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Home My WebLink Aboutresolution.apz.004-87 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL AMEND VARIOUS PROVISIONS OF CHAPTER 24 (ZONING) OF THE MUNICIPAL CODE INCLUDING DEFINITIONS, SECTION 24-3.1 OF THE MUNICIPAL CODE; THE TABLE OF CONDITIONAL USES APPEARING IN SECTION 24-3.2, PERTAINING TO RESIDENTIAL ZONE DISTRICTS; AREA AND BULK REQUIREMENTS, SECTION 24-3.4; MEASUI~ING FLOOR AREA FOR FLOOR AREA ~ATIO AND ALT~WABLE FLOOR AREA, SECTION 24-3.7(e).(2); NUMBERED PARKING SPACES REQUIRED, SECTION 24-4.5; BUSINESS ADVERTISING OR IDENTIFICATION SIGN, SECTION 24-5.10 AND HISTORIC O¥~:~LAY DISTRICT AND HISTORIC LANDMARKS, SECTION 24-9(c)(1)(i) TO CREATE INCENTIVES FOR DESIGNATED HISTORIC STRUCTURES IN RESIDENTIAL ZONE DISTRICTS Resolution No. 87-._~ WM~AS, the Aspen Area Comprehensive Plan: Historic Preservation Element, adopted October 7, 1986, contained as a high priority implementation action the creation of incentives for historic designation of individual historic structures and historic restoration projects; and WT~R~EAS, the Aspen Planning and Zoning Commission (herein- after "Commission") held work sessions on October 17 and 29, 1986 to discuss historic implementation strategy which included an incentives program; a joint work session with the Aspen City Council and Historic Preservation Committee on February 3, 1987 at which meeting all groups .again affirmed their interest in creating positive incentives; and a work 1987 to formulate land use incentives; and WHEREAS, the Commission reviewed the ments at a public hearing held meeting on April. 7,.1987; and session on March 31, proposed code amend- during their regularly scheduled Resolution No. 87-__ Page 2 WH~KEAS, the Commission did make the with respect to the proposed code amendments: l) following findings Positive incentives should be made available to historic residential properties possessing individual historic designation which are consistent with the purposes of the zone districts and with'existing land use patterns, and which meet the goals and objectives of the Historic Preservation Plan Element, including (a) to encourage productive and economically attractive uses of historic properties.; (b) to discourage demoli- tion of significant historic properties; (c) to encourage faithful restoration of significant proper- ties and compatible alterations and additions; and (d) to enhance the contribution of Aspen's historic resources to the resort amenity of the community. 2) Creation of conditional uses in the residential zone districts for individually designated structures (a/k/a "historic landmarks" in the proposed revision, of Section 24-9 of the Municipal Code under consideration) is desirable because it. is targeted only for the benefit of individually designated historic properties and provides the City the opportunity to evaluate impacts and impact mitigation through conditional use review. 3) The conditional uses that should be available to individually designated historic structures in residen- tial zone districts, are: bed and breakfast, boarding- house, professional office, barber and beauty parlor, and two detached single-family dwellings or a two family dwelling where the lot meets the minimum lot area requirement for a single-family dwelling. These uses can be determined on a case-by-case basis to be appropriate if demonstrated that they are compatible with surrounding residences, encourage restoration and compatible alterations of historic structures, discour- age demolition, offer economically attractive uses to property owners, and create impacts that are within the range of acceptability in the neighborhood. 4) Within the office zone district, bed and breakfast should be a conditional use. 5) Bed and breakfast must be defined in the Code, and boardinghouse should be redefined to be parallel and consistent in definitional parameters. 6) Due to the special circumstances of. historic proper- ResolUtion No. 87- Page 3 ties, minor variations in floor area ratio, setback requirements, and parking standards should be allowed if determined to be more appropriate for maintain- ing the historic quality of the property than would be meeting the area and bulk requirements. NOW, THEREFORE, BE IT P~ESOLVED by the Aspen Planning and Zoning Commission that .it does hereby recommend that the City Council adopt the following code amendments to Section 24 (Zoning) of the Municipal Code (new language bolded, deleted language dashed): Section 1 The Table of Conditional Uses appearing in Section 24- 3.2, pertaining to the Residential R-6 Zone District, be amended to add: "(2) For properties which contain a Historic Landmark bed and breakfast; boardinghouse; professional office generally limited to three (3) employees and generating limited vehicular traffic; barber/beauty parlor, two detached one-family dwellings or a two family dwelling on a lot which meets the minimum lot area of the underlying zone district. Floor area ratio for two detached one-family dwellings or a duplex on a lot not meeting the minimum size for a duplex Shall not exceed the floor area allowed for a single-family structure as identified in Section 24-3.4." Section Area and Bulk requirements Section 24-3.4, list of abbrevia- tion be amended to add: H.L. - Historic Landmark B&B - Bed and Breakfast Section 3 Area and Bulk requirements, Section 24-3.4 requirements, pertaining to the minimum lot per dwelling unit in the R-6 zone district,°be amended to add: 4,500 - Duplex 6,000 - Single-family Resolution No. Page 4 87- 4,500 - Single-family (H.L.) 3,000 - Duplex (H.L.) Bd Hs- No requirement (H.L.) B&B - No requirement (H.L.) In the R-15 District to add: · 15,000 - D~plex (H.L.) Bd Hs - No requirement (H.L.'i B&B - No requirement (H.L.). In the RMF Zone District to add: Bd. Hs - No requirement (H.L.) B&B - No requirement (H.L.) Section 4 The Table of Conditional Uses in Section 24-3.2 pertaining to the office Zone District, be amended to add: "Bedand Breakfast" Section 5 Zoning District Definitions in Section 24-3.1 be amended to add: "(C) Bed and Breakfast: A single-family dwelling, or part thereof, other than a hotel or lodge, providing: temporary lodging to guests generally for periods of less than one month, at least one meal daily for guests staying in the dwelling, generally limited to twelve or fewer guest rooms, and a manager residing on the premises, but not providing accessory uses such as lobby, recreation facilities or bar typically associa- ted with a hotel or lodge." Section 6 Zoning District Definitions in Section 24-3.1 be repealed and reenacted to read: "(D) Boardinghouse: A building or portion thereof, other than a hotel, lodge or multiple-family dwelling providing, temporary or long-term lodging for six or more ~uests, serving meals to those guests on a continuing basis for compensation, and having a manager residing on the premises, but not providing accessory uses such as lobby, recreational facilities or bar, Resolution No. 87-__ Page 5 typically associated with a hotel or lodge." Section 7 Non-conforming structures, Section 24-13.3(a) be amended to read as follows: "(a) no such nonconforming structure may be enlarged or .altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.. The above notwithstanding, single-family and duplex structures, accessory buildh ings, and residential structures granted conditional uses which are Historic Landmarks m~-w~%h-~-~e~-&~l,~w~e-{~-~z~e~,-~ may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between principal and accessory buildings, and may be enlarged, provided, however, such enlargement does not exceed the allowed floor area ~-%he-e~b~b~-~m~e%~e &~-~-%he-e~f~e~e-~%e-~-~-~m&mee by more than five hundred (500) square'feet, &~-a}s~ complies with all other area and bulk requirements of the Code and receives development review approval as required in Section 24-9 of the Code. In order to enlarge or alter any historic landmark which is or would become a non- conforming structure, the applicant shall be required to demonstrate to the Historic Preservation Committee that the expansion of floor area or extension into setbacks is more consistent with the standards of Section 24-9 than would be development in accord with the area and bulk requirements." Section 8 Historic Overlay District and Historic Landmarks, Section 24-9.4(d)(1)(i) pertaining to review standards for all development involving historic landmarks: "(i) The proposed development is compatible in charac- ter with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a Historic Overlay District or is adjacent to a Historic Landmark. In cases where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between principle and accessory building and exceed the allowed floor area, HPC shall find that such variation from the underlying area and bulk require- ments is more compatible than would be development in accord with the area and bulk requirements. Resolution No. 87- Page 6 Section 9 Section 24-3.7(e)(2), pertaining to calculating allowable floor area of garage or carport space, be amended to add: "For the purpose of calculating floor area ratio and allowable floor area for a building or portion thereof whose principal use is residential, garages and carports shall be excluded up to a maximum area of six hundred (600) square feet per dwelling unit; provided; however, that on residential properties containing Historic Landmarks that do not meet minimum lot area requirements, garages and carports shall be excluded up to a maximum of six hundred (600) square feet for the property. All garage or carport space in excess of six hundred (600) square feet per dwelling unit shall be included as part of the residential floor area calcula- tion.'' Section 10 Numbered parking requirements, Section 24-4.5, pertain- ing to parking requirements for residential uses in all residential zone districts be amended to add: "l/bedroom except for dormitory use upon application of a residential bonus overlay wherein the parking requirement shall be 2 spaces per 3 pillows and except for Historic Landmarks wherein the parking requirement shall he established by review of the Aspen Planning and Zoning Commission." Section 11 Numbered parking requirements, Section 24-4.5, pertaining to parking requirements for lodge uses in all residential zone districts be amended to read as follows: Review" Section 12 9) Business advertising or identification signs, Section 24-5.10, be amended to add: #(C) Within any residential zone district, there may be placed a wall sign, projecting sign or free standing sign not Go exceed two (2) square foot in area, identi- fying a business occupying the premises that has received conditional use approval by the Aspen Planning Resolution No. 87- Page 7 and Zoning Commission and identifying that the struc- ture is a Historic Landmark." BE IT ~'uKTHER RESOLVED by the Commission that it does hereby recommend that the City Council consider economic incentives for designated historic structures to complement the above listed land use incentives including: creation of a local historic preservation trust, property tax rebates, one-time-only grant to property owners for designation, reduction in water and electric rates, building permit fee waiver, transfer of development rights, and private sector benefits. APPROVED by the Commission at their regular meeting on April 21~ 1987. ATTEST: ASPEN PLANNING AND ZONING COMMISSION t~. '~felt6n /A~erson, Chairman [,~ SB.24