HomeMy WebLinkAboutresolution.apz.008-09RESOLUTION No. OS
(Series of 2009)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION,
ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO ASPEN CITY
COUNCIL ORDINANCE NUMBERED 49, SERIES OF 1974 AND ORDDANCE
NUMBERED 60 SERIES OF 1976 MEET THE APPLICABLE STANDARDS OF
REVIEW, AND DETERMINING THAT THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF
ASPEN MUNICIPAL CODE MEET APPLICABLE STANDARDS OF REVIEW:
26.415.070 -DEVELOPMENT INVOLVING DESIGNATED HISTORIC
PROPERTY; 26.415.070.A-EXEMPT DEVELOPMENT; 26.415.070.B-
CERTIFICATE OF NO NEGATIVE EFFECT; 26.415.070.0 - CERTIFICAET OF
APPROPRIATENESS FOR MINOR DEVELOPMENT; 26.415.070.D-
CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT.
WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of
Aspen Land Use Code, the Director of the Community Development Department
initiated amendments to Ordinance numbered 49, Series of 1974 and Ordinance
numbered 60, Series of 1976 related to the boundazies of the Commercial Core and
Main Street Historic Districts; and initiated amendments to the Land Use Code related
to the Historic Preservation Commission's (HPC) purview in the right of ways within
designated historic districts; and,
WHEREAS, pursuant to Section 26.310, applications to amend the official zone
district map and to amend 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, Ordinance numbered 49, Series of 1974 defined the Commercial
Core Historic District as "all of lots 80, 81, 82, 93, 87, 88, 89, 90, 93, 94, 95, 96, and the
south half of blocks 79, 86 and 92 of the City and Original Townsite of Aspen; and the
south half of Block 19 East Aspen Addition to the City of Aspen," which did not include
the right of ways; and,
WHEREAS, Ordinance numbered 60, Series of 1976 defined the Main Street
Historic District as "all of those properties abutting (on the north and south) Main Street
between Monarch and Seventh Streets, and all of Paepcke Park within the City of Aspen,
Colorado: which area is more particularly described as lots K, L, M, N, O, P, Q, R and S
of blocks 18, 24, 30, 37, 44, 51, 58, 66, 73; lots A, B, C, D, E, F, G, H and J of Blocks 19,
25, 31, 38, 45, 52, 59, 74; and all of Block 67 of the Original Aspen Townsite," which
did not include the right of ways; and,
WHEREAS, the Community Development Director has recommended approval
of [he proposed amendments to the Aspen City Council Ordinance numbered 49 Series of
~~
P & Z Resolution No. 08, Series of 2009
Page 1 of t2
1974 and Ordinance numbered 60 Series of 1976, and has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.415.070 -
Development Involving Designated Historic Property; 26.415.070.A - Exempt
Development; 26.415.070.B -Certificate of No Negative Effect; 26.415.070.0 -
Certificate of Appropriateness for Minor Development; 26.415.070.D -Certificate of
Appropriateness for Major Development; and,
WHEREAS, pursuant to the City of Aspen Land Use Code Section 26.415.020-
Definitions, the definition of a historic district is "a collection, concentration, linkage or
continuity of buildings, structures, sites or objects united historically or aesthetically by
plan or physical development," which, in part, necessitates the inclusion of the right of
ways within the established boundaries to be a cohesive historic district; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan which, in part, calls to '`work to improve the Historic Preservation
Commission (HPC) review process" and to "ensure that the rules and regulations
regarding development and historic preservation in our community create projects that
are consistent with our broader community goals;" and,
WHEREAS, during a duly noticed public hearing on April 21, 2009, the
Planning and Zoning Commission recommended that City Council approve amendments
to Aspen City Council Ordinance numbered 49 Series of 1974 and Ordinance numbered
60 Series of 1976; and approve amendment to the text of Sections 26.415.070 -
Development Involving Designated Historic Property; 26.415.070.A - Exempt
Development; 26.415.070.B -Certificate of No Negative Effect; 26.415.070.0 -
Certificate of Appropriateness for Minor Development; 26.415.070.D -Certificate of
Appropriateness for Major Development as described herein, by a five to zero (5 - 0)
vote; and
WHEREAS, the Aspen Planning and Zoning Commission finds 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 Planning and Zoning 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. Text being added to the _..- ~eieted: rexthaingre~noveaisred
with strikethrough and looks like this.
code is blue with underline and looks like this.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION AS FOLLOWS:
Section l: Aspen Ciry Council Ordinance numbered 49, Series of 1974 that defines the
boundaries of the Commercial Core Historic District is hereby amended to include the
right of ways within the existing outlying historic district boundaries and to correct
existing clerical errors.
P & Z Resolution No. 08, Series of 2009
Page 2 of 12
Ordinance 49, Series of 1974. Section 1.
That the following described property located within Pitkin County, Colorado, be
and herby is placed within an H, Historic Overlay District and designated an historic site:
1A11 of locks 79 80, 81, 82, 93, 87, 88, 89, 90, 93, 94, 95, 96, and lots K, L, M, • Deleted: ~
-_.. =
N, O, P, Q, R, S,pf blocks ~6, and lots K L, M, N O, P 0. R of block 92 of the =
Deleted: pots
,;
City and Original Townsite of Aspen together with all sidewalks, allevwa~s, ' _,
; Deleted: the south half
streets or public area of any nature within or immediately adjacent to the above Deleted: 79
mentioned propertied. _ ....................... .~ __ - _ Deleted: and
All as is set forth in the map attached hereto as Exhibit "A". Deleted: ;and the south half of lock 19
East Aspcn Addition to the Ciry of Aspen
Further that the Official Zoning District Map of the City of Aspen is further amended by Deleted: .
the designation of the above-described areas_as an H, Historic Overlay District. Deleted:. dated Apti17, 1967, as
--
amended
Deleted: prece
Section 2: Aspen City Council Ordinance numbered 60, Series of 1976 that defines the Deleted: e
boundaries of the Main Street Historic District is hereby amended to include the right of ~~~~` aing
ways within the existing outlying historic district boundaries and to correct clerical
errors.
Ordinance 60, Series of 1976. Section 1.
That Main Street between Monarch and Seventh Streets is determined to have
historic significance and that Main Street, the sidewalks adjacent thereto and the
following described property located in Pitkin County, Colorado, be designated as an H
historic Overlay District pursuant to the provisions of Article IX of Chapter 24 of the
Aspen Municipal Code
All of lots K, L, M, N, O, P, Q, R and S of blocks 18, 24, 30, 37, 44, 51, 58, 66, ,, Deleted:
73 of the Original Aspen Townsite; andti .
`
~Il of lots A, B, C, D, E, F, G, H and Hof Blocks 19, 25, 31, 38, 45, 52, 59, 74 of .
- .-.. ;Deleted: A
-
the Original Aspen Townsite; and, _____ _ __
Deleted: ~
X11 of Block 67 of the Ori final As en Townsite; and
g P ~~ Deleted: .
- Deleted: A
The side streets between the above-described blocks within one-half block of
Main Street.
All as is set forth in the map attached hereto as Exhibit "A".
Further that the Official Zoning District Map of the City of Aspen is further amended by
the :ic~i~~n;tiir~n ,,~ ~hr above-described areas as an H, Historic Overlay District.
Section 3: Section 26.415.070 -Development involving designated historic property,
which section describes the procedure for designated historic property, shall be amended
as follows:
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Page 3 of 12
Sec. 26.415.070. Development involving designated historic property.
No building structure, temporary structure, object,_or_landsca~e shall be erected,
constructed, enlarged, altered, repaired, relocated or improved involving a designated
historic property 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. An application for a building permit cannot be submitted
without a development order.
Section 4: Section 26.415.070.A -Exempt development, which section defines
development that is exempt from staff or HPC review be amended as follows:
Section 26.415.070.A. Exempt development.
1. Selected activities are exempted from the development review
procedures including interior remodeling, paint color selection, exterior
repainting or replastering similar to the existing finish or routine maintenance
such as caulking, replacement of fasteners, repair of window glazing or other
such minimally intrusive work.
2. Selected activities within a designated historic district right of way are
work.
,~. If there is any question if a work activity qualifies as exempt, the
Community Development Director shall make the determination as to its
eligibility.
Section 5: Section 26.415.070.B -Certificate of No Negative Effect, which section
defines development that qualifies for administrative review and approval shall be
amended as follows:
Section 26.415.070.B. Certificate of no 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
effect on the physical appearance or character-defining features of a designated
property or historic district. An application for a certificate of no effect may be
approved by the Community Development Director with no further review if it
meets the requirements set forth in the following Subsection 26.415.070.8.2:
2. The Community Development Director shall issue a development order
based upon a certificate of no negative effect within fourteen (14) days after
receipt of a complete application if:
-- Deleted:2
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Page 4 of 12
a. It is determined that the activity is an eligible work item and meets
the City Historic Preservation Design Guidelines; and,
b. Any modifications to the proposed work requested by the
Community Development Director are agreed to by the owner/applicant;
and,
c. The proposed work will not diminish, eliminate or adversely affect
the significant historic and/or architectural character of the subject
property or Historic District in which it is located.
3. An application for a certificate of no negative effect shall include the
following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as
needed, to accurately depict location, extent and design of proposed work.
d. Verification that the proposal complies with Chapter 26.410, Residential
design standards.
4. The following work shall he considered for a Certificate of No Negative
Effect:
a. Replacement or repair of architectural features which creates no
change to the exterior physical appearance of the building or structure.
b. Replacement or repair of architectural features that restores the
building or structure to its historic appearance.
c. Installation of awnings or similar attachments provided no
significant feature is damaged, removed or obscured by the installation.
d. Fencing that has no adverse effect on the historic or architectural
character of the property or historic district.
e. Mechanical equipment or accessory features that have no impact on ~ei~ed: o~
the character-defining features of the building;structure or historic district. ,.
f. Signs which have no effect on the character-defining features of the
historic property or historic district.
g. Alterations to noncontributing buildings within historic districts that
have no adverse effect on its historic or architectural character.
h. Alterations to no more than two (2) elements of nonprimary facades
of a designated building.
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i. Installation of site improvements, such as walkways, patios, pools or
hot tubs, or similar significant features.
j. Repair or replacement of ditches, streetscape and/or landscaping
such that there is a minimal impact on the historic character of the historic
district.
k. Installation of street furniture (i.e. benches, playgrounds, trashcans,
bike racks) such that there is a minimal impact on the historic character of
the historic district.
5. 'hhe development order and associated certificate of no negative effect
shall expire and become null and void after three (3) years from the date of
issuance by the Community Development Director unless a building permit is
issued within that time.
6. In the event that the Community Development Director determines that
the issuance of a certificate of no negative effect is not appropriate, the owner
may apply for a certificate of appropriateness from the HPC.
Section 6: Section 26.415.070.0 -Certificate of appropriateness for minor development,
which section defines development that qualifies for a one step review and public hearing
before the HPC shall be amended as follows:
Section 26.415.070.0. 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 development. Minor development work includes:
a. Expansion or erection of a structure wherein the increase of the
floor area of the structure is two hundred and fifty (250) square feet or less
or
b. Alterations to a building facade, windows, doors, roof planes or
material, exterior wall materials, dormer porch, exterior staircase, balcony
or ornamental trim when three (3) or fewer elements are affected and the
work does not qualify for a certificate of no negative effect or
c. Erection or installation of a combination or multiples of awning,
canopies, mechanical equipment, fencing, signs, accessory features and
other attachments to designated properties or within a historic district such
that the cumulative impact does not allow for the issuance of a certificate
of no negative effect or
P & Z Resolution No. 08, Series of 2009
Page 6 of 12
d. Alterations that are made to nonhistoric portions of a designated
historic property or historic district that do not qualify for a certificate of
no negative effect or
e. The erection of street furniture, signs, public art, bus stops and other
visible improvements within designated historic districts of a magnitude or
in numbers such that the cumulative impact does not allow for the ; oei~~:
issuance of a certificate of no negative effect, or
-- Deleted:
effect.
The Community Development Director may determine that an
application for work on a designated historic property or within a
designated historic district involving multiple categories of minor
development may result in the cumulative impact such that it is considered
a major development. In such cases, the applicant shall apply for a major
development review in accordance with Subsection 26.415.07. D.
2. An application for minor development shall include the following:
a. The general application information required in Section 26304.030.
b. Scaled elevations and/or drawings of the proposed work and its
relationship to the designated historic buildings, structures, sites and
features within its vicinity.
c. An accurate representation of all building materials and finishes to
be used in the development.
d. Photographs and other exhibits, as needed, to accurately depict
location, extent and design of proposed work.
e. 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.
3. The procedures for the review of minor development projects are as
follows:
a. The Community Development Director will review the application
materials and if they are determined to be complete, schedule a public
hearing before the HPC. The subject property shall be posted pursuant to
Paragraph 26.304.060.E.3.b.
b. Staff shall review the submittal material and prepare 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
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Page 7 of 12
recommendation to approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC will review the application,
the report and the evidence presented at the hearing to determine the
project's conformance with the City Historic Preservation Design
Guidelines.
c. The HPC shall 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.
d. The HPC decision shall be final unless appealed by the applicant or
a landowner within three hundred (300) feet of the subject property in
accordance with the procedures set forth in Chapter 26.316.
Section 7: Section 26.415.070.D -Certificate of appropriateness for major development,
which section defines development that qualifies for a two step review (conceptual and
final) and two public hearings (conceptual and final) before the HPC shall be amended as
follows:
Section 26.415.070.D. Certificate of appropriateness for major development.
I. The review and decision on the issuance of a certificate of appropriateness for
major development shall begin with a determination by the Community Development
Director that [he proposed project constitutes a major development. A major
development includes one or more of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building facade
including its windows, doors, roof planes or materials, exterior wall
material, dormers, porches, exterior staircase, balcony or ornamental trim;
and/or
c. The expansion of a building increasing the floor area by more than
two hundred and fifty (250) square feet; and/or
d. Any new development that has not been determined to be minor
development.
2. The procedures for the review of major development projects include a
two-step process requiring approval by the HPC of a conceptual development
plan and then a final development plan. [f a major development project
involves additional City Land Use approvals, the Community Development
Dtrector may consolidate or modify the review process accordingly, pursuant
to Subsection 26.304.060.B.
3. Conceptual development plan review.
P & Z Resolution No. 08, Series of 2009
Page 8 of 12
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 characteristics.
(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 standazd 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 conceptual or final
development plan approval If they are determined to be
complete, the applicant will be notified in writing of this and 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 prepare 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 hearing
to determine the project's conformance with the City Historic
Preservation Design Guidelines.
P & Z Resolution No. 08, Series of 2009
Page 9 of 12
(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.
c. The effect of approval of a conceptual development plan is as
follows:
(1) Approval of a concepmal development plan shall not
constitute final 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. [f the
applicant chooses to makes substantial amendments to the
conceptual design after it has been approved, a new conceptual
development plan heazing shall be required.
(3) Unless otherwise specified in the resolution granting
concepmal development plan approval, a development
application for a final development plan shall be submitted within
one (1) yeaz 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 Historic Preservation Commission may, at
its sole discretion and for good cause shown, grant cone-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.
4. Final 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.
P & Z Resolution No. O8, Series of 2009
Page 10 of 12
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 final 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 hearing 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 hearing
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 m obtain additional
information necessary to make a decision to approve or deny. [f
the application is approved, the HPC shall issue a certificate of
appropriateness and the Community Development Drector shall
issue a development order.
(4) A resolution of the HPC action will be forwarded to the
City Council in accordance with Section 26.415.130 and no
permit will be issued for construction of the project until the
thirty (30) day "call up" period by City Council has expired.
(5) Before an application for a building permit can be
submitted, a final set of plans reflecting any or all required
changes by the HPC or City Council must be on file with the
City. Any conditions of approval or outstanding issues which
must be addressed in the field or at a later time shall be noted on
the plans.
P & Z Resolution No. O8, Series of 2009
Page 11 of 12
Section 8:
A public hearing on the Resolution was held on the 21n day of April, 2009, at 4:30
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 21 s` day of AF
Attest:
ckie, Lothian, City Clerk
Approved as to form:
ames R. True, Special Counsel
P & Z Resolution No. 08, Series of 2009
Page 12 of 12
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