HomeMy WebLinkAboutresolution.hpc.013-2009RESOLUTION No. 13
(Series of 2009)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE
FOLLOWING CHAPTERS AND SECTIONS OF THE C[TY OF ASPEN LAND ,
USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET
APPLICABLE STANDARDS OF REVIEW: 26.415.120 -APPEALS, NOTICE TO
CITY COUNCIL AND CALL UP; 26.412.040.6 -APPEALS, NOTICE TO CITY
COUNCIL AND CALL UP; 26.415.070.D.3 -CONCEPTUAL DEVELOPMENT
PLAN REVIEW; 26.415.070.D.4-FINRL DEVELOPMENT PLAN REVIEW.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen Land Use Code, the Drector of the Community Development Department
initiated amendments to the Land Use Code related to the provisions for City Council
"call-up" review of Conceptual Review approvals granted by the Historic Preservation
Commission and the Planning and Zoning Commission; 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 Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director has recommended denial of
the proposed amendments to the City of Aspen Land Use Code Sections 26.415.120 -
Appeals, notice to City Council and call up; 26.412.040.6 -Appeals, notice to City
Council and call up; 26.415.070.D.3 - Conceptual Development Plan Review;
26.415.070.D.4 -Final Development Plan Review, as described herein; and,
WHEREAS, the amendments proposed herein aze consistent with the Aspen
Area Community Plan which, in part, calls to "retain and encourage an eclectic mix of
design styles and to maintain and enhance the special character of our community"; and,
WHEREAS, during a duly noticed public hearing on April 8, 2009, the Historic
Preservation Commission recommended that City Council approve amendments to the
text of Sections 26.415.120 -Appeals, notice to City Council and call up; 26.412.040.6 -
Appeals, notice to City Council and call up; 26.415.070.D.3 -Conceptual Development
Plan Review; 26.415.070.D.4 -Final Development Plan Review, as described herein, by
a 6 - 0 vote; and,
WHEREAS, the Aspen Historic Preservation Commission fmds that the
amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the
approval of the amendments is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Historic Preservation Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text unaffected is black and in standard print and looks like this. Tex[ bei~ added to the _.--" ce[etm: text being remnvea is tea
code is blue with underline and looks like this. with atrikethrougb aaa tooka eke thia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
HISTORIC PRESERVATION COMMISSION as follows:
Section 1: Section 26.415.120 -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Historic Preservation
Commission decisions, shall be amended as follows:
26.415.120. Appeals, Notice to City Council, and Call-Up.
A. Appeal. Any action by the HPC in approving, approving with conditions or
disapproving a development order and an associated certificate of appropriateness for
major development, demolition approval or relocation approval may be appealed to the
City Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to Ciry Council. Following the adoption of a resolution approving,
approving with conditions or disapproving a Conceptual Development Plan application
for a certificate of appropriateness for major development, demolition approval or
relocation approval of a designated property, the HPC shall promptly notify the City
Council of its action to allow the City Council an opportunity to avail itself of the call-up
procedure set forth in Subsection 26.415.120.0 and D. Notification shall consist of a
description in written and gr~hic form of the proiect with a copv of the approving
document.
C. Call-up. The City Council may order call up of any action taken by the HPC as
described m Section 26.415.070 within thirty (30) days of the decision, action or
determination. Consequently, applications for Final Development Plan Review shall not
be accepted by the City and no associated permits ~Sha11 be issued during the thirty (30)
"-" _-- j oeiecm: can J
_
day call-up period. If City Council exercises this call-up provision, no applications for
Final Development Plan Review shall be accented by the Ciri and no associated permits
shall be issued until the Ciri Council takes action as described in subsection
26.415.120.D. If the Citv Council does not call up the action within the call-up period,
the resolution of HPC shall be the final decision on the matter. cektea: nn Ine reenra eatabhanea
before [he HPC
D. City Council action on appeal or call-up. The City Council shall, at a public ,. Formatted: Font: [taiic
meetine, consider the application a novo. The City Council mav, at i_ts discretion. ,C:."
-~.. De[etm:anau afetm the aeaaion of the
consider evidence included in the record established by the Historic PieServanOn i HPC unless there isa fmding that [here
Commission or supplement the record with additional evidence or testimony as was a denial of due processor the HPC
has enceeded i[sjunsdic[ion or abused its
necessary. The Citv Council shall conduct its review of the anplication under the same diacreenn.
process and requirements applicable to the reviewingbody. The City Council shall take % ,- ce[eted: s
such action as it,deem~necessary. including, but not limited to: ce[etm: ea
Deleted: to remedy said situation
1. Acceptine the decision.
[part]; Ord. No. 52-2003, § 10)
Section 2: Section 26.412.040.B. -Appeals, notice to City Council and Call-Up, which
section describes the process for City Council "call-up" of Commercial Design Review
decisions, shall be amended as follows:
26.412.040.B. Appeals, Notice to City Council, and Call-Up.
1. Appeals. An applicant aggrieved by a determination made by the Community
Development Director, the Planning and Zoning Commission or the Historic Preservation
Commission, as applicable, pursuant to this Chapter, may appeal the decision to the City
Council, pursuant to the procedures and standards of Chapter 26.316, Appeals.
DGleied: 2.. Reversin¢ the decision.9
DelMed:z
Deleted: 3.. Altering the conditions of
approval.¶
Deleted:?
Deleted: 5
2. Notice to Ciry Council. Following the adoption of a resolution approving or
approving with conditions a development application for Conceptual Design, the_City__ ._-- Deleted:c
Council shall be promptly notified of the action to allow the City Council an opportunity DelMed: a
to avail itself of the call-up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving
document. Also see appeal procedures, Section 26.412.090 below.
3. Call-up. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City Council
may order call-up of the action within thirty (30) days of the decision, action or
determination. Consequently, applications for Final Desi¢tt shall not be accented by the
Ci and no associated permits Shall be issued during the thitTy-day call-up period. If ....-- Deletm: can
takes action as described in subsection 26.412.040.B.4. If the City Council does not call
up the action within the call-up period, the resolution shall be the final decision on the Formatted: Font: lwhc
matter.
Deleted: on the record established
before [he Planning and Zoning
4. City Council action on call-up. The City Council shall, at a public meeting, Commission or Historic Preservarlon
consider the application a nov_o. The City Council may at its discretion, consider,? cnmmiasinn, as applicable.
- '
evidence included in the record established by the Historic Preservation Commission or . Deleted: ahauaffirentheaeeiaion°ethe
Commission unless there is a finding that
Planning and Zoning Commission, as aoDlicable, or suoDlement the record Wlth there was adenial of due process or the
additional evidence or testimonv as necessary. The Ciri Council shall conduct its review cnmmiaainn exceeaea aaiutiaaiceon or
abused its discretion.
of the application under the same Drocess and reouirements applicable to the reviewing
bpd .The Ci Council shall take such action as i deem necess includin but not %..- ' Deleted: s
limited to: ce~ed: ea
Deleted: to remedy said situation
a. Acceotine the decision.
~ Remanding the application to the aonlicable Commission for
13, 2007, §1)
necessary to conclude the call-up review.
No.
Section 3: Section 26.415.070.D.3 -Conceptual Development Plan Review, which
section describes the process for Review and approval of Conceptual Development Plans
by the Historic Preservation Commission, shall be amended as follows:
26.415.070.D.3. Conceptual Development Plan Review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
chazacteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their
form, including their height, massing, scale, proportions and roof plan; and the
primary features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context
surrounding the designated historic property or historic district including at
least one (1) of the following: diagrams, maps, photographs, models or
streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential
design standards or a written request for a variance from any standard that is
not being met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for concepmal or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and
Deleted: b.. Reversing or amending the
Deleted: b
Deleted: c.. Altering the conditions of
approval.¶
Deleted:c
Deleted:a
Dele[ed:e
a public hearing before the HPC shall be scheduled. Notice of the hearing
shall be provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepaze a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the heazing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
(41 A resolution of the HPC action shall be forwarded to the Citv Council in
accordance with Section 26.415.120 - peals, notice to City Council, and ,_-- wrmattea: Font: Not som
call-up. No applications for Final Development Plan shall be accepted by the
City and no associated permits shall be issued until the City Council takes
action as described in said section.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute fmal approval
of a major development project or permission to proceed with the
development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in
regards to the location and form of the envelope of the structure(s) and/or
addition(s) as depicted in the conceptual plan application including its height,
scale, massing and proportions. No changes will be made to this aspect of the
proposed development by the HPC as part of their review of the final
development plan unless agreed to by the applicant If the applicant chooses
to make, substantial amendments to the conceptual design after it has been ....-- ceietea: s
- -- -------------------- ----------------------
approved, anew conceptual development plan Approval shall be required,-_ _.-- ceterm: near;~g
pursuant to Section 26.415.070.D.3
----------------------------------------------~-------_.--_~_ Deleted:.
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual
development plan. Failure to file such an application within this time period
shall render null and void the approval of the conceptual development plan.
The Community Development Director may Grant an extension of this
limitation if the delay has been caused by the application requirine additional
reviews or similar delays that could not have been reasonably uredicted by the
applicant. The Historic Preservation Commission may, at its sole discretion
and for good cause shown, grant aone-time extension of the expiration date
for a conceptual development plan approval for up to six (6) months provided
a written request for extension is received no less than thirty (30) days prior to
the expiration date.
Section 4: Section 26.415.070.D.4 -Final Development Plan Review, which section
describes the process for Review and approval of Final Development Plans by the
Historic Preservation Commission, shall be amended as follows:
26.415.070.D.4. Fina] Development Plan Review. `
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part
of the development at 1/4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the fmal
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public heazing
before the HPC shall be scheduled. Notice of the heazing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, band c.
(2) Staff shall review the submittal material and prepaze a report that analyzes the
project's conformance with the design guidelines and other applicable Land
Use Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the
recommendation. The HPC will review the application, the staff analysis
report and the evidence presented at the heazing to determine the project's
conformance with the City Historic Preservation Design Guidelines.
Wrmattetl: Tabs: 108 pt, LeR +
Not at 18 pt
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a
certificate of appropriateness and the Community Development Director shall
issue a development order.
Before an application for a building permit can be submitted, a final Set Of -. .-' DeIMeC:(4) AresolutionoftheHPC
-------- -------- ---~
plans reflecting any or all required changes by the HPC or City Council must ' action will be forwarded to [he City
cnuncd m accnraanae widt seceon
be on file with the City. Any conditions of approval or outstanding ISSLLOS 26.415.130 and no permit will be issued
which must be addressed in the field or at a later time shall be noted on the for construction ofthe project until the
thirty (30) daY "Doll up' period by Ciry
plans. council nay expirea.Q
celetetl: s
Section 5:
A public hearing on the Resolution was held on the 8`~ day of April, 2009, at 5:00
p.m. in the Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this 8th day of April, 2
Michael Hoffman, C ai an
Attesta j'~
GL-~~ GG. _ _ _ _
Kathy Strict and Ciry Clerk %~ 55i w..
ApprJo~~v7ed as to form:
j~_~_
~ ~s R. True, Special Counsel