change the first floor space from part of the ADU to a workshop area. It appears that it was the applicant's intention to use the space as a workshop in the first place because the Stream Margin Review plans showed the space as a workshop, and the ADU would still meet all of the applicable design standards with the exception of the interior door. However, staff feels that a separate entrance to the ADU should be provided into the stairwell and that the workshop area should be walled off from the stairwell, which would allow the conversion of the space, and still maintain the ADU's compliance with all of the applicable design standards. Staff feels that if the applicant is going to take net livable square footage away from the ADU, it should be required of the unit to remain in compliance with all of the ADU design standards, including the standard that requires a separate exterior entrance. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the special review applications to allow for an interior door between the ADU and the proposed workshop/studio area. RECOMMENDED MOTION(ALL MOTIONS ARE STATED IN THE POSITIVE): "I move to approve Resolution No._, Series of 2001, approving a special review to vary the ADU design standards to allow for an interior door to be maintained between the ADU, located above the garage, and the proposed first floor workshop area located at 505 Sneaky Lane." 2 ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application & Plans Exhibit C -- Planning and Zoning.Commission Resolution No.303eries 2001 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR AN INTERIOR DOOR TO BE MAINTAINED BETWEEN THE UPSTAIRS ADU AND THE MAIN RESIDENCE ON THE PARCEL LOCATED AT 505 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-122-70-004 Resolution No. 90 (Series of 2001) WHEREAS, the Community Development Department received an application from Bob Camp, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to maintain an interior door between the ADU and the proposed workshop area that is for the use of the main residence. The applicant's property is located at 505 Sneaky Lane, of the City and Townsite of Aspen, Colorado; and WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review Standards pursuant to 26.520.050(2)(a); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staff s findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet one of the following review standards in order for the Planning and Zoning Commission: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability 2 of transit services, and walking proximity to employment and recreational opportunities. WHEREAS, the Community Development Director, after review of the requested variances, recommended denial of the special review to allow the applicant to vary the ADU design standards to allow for an interior door to be maintained between the ADU and the first floor workshop area for use by the main residence; and WHEREAS, during a duly noticed public hearing at a regular meeting on December 11, 2001, the Planning and Zoning Commission, approved a special review for the ADU design standards to allow for the applicant to maintain an interior door between the ADU and the proposed workshop area for the use of the main residence, located at 505 Sneaky Lane, City and Townsite of Aspen by a vote of to . (_-_); and, NOW, THEREFORE BE IT RESOLVED by the Commission: CPrtinn 1 That a special review for a variance from the ADU Design Standards to allow an interior door to be maintained between the ADU and the proposed first floor workshop area for the use of the Main residence, locates at 505 Sneaky Lane, Aspen, Colorado, is approved pursuant to Section 26.430, Special Review. APPROVED by the Commission at its regular meeting on December 11, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 7 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS Section 26.520.080 Special Review for ADU Design Standards The Planning and Zoning Commission may grant relief from the Accessory Dwelling Unit (ADU) Design Standards at a public hearing if the variance from the design standards is found to be: a) the proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability; and, b) the proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and, c) the proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of on -street parking, availability of transit services, and walking proximity to employment and recreational opportunities. In response to the review criteria for a variance from the ADU design standards, staff makes the following findings: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the unit's general livability. Staff Finding Staff finds that the special review to allow for an interior door to be constructed between the ADU and the proposed workshop area would detract from the general livability of the ADU unit, in that the door would reduce the intended separation between the ADU and an area for the use of the main residence. Staff feels that because there is an open stairwell to the ADU, allowing for access to be maintained from this workshop area to the ADU would detract from the privacy of the unit. The proposed ADU plan does not include a door at the top of the stairwell to even allow for the ADU resident to lock off the unit from the workshop area. Staff feels that this criterion is not met. 2 b) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all the dimensions, site configuration, landscaping, privacy, and historical significance of the property. Staff Finding The ADU to be well integrated into the entire site, however; staff finds that allowing the door between the ADU and the proposed workshop area on the first floor will take away from the privacy of the upstairs ADU. As proposed, the unit will not have a door at the top of the stairwell to lock it off from the workshop area. Staff feels that this criterion is not met by the application. c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. Staff Finding Staff finds that this application does not detract from the neighborhood considering the development design and siting. This standard is not tested by the change to the development proposal from what was originally approved. W1 IIIIII IIIII IIIIII IIIIII IIl IIIIII IIIIII III IIItI IIII fill 452713 03/26/2001 02:37P RESOLUTI DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION NO. 10 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE STREAM MARGIN REVIEW FOR AN ADDITION TO AN EXISTING DUPLEX AND NEW GARAGE WITH AN ACCESSORY DWELLING UNIT AT 505 SNEAKY LANE, CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2735-122-70-004 WHEREAS, the Community Development Department received an application from Bob Camp and Cindy Curlee ("Applicant"), represented by Rally Stupps of Studio B, for an Environmentally Sensitive Area — Stream Margin Review, for a partial demolition and addition to one-half of a duplex and the demolition and reconstruction of a detached garage with a new accessory dwelling unit, at 505 Sneaky Lane, City of Aspen; and, WHEREAS, the subject property is approximately 52,186 square feet, and is located in the R-30/PUD, Low Density Residential Zone District; and, WHEREAS, the Planning and Zoning Commission may approve development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and, its tributary streams, or within the one -hundred -year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area if the development complies with all of the review criteria set forth in Section 26.435.040(C) Stream Margin Review; and, WHEREAS, the subject property and proposed development are located within 100 feet of the Castle Creek 100-year floodplain; and, WHEREAS, the Community Development Department recommended approval of the Stream Margin Review with conditions; and, WHEREAS, during a duly noticed public meeting on March 6, 2001, the Planning and Zoning Commission approved, by a five to zero (5-0) vote, the Stream Margin Review for the Camp Residence, 505 Sneaky Lane, with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: 452715 03/26/2001 02:37P RESOLUTI DAVIS SILVI Section 1 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO That the Stream Margin Review, Plan Set C, for the Camp Residence, 505 Sneaky Lane is approved with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect. 2. Prior to issuance of a building permit: a. Prior to the issuance of building permits or development including demolition, the applicant shall submit a detailed landscape plan to the Community Development Department and Parks Department showing the size, species, quantity, and location of all existing and planned native vegetation in the area proposed for development to the 100-year floodplain. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department. No other landscape improvements or changes to the terrain, except those approved by the Community Development Director, are approved. b. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. c. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative, agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. d. The City Engineer shall approve the grading and drainage plan for.the parcel, including the proposed addition, driveway, and garage. e . The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads.. f. The improvement survey notes a Pedestrian and River Recreation easement, however, no lines appear to indicate the width or exact location of the easement. The applicant should provide a legal description_ of the easement for this application. g. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director -for off -site replacement or mitigation of removed trees.. The site plan/landscape plan indicates that several trees are to be removed as part of this development. The improvement survey should indicate the size and species of the trees on the lot over four (4) inches in diameter at four and a half feet (4 Vz') above grade. No excavation or storage of materials is permitted within the dripline of existing trees to be saved. 3. Run=off from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the City Engineer. 4. For the purpose of maintaining the integrity of the Castle Creek riparian area and to minimize the impacts from the new development and construction, the applicant shall observe the following construction process: a. The Applicant shall place silt fencing at the 100-year floodplain for the entire construction process. No construction or alteration of the landscape is permitted beyond the 100-year flood plane. b. Existing vegetation within the construction area shall be tied back to prevent damage. c. After construction, all disturbed soils shall be stabilized and/or revegetated to the approval of the Community Development and Parks Departments, as indicated in the Landscape Plan. d. All representations made by the applicant's representative to the Commission concerning the process, timing, and materials for construction shall be considered conditions of approval. 5. The building permit application shall include: a. A copy of the final recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The Aspen Fire Marshal shall approve ingress and egress to the property. 6. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the parking limitations of the area. The applicant shall inform the contractor of this condition. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 8. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee.. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 11. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 452718 03/26/2001 02:37P RESOLUTI DAVIS SIWI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 12. The Aspen Fire Marshal shall approve a fire suppression system for the structure. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if filly set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement. of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 6th day of March, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: rty Attorney Robert Blaich, Chair ATTEST: ckie Lothian, Deputy City Clerk 452715 03/26/2001 02:37P RESOLUTI DAVIS SIWI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO Robert Camp & Cynthia Curlee P. O. Box 692, 505 Sneaky Lane Aspen, CO 81612 September 10, 2001 Mr. James Lindt City .of Aspen, Community Development 130 S. Galena Aspen, CO 81611 Dear James, Thanks for meeting with Rally Dupps about our ADU issue. As we proceed, we want to be sure that our concerns and proposed action are clear. ,By way of background, our initial building permit application included the same garage - building footprint, but did not include the second story ADU. The room to the west of the garage was to be a multipurpose room, as part of the main residence, for use as an office, storage, gardening, studio etc. When we added the ADU on the upper level, our concept of the lower level room did not change. According to the approvals and building permit, the lower level is part of the ADU. This probably happened, without us understanding it, so the ADU would be considered to have. an exterior entrance. We strongly support the City's efforts in the area of affordable housing, and do not want to see ourselves as abusing the system in any way. Specifically, we do not want to get the FAR bonus based on a false premise. As a practical matter, the lower level is not going to be used in connection with the ADU except as a pathway to the interior entrance and to some extent as a "mud room." Although this lower level space is labeled as ADU, it is in fact part of the main residence, as originally planned. We would like the permits and approvals to be consistent with the actual use of this space, and accordingly not receive the FAR bonus with respect to the lower level space. To do this, we thought the best way would be to have the interior entrance approved so the ADU starts at the door to the stairs which lead up to the ADU. There would be no changes to the plans as already approved or how the space will in fact be used. The only changes are where the ADU officially starts and the FAR bonus would be reduced. Since we see this as a change to the existing approvals, we are wondering if we need to resubmit all of the information which is already contained in the approved applications and plans. Please refer to Aspen Planning and Zoning Commission Resolution No. 10 (Series of 2001) and Building Permit #3173.2000.asr3. The following addresses the information needs as outlined in the attached Pre:Application Conference Summary: 1. Proof of ownership — you have on file as part oforiginal application. 2. Signed fee agreement — enclosed. 3. Applicant's name etc. — this letter should suffice for that purpose. We should be the primary contacts with respect to this matter. Rally Dupps (925-6797) and Scott Lindenau (920-9428) are also authorized to act on our behalf. Their address is Studio B Architects, 555 N Mill St., Aspen, CO 81611. 4. Street address etc. - you have on file as part of original application. 5. Total deposit — enclosed. 6. 10 copies — Not sure how to handle this, we have enclosed 10 copies of this letter. We would be happy to pay any additional copy costs. 7. Vicinity map - you have on file as part of original application. 8. Site map - you have on file as part of original application and approved building plans; there are no changes. 9. Existing and Proposed ADU floor Plans - you have on file as part of original application and approved building plans; there are no changes. All dwelling unit elements, except entry door and stairs, are on upper level. 10. Additional materials as required by the specific review — hopefully the explanation above, along with the original application, which approved the ADU, will suffice. 11. A written description of the proposal — This letter explains the proposal and why we are making it. Existing conditions (not quite existing yet, we are under construction) as evidenced by the approved building permit are exactly the same as proposed herein. We hope that you will support this change and look forward to discussing it with you. We will contact you within a few days to set up a meeting so we can understand the process going forward and provide anything else that may be needed. Sincerely / Robert Camp Cynthia urlee Copy: Rally Dupps Scott Lindenau ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and /7 4x,-7— (hereinafter APPLICANT) AGREE AS FOLLOWS: 1.I APPLICANT has submitted to CITY an application for S�-�Gi � gev! s-P �J v UN�/V v /�}-� (� S l fi 2 7-7— !n- T'erz d .Prt/ T'2/-91Nr (hereinafter, THE PRO CT) 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its feposit to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial in the amount of $ ` C� which is for oZ S hours of Community Development staff time if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By; 0 �/, 't, �l Yoie Ann Woods mmunity Development Director APPLICA By. Date: 9 iv o i Mailing Address: V' QN rn r O Zl W p. M rn r 70 rn 6'-0 1/4" 2'-9" 2'-11" 4'-5 1/4" 3'-b-- 3/4' 4'-2 A " - -- ---- ---- - C� O � r 1 N w b 1 � ; ,d o D N — u N J N X $ = o� rn n r 0 w c7 x Yrn 2 mLO rn 1'-0' N 1/8' : 1/8' t I'-O' e .Q D I� Io ( NF- C rn 1 13 J tin N O rn i, o„ 4�_8�� 15'-6"---4-82"- z 7C - zZOO Z� G \ GN p P Apt d C'� D O rn� rn r rn D C y �x J L D rn- Lo ol Lo 4'-8 5/4" 4'-3 1/4' 4'-3 1/4" 4'-5 5/4"Jo d -- -- CN A� 0U C Q _ �- ' rn3=C Q • " (l- 4. > 11 4 3, N I N N '1- i -- o rn o - { � r Z ul CW = :d U � � C, C @151 r -1J r. rn r O J Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (1 S) days. prior to the public hearing on such amendments. lt---C. = S ' ature The foregoing "Affidavit of Notice" was acknowledged before me thisaC� day of �a� , , 200) , by PUBLIC NOTICE RE: 505 SNEAKY LANE SPECIAL REVIEW TO VARY THE ADU DESIGN S ` NDARDS TO ALLOW FOR AN INTERIOR DOOR B� EN THE MAIN RESI- DENCE AND THE ACCESSDWELLING UNIT NOTICE IS HEREBY GIVEN t: at a public hearing will be held on Tuesday, December 11, 2001, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Bob Camp requesting Special Review approval to vary the ADU Design Standards to allow for a door to be maintained between the Accessory Dwelling Unit and an area that is to be for the sole use of the primary residence. The property is located at 505 Sneaky Lane For further information, contact James Lindt at the Aspen/Pitkin Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5104, jamesl©ci.aspen.co.us. s/Jasmine Tygre, Chair jAspen Planning and Zoning Commission Published in The Aspen Times on November 24, 2001. (8120) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: `,/. - d; -C—DrQ� �'C�(Y.PV' Notary Public ATTACHMENTS: COPY OF THE PUBLICATION r SARAH N OATES co 7RAPH OF THE POSTED NOTICE (SIGN) ERS AND GO VERN11ENTAL A GENCIES NOTICED BYAL41L AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADD E2ESS OF PROPERTY: Lf1'Q_Aspen,CO1 SCHEDULED PUBLIC HEARING DATE: bn, , 200 STATE OF COLORADO ) SS. County of Pitkin ) LAC! (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of'notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) da prior to the public hearing and was continuously visible from the day of 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign). is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal governmentt sch061, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners cind governmental agencies so noticed is attached hereto. (continued on next page) JO 'PURPOSE Px-z Am cis Or. ~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: M �`�' , 200 STATE OF COLORADO ) ss. County of Pitkin ) I �0 C �9- t''n pen name print) (name, P p ) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of'notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the day of to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (3 00) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this �o day of y�,.t� , 200 , by )F6/3eevz" WITNESS MY HAND AND OFFICIAL SEAL My commission expires: - Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ASPEN VISTAS VENTURE CAMP ROBERT C C/O RALPH & LEAH WANGER BEN-HAMOO PATRICE CONYERS CURLEE CYNTHIA A AS TENANTS IN 1540 N LAKE SHORE DR PO BOX 2902 COMMON CpTf-AGO, IL 60610 ASPEN, CO 81612 PO BOX 692 ASPEN, CO 81612 COSNIAC JOSEPH CITY OF ASPEN COSNIAC ANNELIESE HUTT FERNANDEZ ERIN L 130 S GALENA ST 221 LOSOYA SUITE SB 315 E HYMAN AVE STE 305 ASPEN, CO 81611 ASPEN, CO 81611 SAN ANTONIO, TX 78205 HIRSCH TOM & IvIAUREEN HOLY CROSS ELECTRIC ASSN - ER076 HOWER DALE PO BOX 8110 PROPERTY TAX DEPT 43995 HWY 82 ASPEN, CO 81612 DRAWER 2150 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 I B H PROPERTY TRUST KEILIN KIM MILLER KELTNER DONALD H & VIRGINIA P HARRIS IRVING B TRUSTEE PO BOX 10064 12100 WILSHIRE BLVD #730 2 N LA SALLE ST STE 400 ASPEN, CO 81612 LOS ANGELES, CA 90025 CHICAGO, IL 60602 LOUD H MONTGOMERY & PAULA MADSEN GEORGE W JR MASS ANN MD PO BOX 11660 MADSEN CORNELIA G 400 W MAIN STE 200 ASPEN, CO 81612 931 W FRANCIS ST ASPEN, CO 81611 ASPEN, CO 81611 PAULA M NEWMAN JOEL PATTERSON DANIEL EDWARD & SUSAN R 6._ vVESTWICK 355 OCEAN BLVD DALLAS, TX 75205 GOLDEN BEACH, FL 33160 580 CEMETERY ASPEN, CO 816111 UNIT 2 PATTERSON FAMILY TRUST ROSE ALLAN V SHARP DESIGNS INCORPORATED 580 CEMETERY LN # 1 ONE EXECUTIVE BLVD 936 W FRANCIS ASPEN, CO 81611 YONKERS, NY 10701 ASPEN, CO 81611 SNOOK GARRY & SHARON STARODOJ BETSY HARNETT VANDEMOER H H 10/24 P 0 BOX 10000 STARODOJ THOMAS S II 1755 MONACO PKWY ASPEN, CO 81612 PO BOX 2298 DENVER, CO 80220 ASPEN, CO 81612 WANGER LEAH JOY ZELL & RALPH WERNER SARAH R RESIDENCE TRUST WEST END SOLAR TRACT HOMEOWNERS 1540 LAKESHORE DR # 14N P 0 BOX 503 ASSOC CHICAGO, IL 60610 BELLEVUE, WA 98009-3884 PUBLIC NOTICE RE: 505 SNEAKY LANE SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS TO ALLOW FOR AN INTERIOR DOOR BETWEEN THE MAIN RESIDENCE AND THE ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 11, 2001, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Bob Camp requesting Special Review approval to vary the ADU Design Standards to allow for a door to be maintained between the Accessory Dwelling Unit and an area that is to be for the sole use of the primary residence. The property is located at 505 Sneaky Lane. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5104, _jamesl(a,ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 24, 2001 City of Aspen Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Fjna�ture The fpregoing "Affidavit of Notice" was acknowledged before me this day of v`' , 200) , by :T PUBLIC NOTICE RE: 505 SNEAKY LANE SPECIAL REVIEW TO VARY THE ADU DESIGN STANDARDS TO ALLOW FOR AN INTERIOR DOOR BETWEEN THE MAIN RESI- DENCE AND THE ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing vill be held on Tuesday, November 20, 2001, at a ,neeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Bob Camp requesting Special Review approval to vary the ADU Design Standards to allow for a door to be maintained between the Accessory Dwelling Unit and an area that is to be for the sole use of the primary residence. The property is located at 505 Sneaky Lane. For further information, contact James Lindt at the Aspen/Pitkin Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 920- 5104, jamesl@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on November 3, 2001. (s0r2) 7,, WITNESS MY HAND AND OFFICIAL SEAL M commission expires: %3 Y p Notary Public ATTACHMENTS: ' OF THE PUBLICATION n c� �'�RAIy --1 ' A TFS COLON 'OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �� , 200 STATE OF COLORADO ) ss. County of Pitkin ) 15 f 1�/�, 5 kn nGl.r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. -Allailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) MEMORANDUM TO: Aspen Planning & Zoning Commission THRU: Joyce Ohlson, Community Development Deputy Director FROM: Fred Jarman, Planner RE: Christmas Inn Renovation— Lodge Preservation & Minor PUD PUBLIC HEARING DATE: December 11, 2001 i� 77 � t }sff ilq��� ,E��E a� h �x ;+ a«.. � tF t .: �, ,.,:-�-- •. ar34'�G P t jjj REQUEST The Applicant has applied for a two-phase expansion of the lodge to SUMMARY: accommodate additional lodge rooms consistent with the City's Lodge Preservation (LP) program. The LP program allows individual lodge properties to adjust their zoning specific to their circumstance through a Minor Planned Unit Development process that requires hearings before the Planning and Zoning Commission STAFF and City Council. RECOMMENDATION: Approval with Conditions. Zoning: Office (0), Main Street Historic District & Lodge Preservation Overlays Request: The owners of the Christmas Inn, Seven Seas Investment, LLC, are requesting land use approvals (GMQS, Minor PUD, and LP) to conduct a two-phase renovation of the Christmas Inn located at 232 West Main Street. Phase I includes minor material fagade changes while Phase II includes minor demolition and construction to add 8 new lodge rooms and 3 affordable housing units, the removal of the curb cut located on Main Street, and the enclosure of the carport to enlarge the lobby. Specific land use requests include: a. Lodge Preservation Allocations for the 8 new units; b. GMQS for 3 employee units and the 8 LP allotments; and c. Minor PUD for varying dimensional requirements and LP BACKGROUND At present, the lodge is located on a 10,600 sq. ft. parcel (3.5 City Lots) on the corner of Main and Second Streets in the main Street Historic District. The lodge currently contains 27 rooms arranged in a courtyard configuration. The current inner courtyard is at grade and contains a Jacuzzi and entrances to lodge rooms, sauna, and lobby. The structure consists of 1 and 2-story elements, totaling 8,778 sq. ft. of floor area (FAR). At its tallest point, the lodge is 28.25' in height. The Christmas Inn is not on the Inventory; however, this property is being reviewed by the HPC because of its location in the Main Street Historic District. STAFF COMMENTS The Lodge Preservation (LP) program was designed to allow for the easier expansion of Aspen's small lodges to foster a viable lodging bed -base. As such, LP applications are required to use a minor PUD process to establish dimensional requirements and address community impacts and benefits. In this case, the Applicant has requested to vary only a few dimensional requirements, which include FAR, height, setbacks, and parking. Specifically, the matrix below outlines the requested variances from the underlying Office Zone District: FAR 7,966 sq. ft. 8,778 sq. ft. 14,124 sq. ft. Height 25 feet 28.25 feet 28.25 feet Front Setback 10 feet 4.7 feet 4.7 feet East Side Setback 5 feet 3.4 feet 3.4 feet West Side Setback 5 feet 0 feet 0 feet Rear Setback 15 feet 1-2 feet 1-2 feet On -site parking 0.7 spaces / bedroom (18.9 spaces) 0.074 spaces / bedroom (2 spaces) 0.114 spaces / bedroom (4 spaces) 2 The Applicant proposes to remodel the existing lobby area by enclosing the current covered car pull -in / unloading area off Main Street and adding an entry vestibule for the front door indicated by the image below. The Applicant proposes to demolish the rear one-story portion of the structure and replace it with a three-story element adjacent to the alley, which is currently one story high to accommodate an additional 8 lodge units. Clearly, this will increase the mass and volume of the structure. LODGE PRESERVATION PROPOSAL The Christmas Inn currently maintains an LP zoning overlay, which allows it to participate in the LP program in the event it wishes to expand. At present, there are sufficient LP allotments to cover the 8 requested units by the Applicant. In a recent analysis completed by Staff, Aspen has experienced a 23% drop in lodge units between 1996 and 1999. Staff addressed this issue with a rewrite of the LP Ordinance, which has assisted in producing a 14% increase in lodge units since its adoption in 1999. The Christmas Inn would be a positive factor of this growth. PROPOSED HEIGHT The existing structure is 23 feet tall at the ridge of the roofline fronting Main Street and is 33 feet tall at the tip of the spire located on top of clock tower. In general, this expansion will result in the creation of a third floor over the rear, east and west portions of the structure to a height of 30 feet to the ridge and 32 feet to the peak of the belvederes. The Office zone district height is 25 feet as measured to the mid -point of a pitched roof. These heights are illustrated on the proposed Main Street elevation below. 329 !3' 3 The Applicant has requested to vary the 25-foot height requirement to 28.25 feet as measured by the Land Use Code. Staff finds that even with this slight increase to a third story on the rear of the structure, the front of the structure remains two stories, which inflects to the pedestrian experience and does not compromise the defining mass of the lodge located on Main Street. Moreover, this third story portion .of the structure begins approximately 58' feet from the Main Street right-of-way. In addition, as the Christmas Inn is currently built out to its lot lines and cannot expand outward, the lodge must expand upward. This is consistent with the intent of the LP program. PARKING Currently, the Christmas Inn maintains 1-2 stacked off-street parking spaces. The Applicant has traditionally also used the 11 spaces located along the west side of the structure. Those spaces, indicated as "existing parking" on the site plan, are entirely in the 2nd Street public right-of-way and not on the Applicant's property. This parking has traditionally served the lodge similar to the parking situations for the Boomerang Lodge and the Christiania Lodge where they are also built out to their lot lines. It is clear the existing lodge is under -parked regarding current standards, which require 0.7 spaces per bedroom (27 existing bedrooms x 0.7 = 18.9 required spaces.) The Code specifies that regarding LP projects, the Applicant be allowed to mitigate only for the incremental increase resulting from the expansion. In this case, the proposed 8 new lodge units require 5.6 on -site spaces. The Applicant is not required to mitigate for the prior and existing deficiency that the lodge currently maintains. In addition, the Applicant is proposing 3 employee -housing units, which generally require 1 space per unit bringing the total required parking to 8.6 spaces. In the end, the Applicant is only proposing 4 spaces leaving a deficit of 4.6 spaces. The Applicant has indicated the desire to enter into a temporary revocable encroachment license for the exclusive use of the eleven 2" Street ROW parking spaces. While other lodges have requested the same arrangement, the City has ultimately denied these requests because on -street parking should remain a "public" amenity. Therefore, the spaces cannot be "rented" as Christmas Inn spaces; they are to remain public parking spaces. The Applicant is proposing to mitigate this 4.6 deficiency in parking spaces by offering a limousine / taxi service similar to other LP project mitigation. Moreover, the lodge is located on a major mass transit route, which also provides free skier shuttle service to all four mountains and free in -town service including service. The lodge is also within easy walking distance to downtown and other local destinations such as the music tent. The Lodge Preservation (LP) Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as mentioned as mitigation above. The LP Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium type developments. Due to the fact that an expansion generally refers to a 4 site that is currently built out that wishes to add on to its current structure, on -site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Christmas Inn. Staff recommends the Applicant provide additional mitigation for the deficiency in parking such as providing free bus passes, parking vouchers, vanpools, dial -a -ride service, private bus service for employees, covered and secure bike storage, or free bike fleets for use by the guests and the employees of the lodge. ASPEN / PITKIN COUNTY HOUSING AUTHORITY (APCHA) RECOMMENDATION The Applicant proposes three employee -housing units to be located in the proposed sub - grade / courtyard level of the Christmas Inn. These units are studio units between 336 and 360 sq. ft. and will house a total of 3.75 FTEs at a rate of 1.25 FTEs per studio which is greater than the 1.96 FTEs required for 8 additional lodge units. While the proposed units satisfy the FTE mitigation requirement, they do not meet the minimum size requirements. The Housing Authority Board met to review the Christmas Inn Redevelopment application on September 19`h, 2001, and recommended approval to the Planning and Zoning Commission for these units with conditions 1-7 that are included in the accompanying resolution. Staff agrees that due to exaggerated housing costs in Aspen and the commuting workforce, it is difficult to maintain steady employees. This higher mitigation will go a long way towards maintaining good employees for the lodge. HISTORIC PRESERVATION COMMISSION ACTION Prior to review by the Planning and Zoning Commission, the Applicant presented the project to the Historic Preservation Commission (HPC) because of its location in the Main Street Historic District. The project received minor and conceptual approval (both by a vote of 6-1) from the HPC for this project. As a matter of process, the Applicant will return to the HPC for final review following the review by City Council. STAFF SUMMARY AND RECOMMENDATION It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the LP program as a result of this serious reduction as an incentive for easier expansion of small lodges given the economic climate that caters more towards the higher end condominium units. Staff finds that the proposed Christmas Inn expansion will allow one of Aspen's most defining small lodges to expand and maintain a competitive presence in Aspen's dynamic lodge base economy. Staff recommends the Planning & Zoning Commission approve the GMQS exemption request for 8 LP allotments, 3 employee units, and Minor PUD for the Christmas Inn with the conditions listed in the resolution. RECOMMENDED MOTION "I move to approve Resolution No. , Series 2001 granting GMQS Exemption approval for 8 LP allotments, 3 employee housing units, and recommend City Council approve the Minor PUD for the Christmas Inn with the conditions in the resolution." 5 ATTACHMENTS: EXHIBIT A - REVIEW STANDARDS & STAFF FINDINGS EXHIBIT B - APPLICATION RESOLUTION N0. 61 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A GMQS EXEMPTION FOR 8 LODGE PRESERVATION ALLOTMENTS AND 3 AFFORDABLE HOUSING UNITS AND RECOMMENDING APPROVAL TO CITY COUNCIL FOR MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTMAS INN, LOCATED AT 232 WEST MAIN STREET, LOTS K, L, M, AND WESTERLY HALF OF LOT N, BLOCK 51, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2 735-124-40-00 7 WHEREAS, the Community Development Department received an application from Seven Seas Investments, LLC (Applicant), represented by Stan Clauson, requesting land use approvals for a GMQS Exemption for 8 Lodge Preservation allotments and 3 affordable housing units and minor planned unit development for the Christmas Inn; and WHEREAS, the property is currently located in the Office Zone District with Lodge Preservation and Main Street Historic District Overlays; and WHEREAS, the Community Development Department received referral comments from the Aspen / Pitkin County Housing Authority, Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval to the Planning and Zoning Commission for the proposed land use requests for the Christmas Inn including GMQS Exemptions for 8 Lodge Preservation allotments and 3 affordable housing units and minor planned unit development; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on October 24"', 2001, at which time the Aspen Historic Preservation Commission considered and found the application to meet the review standards, and approved the Minor and Conceptual Review for the Christmas Inn, with conditions, by a vote of six to one (6 - 1); and WHEREAS, the City of Aspen / Pitkin County Housing Authority, at a regularly held public hearing on September 19, 2001, forwarded a recommendation of approval to the Plarming and Zoning Commission to approve the. proposed 3 affordable housing units for the employees of the Christmas Inn; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the City of 7 Aspen / Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public .comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of to (_ — _), the GMQS Exemption request for 8 Lodge Preservation allotments and 3 affordable housing units for the Christmas Inn; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of to — �, to City Council to approve a minor planned unit development; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 11TH DAY OF DECEMBER 2001, THAT: SP.(`tl(ln 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a GMQS Exemption for 8 (eight) Lodge Preservation allotments and 3 (three) affordable housing units and a minor planned unit development is approved with the following conditions: 1. That the Applicant shall adequately mitigate for employee generation by providing on -site deed restricted employee housing for at least 1.96 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority as calculated in the Memorandum prepared by the Housing Office, dated September 24, 2001. 2. The Applicant shall be allowed the proposed three studio units provided that each unit is allocated thirty square feet of on -site storage. If the applicant is unable to provide such storage, then only two units shall be permitted. If the applicant provides a mix of one studio unit and one, one -bedroom unit, the mitigation requirement would still be satisfied. The applicant has the ability to convert two of the studios into a one - bedroom unit thereby meeting the minimum 600 square foot requirement for Category 1 and 2. The other studio unit could be expanded to meet the 400 square foot requirement under Category 1 and 2 8 3. The Applicant shall file a deed restriction prior to building permit approval and shall state the following three conditions: a. The deed restrictions on the affordable housing units shall be in perpetuity to the rental price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines at the time of building permit approval. b. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. c. Since these units are located on -site of the lodge, the income and asset requirements will be waived for any employees of the lodge owner. 4. The Applicant shall provide a pricing structure to meet the maximum monthly rental rates capped at the rate relating to the square footage of the units pursuant to Aspen / Pitkin County Housing Guidelines. 5. The Applicant shall provide a 0.01 % interest in the ownership of the property to the Aspen/Pitkin County Housing Authority prior to Certificate of Occupancy with the language and the document approved by the Housing Authority's legal counsel. 6. Since the application is Conceptual, the Applicant may choose to return to the Housing Authority Board to propose an alternative design, which meets the Aspen/Pitkin County Affordable Housing Guidelines. 7. The Applicant shall implement the following traffic mitigation measures to mitigate for PM-10 emissions and trips generated: 1) provide free bus passes to employees, 2) limiting parking, 3) provide covered and secure bike storage, and 4) provide a free bike fleet consisting of five bikes for employees and guests of the lodge. 8. The Applicant shall mitigate for the 4.6 on -site parking deficiency by providing a courtesy van for guests of the Christmas Inn. 9. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required prior to the submittal for building permits. 10. That the Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits E until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. The Applicant shall design and install the Main Street section of the public sidewalk to be converted from the existing curb cut in accordance with the City of Aspen Design Standards, which are available in the City Engineering Department. 12. That the Applicant shall install a fire alarm sprinkler system throughout the entire Christmas Inn lodge as required by the City of Aspen Fire Marshal. 13. That the Applicant shall agree that there will be no construction material stored on the public rights -of -way. In addition, the Applicant shall submit a full set of construction management plans as part of the building permit application, and the management plan shall include a noise, dust control, and construction traffic management plan which addresses, at a minimum, the following issues: a. Traffic control devices; b. Press release — Radio — Local TV; C. Defining the. construction debris hauling routes and impact on local streets; and d. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to parked in the area around the site. The city encourages that personal be shuttled in from the airport parking area. 14. The Applicant shall submit, as part of the building permit application, a full drainage and erosion plan to prevent mud getting tracked into the streets and demonstrating that roof drainage will not be discharged onto the public sidewalks or streets. . 15. The Applicant shall submit and record a "Final Plat," Final PUD Development Plans, and a PUD Agreement indicating all current and proposed improvements and conditions of approval for the entire Christmas Inn property. 16. The Applicant shall adhere to all conditions set forth in Resolution No. 45 and 46, Series of 2001 approved by the Aspen Historic Preservation Commission approving a Minor and Conceptual Review request for Christmas Inn expansion. 17. The Applicant shall ensure that the new conference area and the hot tub are handicap accessible and one of the rooms is required to be fully assessable and have a hearing - impaired alarm system as a requirement of the City Building Department. 18. The Applicant shall not be allowed to exclusively use the existing parking along 2nd Street; it is to be made available to the general public. 19. Prior to the application for building permits, the Applicant shall adequately address tree removal through the appropriate permits as required by the City of Aspen Parks Department. The Applicant shall submit a tree protection plan to the Parks 10 Department for review prior to the application for building permits. An inspection of all tree protection shall take place BEFORE any construction activities begin. Irrigation in the front parkway is desired in order to maintain the parkway street tree system. 20. The PUD development plans shall establish the dimensional requirements for the Christmas Inn as the following: Approved Dimensional Requirements units measured in feet or Minimum Lot Size (square feet) 6,000 6,000 Minimum Lot Area per Dwelling Unit N/A N/A Maximum Allowable Density N/A N/A Minimum Lot Width 60 feet 60 feet Minimum Front Yard Setback 10 feet 4.7 feet Minimum West Side Yard Setback 5 Feet 0 feet Minimum East Side Yard Setback 5'Feet 3.4 feet Minimum Rear Yard Setback 15 feet 1-2 feet Maximum Height 25 feet 28.25 feet Minimum Distance b/w Buildings 10 feet 10 feet Minimum Percent of Open Space Not regulated Not Regulated Allowable Floor Area (FAR) 0.75:1 (7,965 sq. ft.) 1.33:1 (1`4,124 sq. ft.) Minimum Off Street Parking 8.6 on site spaces' 4 on -site spaces ,qectinn 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. �qectinn I - This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. ,qPVtinn n- If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. 11 Approved by the Commission at its regular meeting on December 11 t'', 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair 12 EXHIBIT A — REVIEW STANDARDS & STAFF FINDINGS GMQS EXEMPTION FOR LODGE PRESERVATION Development, or redevelopment after demolition, of properties zoned Lodge Preservation (LP) Overlay to increase or decrease the number of lodge units, the number of affordable housing units, or the amount of accessory commercial square footage, or the change in use between said uses, shall be exempted from the growth management competition and scoring procedures, provided that the Planning and Zoning Commission determines, at a public hearing, that the following criteria are met: 1. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: Staff finds the proposal is consistent with the AACP regarding the private sector provision of in -town affordable housing of its work force so that development can invigorate not only "Aspen the resort" but also "Aspen the Community." The AACP promotes economic sustainability, which includes a significant tourist element requiring the continued vitality of Aspen's small lodges as substantiated by the vision of the lodge preservation program. In addition, the Action Plan portion of the AACP speaks directly to the importance of increasing density through infill in Aspen's original townsite especially for affordable housing. The Action Plan also calls for the support of restoration of existing buildings as well as enhancing the Main Street pedestrian experience. Lastly, with regard to historic preservation, the AACP states "we encourage returning to higher density development within the city limits where appropriate" and to create a more vibrant town with appropriate mixed uses and a variety of building sizes and to allow historic patterns to inform new development throughout town. 2. The proposed development is compatible with the character of existing land uses in the surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District. Staff Finding: Staff finds the proposal is compatible with the character of existing land uses in the surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District. The structure has been a lodge for over 40 years and currently maintains a LP overlay. Lodges such as the Christmas Inn have been a defining element of Aspen's Main Street since their development in the 1940s and as such .have integrated into Aspen's historic ski era character. 3. Employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the development or to mitigate for the demolition of multi -family housing, as required by section 26.530. This shall include an analysis and credit for existing employee generation and the incremental impact between the existing development and the proposed development. A 13 recommendation from the Aspen/Pitkin County Housing Authority shall be considered for this standard. Staff Finding: The Applicant is providing 3 on -site deed restricted affordable housing units that shall effectively mitigate for 3.75 employees. The generation derived from the 8 proposed lodge rooms, using the housing offices calculation of 0.245 employees per unit, requires 1.96 FTEs. Staff finds the affordable housing units shall provide for more than enough mitigation for affordable housing. This is also consistent with the Aspen / Pitkin County Housing Authority's (APCHA) recommendation of approval to the Planning and Zoning Commission. In addition, the APCHA recommendation includes several conditions ensuring that these units are quality units. 4. Adequate parking spaces and public facilities exist, will be provided for the development, or that adequate mitigation measures will be provided. An existing deficit of required parking may be maintained through redevelopment. Staff Finding: The Staff Comments speak directly to this issue of on -site parking spaces. It is clear the existing lodge is considerably under -parked regarding current standards which requires 0.7 spaces per bedroom (27 existing bedrooms x 0.7 = 18.9 required spaces.) As the standard indicates above, the Applicant, through LP development may maintain an existing deficit and only be required to mitigate for new units. In this case, the proposed . development includes adding 8 lodge units, which equals 5.6 on -site parking spaces according to the LP calculation. In addition, the Applicant is proposing 3 affordable housing units, which generally requires one space each. Added together, the total required parking for the proposed development is 8.6. The Applicant proposes to eliminate the existing 1-2 spaces and provide 4 on -site spaces off the alley leaving a deficit of 4.6 spaces. In order to mitigate this deficiency of 4.6 spaces, the Applicant proposes 1) to provide a taxi and / or limo service, 2) advertise the lodge as transit -oriented to potential guests so that they arrive by air and don't need a vehicle while in town, 3) to provide a variety of information to guests regarding alternate modes of transportation to Aspen locations. The Parking Department, during the DRC meeting indicated that the existing parking along 2" d street is to be made available to the general public and not exclusively used by the Christmas Inn which is consistent with the policy taken towards other LP expansion projects similarly situated. The LP Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as mentioned as mitigation above. The LP Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium 14 type developments. Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on -site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Christmas Inn. Staff recommends the Applicant provide additional mitigation for the deficiency in parking such as providing free bus passes, vanpools, dial -a -ride service, paying for additional RFTA buses and service, private bus service for employees, covered and secure bike storage, or free bike fleets to enhance the experience of the guests and the employee of the lodge. 5. There exists sufficient GMQS allotments to accommodate the proposed development and the allotments are deducted from the respective Annual Development Allotment and Metro Area Development Ceilings established pursuant to Section 26.470.050. Staff Finding: Staff finds that there are sufficient LP allotments available to accommodate this proposed expansion. Staff has provided a LP growth summary, which shows the current status of the LP allotments. 15 MINOR PLANNED UNIT DEVELOPMENT. A development application for Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with properties eligible for Minor PUD Review, certain standards shall not be applied as noted. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds the proposal is consistent with the AACP regarding the private sector provision of in -town affordable housing of its work force so that development can invigorate not only "Aspen the resort" but also "Aspen the Community." The AACP promotes economic sustainability, which includes a significant tourist element requiring the continued vitality of Aspen's small lodges as substantiated by the vision of the lodge preservation program. In addition, the Action Plan portion of the AACP speaks directly to the importance of increasing density through infill in Aspen's original townsite especially for affordable housing. The Action Plan also calls for the support of restoration of existing buildings as well as enhancing the Main Street pedestrian experience. Lastly, with regard to historic preservation, the AACP states "we encourage returning to higher density development. within the city limits where appropriate" and to create a more vibrant town with appropriate mixed uses and a variety of building sizes and to allow historic patterns to inform new development throughout town. Staff finds the proposal is compatible with the character of existing land uses in the surrounding area and with the purpose of the Lodge Preservation (LP) Overlay Zone District. The structure has been a lodge for over 40 years and currently maintains a LP overlay. Lodges such as the Christmas Inn have been a defining element of Aspen's Main Street since their development in the 1940s and as such have integrated into Aspen's historic ski era character. The Applicant is aware that a total of 14 LP tourist accommodation allotments are currently available. This proposal requires 8 LP allotments. Pursuant to Section 26.470.070(J) of the Land Use Code, the 3 proposed affordable housing units are exempt from the GMQS scoring and competition procedures. 16 B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below and shall comply with the following: Dimensional Requirements Comparison units measured in feet or Minimum Lot Size (square feet) 600 600 Minimum Lot Area per Dwelling Unit N/A N/A Maximum Allowable Density N/A N/A Minimum Lot Width 60 feet 60 feet Minimum Front Yard Setback 10 feet 4.7 feet Minimum West Side Yard Setback 5 Feet 0 feet Minimum East Side Yard Setback 5 Feet 3.4 feet Minimum Rear Yard Setback 15 feet 1-2 feet Maximum Height 25 feet 28.25 feet Minimum Distance b/w Buildings 10 feet 10 feet Minimum Percent of Open Space Not regulated Not Regulated AllowableFloor Area (FAR) 0.75:1 (7,965 sq. ft.) 1.33:1 (14,124 sq. ft.) Minimum Off Street Parking 8.6 on site spaces' 4 on -site spaces *Setbacks and height vary in the development program. The specific dimensions included in the approved PUD plan define these dimensional standards.. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding For the most part, the proposed dimensional requirements for this project establish what already exists. The setbacks for the existing structure are non -conforming. This PUD will establish them as conforming setbacks. The newly requested variances from the office zone district dimensional requirements for this lodge expansion include height, FAR, and parking. Staff finds the requested variances are compatible with the existing land uses in the surrounding area. 17 There are no known natural or man-made hazards affecting the project site. There are no waterways or steep slopes affecting the project site or surrounding area. The existing vegetation on the project site is sparse, consisting mainly of that which has been planted within the various planter boxes. The Applicant intends to remove a curb cut and replace it with a loading zone space in front of the lodge. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding. area. Staff Finding The Applicant proposes increasing the height to accommodate a third floor on the east, west, and rear of the structure that is in keeping with the current architecture that has helped to define the Christmas Inn today. This PUD will primarily allow for the ability to set the parking, height, and FAR requirements as discussed in this memorandum. Neither the site coverage nor the open space conditions of the site will significantly change from those, which currently exist. (It should be noted that neither open space nor density is regulated for lodges in the Office zone district.) The massing and scale of the proposed development is consistent with that of the surrounding neighborhood. Again, the setbacks for the existing structure are non -conforming. This PUD will establish them as conforming setbacks. The newly requested variances from the office zone district dimensional requirements for this lodge expansion include height, FAR, and parking. Staff finds the requested variances are compatible with the existing land uses in the surrounding area. The expanded structure to the sides and rear will effectively frame the two story front fagade and will not overwhelm the pedestrian experience on Main Street. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Christmas Inn maintains 1-2 stacked off-street parking spaces. The Applicant has traditionally also used the 11 spaces located along the west side of the structure. Those spaces, indicated as "existing parking" on the site plan, are entirely in 2" Street public 18 right-of-way and not on the Applicant's property. This parking has traditionally served the lodge similar to the parking situations for the Boomerang Lodge and the Christiania Lodge where they are also built out to their lot lines. It is clear the existing lodge is under -parked regarding current standards, which require 0.7 spaces per bedroom (27 existing bedrooms x 0.7 = 18.9 required spaces.) The Code specifies that regarding LP projects, the Applicant be allowed to mitigate only for the incremental increase resulting from the expansion. In this case, the proposed 8 new lodge units require 5.6 on -site spaces. The Applicant is not required to- mitigate for the prior and existing deficiency that the lodge currently maintains. In addition, the Applicant is proposing 3 employee -housing units, which generally require 1 space per unit bringing the total required parking to 8.6 spaces. In the end, the Applicant is only proposing 4 spaces leaving a deficit of 4.6 spaces. The Applicant has indicated the desire to enter into a temporary revocable encroachment license for the exclusive use of the eleven 2nd Street ROW parking spaces. While other lodges have requested the same arrangement, the City has ultimately denied these requests because the parking should remain a "public" amenity. Therefore, the spaces cannot be "rented" as Christmas Inn spaces; they are to remain public parking spaces. The Applicant is proposing to mitigate this 4.6 deficiency in parking spaces by offering a limousine / taxi service similar to other LP project mitigation. Moreover, the lodge is located on a major mass transit route, which also provides free skier shuttle service to all four mountains and free in -town service including service. The lodge is also within easy walking distance to downtown and other local destinations such as the music tent. The Lodge Preservation (LP) Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as mentioned as mitigation above. The LP Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium type, developments. Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on -site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Christmas Inn. Staff recommends the Applicant provide additional mitigation for the deficiency in parking such as providing free bus passes, vanpools, dial -a -ride service, paying for additional RFTA buses and service, private bus service for employees, covered and secure bike storage, or free bike fleets to enhance the experience of the guests and the employee of the lodge. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: 19 a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As a result of the DRC meeting with various referral agencies, all utilities are available to the site and the existing capacities are adequate to accommodate the proposed density. Main Street, 2°d Street, and the alley are City of Aspen public rights -of -way and, as such, are already plowed and maintained by the City of Aspen. The Aspen Fire District station is six blocks from the project site, and the Christmas Inn is served with ample existing hydrants and is located within the fire protection district. The entire lodge will be required to install a fire sprinkler system as required by the Aspen Fire Marshal. S. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The project site is suitable for the proposed development. It is already developed and the proposed expansion will not consume much additional land. The site is flat and no significant additional impervious surface will be created on the property resulting in little to no impacts to the existing drainage conditions. The proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, the development will encourage the use of alternative means of transportation such as the buses to/from Rubey Park and walking. This will help to limit the amount of PM-10 generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. No additional driveways, roads, or trails are proposed on the project site. There are no critical natural 20 features on the site, and site disturbance will be kept to the minimum required for construction. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with ' its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and S, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding As mentioned above, the discussion regarding the proposal's consistency with the goals and objectives of the AACP demonstrates that the project will serve to advance many goals of the community, not the least of which address small lodges and affordable housing. Also, as demonstrated in response to the two previous criteria, the site is physically capable -of supporting the proposed density. Finally, the proposed development will be compatible with and complimentary to the- existing and expected surrounding development patterns, land uses, and characteristics. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The site does not presently contain any unique natural features but does include unique man-made features such as the clock tower and "Father Time" that provide visual interest to the long past of the lodge and add considerably to Aspen's Main Street. The Christmas Inn will maintain its existing street orientation and architectural style. As the proposed 21 elevations demonstrate, the building will continue to exhibit and provide a strong example of the unique / eclectic style it has maintained over the last 50 years. The roof pitches will be maintained, as will the patterns created by the vertical wood siding, balconies and shutters. The perceived third story mass will be broken up by the large break in the rear portion of the structure while better framing the important and defining two story front fagade. It could be agreed; the two story front fagade is of unique interest in itself, as it more closely resembles a certain theme architecture using Christmas colors, green and red as well as certain chalet style elements such as the cut out balcony as features of architectural interest. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure exists on the property and no additional structures are proposed. The peak ridge height of the expansion is proposed along the rear and sides of the stricture, which do not block any designated view planes or consume designated open space 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding Please refer to the response provided for standard C.1., above. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The site is surrounded on three of its four sides by public rights -of -way. Emergency vehicle access will continue as is, primarily from Main and 2" d Streets. The structure is and will continue to be accessible for fire protection. Service and delivery vehicles will continue to use the existing loading areas on the alley in the rear. The trash area will be designated in the rear of the structure located off the alley. S. Adequate pedestrian and handicapped access is provided. Staff Finding The existing sidewalk along Main Street will be maintained and improved with the elimination of the curb cut. Staff has suggested, the Applicant better define the end of the sidewalk at the southwest corner of the site on the corner of Main and 2nd Streets which shall also be constructed so as to provide adequate pedestrian and handicap access. In addition, the City Building Department indicated that the new conference area and the hot tub both need to be assessable and one of the rooms is required to be fully assessable and one needs to have a hearing -impaired alarm system. This shall be a condition of approval. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The project site is already developed and the proposed expansion will consume very little additional land. Therefore, only minimal additional impervious surfaces will be created on the property and, only minimal impacts to the existing drainage conditions will result. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding There are no detached buildings to accommodate spaces between. No new outdoor programmatic functions are associated with the proposed development. The existing courtyard areas will be maintained. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding There is currently very little landscaping on the property as it is mostly built out to the lot lines with the lodge structure itself except for several planters and five large trees located in the inner courtyard. The Applicant has submitted a landscaping plan that indicates three of these trees are to be removed and two are to be removed and replaced. The Applicant is required to receive tree removal permits from the City Parks Department as necessary as a condition of approval as well as consult the City Forester regarding appropriate additional planting to take place on the property. 23 After review by the Parks Department, -it appears at the drafting of this Memorandum, the Applicant has not sought a tree permit for the extensive tree removals- proposed. Mitigation requirements must be met per municipal code guidelines. At this point, the Parks Department is waiting for an estimate of proposed mitigation from Applicant. In addition, tree protection during the construction on this project is paramount. A tree protection plan must be submitted to the Parks Department for review. An inspection of all tree protection shall take place BEFORE any construction activities begin. Moreover, irrigation in the front parkway is desired in order to maintain the parkway street tree system. Removal of certain large trees in the courtyard includes statements about "replacing trees". The Parks Department is concerned that eventually, the same situation will occur in the future that is currently happening with existing trees. Finally, the Applicant shall apply for a "landscaping in the ROW" permit for all departments to review previous to any landscape work approved in the ROW being installed. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less -intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The Christmas Inn was constructed in 1950. The syructure has remained virtually unchanged since it was constructed. These proposed changes are intended to improve the aesthetic value of the lodge as a contributing member of the Main Street streetscape. Staff finds that this proposed development is consistent with the primary goal as stated in Chapter 12 of the Historic Preservation Guidelines regarding design in the Main Street Historic District that is "to preserve the character while accommodating compatible 24 changes." Staff finds this standard is met. It is clear, the existing structure is somewhat disjointed, with a two story west wing next to a one story rear and east wing all located behind a two story front south facing fagade. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to the structure. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." The architecture of the existing Christmas Inn is one of the structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality on Main Street. The proposed layout of the new lodge units and their architecture have been specifically designed to be fully compatible and consistent with the existing design. This will ensure that the architecture represents a character suitable for and indicative of the intended use. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding No exterior lighting beyond that currently existing is proposed. Nevertheless, the development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.150(E), Non -Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. G. Common. Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's 25 built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against facture residential, commercial, or industrial development. Staff Finding No designated parks, open spaces, or recreation areas are proposed as part of the PUD, rendering this standard inapplicable. No common park or recreation areas are proposed. No such areas are proposed; thus, there is no need for a deed restriction against future residential, commercial, or industrial development. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding Connections to public water and sewer will be made and the respective capacity of these services will not be exceeded. Historic drainage patterns and rates will be maintained. Impacts on parks and schools will be minimal, as most of the development is comprised of tourist accommodations. Only three affordable studio dwelling units are proposed for use by employees of the lodge, and these will have negligible affects on schools and parks. Paepcke Park is located a few blocks away. The project will be required to pay certain school land dedication fees and park dedication fees as a result of this proposed growth. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of eight new lodging units and 26 three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. While no adverse impacts on public infrastructure are anticipated, the Applicants shall agree to bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the.time of building permit issuance. It is not believed that any over -sizing of utilities will be necessary. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Each unit of the proposed PUD will have direct access to the adjacent streets via the various exits from the lodge. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding As mentioned above in prior sections of this memorandum, the proposed development will not create traffic congestion on the roads surrounding the property. The property is surrounded by streets on three of its four sides. The surrounding streets can accommodate the proposed development without any need for further improvement. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 27 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees -in -lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding As mentioned above, the project is a two-phase project. Phase one is essentially cosmetic to the exterior of the structure and has been approved by the HPC. Phase two is the subject of this PUD. 28