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HomeMy WebLinkAboutresolution.apz.008-94EXHIBIT A REEOLUT'rON OF THE ABPEN PLA~NI'N~ ~ID ZONIN(~ COMM'rI~f~'rON E. ECOto~m-~'rN~ TO ABPEN CI'Ty COUNCIL THE ADOPTION OF AN Ov~'Z ZONE D'rBTlt'rCT OVE~ ALL ;cONE DTBTHTCTf~ 'rN THE CZTY OF ABPEN EXCLUDI'NEI THE R-'tSB ZONE D'rSTR'rCT TO BE IN EFFECT UNTIL FEBRUARY 19, 1995 Resolution No. 94-8 NHEREAS, the Community Character Analysis for the Aspen area, done in Fall 1991 as part of the Aspen Area community Plan (AACP) process, targeted a number of issues, including studying aspects of the allowable buildout to determine which should be revised to preserve existing character and to achieve the preferred vision, creating additional historic districts, and establishing a City- wide architectural review mechanism; and WHEREAS, the recommendation adopted through the AACP was to create a set of "Neighborhood Character Guidelines" which could provide clear direction to "maintain design quality and compatibility with historic features of the community," by promoting design which will enhance neighborhood character and integrate neighborhoods in terms of visual appearance, improve community livability and reduce house sizes; and waEREAS, the Historic Preservation Committee, staff and a consultant invested a year of analysis in the creation of the "Neighborhood Character Guidelines," which are ready for adoption; and WHEREAS, a significant number of residential structures which have been built within the last decade, are currently under construction, or are in the permit process, could be found to be seriously in opposition to the "Neighborhood Character Guidelines; and WHEREAS, much recent residential development in Aspen represents a far more grand scale and suburban image than the traditional character of Aspen and is creating a new context for our neighborhoods which has little relationship to what they once were; and WHEREAS, in terms of the West End, this problem has been recognized since at least 1986, when the first serious attempt was made to designate that neighborhood an historic district. By that time, it had become clear to many members of the community that all properties which were not designated historic or located in one of the existing historic districts were being demolished at an alarming rate. A "river to river, mountain to river," community- wide overlay, was proposed, but did not have full political support; and WHEREAS, Aspen has continued to face intense development pressure and has been superimposed with non-traditional concepts; and NHERF~, Aspen must establish policies which discourage new development from occurring out of context with the surrounding neighborhood, but rather as part of a larger setting in terms of relationship to adjacent properties, the neighborhood and the community as a whole; and NHEREA~, the Neighborhood Character Guidelines state that "Creative solutions that are compatible with the desired character of a neighborhood are strongly encouraged in Aspen, while designs that seek to contrast with the established context simply for the sake of being different are discouraged;" and · HERF~, staff, the Historic Preservation Committee and the Planning and Zoning Commission find that there is a serious threat to the traditional identity of our community and those aspects of Aspen's neighborhoods that make this such a special and unique place; and NHERF~2~, staff, the Historic Preservation Committee and the Planning and Zoning Commission support creating an interim measure to address this situation immediately while the Planning Department investigates a more permanent solution; and ~HEREAS, an interim measure is necessary to provide staff with a suitable measure of time to consider and develop appropriate measures and changes to the Aspen Land Use Code without the development pressure that may occur pending adoption of the amendments to the Code; and WHEREAS, the Aspen Planning and Zoning Commission finds that the scale and character of Aspen's neighborhoods are being jeopardized by new development whose scale, massing and context is not being addressed by the existing dimensional requirements or standard review procedures currently in the Aspen Land Use Code; and ~HER~, the Aspen Planning and Zoning Commission recommends a temporary overlay of the City of Aspen which allows development up to 80% of the allowable FAR (excluding existing exemptions), with a provision that a special review for compliance with the Neighborhood Character Guidelines is required to exceed 80% of the allowable floor area; and WHERe, a duly Commission on July 19, for the City of Aspen; noticed Public Hearing was held by the 1994 to consider the Overlay Zone District and WHEREAS, the Commission recommends to the City Council approval and adoption of the Overlay Zone District for a period of 7 months ending February 19, 1995. NOW, T~E~BFO.R~.BB IT RBSO_~VED by the Commission that it does hereby adopt Resolution No. 94~/, placing an Overlay Zone District over all zone districts in the City of Aspen excluding the R-15B zone district. AND, NO~, THEREFORE BE IT REBOLVED by the Commission that is does hereby recommend to~eCity Council of the City of Aspen approval of Resolution No. 94~_. AND, NON THEREFORE BE IT FINALLY RBSOLVED by the Commission that it does hereby recommend the following sections to be adopted as part of the Overlay Zone District: Section 1: The Overlay shall allow all property owner's to build 80% of their allowable floor area and require special review for those owners that want to exceed the 80%. Special Review shall be a review of the development application, by a sub-committee, based upon the Neighborhood Character Guidelines. 8eotion 2. Pursuant to Section 24-7-1105 A., adoption of this Resolution does hereby suspend the issuance of any building permits which are prohibited by the proposed amendment to the official zone district map for a period of six months. Seotion 3. Pursuant to Section 24-7-1105 B., if the city council shall by resolution refuse to further consider the amendment, or if an ordinance adopting the amendment, or an amendment substantially similar to the proposed amendment has not been passed on second reading by the city council within six months, any building permit applied for during such period which other wise conforms to this chapter shall be issued by the chief building official. Seotion 4. The Overlay Zone District shall be in effect for a seven (7) month time period ending February 19, 1995 unless extended by the City Council. seotion 5. A sub-committee of 5 members, 2 P&Z and 3 HPC members, to be appointed by the City Council, shall conduct the special review for those applicants that seek to increase their allowable floor area beyond 80% of what is allowed for the particular site. The sub-committee shall conduct public meetings for special review on the first wednesday and last tuesday of each month. The special review shall not be a publically noticed public hearing. Section 6. The process for an applicant to proceed with special review is as follows: i. Prior to the issuance of any building permits a property owner shall pre-conference with both the historic preservation officer and a caseload planner. ii. When a completed application is submitted the development will be scheduled for either a special review or scheduled with other required development reviews for the project. iii. Special review is required for an applicant to exceed 80% of the allowable floor area shall be a one step review fee and shall be assessed a fee planning fee of $489 which reflects 3 hours of planning staff work. If other reviews are required in addition to special review, the applicant will pay one fee depending upon the overall review. Sectio~ 7. The Neighborhood Character Guidelines (NCG), which attached as an exhibit of the Resolution, shall be used by the sub-committee to review development proposals that seek to exceed 80% of the allowable floor area for the site. The sub- committee shall make findings that the project is either consistent or inconsistent with the guidelines and recommend approval or denial of the additional floor area beyond 80% allowed. An applicant may appeal the sub-committee's recommendation to City Council subject to the appeal process established in Section 24-12-101 F. Seoti~ S. Allowable floor area shall continue to be calculated pursuant to Section 24-3-101. The following development activities shall be remain exempt for floor area calculations: garages up to 500 sq. ft. pursuant to Section 24-3-101 (C), an above grade accessory dwelling unit, and the HPC floor area bonus up to 500 sq. ft. Secti~ 9. When the Overlay Zone District takes effect no building permits shall be issued that are inconsistent with the provisions of the Overlay. If, subsequent to and in reliance upon the issuance of the permit, an applicant has so substantially changed his/her position or incurred extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired by issuance of the permit, then the Planning Director may issue such permit. If the Director does not wish to issue a permit, finding that the applicant has not incurred extensive obligations and expenses, the applicant may appeal to City Council for relief from the Overlay Zone District pursuant to Section 24-12-101 F. A~PROVED by the Commission at their regular meeting on July 19, 1994. ASPEN PLANNIN(~ AND/ Date Signed