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Home My WebLink Aboutordinance.council.036-08ORDINANCE No. 36 (Series of 2008) Goy` ~tiG ~~ F THE CITY COUNCIL OF THE CITY OF ASPEN, ~~ AN ORDINANCE O COLORADO, APPROVING AMENDMENTS 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 Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the designation of interior landmarks, pursuant to sections 26.415; and, WHEREAS, the amendments requested relate to the following Chapter of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.415 -Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H" Historic Overlay District; 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; ordenial 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 amendments requested relate to Chapter 26.415 "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 ofthe Land Use Code, Title 26 ofthe 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 of Aspen's cultural, educational, social, economic, political and architectural 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, ordenial 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, Ordinance No. _ Series 2008 Page 1 of 19 WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan; and, WHEREAS, the Community Development Director recommended approval ofthe 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 consi- dered 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 amendments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text being removed is bold red and strikethrough. T'rs-t-beifrl;-rem+*v-ec1-l•rcds iik~r ih+~. • Text being added is bold green and underline. Text being added looks like this. • Text which is not highlighted is not affected. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identi- fiedherein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, W HEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council amends Chapter 26.415- "Development Involving the Aspen Inventory of Historic Landmark Sites and Ordinance No. _ Series 2008 Page 2 of 19 Structures or Development in an `H' Historic Overlay District" by the inclusion of the fol- lowing terms and definitions (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: lnterior• Any clement situated within the exterior walls of a building, which in- cludes and is not limited to interior exposed structural systems, room/floor layout and visible surfaces. Interior designated Iandmark• An interior that is listed on the Aspen inventory of Historic Landmark Sites and Structures. lnterior elements• lnterior elements important in defining the overall character of the building include but are not limited to: bar safe, fixed furniture, columns, cor- nices baseboards fireplaces and mantles trim signs ceiling materials, paneling, light fixtures hardware flooring wallpaper plaster paint finishes such as stencil- ing marbling graining historic graffiti and other decorative materials that accent interior features. Section 2: Section 26.415.030 of the Aspen Municipal Code shall be amended as follows: 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 established by City Council to formally recognize those districts, buildings, structures, sites i, nte- riors and objects located in the City that have special significance to the United States, Colorado or Aspen history, azchitecture, azchaeology, engineering or culture. The loca- tion of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. B. Criteria fin• rlesiKruition o/ a prcpertti or di.rtrirt. To be eligible for designa- tion on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection ofbuildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will be evaluated according to the following criteria. When designating an historic district, the majority of the contributing resources in the district must meet the criteria de- scribed below: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, de- sign, materials, workmanship and association, given its age; or Ordinance No. _ Series 2008 Page 3 of 19