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Home My WebLink Aboutordinance.council.037-05ORDINANCE NO. 37 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AMENDMENTS TO THE CITY OF ASPEN MUNICIPAL CODE, CHAPTER 26.415.110 BENEHTS AND 26.420.020.B DIMENSIONAL VARIANCES WHEREAS, the Director of the Community Development Department has proposed amendments to the Land Use Code related to the historic preservation benefits package for the purpose of promoting the goals of the Aspen Area Community Plan and protecting the public health, welfare, and safety; and; WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code may be approved by City Council by adoption of an Ordinance; 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 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; and, WHEREAS, the City Council reviewed and considered the recommendation fi.om the Community Development Director and the Planning and Zoning Commission, and comments fi.om members of the public; and, WHEREAS, the City Council finds that the amendments, as hereinafter described, meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Section 26.415.110.E of the Municipal Code of the City of Aspen, Colorado, which section addresses a "Floor Area Bonus" for historic landmarks, shall hereby be amended to read as follows: 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 unless criterion 26.415.110.E.4 is met. 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. 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. 3. 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. 1. Any bonus square footage in excess of five hundred (500) square feet on a single parcel shall be removed from the property in the form of Transferable Development Rights. 4. 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. To be considered for the bonus, it must be demonstrated that the project meets Section 26.415.110.E.1. Any bonus square footage in excess of five hundred (500) square feet for both lots combined shall be removed from the properties in the form of Transferable Development Rights. 5. In instances when a property meets criterion 26.415.110.E. 1 .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. 1. Any bonus square footage in excess of five hundred (500) square feet on a single parcel shall be removed from the property in the form of Transferable Development Rights. 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: Section 26.420.020.B of the Municipal Code of the City of Aspen, Colorado, which section addresses "Dimensional Variances" for historic landmarks, shall hereby be amended to read as follows: 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-defining features of the designated property or historic district: o Side, rear and front yard setbacks o 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% o 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 o 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. Section 3: This Ordinance 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 construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 thereofi Section 5: A public hearing on the ordinance will be held on the 26th day of September, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor