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HomeMy WebLinkAboutresolution.apz.003-08Resolution No. 3 (Series of 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 26.415 "DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN `H' HISTORIC OVERLAY DISTRICT" OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: WHEREAS, the City Council of the City of Aspen directed the Community Develop- ment Director to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to Chapter 26.4 ] 5 "Development In- volvingthe Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" of the Land Use Code, Title 26 of the Aspen Municipal Code; and, WHEREAS, the purpose of Chapter 26.415 of the Land Use Code, Title 26 of the As- pen Municipal Code is to promote the public health, safety and welfare through the protec- tion, enhancement and preservation of those properties, areas and sites which represent dis- tinctelements ofAspen's cultural, educational, social, economic, political and azchitectural history; and, WHEREAS, the designation of interior landmarks in the City of Aspen promotes the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent distinct elements of Aspen's cultural, edu- cational, social, economic, political and architectural history; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Historic Preservation Commission, during their regular meeting on January 9, 2008, by a vote of seven to zero (7 - 0) recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to Chapter 26.415 on January 15, 2008 took and consid- ered public testimony and the recommendation of the Community Development Director and recommended, by a seven to zero (7 - 0) vote, City Council adopt the proposed amend- ments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein; and, Resolution 3 Series 2008 G: \city\Sa raa\i n terio rs\inte riorResol utio n PZ.doc Page 1 of 8 WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text being removed is bold red and strikethrough. Text-beinl; removed4eeles I-ike th-is • Text being added is bold green and underline. Text being added looks like this. • Text which is not highlighted is not affected. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- missionhereby recommends City Council amend Chapter 26.415-"Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" by making the following deletions (indicated in orange with a strikethrough) and additions (indicated in green and underlined): 26.415.020 Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Iuterior: Anv element situated within the exterior walls of a building, which in- cludesand is not limited to interior exposed structural systems, flour plans and visi- ble surfaces. Interior designated landmark: An interior that is listed on the Aspen [nventorv of Historic Landmark Sites and Structures. Interior finishes: Interior finishes important in defining the overall character of the building include but are not limited to: built in features, columns, cornices, base- boards, fireplaces and mantles, trim, signs, ceiling materials, paneling, light fixtures, hardware, flooring, wallpaper, plaster, paint, finishes such as stenciling, marbling, graining, historic graffiti, and other decorative materials that accent interior fea- tures. Sec. 26.415.030. Designation of historic properties. A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The Aspen Inventory of Historic Landmark Sites and Structures has been estab- lished by City Council to formally recognize those districts, buildings, structures, sites, interiors and objects located in the City that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or Resolution 3 Series 2008 G: \city\Sa raa\interiors\i nteriorResolutio nPZ.d oc Page 2 of 8 culture. The location of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. B. Criteria,for designation ofa nrnner[y or district. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or ob- jectsmust have a demonstrated quality of significance. The significance ofproper- tieswill be evaluated according to the following criteria. When designating anhis- toricdistrict, the majority of the contributing resources in the district must meet the criteria described below: C Criteria for /)e.ci~nation ofan interior landmark. "fo be eligible for interior des- ignation onthe Aspen Inventory of Historic Landmark Sites and Structures an indi- vidual building must have a demonstrated quality of significance. The significance ofinterior spaces shall be evaluated according to the following criteria below: 1. The subject property is listed on the Aspen Inventory of historic Landmark Sites and Structures: and, 2. The interior is customaril}~ open or accessible to the public, or to which the public is customarily invited; and, 3. The interior demonstrates adequate integrity of design, materials, and workmanship and is related to one or more of the following: a. Contains physical interior spaces, features. finishes and/or strnc- tural systems representative as part of the development, heritage or cultural characteristics in local state. or national history such as: i. Rsposed su•uctural systems (i.e. wood beams, posts. stone foundation walls) that are characteristic ofconsU~uction and contribute to the overall significance of the building's his- toric character; or ii. A sip=nificant amount of historic interior finishes, as de- scribed in the definition of interior'Gnishes, which contrib- ute tothe overal (significance ofthe building"s character: or b. Represents the technical or lrsthetic achievements of a reco ng i7ed designer craftsman or deli r~philosophy that is deemed important: or a Represents an important event pattern or trend in local state or national history. 6'!-. D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an ap- plication for designation of a building, district, site, structure or object on the As- pen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property, interior or collection of properties shall include the fol- lowing: 1. The applicable information required in Paragraphs 26.304.030.B.1., 2., 3. Resolution 3 Series 2008 G: \city\Sa raa\interiors\inte riorResol utio nPZ.doc Page 3 of 8 and 4. 2. Site or historic district boundary map. 3. Property. interior or district description, including narrative text, photo- graphsand/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character-defining features that distinguish the entity which should be preserved. 6 Detliled tloor pllus are rewired for interior designation applications. L):_E. Review, Public Hearings and Notice. 4. The HPC shall evaluate the application to determine if the property, interior or district meets the criteria for designation. At the public hearing the property owner parties of interest and citizens shall have an opportunity to provide informa- tion about eligibility for designation. When designating an interior. the HPC shall identify the specific interior finishes elements and spaces that are considered his- toric audmeet the criteria listed i^ 26.415.030.0.3. The HPC may recommend ap- proval, disapproval or continuance of the application to request additional informa- tion necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior on the Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of the ordinance including a legal description of the property. Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a property and/or interior from the Aspen Inventory of Historic Landmark Sites and Structures shall follow the same submission requirements and review procedures as for designation described in this Chapter except that with respect to Subsection 26.415.030.0.4 an explanation shall be provided describing why the property no longer meets the criteria for designation. The HPC and City Council shall determine if sufficient evidence exists that the prop- erty no longer meets the criteria for designation and, if so, shall remove the property and/or interior from the inventory. A parcel created through an historic Landmark lot split cannot be de-listed unless there is a finding that the resource which originally caused the site to be landmarked meets the criteria for removal from the historic inven- tory. Resolution 3 Series 2008 G:\city\Saraa\interiors\imeriorResoludonPZ.doc Page 4 of 8 Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmazk Sites and Structures, as an individual build- ing, interior or located in an historic district, unless determined exempt, requires the ap- proval of a development order and either a certificate of no negative effect or a certifi- cate of appropriateness before a building permit or any other work authorization will be issued by the City. B. Design guidelines. 3 The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the Interior Na- tional Park Service shall apply to designated interior landmarks until such time that deli~euidelines specific to interior preserv~~ition are adopted. C. Special consideration. 1. To preserve and maintain the historic and azchitectural character of desig- natedproperties and/or interiors, the HPC or City Council may approve variations from the dimensional requirements set forth in the Land Use Code and may make recommendations tothe Chief Building Official who has the authority to grant cer- tainexceptions from the International Building Code (IBC) through the provisions of the International Existing Building Code (IEBC). These modifications may not change the applicable safety and permit requirements and must also follow the procedures provided for modifications set forth in the IEBC. Sec. 26.415.070. Development involving designated historic property. No building or structure shall be erected, constructed, enlarged, altered, repaired, relo- cated orimproved involving a designated historic property, interior or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. AI I dcvcl- ~ment involving a desi~lated historic property interior or district shall apply efficient building technology 'md LEED standards whenever possible. An application for a building permit cannot be submitted without a development order. A. Exempt development. 1. The followinr* exemptions that do not require development review proce- dures apply only to properties that are not designated interior landmarks: se- i~ctec4,ic'ti~-+~tic5 are e~emhtrd fi~<~t~ra thetle~elc~ytnent-r~tii~~ r>tcaredutrr~3elu~f- +ri=. interior remodeling, paint color selection, exterior repainting or replaster- ing similar to the existing finish or routine maintenance such as caulking, re- placement of fasteners, repair of window glazing or other such minimally in- trusive work. Resolution 3 Series 2008 G: \city\Sa raa\interiors\interiorResolutionPZ. d oc Page 5 of 8 B. Certificate ofno negative effect. 1. An application for a certificate of no negative effect may be made to the Community Development Director for approval of work that has no adverse ef- fect on the physical appearance or character-defining features of a designated property or designated interior. An application for a certificate ofno effect may be approved by the Community Development Director with no further review if it meets the requirements set forth in the following Subsection 26.415.070.B.2: 4. The following work shall be considered for a Certificate ofNo Negative Ef- fect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building, designated interior landmark or structure. j Additions or alterations to nonhistoric elements within a designated inte- rior landmark such that there is no adverse impact on the historic character of the interior. C. Certificate of appropriateness for a minor development. 1. The review and decision on the issuance of a certificate of appropriateness for minor development shall begin with a determination by the Community Development Director that the proposed project constitutes a minor develop- ment. Minor development work includes: d. Alterations that are made to nonhistoric portions of a designated historic property or designated interior landmark that do not qualify fora certifi- cate ofno negative effect or f Alterations. reconstruction. rehabilitation and removal of elements within designated interior landmarks when the work does not qualify for a certificate ofno negative effect. 2. An application for minor development shall include the following: c. An accurate representation of all existing ~d proposed building materi- als, site improvements. lighting and finishes.-tF>{l-i+i-t#e~-tle~=elf~- +ne+3 D. Certificate of appropriateness for major development. 4. Final development plan review. a. An application for a final development plan shall include: (5) A detailed site plan and landscape plan illustrating existing and proposed walkways planting and site grading Resolution 3 Series 2008 G: \city\Sa raa\interiors\i me riorResol utionPZ.d oc Page 6 of 8 Sec. 26.415.100. Demolition by neglect. A. Standards for reasonable care and upkeep. 1. The owner or such other person who may have legal possession, custody and control thereof of a designated property shall, upon written request by the City, repair the following exterior features if they are found to be deteriorating or if their condition is contributing to deterioration such that it is likely to compro- mise the building's structural integrity or as to create or permit the creation of any hazardous or unsafe condition to life, health or other property. These fea- tures include, but are not limited to: i Deterioration decay or dam~j~e ofhistoric elements within a designated interior landmark that compromise the historic character ofthe interior and could result in the loss of the historic element. Section 2: The Planning and Zoning Commission also recommends the following to City Council: 1. That HPC have the ability to add significant elements to the designation report that are discovered during construction, rehabilitation, or restoration, and are not otherwise identified in the designation report through the adoption of a resolution. 2. That the language proposed in Section 26.415.030.0.2 be clarified to include lan- guage such as: "The interior is customarily open or accessible to the public, or to which the public is customarily invited, which may include but is not limited to hotel rooms and members only dining clubs; and," Section 3: This Resolution shall not affect 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 conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- sonheld 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. APPROVED by the Planning and Zoning Commission during a public hearing on January 15, 2008. signatures on the following page] Resolution 3 Series 2008 G: \city\Sa raa\interiors\inte riorResolu tionPZ. d oc Page 7 of 8 APPROVED AS TO FORM: ames R. Tme, Assistant City Attorney ATTEST: ~{,~,ILt.li ~~/ackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Dyl Johns, Chair j ~..--- Resolution 3 Series 2008 G: \eity\Sa raa\interiors\i nterio rResolutio nPZ.doe Page 8 of 8