HomeMy WebLinkAboutresolution.hpc.003-2010A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) FOR RED
BUTTE CEMETERY, 808 CEMETERY LANE, A PARCEL OF LAND LOCATED IN
SECTIONS 1 AND 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.,
CITY AND TOWNSITE OF ASPEN CITY AND TOWNSITE ASPEN
RESOLUTION NO. 3, SERIES OF 2010
PARCEL ID: 2735-122-00-851
WHEREAS, the applicant, Red Butte Cemetery Association, represented by Alan Richman
Planning Services and Graeme Means, Architect, has requested Major Development (Final) for
the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery
Lane, a parcel of land located in Sections 1 and 12, Township ] 0 South, Range 85 West of the 6`h
P.M., City and Townsite of Aspen; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
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;" and
WHEREAS, for Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.6.2
and 3 of the Municipal Code and other applicable Code Sections. 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; and
WHEREAS, Amy Guthrie, in her staff report dated February 24, 2010, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met and recommended the application be approved
with conditions; and
WHEREAS, at their regular meeting on February 24, 2010, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application with conditions by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED: HPC hereby grants Major Development (Final)
approval for a new maintenance building at Red Butte Cemetery, 808 Cemetery Lane, a parcel of
land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6`~ P.M., City and
Townsite of Aspen, with the following conditions:
RECEPTION#: 567936, 03/25!2010 at
10:47:57 AM,
1 OF 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Study using wood instead of metal siding on the maintenance building. The final material
selection must be approved by staff and monitor, or referred to HPC for final
determination if staff and monitor are not in favor of the proposed siding materials.
Some guidance on landscape practices that avoid damage to grave markers should be
added to the landscape management plan, along with a strategy for ditches.
There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
The development approvals granted herein shall constitute asite-specific development plan
vested for a period of five (5) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
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No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant
to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: Red Butte Cemetery, 808
Cemetery Lane.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 24`h day of February,
2010.
Approved as to Form:
im True, Assistant City Attorney
ATTE
Kathy" ickland, Chief Deputy Clerk