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HomeMy WebLinkAboutpitkin.planning.000000000000 (2013)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (I lxl7) Parcel ID: 2467- 27 -2 -00 -016 Application Date: 5/15/13 Case No: P046 -13 Planner: Suzanne Wolff Description: Historic Preservation Land Use Code Amendment # Copies: 1 Allocated Hours: 3 % Over Hours: 3.6 Project Address: 26625 HWY 82, SNOWMASS, CO 81654 Property Owner: GERALD S STEIN MD REV Address: 645 CR 235 Owner Phone: TRUST EUREKA SPRINGS, AR 72632 Owner's REP: ALAN RICHMAN Address: X 81612 36 REP's Phone: (970) 920 -1125 ASPEN, REP's Email: arichman @sopris.net Referrals: Other Referrals Comments Due Date: Meetings: 1st Meeting: Meeting Date: 04/10/2013 Review Body: bocc Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: BOCC Ordinance #: 003 -2013 NR Admin Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: no vesting Application Type: Code Amendment 2nd Meeting: Plat Recorded Date Plat (Bk, PG)' P &Z Determination #: HO Determination #: 3rd Meeting: AN ORDINANCE OF THE BOARD OF COUNTY COMMSSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7- 20- 100(f)(3), OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No. 1703 -2013 RECITALS 1. Pitkin County Community Development Department staff ( "Applicant ") has submitted a request to the Board of County Commissioners of Pitkin County, Colorado ('BOCC ") to amend Sec. 7- 20- 100(fx4)) of the 2006 Land Use Code, the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5, 2013, and recommended approval by a vote of 3 -0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13, 2013, and voted to approve the proposed amendment on second reading at a duly noticed public hearing on March 13, 2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, to amend Sec. 7- 20- 100(fx3), as follows in Attachment A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13" DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SgMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE &" DAY OF _6� `7 013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.asRenoitkin.com) ON THE 15" DAY OF FEBRUARY, 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE Urn DAY OF MARCH, 2013. PUBLISHED BY TITLE AND SHORTS MMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 41 M DAY OF 4PAtL 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Ordinance No. 661 -2013 Page 2 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, QOLORADO Chairman Date APPROVED AS TO CONTENT: John Ely, Coun ey C' dy oube , Community Development Director Ordinance No.03 -2013 Attachment A — Page I ATTACHMENT A 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances Ordinance No.0 -2013 Attachment A —Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. Ordinance No &S -2013 Attachment A - Page 3 1, Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and/or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and/or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (f) Reduced Riparian Area/Wettand Setback The riparian area/wetland setbacks established in Sec. 7- 20- 80(a)(2) may be reduced in order to effectuate the preservation of an historic resource. when there is no other reasonably appropriate area outside of the setback to accommodate additional development To be eligible for this incentive. the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality deeradation stream bank erosion and/or a reduction in the quality of riparian or wetland habitat pursuant to the following criteria: I Slopes within the setback reduction requested are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by the proposed activity or development within the setback reduction requested. 3 The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). 4. The setback shall not be reduced such that it encroaches into the one hundred (100) year or intermediate reeional flood zone as defined in Sec 7- 20 -40(a) Development shall not impede the one hundred (100) near flood flow. Ordinance No.103 -2013 Attachment A - Page 4 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic environments and riparian area protection do not exist, or will be unatTected by the proposed activity r development within the setback reduction requested 6. Habitat for Plant. animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare threatened or endangered species of special concern, or species of undetermined status does not exist within the setback reduction rearrested 8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. 9. The area w ithin the setback reduction requested is not needed to protect fish spawning. breeding, nursery and feeding grounds 10. The area within the setback reduction requested is not needed to preserve areas of special recreational historical archeological scenic, or scientific interest. 11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious effects on existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic Ordinance No dd3 -1013 Attachment A -:Page 5 preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. PU e)us+)M^Z/43//3 � Zs wIL( -CL woebInq AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7- 20- 100(1)(3), OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No. -2013 RECITALS 1. Pitkin County Community Development Department staff ( "Applicant ") has submitted a request to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to amend Sec. 7-20-100(f)(4)) of the 2006 Land Use Code, the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5, 2013, and recommended approval by a vote of 3 -0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13, 2013, and voted to approve the proposed amendment on second reading at a duly noticed public hearing on ,2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, to amend Sec. 7- 20- 100(f)(3), as follows in Attachment A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13 °i DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.cont) ON THE DAY OF 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. NED Ordinance No. -2013 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney Z- BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO George Newman, Chairman Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Ordinance No. _ -20/3 Attachment A —Page I ATTACHMENT A 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances Ordinance No. _ -2013 L � Attachment A — Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. tm.- `✓^4 Ordinance No. _ -2013 w r.f Attachment A — Page 3 1. Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and /or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and /or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (t) Reduced Riparian Area/Wetland Setback The riparian area/wetland setbacks established in Sec. 7- 20- 80(a)(2) may be reduced in order to effectuate the preservation of an historic resowrce area To be elipible for this incentive the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality degradation. stream bank erosion and /or a reduction in the quality of riparian or wetland habitat pursuant to the following criteria: 1 Slopes within the setback reduction requested are less than thirty (30) percent. a Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will he unaffected by the proposed activity or development w ithin the setback reduction requested. 3 The proposed use of the property does not present a special hazard to water quality or wetlands (c g storage or handlim`of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional llo )d /.one does not encroach into the setback reduction requested. 5 Trees shrubs or other natural features that provide for sU cam bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic _4 Ordinance No. _ -2013 Attachment A — Page 4 environments and riparian area protection do not exist, or �N ill be unaffected by the proposed activity or development �N ithin the setback reduction requested. 6 Habitat for plant anima] or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested. 7 Habitat for plant animal or other wildlife species listed b _the State of Colorado as rare threatened, or endangered, species of special concern or species ofundetermined status does not exist within the setback reduction requested. 8 The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and Ilk) )d water storage capacity. 9 The area within the setback reduction requested is not uceded to protect fish spawning, breeding nursery and feedijL�,r nd,. 10 The area within the setback reduction requested is not n_ceded to preserve areas of special recreational historical, archeological, scenic, or scientific interest. 11 The applicant shall agree to enhancement of ri � vegetation as a condition of the activity em elope designation and shall demonstrate compliance with said condition during the Sitc Plan Review process The riparian vegetation enhancement that is accomplished shall be proportional to the extent ofthe existin , riparian habitat degradation on the site A construction management plan and drainage and erosion control plan %\ ill be required to insure that there will be no deleteriou, effects on existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that I Ordinance No _ -20/3 Attachment A — Page 5 anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. 4 AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meet —March 13, 2013 J VCq THRU: Cindy u en, Community Development Director FROM: Suzanne Wolff, Senior Planner RE: Land Use Code Amendment — Reduced Riparian Area/Wetland Setback as Incentive for Historic Preservation, Second Reading SUMMARY: At the direction of the BOCC, staff is proposing to amend Sec. 7- 20- 100(f)(3) of the 2006 Land Use Code ( "Code "), the "Optional Incentives" available to properties designated to the Historic Register, to include a reduction in the riparian area/wetland setback established in Sec. 7- 20- 80(a)(2) of the Code. The BOCC approved the code amendment on first reading on February 13, 2013, by a vote of 5 -0. ISSUES: Only one change was made to the draft language based on direction provided at first reading. The BOCC asked staff to clarify that this incentive is only intended to be used if there are no other appropriate alternative locations. Staff has amended the first sentence as follows: The riparian area/wetland setbacks established in Sec. 7- 20- 80(a)(2) may be reduced in order to effectuate the preservation of an historic resource when there is no other reasonably appropriate area outside of the setback to accommodate additional development. RECOMMENDATION: The Planning Commission recommends that the BOCC adopt a motion to approve an amendment to Sec. 7- 20- 100(f)(3) of the Code on second reading, pursuant to the attached Ordinance. 000001 0_� g 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7- 20- 100(1)(3), OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No. -2013 RECITALS 1. Pitkin County Community Development Department staff ( "Applicant') has submitted a request to the Board of County Commissioners of Pitkin County, Colorado (BOCC) to amend Sec. 7- 20- 100(f)(4)) of the 2006 Land Use Code, the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5, 2013, and recommended approval by a vote of 3 -0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13, 2013, and voted to approve the proposed amendment on second reading at a duly noticed public hearing on 2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, to amend Sec. 7- 20- 100(f)(3), as follows in Attachment A- INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13`h DAY OF FEBRUARY. 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 12013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE 15" DAY OF FEBRUARY, 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 13"" DAY OF MARCH, 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. 000002 Ordinance No. _ -2013 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney JOU003 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO M George Newman, Chairman Date APPROVED AS TO CONTENT: indy Houben, Community Development Director Ordinance No. _ -2013 Attachment A — Page 1 ATTACHMENT A 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances OUJO04 Ordinance No. _ -2013 Attachment A —Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. O(J0005 Ordinance No _ -20/3 Attachment A —Page 3 d� u�1vi�06 1. Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and/or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and /or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (fl Reduced Riparian Area/Wetland Setback The riparian area/wetland setbacks established in Sec. 7-20-80(a)(2) may setback to accommodate additional development. To be eligible for this incentive, the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality degradation. stream bank erosion and /or a reduction in the quality of riparian or wetland habitat, pursuant to the following criteria: 1. Slopes within the setback reduction requested are less than thirty (30 ) percent. 2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by the proposed activity or development within the setback reduction requested. 3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.k, storage or handling of hazardous or toxic materials). 4. Whe one hundred snot encroach int( Y� "'9'y JLJL Ordinance No. -2013 Attachment A —Page 4 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic environments and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction requested. 6. Habitat for plant. animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested. 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction requested. 8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving; storm and flood water storage capacity. 9 The area within the setback reduction requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area within the setback reduction requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. 11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process. The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious effects on existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic U.!Ul007 Ordinance No. _ -2013 Attachment A —Page 5 preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. oulo%0s AGENDA ITEM SUMMARY TO: Board of County Commissioners Regular Meeting��February 13, 2013 THRU: Cindy Houlommun ty Development Director FROM: Suzanne Wolff, Senior Planner RE: Land Use Code Amendment — Reduced Riparian Area/Wetland Setback as Incentive for Historic Preservation, First Reading BRIEF SUMMARY OF REQUEST: At the direction of the BOCC, staff is proposing to amend Sec. 7- 20-100(f)(3) of the 2006 Land Use Code ( "Code "), the "Optional Incentives" available to properties designated to the Historic Register, to include a reduction in the riparian area/wetland setback established in Sec. 7- 20- 80(a)(2) of the Code. The Planning Commission recommended approval by a vote of 3 -0. The staff memo to the Planning Commission and the draft meeting minutes are attached for reference. BACKGROUND: The Applicant requested approval of an Activity Envelope to accommodate a new residence on a parcel containing an historic cabin. The parcel is located at the confluence of the Roaring Fork River and Snowmass Creek, and is constrained by the 100' setbacks from both waterways. The historic cabin is outside of the setback, and there is an area outside of the 100' setbacks where development could occur, but the Applicant asserted that the development (1) would be highly visible from Highway 82, (2) would be within the 100' setback from the highway, and (3) would result in the demolition of the historic cabin. The Applicant requested a reduction in the setbacks. The Community Development Director approved an Activity Envelope that complied with the 100' setbacks, finding that there is an area outside of the 100' setbacks that can be used for development, and, therefore, that a reduction was not permitted by the Code (Administrative Decision No. 55- 2012). The Applicant appealed the Decision to the BOCC. The BOCC denied the appeal, but directed staff to prepare a code amendment to allow a reduction of the riparian area/wetland setback in order to preserve an historic resource. RECOMMENDATION: The Planning Commission recommend that the BOCC adopt a motion to approve an amendment to See. 7- 20- 100(f)(3) of the Code on first reading and set for second reading on March 13, 2013, pursuant to the attached Ordinance. Attachments ct q e Q M t 1) PZ Minutes 2 /5/13�W 2 2) Staff Memo to PZ 2/5/13 cc 5- D U� UUi AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7- 20- 100(f)(3), OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No. -2013 RECITALS 1. Pitkin County Community Development Department staff ( "Applicant') has submitted a request to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend Sec. 7- 20- 100(f)(4)) of the 2006 Land Use Code, the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5, 2013, and recommended approval by a vote of 3 -0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13, 2013, and voted to approve the proposed amendment on second reading at a duly noticed public hearing on 2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, to amend Sec. 7- 20- 100(f)(3), as follows in Attachment A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13th DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 12013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. oubJ- u2 Ordinance No _ -2013 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney 000003 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO M George Newman, Chairman Date APPROVED AS TO CONTENT: "G C indy Houben, Community Development Director Ordinance No. _ -?013 Attachment A — Page 1 ATTACHMENT A 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances �;ut�064 Ordinance No. _ -2013 Attachment A —Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. UUUUUJ Ordinance No. -2013 Attachment A — Page 3 1. Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and/or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and /or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (f) Reduced Riparian Area/Wetland Setback The riparian area/wetland setbacks established in Sec. 7-20-80(a)(2) may be reduced in order to effectuate the preservation of an historic resource area To be eligible for this incentive the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat pursuant to the following criteria: 1 Slopes within the setback reduction requested are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by proposed activity r development within the setback reduction requested. 3 The proposed use of the property does not present a special hazard to water quality or wetlands (e.g. , storage or handlintg, of hazardous or toxic materials). d The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. 5. Trees shrubs or other natural features that provide for stream bank stability enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic J U LJ Ordinance No. -2013 Attachment A — Page 4 environments and riparian area protection do not exist. or will be unaffected by the proposed activity or development within the setback reduction requested. 6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested. 7 Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare. threatened, or endangered. species of special concern or species of undetermined status does not exist within the setback reduction requested. 8. The area within the setback reduction requested is not needed to prevent or minimize flood damage bvpreserving storm and flood water storage capacity. 9. The area within the setback reduction requested is not needed to protect fish spawning breeding nursery and feeding rounds 10. The area within the setback reduction requested is not needed to preserve areas of special recreational historical archeological. scenic, or scientific interest. 11 'The applicant shall agree to enhancementtnf riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious etlects on existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that G Uuuu7 Ordinance No. _ -2013 Attachment A — Page 5 anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. JUUUU �C /qf-T (r o-GatlgrDY-C4 /,- 1jP�Z) ATTACH n� tvr COUNTY PLANNING AND ZONING COMMISSION MEETING TUESDAY, FEBRUARY 5, 2013 Plaza One Conference Room 530 East Main Street Aspen, CO Commissioners Present: Staff Present: John Howard Mike Kraemer Monty Thompson Lance Clarke James VeShancey Suzanne Wolff Lexi McNutt I. CALL TO ORDER: Chairman Howard called the Planning and Zoning Commission meeting to order at 5:05 P.M. II. COMMENTS: A. COMMISSIONERS: N/A B. PLANNING STAFF: N/A C. PUBLIC: N /A. III. MINUTES: December 11, 2012 — tabled. • November 2, 2012 — approved by a 4 -0 vote. IV. OLD BUSINESS: 1. 2012 RESIDENTIAL GMOS SCORING— Commissioner McNutt moved to continue to 3/5/13; Commissioner Thompson seconded. Chairman Howard called the question, and the motion passed 4 to 0. 2. CASTLE CREEK INVESTORS ACTIVITY ENVELOPE REVIEW — Commissioner McNutt moved to continue to 3/5/13; Commissioner VeShancey seconded. Chairman Howard called the question, and the motion passed 4 to 0. V. NEW BUSINESS: 1. LAND USE CODE AMENDMENT —REDUCED RIPARIAN AREA/WETLAND SETBACK AS INCENTIVE FOR HISTORIC PRESERVATION ubu'J i9 STAFF RESPONSIBLE: SUZANNE WOLFF ➢ Summary of Request: At the direction of BOCC, staff is proposing to amend Sec. 7- 20-100(f)(3) of the Code, the "Optional Incentives" available to properties designated to the Historic Register, to include a reduction in the riparian area/wetland setback established in Sec. 7- 20- 80(a)(2) of the Code. Ms. Wolff provided background and summarized the proposed code amendment. Ms. Wolff explained that the BOCC has discretion to approve or deny historic incentives. In response to questions regarding the applicability of the amendment, staff noted that the incentive would be available to anyone with an historic resource on their property. Commissioner Howard noted that he has a philosophical difference with Suzannah Reid, the Historic Preservation Officer, regarding what resources are appropriate for designation to the Historic Register. Commissioner McNutt moved to recommend approval to the BOCC of the LAND USE CODE AMENDMENT — REDUCED RIPARIAN AREA/WETLAND SETBACK AS INCENTIVE FOR HISTORIC PRESERVATION, as proposed by staff. Commissioner Thompson seconded. Chairman Howard called the question, and the motion passed 3 to 0 (Commissioner Howard abstained based on his difference of opinion regarding the Historic Register). U- U- MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior Planner RE: Land Use Code Amendment — Reduced Riparian Area/Wetland Setback as Incentive for Historic Preservation DATE: February 5, 2013 BRIEF SUMMARY OF REQUEST: At the direction of the BOCC, staff is proposing to amend Sec. 7-20 - 100(f)(3) of the 2006 Land Use Code ( "Code "), the "Optional Incentives" available to properties designated to the Historic Register, to include a reduction in the riparian area/wetland setback established in Sec. 7-20 - 80(a)(2) of the Code. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission is charged with making a recommendation to the BOCC for this request. BACKGROUND: The Applicant requested approval of an Activity Envelope to accommodate a new residence on a parcel containing an historic cabin. The parcel is located at the confluence of the Roaring Fork River and Snowmass Creek, and is constrained by the 100' setbacks from both waterways. The historic cabin is outside of the setback, and there is an area outside of the 100' setbacks where development could occur, but the Applicant asserted that the development (1) would be highly visible from Highway 82, (2) would be within the 100' setback from the highway, and (3) would result in the demolition of the historic cabin. The Applicant requested a reduction in the setbacks. The Community Development Director approved an Activity Envelope that complied with the 100' setbacks, finding that there is an area outside of the 100' setbacks that can be used for development, and, therefore, that a reduction was not permitted by the Code (Administrative Decision No. 55- 2012). The Applicant appealed the Decision to the BOCC. The BOCC denied the appeal, but directed staff to prepare a code amendment to allow a reduction of the riparian area/wetland setback in order to preserve an historic resource. TWO -STEP REVIEW PROCEDURES (See. 2- 30- 40.i): A request for a Land Use Code Amendment shall be recommended for approval and shall be approved if it complies with (a) all applicable provisions of this Land Use Code; and (b) all applicable Land Use Policies listed in Sec. 1 -60. Staff finds that the proposed amendment complies with all applicable provisions and policies of the Code. LAND USE CODE TEXT AMENDMENTS (2- 40 -10): In addition to the provisions of Sec. 2- 30- 40(i), the following shall apply to applications for Land Use Code Amendments: (A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive Plan; (B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format and style of this Land Use Code; (C) Code text amendments shall repeal and reenact entire Code sections rather than just specific sentences or sub - sections. 000011 ISC. LN I) 000001 Response: The proposed amendment is consistent with the Comprehensive Plan, as it improves the historic preservation provisions of the Code. The proposed language is provided as Attachment A. If the Code Amendment is approved, Sec. 7- 20- 100(f) will be repealed and reenacted. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of an amendment to Sec. 7- 20- 100(f)(3) of the Code as shown in Attachment A. 13 0u012 OU'UjO2 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. - 00001.3 00 u u' u 3 Attachment A— Page 1 JOGu14 JUi J 0 4 (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and/or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. 1. Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and /or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and/or Attachment A — Page 2 uUGJ15 JU005 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (f) Reduced Riparian Area/Wetland Setback The riparian area / vetland setbacks established in Sec. 7- 20- 80(a)(2) may be reduced in order to effectuate the preservation of an historic resource area. To be eligible for this incentive, the applicant shall demonstrate as part of an Activity Envelope application for proposed development that the reduction in the setback will not result in water qualitv degradation, stream bank erosion and /or a reduction in the quality of riparian or wetland habitat, pursuant to the following criteria: 1. Slopes within the setback reduction requested are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will be unaffected by the proposed activity or development within the setback reduction requested. 3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. 5 'frees shrubs or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic environments and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction requested. 6 Habitat for plant animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested. Attachment A — Page 3 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern or species of undetermined status does not exist within the setback reduction requested. 8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and flood water store capacity. 9. The area within the setback reduction requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area within the setback reduction requested is not needed to preserve areas of special recreational, historical, archeological. scenic, or scientific interest. 11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity envelope designation and shall demonstrate compliance with said condition during the Site Plan Review process. The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure that there will be no deleterious effects on existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and uJuUJ16 Attachment A — Page 4 UUUU j6 (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. GL17 u �it5 r 7 Attachment A — Page 5 uv lbk AGENDA (91 PITKIN COUNTY J PLANNING AND ZONING COMMISSION MEETING Plaza One Conference Room 530 East Main Street Aspen, Colorado February 5, 2013 5:00 PM I. PITKIN COUNTY P &Z BUSINESS, 5:00 P.M. H. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES; December 11, 2012 October 2, 2012 IV. OLD BUSINESS 1. 2012 Residential GMQS Scoring, (Continued to 3/5/13), PH (PN 10/11/12), S. Wolff 2. Castle Creek Investors Activity Envelope Review and Residential GMQS Competition, (Continued to 3/5/13), PH (PN 10/11/12), S. Wolff \ V. NEW BUSINESS V 3. Stein Historic Incentives Code Amendment, S. Wolff 4. AABC Road Improvement Project and Pedestrian Underpass Project Location and Extent Review, PH (PN 1/3/13), M. Kraemer 5. Review and Comment on Special Events /Helicopter usage Code Amendments, M. Kraemer IV. ADJOURN W4, 5 2- It . I