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HomeMy WebLinkAboutresolution.hpc.004-2010RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MINOR DEVELOPMENT FOR THE PROPERTY LOCATED AT TRIANGLE PARK, ALL OF BLOCK 104, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION N0.4, SERIES OF 2010 PARCEL ID: 2735.124.74.851. WHEREAS, the applicant, the City of Aspen Pazks Department, requested approval to replace the existing playground equipment located at Triangle Park, all of Block 104, Hallam's Addition to the City and Townsite of Aspen, Colorado, that required Minor HPC Review; and WHEREAS, Triangle Park is listed on the Aspen Inventory of Historic Landmark Sites and Structures; 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 Minor 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 26.415.070.0 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, Sara Adams, in her staff report dated March 24, 2010, performed an analysis of the application based on the standazds, found that the review standazds and the "City of Aspen Historic Preservation Design Guidelines were met, and recommended approval; and WHEREAS, during a duly noticed public hearing on March 24, 2010, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and approved the application by a vote of 4 to 1 with conditions. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development for the replacement of playground equipment for the property located at Triangle Park, all of Block 104, Hallam's Addition to the City and Townsite of Aspen, Colorado, with the following conditions: HPC Resolution No. 4, Series of 2010 Triangle Park, Page 1 of 3 1. Parks shall ensure that the ash and cottonwood trees approved to be added to the park aze mature. 2. HPC approves moving the existing "climber" to the proposed location within the defined play area. 3. Staff and Monitor shall review and approve a different color for the plastic caps on top of the wooden posts to lessen the visual contrast. 4. Parks shall look at the proposed drum play equipment and whether it is absolutely necessary to add. 5. There shall be no deviations from the approved plan without first being reviewed and approved by staff and monitor. 6. A Land Use application for an insubstantial amendment to modify the development envelope must be approved by the Community Development Department prior to demolition and construction of the aforementioned approval. 7. The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) 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 sajd 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. 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 three (3) yeazs, 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: Triangle Park. 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 HPC Resolution No. 4, Series of 2010 Triangle Park, Page 2 of 3 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 March, 2010. Michael Hoffman, HPC Chair Appr ved as to Form: ~m True, Special Counsel ATTEST: /Kathy S ickland, Chief Deputy Clerk HPC Resolution No. 4, Series of 2010 Triangle Park, Page 3 of 3