HomeMy WebLinkAboutresolution.apz.024-05 RESOLUTION NO. 24
(SERIES OF 2005)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO
SECTIONS 26.415.110 BENEFITS AND 26.420.020.B DIMENSIONAL
VARIANCES
WHEREAS, the Community Development Department has proposed code
amendments related to the historic preservation benefits package; and
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public heating. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments, as described herein, on July 19, 2005, took and
considered public testimony and the recommendation of the Planning Director and
recommended, by a three to zero (3-0) vote, City Council adopt the proposed
amendments to the Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE pLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend the Municipal Code to include the
following text:
26.415.110.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. For historic landmark lot splits, only one five hundred (500) square foot
bonus is available to the entire project. To be considered for the bonus, it must be
demonstrated that:
a. The design of the project meets all applicable design guidelines;
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;
c. The work restores the existing portion of the building to its historic
appearance;
d. The new construction is reflective of the proportional patterns found in the
historic building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
i. The project includes the designation of a property not currently listed on
the Aspen Inventory of Historic Landmark Sites and Structures.
2. In instances when a designated property contains two principal historic
buildings and has been awarded a five hundred (500) square foot floor area bonus, HPC
may grant one (1) additional bonus of up to five hundred (500) square feet to address the
extra preservation costs involved. To be considered for the bonus, it must be
demonstrated that the project meets Section 26.415.110.E. HPC will require that any
bonus square footage in excess of five hundred (500) square feet on a single parcel must
be removed from the property in the form of Transferable Development Rights.
3. In instances when each lot created by a single historic landmark lot split
contains a principal historic building and the fathering parcel has been awarded a five
hundred (500) square foot floor area bonus, HPC may grant one (1) additional bonus of
up to five hundred (500) square feet to address the extra preservation costs involved.
HPC will require that any bonus square footage in excess of five hundred (500) square
feet for both lots combined must be removed from the properties in the form of
Transferable Development Rights.
4. In instances when a property meets criterion 26.415.110.E.l.i (which is
that the property is not currently designated), HPC may grant one five hundred (500)
square foot floor area bonus to be used on the site and one (1) additional bonus of up to
five hundred (500) square feet as an incentive for designation. To be considered for the
bonus, it must be demonstrated that the project meets Section 26.415.110.E. HPC will
require that any bonus square footage in excess of five hundred (500) square feet on a
single parcel must be removed from the property in the form of Transferable
Development Rights.
5. 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 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.
6. 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). The Floor Area Bonus may also be approved as part of a Historic
Landmark Lot Split review. No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the HPC in a
work session to discuss how the proposal might meet the bonus considerations.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend the Municipal Code to include the
following text:
Section 26.420.020.B, Dimensional Variances
The following variances may be approved if it is shown that they are part of a proposed
development which has no negative impact on the character-deftning features of the
designated property or historic district:
o Side, rear and front yard setbacks
Minimum required distance between buildings
o Maximum floor area may be exceeded up to 500 sq. ft. and an additional bonus of
up to 500 square feet may be granted in the form of Transferable Development
Rights
Variance to exceed the allowed site coverage by up to 5%
Parking waivers and waivers of cash-in-lieu fees are permitted on sites unable to
contain the required number of on-site parking spaces required by underlying
zoning
~ The open space dimensional requirement may be varied when a historic
commercial building is relocated on its site, resulting in an inability to meet the
standard.
Refer to Section 26.415.110(B), (C), and (E) for further information.
APPROVED by the Commission during a public hearing on July 19, 2005.
APPROVED AS TO FORM:
ATTEST:
PLANNING AND ZONING
Ci~- Clerk
thian, Dep y ty