HomeMy WebLinkAboutresolution.apz.027-07Resolution No. 27
(Series of 2007)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT
AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
CHAPTER 26.415 OF THE ASPEN MUNICIPAL CODE, DEVELOPMENT
INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND
STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT
WHEREAS, the Planning Director of the Community Development Department re-
commends the following amendments to the Land Use Code; and,
WHEREAS, the amendments requested relate to the following Chapter and Section of
the Land Use Code, Title 26 of the Aspen Municipal Code:
CHAPTER 26.415 OF THE ASPEN MUNICIPAL CODE, DEVELOPMENT
INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES
AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY
DISTRICT
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 afrer reviewing
and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval ofthe
proposed amendments, as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
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WHEREAS, the Planning and Zoning Commission held a public hearing to consid-
er the proposed amendments to the above noted Chapter and Section on October 2, 2007,
took and considered public testimony and the recommendation of the Community Devel-
opment Director and recommended, by a 3-1 vote, City Council adopt the proposed
Resolution 27, Series 2007
Page 1 of 8
amendments to the land use code by amending the text of the above note Chapters and Sec-
tions of the Land Use Code, as described herein.
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 Commis-
sionhereby recommends City Council amend 26.415.030, Designation of Historic Properties,
which section describes the process and criteria through which the city designates properties of
historical, architectural, archaeological, engineering and cultural importance, to add and delete
the following:
26.415.030 Designation of historic properties.
The designation of properties to an official list, that is known as the Aspen Inventory of His-
toric Landmark Sites and Structures which is maintained by the City of Aspen, is intended to
provide a systematic public process to determine what buildings, areas and features ofthe his-
toric built environment are of value to the community. Designation provides a means of de-
cidingand communicating, in advance of specific issues or conflicts, what properties aze in the
public interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. Te
Aspen Inventory of Historic Landmarks Sites and Structures has been established by City
Council to formally recognize those districts, buildings, structures, sites and objects located in
Aspen that have special significance to the United States, Colorado or Aspen history, azchitec-
ture, archaeology, engineering or culture. The location of properties listed on the Inventory
shall be indicated on maps on file in the Community Development Department.
B. Criteria. 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 build-
ings, sites, structures or objects must have a demonstrated quality of significance. The signi-
ficance ofproperties shall be evaluated according to the following criteria. When designating a
historic district, the majority of the contributing resources in the district must meet the criteria
described below:
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, design, mate-
rials, workmanship and association, given its age;
or
2. A property or district is deemed significant as a representation of Aspen's 20`h
century history, was constructed in whole or in part more than thirty (30) years
Resolution 27, Series 2007
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prior to the year in which the application for designation is being made, pos-
sessessufficient integrity of location, setting, design, materials, workmanship,
and association; and is related to one or more of the following:
a. An event, pattern or trend that has made a significant contribution to
local, state, regional or national history; or
b. People whose specific contribution to local, state, regional or na-
tional history is deemed important and the specific contribution is iden-
tified and documented; or,
c. A physical design that embodies the distinctive characteristics of a
type, period or method of construction, or represents the technical or
aesthetic achievements of a recognized designer, craftsman or design
philosophy that is deemed important.
3. A property that was constructed less than thirty (30) years prior to the year in
which the application for designation is being made maybe considered under subsec-
tion 2, above, if the application has been filed by the owner of the property at the time
of designation or, when designating a historic district, the majority of the contributing
resources in the district meet the thirty (30) year age criterion described above.
4. The construction date of a property shall be established by the date of issuance of
the earliest building permit for the subject structure found in the records of the City of
Aspen Community Development Department. If there are no building permit records
available, the building shall be assumed to be, in whole or in part, at least thirty (30)
years old.
5. The Historic Preservation Commission shall adopt, maintain, and make available
to the public guidelines, score sheets, and other devices used by the Commission to
apply the criteria set forth in this Chapter to properties potentially eligible for inclusion
on the Inventory.
C. Application. The property owner(s), the Community Development Director, the Historic
Preservation Commission (HPC) or the City Council may file an application for designation of
a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites
and Structures. The application for the designation of a property or collection of properties
shall include the following:
The applicable information required in section 26304.030(B)(I),(2),(3)and (4).
2. Site or historic district boundary map.
3. Property or district description including narrative text, photographsand/or other
graphic materials that document its physical characteristics.
Resolution 27, Series 2007
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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. If the property owner does not consent to the application for designation,
the owner may choose to provide any evidence of economic hardship, to be
reviewed as cart of the designation hearing before City Council according
to Section 26.415.030.D.6.
D. Review, public hearings and notice.
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2.1. An application for designation on the Aspen Inventory of Historic Landmark
Sites and Structures shall be transmitted to the Community Development Director to
determine ifthe application is complete. For applications filed with sufficient informa-
tion, areport will be prepared by City staff for transmittal to the HPC with the relevant
information on the proposed historic property or district with a recommendation to ap-
prove or disapprove and the reasons for the recommendation.
3:2. A date for a public hearing on a complete application shall be scheduled before
the HPC. Notice ofthe hearing shall be provided according to the provisions of section
26.304.060(E)(3)(a)(b)(c)exeept when the Community Development Director, HPC or
City Council is the applicant. When the Community Development Director, HPC or
City Council is the applicant, notice of the hearing shall be mailed to the property
owner(s) within three hundred (300) feet of the property and posted on the subject
property for at least thirty (30) days prior to the hearing. Notice to the property owner
shall be by registered mail. In the event that there is no evidence that the property
owner received actual notice, the HPC may specify that additional measures betaken.
4.3. The HPC shall evaluate the application to determine if property or district meets
the criteria for designation. At the public hearing the property owner, parties of inter-
est, and citizens shall have an opportunity to provide information about the property or
district's eligibility for designation. The HPC may recommend approval, disapproval
or continuance of the application to request additional information necessary to make a
decision to approve or deny. If the owner of the subject property has not consented
to the application, a recommendation to auurove designation must be sunoorted
Resolution 27, Series 2007
Page 4 of 8
by a vote of a majority. plus one, of the reHUlar members of the board present
and vottne at the meetine. Anv less than a majo~rri~ty_~p~lus one in favor shall be
considered a recommendation of denial. HPC's -tlfCit recommendation shall be
forwarded to City Council.
~4. Upon receipt ofthe decision, report, and recommendations ofthe HPC, the City
Council shall schedule a hearing on the application in accordance with the notice re-
quirements for adopting an ordinance. Council shall evaluate the application to deter-
mine iftheproperty ordistrict meets the criteria for designation. At the public hearing
the property owner, parties of interest and citizens shall have an opportunity to provide
information about the property or district's eligibility for designation. The Council
may approve, disapprove, or continue the application to request additional information
necessary to make a decision to approve or deny.
h=5. If an application is denied, the Community Development Director, HPC or City
Council may not file a reapplication for designation of the same Historic Resource,
property, or district on the Aspen Inventory ofHistoric Landmark, Sites and Structures
for five (5) years from the date of the City Council disapproval, or until such time
that Exhibit A to Ordinance # ,Series of 2007 is revised, whichever comes later.
6. Concurrent with their hearin¢ on historic designation, Council may review
evidence provided by a property owner with regard to economic hardship. The
standard of review for a determination of economic hardship will be whether de-
s~nation would result in a violation of the prohibitions of the U.S. and Colorado
Constitutions against taking of private property for public use without lust com-
pensation asthose prohibitions are interpreted by the courts of Colorado and the
United States. In applying the standards the economic benefits of financial, deve-
I~mental, and technical assistance from the City and the utilization of any feder-
aland state rehabilitation tax credit programs may be considered. City Council
will be provided with a joint analysis prepared by the Historic Preservation Of-
ficerand the City Attorney setting forth the city's response to the evidence pro-
vided by the property owner.
Section 2•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com-
missionhereby recommends City Council amend 26.415.035, Designation ofHistoric Prop-
erties, which section describes the process and criteria for the Identification of Potential
Historic Resources to add and delete the following:
26.415.035. Identification of Potential Historic Resources
For those properties listed on "Exhibit A" of Ordinance # , Series of 2007, IVe no altera-
tions (other than interior remodeling, paint color selection, exterior repainting or replastering
similar to the existing finish or routine maintenance such as caulking, replacement of fasten-
ers, repair of window glazing or other such minimally intrusive work), no land use applica-
tions and no building permit applications shall be undertaken or accepted by the Community
Resolution 27, Series 2007
Page 5 of 8
Development Department until there has been a determination in accordance with this section
that the subject property should not considered for inclusion on the Aspen Inventory ofHistor-
ic Landmark Site and Structures. Alterations, land use applications, and building permit ap-
plications which exclusively impact the interior of a building shall be exempt from this Sec-
tion. The purpose of this determination is to prevent the loss of buildings, sites, structures or
objects, or collections of buildings, sites, structures or objects that may have historical, archi-
tectural, archaeological, engineering and cultural importance and to limit the detrimental effect
of development or demolition on the character of the town. Preserving and protecting historic
resources promotes the public welfare by making Aspen a more attractive and desirable place
in which to live and work. No properties shall be added to those identified on "Exhibit A"
for a period of ten (10) years from the date of adoption of this Ordinance, however any
property owner may volunteer for historic designation review.
A. Procedure:
Before any alteration, land use application or building permit application affecting a-building
•°'•°'° °-'° °°-` "•°"''. i2n~ ..°°-° ° °'a a property identified on "Exhi-
bit A" maybe accepted by the Community Development Department, the Community Devel-
opment Director shall review the affected property and make a preliminary determination as to
whether the property should be considered for inclusion on the Inventory. If a building is of
unknown age, it shall be assumed that the building is over thirty (30) years old for the purpose
of this Section. The determination by the Community Development Director shall be based on
the criteria stated in Section 26.415.030.B.2. and must be concluded within thirty (30) days
after a complete written request is received from the property owner. The written request shall
include the property address, the owner's name, address and telephone number, a site plan or
survey, photographs of all buildings on the property and their dates of construction. A proper-
ty owner may make a written request to initiate this process at any time, even if no develop-
ment is proposed.
1. If, using the designation criteria of Section 26.415.030.B, the Community
Development Director determines that there is no Rreba~le-eaase evidence to believe
that the property should be considered for inclusion on the Inventory, or the Communi-
ty Development Director fails to make a determination within thirty (30) days of the
submission of a complete application for such a determination, the Community Devel-
opment Director shall issue a written verification that the alteration, land use applica-
tion orbuilding permit application may proceed without further review under this Sec-
tion. The Historic Preservation Commission and City Council shall be provided with a
copy of the Community Development Director's determination, along with photo-
graph(s) ofthe property and shall have 7 days to initiate designation according to the
procedures of Section 26.4 ] 5.030, Designation of historic properties. If neither HPC,
nor City Council take such action, the Community Development Director's written ve-
rification shall be effective for a period of E+ve-(5}~ea+s ten (10) years after the date
of issuance, and the Community Development Director, HPC or City Council may not
file a reapplication for designation of the same property or district on the Aspen Inven-
tory of Historic Landmark, Sites and Structures during that period.
Resolution 27, Series 2007
Page 6 of 8
2. If, usine the designation criteria of Section 26.415.030.B, the Community De-
velopment Director determines there is ale-eeuse evidence to believe that the
property should be considered for inclusion on the Inventory, then:
a.) There shall continue to be a prohibition on any alteration, land use application or
building permit application affecting the subject property for a period of one hundred
and eighty (180) days beginning on the date that the Community Development Direc-
tormakes such a written determination. The property owner may appeal the Commu-
nity Development Director's determination to the City Council pursuant to Section
26.316, Appeals. The one hundred and eighty (180) day prohibition on the activities
described above will be extended for a time period equal to that required to conclude
the appeal process.
b J The Community Development Director shall initiate an application for designation
pursuant to Section 26.415.030, Designation of historic properties. All contents ofthe
application will be sent to the property owner by registered mail at least thirty (30)
days before a public hearing takes place at the Historic Preservation Commission. If
an appeal of the Community Development Director's determination is granted, the de-
signation application will be withdrawn.
3. Any owner who takes action to alter or demolish a property, including purpose-
ful removal, change or damage to any exterior materials, features, portions of a build-
ing, or structural members of a building before the Identification of Potential Historic
Resources is complete as described in this Section shall be subject to the penalties es-
tablished in Section 26.415.140, Penalties. The Community Development Department
must demonstrate to City Council, using date stamped photographs, that the exterior of
the building has been altered after the adoption date of this ordinance in order to apply
penalties.
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 ofthis Resolution is for any rea-
son held 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.
Resolution 27, Series 2007
Page 7 of 8
APPROVED by the Commission during a public hearing on October 2, 2007.
APPROVED AS TO FORM:
~w--- ~- -
~ity Attorney
ATTEST:
PLANNING AND ZONING COMMISSION:
ar o ,Chair
6
ckie Lothian, Deputy City Clerk
Resolution 27, Series 2007
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