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HomeMy WebLinkAboutresolution.apz.004-89R~SOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THEADOPTION OF AMENDMENTS TO THE ASPEN LAND USE REGULATIONS TO PROVIDE INCENTIVES FOR THE ADAPTIVE REUSE OF HISTORIC LANDMARKS Resolution No. 89-~7~ WHEREAS, Jack King, owner of the structure at 309 East Hopkins, A/K/A, the Berko Building, has submitted to the City of Aspen a privately initiated application for Code amendments; and WHEREAS, the purpose of the proposed Code amendments is to reduce the cost of affordable housing, parking and open space fees which are applied to the renovation of designated historic landmarks when additions or changes in use are proposed; and WHEREAS, the Historic Preservation Committee held a work session on January 24, 1989 to provide input on the Code Amendments and made recommendations thereupon; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter, "The Commission") reviewed the applicant's proposal at a regular meeting on February 7, 1989 and at a public hearing held on March 7, 1989. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby recommend that the Aspen city Council adopt the following amendments to the Aspen Land Use Regulations: 1. That Section 8-104 A.1.B, Exemptions, of the Aspen Land Use Regulations be repealed and re-enacted to read as follows: "1. General. Development which the Planning Director shall exempt shall be as follows: b. Historic Landmark. The enlargement or change of use of an Historic Landmark intended to be used as Resolution No. 89- Page 2 a commercial or office development which does not increase the building's existing floor area ratio. The enlargement of an Historic Landmark which develops not more than one (1) residential dwelling or three (3) hotel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units. Enlargement which occurs in phases shall not exceed these limits on a maximum cumulative basis." That Section 8-104 B.i.C, Exemptions, of the Aspen Land Use Regulations be repealed and re-enacted to read as follows: "1. General. Development which may be exempted by the Commission shall be as follows: Historic Landmark. The enlargement of an Historic Landmark intended to be used as a commercial or office development which increases the building's existing floor area ratio. The enlargement of an Historic Landmark which develops more than one (1) residential dwelling or three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (1) For an enlargement at the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the applicant shall provide affordable housing at fifty percent (50%) of the level which would meet the threshold required in Sec. 8-106 for the applicable use. For each one percent (1%) reduction in floor area below the maximum permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent (1%). The effect of this provision is that for development at fifty percent (50%) of allowable floor area, there shall be no affordable housing obligation. Resolution No. Page 3 89- The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. Any affordable housing provided by the applicant shall be restricted to the housing designee's moderate income price and occupancy guidelines. (2) Parking shall be provided according to the standards of Art. 5, Div. 2 and Div. 3, if HPC determines that it can be provided on the site's surface and be consistent with the review standards of Art. 7, Div. 6. Any parking which cannot be located on-site and which would therefore be required to be provided via a cash- in-lieu payment shall be waived. (3) The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Commission. (4) The compatibility of the project ' s site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area." That Section 7-404 A.3, "Review Standards for Special Review" be amended by the addition of the following language at the end of said section: "When the HPC approves the on-site relocation of an Historic Landmark into required open space, such that the amount of open space on-site is reduced below that required by this Code, the requirements of this section shall be waived." APPROVED by the Commission at its regular meeting on March 21, 1989. Resolution No. 89- Page 4 ATTEST: Jan ~arney, Deputy~ity Clerk landmarksreso ASPEN PLANNING AND ZONING COMMISSION C. Welton ~n~erson, Chairman