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HomeMy WebLinkAboutordinance.council.016-89 ORDINANCE NO. /0 (series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE ASPEN LAND USE REGULATIONS TO PROVIDE INCENTIVES FOR THE ADAPTIVE REUSE OF HISTORIC LANDMARKS 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 and adopted Resolution 89-4, recommending amendments to the Aspen Land Use Regulations to provide incentives for the adaptive reuse of historic landmarks; and WHEREAS, the Aspen City Council wishes to accept the recommendations of the Commission by amending the Aspen Land Use Regulations to provide incentives for the adaptive reuse of historic landmarks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article 8, Sec. 8-104 A.l.b, Exemptions, of Chapter 24 of the Municipal Code of the city of Aspen, Colorado is hereby amended to read as follows: "L 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 a commercial or office development which does not increase the building's existing floor area ratio or its net leasable square footage. 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 exceed these limits on basis." in phases a maximum shall not cumulative section 2 That Article 8, Sec. 8-104 D.l.c, Exemptions, of Chapter 24 of the Municipal Code of the ci ty of Aspen, Colorado is hereby amended to read as follows: .. 1. General. Development which may be exempted by the Commission shall be as follows: c. 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 and its net leasable square footage. 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 proj ect I 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 permi tted by special review), the applicant shall provide affordable housing at one hundred percent (100%) 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 2 any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent (1%). 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 si te ' s surface and be consistent wi th 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." section 3 That Article 7, Sec. 7-404 A. 3, Review Standards for SDecia1 Review of Chapter 24 of the Municipal Code of the City of Aspen, Colorado be amended by the addition of the following language at the end of said section: 3 "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." 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 thereof. section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 6 A public hearing day of :J;r.~ on the Ordinance shall be held on the ~ , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. the City Council of the City of Aspen on the ~ ,1989. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by /OlHJ day of -'~~~7 William L. Stirling, Mayor 4 ATTEST: ~;/~ Katiiryn s. Koch, City Clerk FINALLY, $hay wJ g adopted, passed and approved this , 1989. ATTEST: ~c~~rk 1andmarksord ~ ~o ~" ./ ....-</ ~~~~-" ~ william L. stirling, Mayor 5 day of