HomeMy WebLinkAboutagenda.apz.20101019 AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, October 19, 2010
4:30 p.m. regular meeting— Sister Cities Room
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS:
A. 700 Ute Avenue — PUD Amendment (continued from 10/5)
B. Aspen Modern Ordinance — historic preservation code
amendments
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 18
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jennifer Phelan, Community Development Deputy Directo
RE: 700 Ute Avenue (Aspen Alps) Planned Unit Development Amendment —
Resolution No. , Series 2010 — Public Hearing
MEETING
DATE: October 19, 2010 (continued from 10/5/10)
** This memo is identical to the last meeting with the exception of a summary noted below
and a resolution containing changes based upon the last hearing's discussion. Please
bring your application from the previous memo or contact Jennifer if you need another
one. **
Summary: At the last meeting the Commission considered a number of options if the Applicant
were to be permitted to merge units 701 and 711 into one larger unit that exceeds the maximum
multi - family residential dwelling unit size. These options included the purchase 'and
extinguishment of an Historic Transferable Development Right (TDR) or an Affordable
Housing Credit.
Although the Commission may like the idea of purchasing an Affordable Housing Credit to
allow the expansion of the dwelling unit as a condition of approval, the potential requirement is
not codified and could be perceived as a bargained approval. Currently, the code allows the
purchase of a TDR to expand a dwelling unit's size and provides a rational link for the
Commission to require the Applicant to purchase a TDR if permitted to expand the unit.
Staff still recommends denial of the request; however, if the Commission approves the request,
staff recommends that the purchase and extinguishment of a TDR be conditioned on the
approval.
APPLICANT /OWNER: PROPOSED LAND USE:
• Dov Seidman Living Trust The Applicant is requesting to merge Space A
• Aspen Alps South Condominium and Unit 701 into one residential unit.
Association
• Ms. Mariann Martin STAFF RECOMMENDATION:
Staff recommends that the Commission make a
REPRESENTATIVE: determination of denial.
Alan Richman, Alan Richman Planning In the alternative, if the commission supports
Services the amendment, staff recommends the applicant
extinguish TDRs to exceed the unit size cap.
LOCATION:
Aspen Alps South, Unit 701 and Space SUMMARY:
A. Commonly known as 700 Ute Ave., The owner of unit 701 would like to merge a
Units 701 and 711 unit with his unit to increase the overall size of
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unit 701. A PUD Amendment is necessary to
CURRENT ZONING & USE increase the size of the unit as it currently
Located in the Lodge (L) zone district exceeds the maximum unit size dimensional
with a Planned Unit development standard.
(PUD) overlay.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval from the Planning and Zoning
Commission to expand unit 701:
• Other Amendment. An amendment to a final development plan, found to be consistent
with the approved final development plan by the Community Development Director shall be
subject to final development plan review and approval pursuant to Land Use Code section
26.445.030 (C) steps 3. (The Planning and Zoning Commission is the final review authority).
The recorded condominium plat of the Aspen Alps is considered the final development plan as
the project is circa 1960s — 1970s and little documentation is available on the project. After
further consideration, staff has come to the conclusion that the variations requested through this
PUD application can be reviewed via a one step process.
PROJECT SUMMARY:
The Aspen Alps consists of a number of free - standing buildings that contain multi - family
residential units and are a condominium form of ownership. The Aspen Alps provides front desk
services and amenities on site. The development is located in the Lodge (L) zone district with a
PUD overlay on the property. The units are considered multi - family units; however, since they
are located in the L zone district they are permitted but not required to be short term rented. The
use of the property: multi - family residential is important to note as there are certain zone district
standards that affect the proposal. Specifically, there is a cap on unit size for multi - family
residential units of 1,500 sq.ft. of net livable area with the potential of adding 500 sq. ft (for a
cap of 2,000 sq. ft.) with the landing of a Transferable Development Right (TDR).
Within Building 700, the owner of unit 701 (a three bedroom unit) would like to purchase space
A/unit 711 (a one bedroom unit) and merge the two units into one larger unit. Unit 701 contains
The status of space A /unit 711 is rather unique. Condominiums are generally divided into Units, Limited
Common Elements (LCE), and General Common Elements (GCE). Units tend to be the physical unit that
an individual purchaser owns, while a LCE is a common element that limits the use of the subject element
to an individual unit owner (for example a back yard), whereas a GCE is a common element that is
general in nature and used by the homeowners association (HOA).
Typically, a residential dwelling is identified on a plat as a unit. Although space A /unit 711 is configured
as a one bedroom dwelling unit, it is shown on the condominium plat as a GCE on the condominium plat
and owned by the HOA; however, space A /unit 711 is also encumbered with a "perpetual exclusive
easement" for use of the space by the original condominium declarant (as well as heirs). So, although
owned by the HOA, space A /unit 711 is exclusively used by the heirs of the original developer of the
Aspen Alps. Information confirming that the dwelling unit was built as part of the original development
of the building in the 1970s has been submitted and staff believes this arrangement might have been
created as part of the condominiumization of the building to avoid the payment of HOA dues.
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approximately 2,250 sq. ft. which exceeds the maximum size cap permitted. Space A/unit 711 is
approximately 612 sq. ft.. If the units are merged, the total square footage will equal
approximately 2,862 sq. ft. To permit a unit of this size, a variation through the PUD to the
maximum multi - family residential dwelling unit size needs to be approved.
Aspen Alps is considered multi - family residential. As such the merging of two units is subject to
Section 26.470.070 (5), Demolition or redevelopment of multi - family housing, which requires
affordable housing mitigation when multi - family units are demolished or combined unless the
units meet an exemption from the requirements. Both units meet one of the listed exemptions.
STAFF COMMENTS:
A Planned Unit Development is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of the land and promotes
objectives outlined in the LUC and goals of the AACP by allowing the variation of the
underlying zone district's dimensional requirements. The parcel currently exists with a PUD
overlay, however, based upon the new development proposal the PUD must be amended and
dimensional requirements established to permit the merging of the two units.
Maximum Multi- family Residential Dwelling Unit Size. As noted previously, the Applicant
seeks to increase the size of unit 701 from 2,250 sq. ft to 2,862 sq. ft. The current maximum cap
in unit size for a multifamily residential unit is 2,000 sq. ft. with the landing of a Transferable
Development Right. As the existing unit is over the allowable unit size, the only way to permit a
residential dwelling that is larger than what is permitted by the underlying zoning is to amend the
dimensional standards for the PUD, specifically amending the maximum multi - family residential
dwelling unit size.
To accommodate the request, a maximum unit size cap of 3,000 sq. ft. of net livable space
should be considered. This cap would be subject only to the 700 building of the. Aspen Alps so
any unit within the building could potentially become a 3,000 sq. ft. unit in the future.
Staff Comment: Under section 26.710.190, the Purpose clause of the Lodge zone district states
that:
The purpose of the Lodge (L) Zone District is to encourage construction, renovation and
operation of lodges, tourist - oriented multi family buildings, high occupancy timeshare facilities
and ancillary uses compatible with lodging to support and enhance the City's resort economy.
Free - market residential units within this Zone District shall be permitted, but not required, to be
used as short -term tourist accommodations. The City encourages high- occupancy lodging
development in this zone district. Therefore, certain dimensional incentives are provided in this
zone district, as well as other development incentives in Chapter 26.470, Growth Management
Quota System (GMQS)."
In 2007 City Council capped the size of residential units within the Lodge and other zone
districts throughout the city. This was, in part, to encourage higher densities and the potential to
have more lights on in the core of the city. Part of the Philosophy under Economic Sustainability
of the Aspen Area Community Plan is "Essential to long -term viability is the unique, varied, high
quality, and welcoming experience Aspen offers to both residents and a diverse visitor
population. They demand a lively, small -scale downtown with diverse and unique shops and
varied choices of accommodations, including small lodges" (Philosophy, pg 31),
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RECOMMENDATION:
Based upon the dimensional standards of the zone district, staff does not recommend approval of
the request to merge the two units and further exceed the maximum unit size cap for multi - family
residential dwelling units in the Lodge zone district. A larger unit may diversify the city's
offerings with regard to potential accommodations; however, a lodging inventory showed that
there are plenty of larger units available in the city's inventory. Staff believes that the goal of the
city is to provide smaller units that may potentially be rented and provide a higher density of
units within the city's core.
If the Commission determines that merging of the two units is appropriate, staff recommends
that the Commission require the purchase of Transferable Development Rights to exceed the
current cap.
PROPOSED MOTION: "I move to recommend City Council denial of the request."
ALTERNATIVE MOTION: "I move to recommend City Council approve the PUD
Amendment with a requirement that the applicant extinguish TDRs to exceed the unit size cap."
ATTACHMENTS:
EXHIBIT A - Review Criteria
EXHIBIT B — Application
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RESOLUTION NO.
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A PUD AMENDMENT FOR THE ASPEN ALPS SOUTH
CONDOMINIUM COMMONLY KNOWN AS THE 700 BUILDING OF THE.ASPEN
ALPS, 700 UTE AVENUE, CITY OF ASPEN, COLORADO.
PARCEL ID: 273718269004 and 273718269010
WHEREAS, the Community Development Department received an application from
1 Alan Richman Planning Services on behalf of the owner, Dov Seidman Living Trust, of -Unit
701, Aspen Alps South also known as 700 Ute Avenue, Unit 701 with consent to apply granted
by the owner of Space A, the Aspen Alps South homeowners association and the owner of the
right to use Space A, Ms. Marianne Martin; and,
WHEREAS, the requested amendment is to permit the merging of two units within the
700 building of the Aspen Alps; and,
WHEREAS, the merging of the two units will allow a unit of up to 3,000 sq. ft. of net
livable area for the subject unit (unit 701 of Aspen Alps South)and for any unit within the 700
building; and,
WHEREAS, during a duly noticed public hearing on October , 2010, upon review
and consideration of the recommendation of the Community Development Department,
presentation from the applicant, public testimony, and discussion and consideration of the
proposal, the Planning and Zoning Commission approved the review, by a to (- -to - -)
vote, with the allowances and limitations as outlined in this resolution.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Approvals Granted
The Planning and Zoning Commission recommends approval of the following land use review
with the following conditions:
1 A. Planned Unit Development — Other Amendment. The Planning and Zoning Commission
approves the following variation of a dimensional standard from the Lodge zone district solely
for Unit 701 of Aspen Alps South (the 700 building). The specific variation is from section
26.710.190 (D)(12), Maximum Multi- Family Residential Dwelling Unit Size and shall permit
unit 701 to be combined with Space A (AKA Unit 711) to create a combined unit containing
approximately 2,900 square feet of net livable area. However, this increase in unit size from the
existing size may only' be permitted by the purchase and extinguishment of one Historic
Transferable Development Right Certificate.
P &Z Resolution No. , Series of 2010
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3,000 sq. ft.
Section 2: Building Permit
A building permit application shall meet all adopted standards of the city. Additionally, a copy of
this resolution shall be submitted with the application.
Section 3: Vested Rights
This approval shall be valid for a three -year period of statutory vested rights, as more precisely
deemed in the Development Order issued by the Community Development Department.
Section 4:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 5:
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 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
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.
1 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of
October , 2010.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Jim True, Special Counsel Stan Gibbs, Chairman
P &Z Resolution No. , Series of 2010
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ATTEST:
Jackie Lothian, Deputy City
P &Z Resolution No. , Series of 2010
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EXHIBIT A
Chapter 26.445, PLANNED UNIT DEVELOPMENT
Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD.
A development application for conceptual, final, consolidated, conceptual and final or
minor PUD shall comply with the following standards and requirements. Due to the
limited issues associated with conceptual reviews and properties eligible for minor PUD
review, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application and its conformity
to the standards and procedures of this Chapter and this Title.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding: Part of the Philosophy under Economic Sustainability of the Aspen Area
Community Plan is "Essential to long -term viability is the unique, varied, high quality,
and welcoming experience Aspen offers to both residents and a diverse visitor
population. They demand a lively, small -scale downtown with diverse and unique shops
and varied choices of accommodations, including small lodges" (Philosophy, pg 31).
Stafffinds that the AACP does not directly address lodging.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040, above.
The dimensional requirements of the underlying zone district shall be used as a guide in
determining the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and existing
development patterns shall be emphasized.
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
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a. The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b. Natural or man -made hazards.
c. Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
d. Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding: The dimensional standards are set via the PUD and the request does
not affect the overall dimensions: height, floor area etc. of the PUD but would
affect density and maximum unit size of the PUD. The above referenced influences
do not impact the proposal. Staff finds this standard not applicable.
2. The proposed dimensional requirements permit a scale, massing, and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
Staff Finding: The PUD request does not affect open space and site coverage. Staff
finds this standard not applicable.
3. The appropriate number of off - street parking spaces shall be established based on
the following considerations:
a. The probable number of cars used by those using the proposed
development including any non - residential land uses.
b. The varying time periods of use, whenever joint use of common parking is
proposed.
c. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding: The PUD request does not affect parking on -site. Staff finds this
standard not applicable.
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4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a. There is not sufficient water pressure, drainage capabilities or other
utilities to service the proposed development.
b. There are not adequate roads to ensure fire protection, snow removal and
road maintenance to the proposed development.
Staff Finding: Sufficient infrastructure exists to service the development with its
current density. Stafffinds that this standard is not met.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
a. The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water
pollution.
c. The proposed development will have a pernicious effect on air quality in
the surrounding area and the City.
d. The design and location of any proposed structure, road, driveway or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
Staff Finding: The density already exists as the project is developed and natural
hazards are not present that would provide a basis for a reduction in density. Staff
finds that this standard is not met.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints.
a. The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b. The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
Subparagraphs 4 and 5, above, those areas can be avoided or those
characteristics mitigated.
c. The increase in maximum density results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Notes:
a. Lot sizes for individual lots within a PUD may be established at a higher
or lower rate than specified in the underlying Zone District as long as, on
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average, the entire PUD conforms to the maximum density provisions of
the respective Zone District or as otherwise established as the maximum
allowable density pursuant to a final PUD Development Plan.
b. The approved dimensional requirements for all lots within the PUD are
required to be reflected in the final PUD development plans.
Staff Finding: The applicant is proposing reduce the density on the site. Stafffinds
this standard not applicable.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
7. For non - residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
Staff Finding: As noted earlier, the application request interior changes to a building
and does not affect public spaces, manmade and natural features, etc. Stafffinds this
standard not applicable.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with the
visual character of the city, with surrounding parcels, and with existing and proposed
features of the subject property. The proposed development shall comply with the
following:
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1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide uniqueness
and interest in the landscape, are preserved or enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding: This standard is not applicable as landscaping is not affected by this
application.
E. Architectural Character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a character
suitable for and indicative of the intended use and respect the scale and massing
of nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of non -
or less- intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding: This standard is not applicable as the existing architectural character is
not affected by this application.
F. Lighting.
1. The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concems.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the. final PUD documents. Up- lighting of
site features, buildings, landscape elements and lighting to call inordinate
attention to the property is prohibited for residential development.
Staff Finding: This standard is not applicable as the existing lighting is not affected
by this application.
G. Common Park, Open Space, or Recreation Area.
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If the proposed development includes a common park, open space, or recreation area for
the mutual benefit of all development in the proposed PUD, the following criteria shall be
met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial, or
industrial development.
Staff Finding: This standard is not applicable as the existing undeveloped land is not
affected by this application.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated with
the development shall comply with the following:
I. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by
the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding: The Applicant is proposing to enlarge and existing unit; utilities are
not affected.
I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed access
and circulation of the development shall meet the following criteria:
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1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian way,
or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking arrangement do
not create traffic congestion on the roads surrounding the proposed development,
or such surrounding roads are proposed to be improved to accommodate the
development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public trail
easements and are proposed for appropriate improvements and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and transportation
are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
Staff Finding: As a proposal to merge units, circulation and access are not affected.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is
proposed, each phase shall be defined in the adopted final PUD development plan.
Staff Finding: This standard is not applicable to the review of the request.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Jennifer Phelan, Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Proposed Amendments to the Historic Preservation Ordinance
DATE: October 19, 2010
APPLICANT: SUMMARY:
The City of Aspen Community City Council adopted Ordinance #48, Series of 2007,
Development Department nearly three years ago. The purpose of the ordinance
was to identify postwar era properties in Aspen that
may be considered "Potential Historic Resources" and
to create a system to encourage their preservation.
,,.
ji Ordinance #48 was intended to be replaced or
s!' improved upon. Council appointed the Historic
Preservation Task Force to examine alternatives and
make policy recommendations. Their work was
completed in October 2009. Council has directed staff
�•a Ai , 1 . to bring forward code amendments proposing a long
term approach for postwar preservation by the end of
this year.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning
HISTORIC Commission recommend Council approval of the
attached code amendments.
PRESERVATION
BACKGROUND: Over the last year, staff has met with Council to receive direction and
' feedback on the development of two new historic context papers. The context papers, completed
this month, were commissioned in order to gather additional research and documentation of
Aspen's 20` century development history.
During the course of the summer, the City also hosted a program called AspenModern at the
invitation of the National Trust for Historic Preservation. This program involved public outreach
aspenmo dernmemopz. do c
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and input, and provided the City with additional professional guidance and mentorship from an
organization that is working around the country to encourage communities to address their
postwar heritage.
In August 2010, staff presented Council with a proposed action plan for a new preservation
ordinance. Council directed staff to bring an ordinance to public hearing by the end of this year.
Council also indicated that, given numerous concepts for how the ordinance might be structured
relative to postwar properties, their strong preference is that designations be voluntary only.
Attached in the form of a draft P &Z resolution are proposed amendments to the existing historic
preservation regulations. Staff has highlighted particular areas where new concepts have been
introduced that P &Z may want to discuss.
Given the direction to retain a voluntary system, staff proposes the essence of the Ordinance #48
negotiation process remain in place for postwar properties, now termed AspenModern. No
changes are proposed for existing designated 19` century properties, now termed Aspen
Victorian.
An attempt has been made to clarify or better the AspenModern process. Many ideas from the
Historic Preservation Task Force have been incorporated.
Some of the Task Force's policy ideas are important, but not appropriate for inclusion in the
ordinance. For instance, the Task Force recommended that the City initiate designation review
for its own properties in the short term. The Task Force recommended more incentives for
property owners that do not have current development plans. Many of these ideas require
funding sources that don't exist at this time, however the concepts, such as fee waivers, grants
for energy efficiency improvements, and big picture ideas like revolving funds and purchase of
life estates should not be forgotten.
HPC reviewed the proposed ordinance on October 13 and provided comments that have been
incorporated into the draft.
The Standards of Review for amendments to the Land Use Code are addressed in Exhibit A.
REQUEST OF THE P & Z: The Planning and Zoning Commission is asked to make a
recommendation to City Council regarding the proposed code amendments in the attached draft
resolution. City Council will hold First Reading on November 8` and a public hearing on
November 22
STAFF RECOMMENDATION: Staff finds that the proposed amendments are consistent with the
AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission
recommend approval.
ATTACHMENTS:
Resolution # , Series of 2010
Exhibit A — Section 26.310.040 Standards of Review
Exhibit B — Proposed amendments to Chapters 26.415, 26.420, and 26.530 of the Municipal
Code
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Exhibit A
Sec. 26.310.040. Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the Official Zone
District Map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Response: The amendment is not in conflict with other areas of the Municipal Code.
Aspen adopted historic preservation regulations almost 40 years ago and the identification and
preservation of postwar era properties has been on -going for over 20 years. The proposed
amendments are revisions to an existing voluntary system that requires detrimental alterations to
potential historic resources to be temporary delayed while the City and property owner discuss
alternatives.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Response: The AACP specifically addresses historic preservation and the importance of
protecting "all buildings and sites of historic significance," representing not only the Victorian
era, but Aspen's ski history and mid - century renaissance as well.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Response: Aspen has never had a minimum age requirement for designation. The
opportunity for postwar era properties to be designated, at least voluntarily, has been in place for
years, therefore staff does not perceive the code amendments as having any new, unanticipated
impact on the community.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Response: n/a.
• E. Whether and the extent to which the proposed amendment would result in demands
on public facilities and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities including, but not limited to,
transportation facilities, sewage facilities, water supply, parks, drainage, schools
and emergency medical facilities.
Staff Response: n/a.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Response: A well used quote within the preservation field is that "The greenest building is
the one that already exists." Staff believes that impacts on the natural environment are generally
reduced by historic preservation efforts.
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G. Whether the proposed amendment is consistent' and compatible with the community
character in the City.
Staff Response: This code amendment is intended to ensure stability in Aspen's neighborhoods
and community characteristics by preserving past development patterns where appropriate.
FL Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Response: n/a.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is ih harmony with the purpose and intent of this Title.
Staff Response: Staff believes the extensive public process on this topic has been as
comprehensive as possible. Staff is proposing amendments to the Land Use Code that are
intended to reflect a broad range of input. While the proposed amendments may not please all
parties, staff believes they represent the many opinions and creative ideas that have been
generated during a difficult period that has been termed by some as "purgatory," and are a
responsible way to conclude the debate.
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Resolution No. _
(SERIES OF 2010)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS
TO THE FOLLOWING CHAPTERS OF THE CITY OF ASPEN MUNICIPAL CODE:
SECTION 26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, SECTION 26.420,
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES AND SECTION 26.535,
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
WHEREAS, the Community Development Department, at the direction of City Council,
prepared amendments to Chapters 26.415, 26.420, and 26.535 of the Aspen Municipal code,
pertaining to historic preservation; 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 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, the proposed amendments were presented to the Aspen Historic Preservation
Commission (HPC) on October 13, 2010 for referral comments to be considered by the
Planning and Zoning Commission and Aspen City Council; and
WHEREAS, the Planning Director of the Community Development Department recommends
adoption of the following amendments to the Land Use Code; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
• Text being removed is bold brown and strikethrough.
'ate
• Text being added is bold orange and underlined. Text beine added looks like
this.
• Text w hich is relocated is hold green and underlined. Text being relocated
looks like this.
• Text which is not shown in color is not affected.
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WHEREAS, the Planning and Zoning Commission held a public hearing to consider
the proposed amendments to the above noted Chapters and Sections on October 19, 2010, took
and considered public testimony and the recommendations of the Community Development
Director and Historic Preservation Commission and recommended, by a _ to _ vote, City •
Council adopt the proposed amendments to the land use code by amending the text of the
above note Chapters and Sections 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:
Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development in an "H," Historic Overlay District, which section describes the
process and criteria through which the city designates properties of historical, architectural,
archaeological, engineering and cultural importance, is hereby amended to read as follows:
Chapter 26.415 • _ • _ ..
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT
HISTORIC PRESERVATION
Sections:
26.415.010 Purpose and intent
26.415.020 Definitions
26.415.025 Potcn tipl istc „c Rcsou,ees Identification of historic properties
26.415.030 Designation of historic properties
26.415.040 Recordation of designation
26.415.050 Rescinding designation
26.415.060 Effect of designation
26.415.070 Development involving designated historic properties
26.415.080 Demolition of designated properties
26.415.090 Relocation of designated historic properties
26.415.100 Demolition by neglect
26.415.110 Benefits
26.415.120 Appeals, Council notice and call up
26.415.130 Variances by other City review bodies
26.415.140 Penalties
26.415.010. Purpose and intent.
The purpose of this Chapter is to promote the public health, safety and welfare through the
protection, enhancement and preservation of those properties, areas and sites, which represent
the distinctive elements of Aspen's cultural, educational, social, economic, political and
architectural history. Under the authority provided by the Home Rule Charter of the City and
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Section 29- 20- 104(c), C.R.S., to regulate land use and preserve areas of historical, architectural,
archaeological, engineering and cultural importance, this Chapter sets forth the procedures to:
A. Recognize, protect and promote the retention and continued utility of the historic
buildings and districts in the City;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism and
the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures. (Ord. No.
1 -2002, §7 [part])
The City does not intend by the historic preservation program to preserve every old
buildin, but instead to draw a reasonable balance between private property rights and . - --{ Comment [al]: This language was recommended
l by the Criteria committee of the Task Fora.
the public interest in preserving the City's cultural, historic, and architectural heritage
by ensuring that demolition of buildings and structures important to that heritage shall
be carefully weighed with other alternatives and that alterations to such buildings and
structures and new construction shall respect the character of each such setting, not by
imitating surrounding structures, but by being compatible with them as defined in
historic preservation guidelines.
26.415.020. Definitions.
The following definitions are specific to the terms as used in this Chapter and in the field of
historic preservation:
Alteration. A change to an existing building, structure or feature that modifies its original
appearance or construction.
Certificate of appropriateness. An official form issued by the City stating that the proposed
work on a designated historic property is compatible with its historic and architectural character
and, therefore, the work may be completed as specified in the certificate and the City may issue
any permits needed to do the work specified in the certificate.
Certificate of demolition approval. An official form issued by the City authorizing the issuance
of a demolition permit for a designated historic property or for a building or structure located in a
designated historic district.
Certificate of economic hardship. An official form issued by the City, in connection with a
certificate of demolition approval, that allows the demolition of a designated historic property as
the owner has demonstrated that maintaining it will impose an economic hardship.
Certificate of no negative effect. An official form issued by the City stating that the proposed
work will have no detrimental effect on the character- defining features of a designated property
and, therefore, the work may proceed as specified in the certificate without obtaining further
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approvals under this Chapter and the City may issue any permits needed to do the work in the
specified certificate.
Contributing resource. A building, site, structure or object that adds to the historic associations,
historic architectural qualities or archaeological values for which a property or district is
considered significant.
Designated property. A property listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
Historic District A collection, concentration, linkage or continuity of buildings, structures, sites
or objects united historically or aesthetically by plan or physical development.
Historic context paper. Research pa pers that define Aspen's architectural and cultural
patterns in the context of local and national history.
Integrity. The ability of a property to convey its significance relative to the aspects of location,
setting, design, materials, workmanship and association.
Mapped property. A property which is identified on the AspenModern map that is adopted
by City Council.
Monitoring committee. A subcommittee appointed by the Historic Preservation Commission of
up to two (2) Commission members and the Historic Preservation Officer to provide oversight in
the implementation of rehabilitation.
Noncontributing resource. A building, structure, site or object that does not add to the historic
architectural qualities or historic associations for which a property or district is significant
because it was not present during the period of significance or does not relate to the documented
significance; or due to alterations, additions, disturbances or other changes, it no longer
possesses historic integrity.
Object. A term used to distinguish buildings and structures from those constructions that are
primarily artistic in nature or small in scale and simply constructed. It may be by nature or
design movable, but it is associated with a specific setting and environment.
Rehabilitation. Making a building or structure sound and usable without attempting to restore it
to a particular period appearance, while retaining the character - defining features.
Relocation. Moving a building or structure from its original, historically significant or existing
location to another location.
Repair. To restore to a sound or good state after decay, dilapidation or partial destruction.
Restore. The repair or recreation of the original architectural elements or features of an historic
property so that it resembles an appearance it had at some previous point in time.
Significance. The documented importance of a property for its contribution to or representation
of broad patterns of national, regional or local history, architecture, engineering, archaeology and
culture.
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Site. The location of a significant event, a prehistoric or historic occupation or activity or a
building or structure, whether standing, ruined or vanished, where the location itself possesses
historic, cultural or archaeological value regardless of the value of any existing structure.
Structure. A term used to distinguish from buildings those functional constructions made for
purposes other than creating human shelter. (Ord. 1 -2002, §7 [part])
26.415.025 Petential--Historie-Resetwees Identification of historic properties
A. The Community Development Director shall conduct or cause to be conducted such
preliminary surveys, studies or investigations as deemed necessary or advisable to
adequately inform City Council and the Historic Preservation Commission of those
properties located within the City which represent Aspen's 19' and 20 century history.
The Community Development Director shall memorialize the results of surveys, studies
and investigations in a series of historic inventory forms, maps and historic context papers
which shall be available to the public. These resources may be referenced by the Historic
Preservation Commission and City Council when reviewing applications for designation.
IBS Properties associated with Aspen's 19 century history shall be called Aspen Victorian. Comment[a 2]: The Task Force recommended no
changes to the treatment of Victorian era resources
The City of Aspen has comprehensively identified the remaining examples of Victorian era
properties in Aspen since the 1970s and nearly all have been designated by ordinance to the
Aspen Inventory of Historic Landmark Sites and Structures and are subject to the terms of
this Chapter. Any additional 19 century properties which are identified in the future may
be designated if they meet the criteria of Section 26.415.030.B.1.
C. Properties associated with Aspen's 20 century history shall be called AspenModern. Comment [a3]: The term AspenModern defines
the collection of 20 century properties, which will
The City of Aspen has conducted surveys to identify potential historic resources of the be subject to some distinctions from the Victorian
postwar era since the 1990s. 'Designation to the Aspen Inventory of Historic Landmark era properties.
Sites and Structures as an example of AspenModern is voluntary' only, at the discretion of comment (aa]: The determination astowhich
properties, if any, will be specifically identified on
the property owner, if the property meets the criteria of Section 26.415.030.0.1. In an effort the As penM ad em map requires Council direction.
to proactively encourage designation where appropriate, the City shall identify 20 century comment [a5]: city council has directed that
properties that preliminarily appear to meet the designation critiera of Section designations of AspenModern properties will be
26.415.030.C.1. on the official AspenModern map that is maintained by the Community voluntary only.
Development Department and which has been adopted by City Council. No properties
shall be added to the AspenModern map unless recommended by the Historic Preservation
Commission and approved by City Council as part of the adoption of a new historic context
paper, or amendment to an existing historic context paper, which may only occur every
10th year, starting in 2010. r comment (a6]: This isacommitmenttothe
community that the program is intended to be in
place, without substantive modifications, for at least
Mapped properties shalt be subject to a degree of protection in advance of designation, and to years.
-
'are' eligible for certain preservation benefits without designation. Mapped properties may - - - Comment [an The concept that propeniescould
be awarded preservation incentives above and beyond those identified at Section receive some benefits without formal designation is a
new one, intended to build a long -term relationship
26.415.110 as Ifollowsl. with property owners and achieve some degree of
+ on -going preservation.
Comment [a8]: The existing system which has
1. Ninety Day Negotiation Period. In the case that the owner of a mapped property been in place for 3 years has allowed Council to
submits a land use application or building permit proposing work that the Community negotiate a package of benefits that are best suited to
t
Development Director determines meets the definition of Major Development, (the preservation of a given property. •
Demolition or Relocation, as addressed in this Chapter, the land use application or
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building permit shall be placed on a temporary ninety -day hold. Work undertaken in
conformance with the International Building Code provisions for emergency repairs,
assuming that the repair matches the surrounding exterior materials and character to
the extent practicable, shall be exernpt from this Section. A property owner may also
enter into the ninety -day negotiation period by submitting a voluntary application for
designation to the Aspen Inventory of Historic Landmark Sites and Structures.
Only complete Land Use applications or building permits, as determined by the
Community Development Director, shall be accepted. Nothing herein shall prevent the
City from reviewing the land use application or building permit during the ninety -day
negotiation period.
A letter from the • property owner indicating an understanding of this ninety -day
negotiation period shall accompany the land use application or building permit. The
ninety -day negotiation period may be extended an additional thirty (30) days upon a
resolution adopted by a majority of the Council.
Within the ninety-day negotiation period, the following shall occur:
a. The Community Development Director shall offer to meet with the property owner
to discuss the City's Historic Preservation Program and development and other
benefits that the property may be eligible to receive upon designation as a Historic
Landmark.
b. The Community Development Director shall confer with the Ilistoric Preservation
Commission, during a public meeting, regarding the proposed land use application
or building permit and the nature of the property. The property owner shall be
provided notice of this meeting with the Historic Preservation Commission.
Thei Historic Preservation Commission shall provide Council with an assessment of comment (a91: currently there are no spec;rc
the property's conformance with the designation critiera of Section 26.415.030.C.1. standards for determining the appropriateness of
negotiated benefits. This language is intended to
When any benefits that are not included in Section 26.415.110 are requested by the provide a framework.
property owner, IIPC shall evaluate how the designation, and any development that
is concurrently proposed, meets the policy objectives for the historic preservation
program, as stated at Section 26.415.010, Purpose and Intent.
c. The Community Development Director shall confer with the City Council regarding
the proposed land use application or building permit, the nature of the property,
and the staff and Historic Preservation Commission's assessment of its historic
significance and the effects of the application or building permit. The property
owner shall be provided notice of this meeting with the City Council.
d. The City Council may negotiate directly with the property owner or may choose to
direct the Community Development Director, or other City staff as necessary, to
negotiate with the property owner to reach a mutually acceptable agreement for the
preservation of the property. The City Council may choose to provide this direction
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in Executive Session, pursuant to State Statute. As part of the mutually acceptable
agreement, the City Council may, at its sole discretion, approve any land use
entitlement or fee waiver permitted by the Municipal Code. Properties which HPC
has recommended have the highest level of significance relative to the designation
criteria, and proposals that address multiple policy objectives as stated at Section
26.415,010, Purpose and Intent of the preservation program have a greater
•
Likelihood of being awarded additional benefits.
When benefits are awarded as part of the negotiation, Council shall require that the
property be designated as a Historic Landmark, pursuant to the standards and
limitations of Section 26.415.030, Designation of Historic Properties. As part of the
mutually acceptable agreement. the City Council may choose to require the affected
land use application or building permit be withdrawn by the property owner.
e. If, upon the passage of 90 days or any extension thereof, the City and the property
owner have failed to reach a mutually acceptable agreement, affected land use
applications shall be reviewed and shall be issued a Development Order upon
compliance with all applicable provisions of the City of Aspen Land Use Code.
Affected building permits shall be reviewed and shall be issued upon compliance
with all applicable building codes. The City Council, at its sole discretion, may
choose to terminate negotiations at any time and allow the land use application or
building permit to be reviewed.
2. Voluntary review. Owners of mapped properties who voluntarily comply with the
provisions of this chapter may proceed with approved work without making application
m me nt
for designation. The Community Development Director shall consider waiver or [ a10 ] : Items 2 and 3 are the benefits
that may be awarded to an AspenModern property,
reduction of permit fees for the subject work. If this is not achievable within the City even if it is not designated.
budget, the Community Development Director shall ensure that the land use
application and building permit review proceed ahead of all other applications except
those associated with affordable housing and Essential Public Facilities.
3. Transferable Development Rights. Properties which are included on the AspenModern
map are eligible to create and sell transferable development rights according to the
provisions of Chapter 26.535 of this Code, even if they are not designated on the Aspen
Inventory of Historic Landmark Sites and Structures.
4. Removal from map. If, in the opinion of the Community Development Director after
completion of a building permit issued pursuant to this Section, the mapped property
has been demolished or so altered that it would no longer meet the critieria for
designation to the Aspen Inventory of Historic Sites and Structures, the Community
Development Director shall remove the property from the AspenModern map and it
shall no longer be subject to the terms of this chapter.
lOwners{of mapped properties may also appeal to the Historic Commission Comment [all]: There has been no process for
owners of properties listed on Ordinance #48 to
to be removed from the AspenModern map. Said property shall be removed if the demonstrate that their property does not meet the
Historic Preservation Commission, at a public hearing, determines that the designation designation criteria An appeal process is proposed
to be put in place.
criteria found at Section 26.415.030.C.2 are not met. A finding that the criteria are met
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1
shall not cause the property to be designated, however it shall remain mapped. The
determination of the Historic Preservation Commission may be appealed to City
Council according to Section 26.316. If an application for removal from the map is
denied, an application cannot be filed again for a period of two (2) years from the date
of the denial by the HPC or City Council. The time limitation of this Subsection may be
waived by a majority vote of the City Council when such action is deemed necessary to
prevent injustice or to facilitate the proper development of the City. If the primary
structure(s) on any property identified on the AspenModern map have been destroyed
by an act of God or are otherwise declared unsafe and ordered demolished by the Chief
Building Official, the property shall be removed from the map.
5. (Penalties'. Any owner who takes action to alter or demolish a property identified on the - - -{ Comment (a121: These same penalties exist in
the
AspenModern map, including purposeful removal, change or damage to any exterior I lan dm i0 "taystem, and apply to all existing
landrrvela.
materials, features, portions of a building, or structural members of a building shall be
subject to the penalties established 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.
In addition, properties on the AspenModern map are required to receive reasonable
care, maintenance and upkeep as described in Section 26.415.100, Demolition by
Neglect. Repairs or minimally intrusive work permitted under Section 26.415.025.D or
completed according to a Development Order or Building Permit issued by the
Community Development Department, as may be required, shall not be subject to
penalties. (Ord.48 -2007)
26.415.025 P-atettlial-144sterie-Reseafees -- Comment (a131: The language shown in brown
is the existing regulations that apply to properties
listed on Ordinance #48.
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. ..
R esources
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26.415.030. Designation of historic properties.
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The designation of properties to an official list, that is known as the Aspen Inventory of Historic
Landmark Sites and Structures which is maintained by the City, is intended to provide a
systematic public process to determine what buildings, areas and features of the historic built
environment are of value to the community. Designation provides a means of deciding and
communicating, in advance of specific issues or conflicts, what properties are in the public
interest to protect.
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 and objects located in Aspen that
have special significance to the United States, Colorado or Aspen history, architecture,
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 OR the Aspen Inventory of Ilistoric Landmark Sites
properties shall be evaluated aceording to the following criteria. When designating an historic
I. A property or district is deemed significant for its antiquity, in that it is:
a. In whole or in pmt more than one hundred (100) years old, and
b. It possesses an appropriate degree of integrity of location, setting, design, materials,
workmanship and association. given its age; or
2. A property or district is deemed significant as a representation of Aspen's 20th century
history. was constructed in whole or in part more than thirty (30) wars prior to the year in
ichich the application for designation is being made, possesses sufficient integrity of
location. setting. design, materials, workmanship and association and is related to one (1)
or more of the following:
event, pattern or trend that has made a significant contribution to local. state.
regional or national history, or
deemed important and the specific contribution is identified and documented, or
method of construction or represents the technical or aesthetic achievements of a
recognized designer, craftsman or design philosophy that is deemed important.
application for designation is being made may he considered under subsection 2 above. if
the application has been filed by the owner of .. - • - - - _
when dcsitnating an historic district. the majority of the contributing resources in the
district meet the thirty (JO) y ar age criterion described above.
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earliest building permit for the subject structure four. ' .. - -
shall he as,tlnl . .. • • • • • • .. ... thilIH39) )ors old:
inventory.
Preservation Commission (I - ' . • nay the an application fb natien-e-f -a
- • - - Inventory of Historic Landmarkk. S tee Tern
•
include the followings
2. Site or historic district boundary map.
3. Properly or district description. including narrative text. photographs andlor other graphic
materials that document its physical cha, , istics
•
be preserved.
B. Aspen Victorian
111. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark _ Comment (a14]: This is the existing cnLerla
designation of properties that are at least 100 years
Sites and Structures as an example of Aspen Victorian, an individual building, site o ld
structure or object or a collection of buildings, sites, structures or objects must have a
demonstrated quality of significance. The significance of properties shall 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 described below:
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the l9 century, and
b. The property or district possesses an appropriate degree of integrity of location,
setting, design, materials, workmanship and association, given its age. The City
Council shall adopt and make available to the public score sheets and other devices
which shall be used by the Council and Historic Preservation Commission to apply
this criterion.
2. 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 an Aspen Victorian 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:
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1. The applicable information required in subsections 26.304.030.B.1., 2., 3. and 4.
2. Site or historic district boundary map.
3. Property or district description, including narrative text, photographs and /or other
graphic materials that document its physical characteristics.
4. Written description of how the property meets the criteria for designation.
C. AspenModern
1. Criterial. To be eligible for designation on the Aspen Inventory of Historic Landmark - {Comment(a151: Thectiteriainthissectianwas
Sites and Structures as an example of AspenModern, an individual building, site Il by the Criteria committee oftn`ra>i`
structure or object or a collection of buildings, sites, structures or objects must have a
demonstrated quality of significance. The significance of properties shall be evaluated
according to the following criteria. When designating an historic district, the majority
of the contributing resources in the district must meet at least kwd of the criteria a -d, --- Comment (a161: Conway only one designation
and criterion e described below:
criterion must be met
a. The property is related to an event, pattern, or trend that has made a contribution
to local, state, regional or national history that is deemed important, and the specific
event, pattern or trend is identified and documented in an adopted context paper; or
b. The property is related to people who have made a contribution to local, state,
regional or national history that is deemed important, and the specific people are
identified and documented in an adopted context paper; or
c. The property represents 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 and the specific physical design, designer, or
philosophy is documented in an adopted context paper; or
d. ffhc property possesses such singular significance to the City, as documented by the Comment (a171: Thia'wildcard "citaiawas
opinions of persons educated or experienced in the fields of history, architecture proposed toaddress properties with significance thu
was unforeseen aid not addressed in a historic
landscape architecture, archaeology or a related field, that the property's potential context paper .
demolition or major alteration would substantially diminish the character and sense
of place in the city as perceived by members of the community, and
e. fThe) property or district possesses an appropriate degree of integrity of location, _. ;Comment rain Integrity is determined using
the AspenModern setting, design, materials, workmanship and association, given its age. The City ainsthathtai loredtoeach
arrchch iteccturaturall style in t the AspenModern program.
Council shall adopt and make available to the public score sheets and other devices
which shall be used by the Council and Historic Preservation Commission to apply
this criterion.
2. Application. Only the ,hropert 1 owner(s) may file an application for designation of an -- -(Comment (a191:voIuntaryonly.
AspenModern 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:
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1. The applicable information required in subsections 26.304.030.13.1., 2., 3. and 4.
•
2. Site or historic district boundary map.
3. Property or district description, including narrative text. photographs and/or other
graphic materials that document its physical characteristics.
4. Written description of how the property meets the criteria for designation.
5. Written description of historic preservation benefits which the property owner
requests be awarded at the time of designation and relationship to Section
26.415.010, Purpose and Intent of the historic preservation program.
D. Review, public hearings and notice.
1. .. - ... .... • • • . ' : , • _ - • _ Comment Ia201: This language remains from the
pre -Ordinance #48 approach to postwar properties.
•
�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 if
the application is complete. For applications filed with sufficient information, a report
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 approve or
disapprove and the reasons for the recommendation.
372.A date for a public hearing on a complete application will be scheduled before the HPC.
Notice of the hearing shall be provided according to the provisions of Subsections
26.304.060.E.3.a., b. and c., except 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 be taken.
4:3.The HPC shall evaluate the application to determine if the property or district 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 HPC may recommend approval, disapproval or
continuance of the application to request additional information necessary to make a
decision to approve or deny. Their recommendation shall be forwarded to City Council.
5,4.Upon receipt of the decision, report and recommendations of the HPC, the City Council
shall schedule a hearing on the application in accordance with the notice requirements for
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adopting an ordinance. The City Council shall evaluate the application to determine if
the property or district 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 City Council
may approve, disapprove or continue the application to request additional information
necessary to make a decision to approve or deny.
&S.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 of Historic Landmark Sites and Structures for five (5)
years from the date of the City Council disapproval. (Ord. No. 1 -2002, §7 [part]; Ord.
No. 30, 2007, §1)
Com 021]: This language remains from the
pre - Ordinance Nog app roach to postwar properties.
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26.415.040. Recordation of designation.
Upon the effective date of an ordinance by City Council designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real
estate records of the Clerk and Recorder of the County, a certified copy of the ordinance
including a legal description of the property. The location of' properties designated by ordinance
also shall be indicated on the official maps of the City that are maintained by the Community
Development Department. (Ord. No. 1 -2002, §7 [part])
26.415.050. Rescinding designation.
A. Application and review. An application for the removal of a property from the Aspen
Inventory of Historic Landmark Sites and Structures shall follow the same submission
requirements and review procedures as for designation described in this Chapter except that with
respect to Subsection 26.415.030.C.4 an explanation shall be provided describing why the
property no longer meets the criteria for designation. The HPC and City Council shall determine
if sufficient evidence exists that the property no longer meets the criteria for designation and, if
so, shall remove the property from the inventory. A parcel created through an historic Landmark
lot split cannot be de- listed unless there is a finding that the resource which originally caused the
site to be landmarked meets the criteria for removal from the historic inventory.
B. Reapplication. If a request for rescinding designation is denied, an application cannot be
filed again for a period of two (2) years from the date of the denial by the City Council. The
time limitation of this Subsection may be waived by a majority vote of the City Council when
such action is deemed necessary to prevent injustice or to facilitate the proper development of
the City. (Ord. No. 1 -2002, §7 [part]; Ord. No. 43, 2004, §1)
26.415.060. Effect of designation.
A. Approvals required. Any development involving properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures, as an individual building or located in an
historic district, unless determined exempt, requires the approval of a development order and
either a certificate of no negative effect or a certificate of appropriateness before a building
permit or any other work authorization will be issued by the City.
B. Design guidelines.
1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen
Historic Preservation Design Guidelines, in accordance with the procedures for notice
and public hearings set forth in Section 26.304.06(E)(3) Paragraph (a). These guidelines
set forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. The standards apply to the exterior
features and/or notable streetscape and landscape elements of the designated historic
property and/or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
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The guidelines will be periodically reviewed by the HPC and amended at a public
hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on
file with the Community Development Department, will be used in the review of requests
of certificates of no negative effect or certificates of appropriateness. Conformance with
the applicable guidelines and the common development review procedures set forth in
Chapter 26.304 will be necessary for the approval of any proposed work.
C. Special consideration.
1. To preserve and maintain the historic and architectural character of designated properties,
the HPC or City Council may approve variations from the dimensional requirements set
forth in the Land Use Code and may make recommendations to the Chief Building
Official who has the authority to grant certain exceptions from the International Building
Code (UBC) through the provisions of the International Existing Building Code (IEBC).
These modifications may not change the applicable safety and permit requirements and
must also follow the procedures provided for modifications set forth in the IEBC.
2. Designated historic properties are eligible for and have priority to participate in City
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain or enhance their historic and architectural character.
3. All City authorities, including City Council, are authorized to grant economic and
developmental benefits to designated historic properties or grant these benefits
conditional upon the subsequent designation of the property. (Ord. No. 1 -2002, § 7
[part]; Ord. No. 43, 2004, § 2)
26.415.070. Development involving designated historic property.
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. An application for a building permit cannot be
submitted without a development order.
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. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of no negative effect.
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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. 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.B.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:
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 be 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.
e. Mechanical equipment or accessory features that have no impact on the character-
defining features of the building or structure.
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f. Signs which have no effect on the character - defining features of the historic property.
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.
i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or
similar significant features.
5. The 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.
C. 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 such that the cumulative impact does not allow for the issuance
of a certificate of no negative effect or
d. Alterations that are made to nonhistoric portions of a designated historic property that
do not qualify for a certificate of no negative effect or
e. The erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a certificate of no negative
effect.
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The Community Development Director may determine that an application for work
on a designated historic property 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 26.304.030.
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 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.
D. Certificate of appropriateness for major development.
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1. 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 the 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. If a major development project involves additional City Land Use
approvals, the Community Development Director may consolidate or modify the review
process accordingly, pursuant to Subsection 26.304.060.B.
3. Conceptual development plan review.
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 standard 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
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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
projects 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 projects conformance with the City
Historic Preservation Design Guidelines.
(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 conceptual 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. If the applicant chooses to makes substantial
amendments to the conceptual design after it has been approved, a new
conceptual development plan hearing shall be required.
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year 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 a one -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:
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(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.
(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 hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.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.
(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. If the application is approved; the HPC shall issue a certificate
of appropriateness and the Community Development Director 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.
E. Amendments, insubstantial and substantial. There are two processes for amending plans
approved pursuant to a development order and an associated certificate of appropriateness. All
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requests for amendments, insubstantial or substantial, must be in writing and accompanied by
drawing(s) and elevations as specified below.
1. Insubstantial amendments.
a. Insubstantial amendments are minor modifications to HPC approved plans that:
(1) Address circumstances discovered in the course of construction that could not
have been reasonably anticipated during the approval process or
(2) Are necessary for conformance with building safety or accessibility codes and do
not materially change the approved plans or
(3) Approve specific building materials, finishes, design of ornamental trim and other
such detail not provided in the HPC approved plans or
(4) Change the shape, location or material of a building element or feature but
maintains the same quality and approximate appearance of that found in the
approved plans.
b. The Community Development Director may authorize insubstantial amendments to
approved plans.
c. Monitoring committees established by the HPC, composed of up to two (2) members
of the Commission and the Historic Preservation Officer or assign, may also
authorize insubstantial amendments.
d. Decisions of the Community Development Director or monitoring committee are
binding. The Community Development Director or monitoring committee may
determine that the proposed changes qualify as a substantial amendment and remand
the matter to the HPC.
e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC
to be considered in accordance with the procedures for substantial amendments.
f. Approval of insubstantial amendments of plans will be reported to the HPC at their
regularly scheduled meetings.
2. Substantial amendments.
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing or appearance of the building elements as originally
depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the following materials, as
determined appropriate by the Community Development Director:
(1) A revised site plan.
(2) Revised scaled elevations and drawings.
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(3) Representations of building materials and finishes.
(4) Photographs and other exhibits to illustrate the proposed changes.
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration. 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.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b
and c.
e. Staff shall review the submittal material and prepare a report that analyzes the extent
of the changes relative to the approved plans and how the proposed revisions affect
the project's conformance with the design guidelines and other applicable Land Use
Codes. This report will be transmitted to the HPC with relevant information on the
proposed revisions and a recommendation to continue, approve, disapprove or
approve with conditions and the reasons for the recommendation.
f. 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. 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. (Ord. No. 1 -2002, § 7 [part]; Ord. 43, 2004, § 3)
26.415.080. Demolition of designated historic properties.
It is the intent of this Chapter to preserve the historic and architectural resources that have
demonstrated significance to the community. Consequently no demolition of properties
designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
A. Procedures for considering requests for demolition of designated properties.
1. An application for a demolition permit for designated properties will be filed with or
referred to the Community Development Director by the Chief Building Official. The
applicant will be provided a written response within fourteen (14) days of the request for
a demolition permit describing the submittal materials needed for consideration.
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030 and written
documentation that the Chief Building Official has determined the building an
imminent hazard or
b. Narrative text, graphic illustrations or other exhibits that provide evidence that the
building, structure or object is of no historic or architectural value or importance.
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3. When complete application materials are on file, a public hearing before the HPC shall be
scheduled. Notice for the hearing will include publication, mailing and posting pursuant
to Section 26.304.060.E.3 Paragraphs a, b and c. The staff shall review the submittal
material and prepare a staff report that analyzes the request relative to the criteria for
approval.
4. The HPC shall review the application, the staff report and hear evidence presented by the
property owners, parties of interest and members of the general public to determine if the
standards for demolition approval have been met. Demolition shall be approved if it is
demonstrated that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner /applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in Aspen
or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic district in
which it is located and
b. The loss of the building, structure or object would not adversely affect the integrity of
the historic district or its historic, architectural or aesthetic relationship to adjacent
designated properties and
c. Demolition of the structure will be inconsequential to the historic preservation needs
of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to consider the demolition request.
6. If the HPC approves the demolition request then a resolution of the HPC action will be
forwarded to the City Council in accordance with Section 26.415.120 and no demolition
permit will be issued until the thirty (30) day "call up" period by City Council has
expired.
7. If the demolition request is denied because it does not meet the aforementioned standards,
the applicant may request demolition approval based upon a finding of "economic
hardship," as set forth below.
8. Before a demolition permit will be issued, a certificate of appropriateness for the
redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, must be
approved. When a demolition permit must be issued because the building, structure or
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object is an imminent hazard or because of the issuance of a certificate of economic
hardship, the permit may be received prior to the approval of an acceptable reuse plan.
B. Procedures for obtaining a certificate of economic hardship.
1. Purpose: It is the policy of the City to respect private property rights. The City
recognizes, therefore, that there may be some circumstances in which the operation of
this Chapter could create an undue economic hardship. This provision is created to
provide property owners with a means of demonstrating that such a hardship may exist
and that they should be allowed to demolish a designated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of review: The standard of review for a determination of economic hardship
will be whether refusing to allow the property owner to demolish the property would
result in a violation of the prohibitions of the U.S. and Colorado Constitutions against
taking of private property for public use without just compensation as those prohibitions
are interpreted by the courts of Colorado and the United States. In applying the
standards, the economic benefits of financial, developmental and technical assistance
from the City and the utilization of any federal and state rehabilitation tax credit
programs may be considered.
3. Application:
a. Upon receiving a request for a certificate of economic hardship, the Community
Development Director shall provide a written response within fourteen (14) days as to
the submittal materials required.
b. Within five (5) days after receipt of an application for a certificate of economic
hardship, the Community Development Director shall determine whether the
application is complete. If he or she determines that the application is not complete,
the Director shall notify the applicant in writing of the deficiencies. The Director
shall take no further steps to process the application until the deficiencies have been
remedied.
c. The application fee shall be set to defray all costs of the review process, including the
fees of an independent hearing officer.
4. Administrative process:
a. When the application is complete, the Community Development Director will refer
the application to the Historic Preservation Officer and the City Attorney for review.
The Historic Preservation Officer and City Attorney shall jointly prepare a report
setting forth the City's response.
b. In the event the City response concludes that the application does not demonstrate a
case of economic hardship, the application will be set for a public hearing before a
hearing officer.
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c. The hearing officer will be contracted by the City to conduct an impartial quasi -
judicial hearing on the question of economic hardship. The Officer shall have
sufficient legal and technical experience to conduct a fair hearing in accordance with
appropriate standards of due process. The application, all support materials and the
City's report shall be provided to the hearing officer in advance of the hearing. At the
hearing, the applicant will be provided with an opportunity to present his application
and may be represented by counsel. The City position will be presented by the City
Attorney.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Court
pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. 1 -2002, §7
[part]; Ord. No. 30, 2007, §4)
26.415.090. Relocation of designated properties.
The intent of this Chapter is to preserve designated historic properties in their original locations
as much of their significance is embodied in their setting and physical relationship to their
surroundings as well as their association with events and people with ties to particular site.
However, it is recognized that occasionally the relocation of a property may be appropriate as it
provides an alternative to demolition or because it only has a limited impact on the attributes that
make it significant.
A. Application. An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and/or graphic illustrations of the building, structure or object
proposed for relocation.
3. A written explanation of the type of relocation requested (temporary, on -site or off -site)
and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness of the
building, structure or object, its ability to withstand the physical move and its
rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing preliminary information on the
property boundaries, existing improvements and site characteristics and the associated
planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property owner of
the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place the building
on the identified receiving site. If the site is outside of the city limits, verification that the
building will be preserved on its new site through a formal action of the other jurisdiction
or a preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation and repair
of the building, structure or object; site preparation and construction of necessary
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infrastructure through the posting of bonds or other financial measures deemed
appropriate.
9. Supplementary materials to provide an understanding of the larger context for the
relocated property and its impact on adjacent properties, the neighborhood or streetscape.
B. Procedures for the review of relocation request.
1. The Community Development Director shall review the application materials submitted
for relocation 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.
2. Notice for the review of the relocation request shall include publication, posting and
mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
3. If the relocation request is part of a major development project, the Community
Development Director may consolidate or modify the review process accordingly
pursuant to Section 26.304.060.B.
4. Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation 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 report and
the evidence presented at the hearing to determine if the standards for relocation have
been met.
5. 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.
6. A resolution of the HPC action will be forwarded to the City Council in accordance with
Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up"
period of the City Council has expired.
C. Standards for the relocation of designated properties. Relocation for a building, structure
or object will be approved if it is determined that it meets any one of the following standards:
1. It is considered a noncontributing element of a historic district and its relocation will not
affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which it
is located and its relocation will not have an adverse impact on the Historic District or
property; or
3. The owner has obtained a certificate of economic hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely
affect the integrity of the Historic District in which it was originally located or diminish
the historic, architectural or aesthetic relationships of adjacent designated properties; and
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Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security.
D. Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented
and designated at one time. However, it is important to protect properties which potentially
qualify for designation against needless loss until review and hearings can be completed.
1. No relocation will be permitted for properties under consideration for designation to the
Aspen Inventory of Historic Landmark Site and Structures unless relocation approval is
issued by the Historic Preservation Commission or City Council.
2. All properties under consideration for designation and, therefore, subject to the temporary
stay of relocation will be identified on a list maintained by the Chief Building Official.
Property owners will be notified by registered mail that their property is under
consideration for designation and have an opportunity to review all materials compiled at
that time to verify accuracy.
3. These procedures shall apply to any building located within an area under preliminary
application for designation from the time the application is filed until the time action is
taken on the application by the City Council.
4. If a public hearing to consider the application for designation is not held by the City
Council within six (6) months of the initiation of the stay, the stay will expire. An
additional six -month stay period may be approved by City Council in the form of a
resolution, at a public hearing, with a showing of good cause. (Ord. No. 1 -2002, § 7
[part])
26.415.100. Demolition by neglect.
It is the intent of this Chapter to address the range of circumstances that affect the preservation of
the community's significant historic and architectural resources. It is further recognized that
many historic buildings and structures are lost because of deterioration from lack of
maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is
the same: the loss of community assets. Consequently, it is declared that the exterior features of
any designated building or structure shall be preserved against decay and deterioration and kept
free from structural defects. The designated structures shall receive reasonable care,
maintenance and upkeep appropriate for their preservation, protection, perpetuation and use.
A. Standards for reasonable care and upkeep.
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1. The owner or such other person who may have legal possession, custody and control
thereof of a designated property shall, upon written request by the City, repair the
following exterior features if they are found to be deteriorating or if their condition is
contributing to deterioration such that it is likely to compromise the building's structural
integrity or as to create or permit the creation of any hazardous or unsafe condition to
life, health or other property. These features include, but are not limited to:
a. Deterioration of exterior walls, foundations or other vertical supports that causes
leaning, sagging, splitting, listing or buckling.
b. Deterioration of flooring or floor supports or other horizontal members that causes
leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or
buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken
windows or doors.
f. Defective protection or lack of weather protection for exterior wall and roof
coverings, including lack of paint or weathering due to lack of paint or other
protective covering.
g. Rotting, holes and other forms of decay.
h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices,
entablatures, wall facings ornamental trim and other architectural details that cause
delamination, instability, loss of shape and form or crumbling.
B. Enforcement procedures.
1. The HPC may file a petition listing specific defects, in accordance with Subsection
26.415.110.A, with the Chief Building Official, requesting that the official act under the
following procedures to require the correction of the defects or repairs to designated
properties.
2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct
personal contact with the owner or other such persons having legal possession or custody
and/or his representative. If personal contact cannot reasonably be accomplished, then
written notification of the specific defects purported by the HPC and a request to inspect
the property within ten (10) days will be mailed to the owner and other such persons
having legal possession, custody and control and will be posted at a conspicuous location
appropriate to the identified defects. In the written notification the Chief Building
Official shall document the nature of the specific defects and the corrective action
ordered.
3. After receiving agreement from the owner, his representatives or other such persons
having legal possession, custody and control of the property for an inspection, the Chief
Building Official and the HPC Officer shall within ten (10) working days conduct an
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investigation and prepare a written report determining whether the property requires work
to address conditions set, forth in Subsection 26.415.100.A.1.
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control of the
property will be served within fourteen (14) days with a complaint identifying the
property deficiencies and providing notice that a hearing will be held before a Hearing
Officer of the City within forty-five (45) days. The purpose of the hearing is to:
a. Receive evidence concerning the charge of deterioration and
b. Develop a plan and schedule for making the needed repairs in a timely fashion, such
that the building is stabilized and the deterioration is arrested and
c. Ascertain whether the owner or other parties intend to make application for financial
assistance from the City to correct the building defects.
5. Following such notice and hearing, the Hearing Officer will make a determination if there
are any corrections required pursuant to Subsection 26.415.110.A.1 and shall state in
writing the findings of fact in support of that determination. If it is determined that the
building or structure is undergoing deterioration or if its condition is contributing to
deterioration, the owner or other parties of interest will be served an order to repair those
defective elements of the structure within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time frame, the City
may undertake the work to correct the deficiencies that create any hazardous and unsafe
conditions to life, health and property. The expense of this work will be recorded as a
lien on the property.
C. Appeal Within thirty (30) days, the owner may appeal the decision of the Hearing Officer
to the Board of Appeals and Examiners pursuant to the process established in Chapter 8.08 of
this Municipal Code. (Ord. No. 1 -2002 § 7 [part])
26.415.110. Benefits.
The City is committed to providing support to property owners to assist their efforts to maintain,
preserve and enhance their historic properties. Recognizing that these properties are valuable
community assets is the basic premise underlying the provision of special procedures and
• programs for designated historic properties and districts. - comment [nail: All historic preservation
information has been combined into one chapter.
be f a t as Ch 2C A2A
c P
Benefits to encourage good historic preservation practices by the owners of historic
properties are an important aspect of Aspen's historic preservation program. Historic
resources are a valuable conitnunity asset and their continued protection is the basic
premise supporting the creation of an innovative package of preset tools that are
unlike anv other in the country.
spcn's preservation benefits are in response to tight historic preservation controls that
have been legislated by the City since 1972. The Community Development Department and
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Historic Preservation Commission (HPC) are dedicated to assisting property owners in
renovating and maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this bask character that has helped make the City both
economically vital and cherished by many.
All properties listed on the Aspen Inventory of historic Landmark Site and Structures may
becligihle for the follmvinibenefits.
A. Historic landmark lot split. • • • • • • • • Comment 1a23]: This sentence includes •
i incorrect code citations.
.. • - . 1\ Itcu ;a designated
le i at least six thousand (6,000) square feet in size, subdivision into two (2) parcels,
neither of which is smaller than three thousand (3,0001 square feet in size, for the purpose
of creating up to three (3) residential dwelling units may be allowed in the following Zone
Districts: R -6, R -15, R -15 .. R11F and ail'. Refer to Chapter 26.480, Subdivision for more
information. All parcels created through a Historic Landmark lot split shall retain designation
on the Aspen Inventory of Historic Sites and Structures.
1. An application for a lot split of a designated historic property may be filed by the owner
by providing the standard information required in Chapter 26.304.
2. The procedure for the review of a historic lot split application is a two -step process
including a public hearing before the HPC and the City Council. Notice for these
hearings includes publication, mailing and posting pursuant to Subsection 26.304.060.E.3
Paragraphs a, b and c.
3. Staff will review the submittal material and prepare a report with relevant information
and a recommendation to continue, approve, approve with conditions or disapprove and
the reason for the recommendation.
4. The HPC may approve a resolution, recommending that City Council approve, approve
with conditions or disapprove the application.
5. The City Council may, by ordinance, approve, approve with conditions or disapprove the
application.
13. Increased densit'. l %s detached single -fami■ daelline units or a duplex mal be allowed on
a smaller sized lot than is required for a propert) in the Ibllo■ine Zone Districts:
R -6. R -15. R -151. RMF and NIU. Refer to Chapter 26.710 for further information.
4AC. Variances. Dimensional variations are allowed for projects involving designated
properties to create development that is more consistent with the character of the historic
property or district than what would be required by the underlying zoning's dimensional
standards.
1. The HPC may grant variances of the Land Use Code for designated properties to allow:
a. Development in the side, rear and front setbacks;
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b. Development that does not meet the minimum distance requirements between
buildings;
c. Up to five percent (5 %) additional site coverage;
d. Less open space than required for the on -site relocation of commercial historic
properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character of the historic property or district;
and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
ED. Parking. Parking reductions are permitted for designated historic properties on sites
unable to contain the number of on -site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment -in -lieu fees for
parking reductions.
The parking reduction and waiver of payment -in -lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district. Refer to Chapter 26.515 for further information.
E. Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.710.
&F. Floor area bonus.
1. In selected circumstances, the HPC may grant up to five hundred (500) additional square
feet of allowable floor area for projects involving designated historic properties. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
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2. Granting of additional allowable floor area is not a matter of right but is contingent upon
the sole discretion of the HPC and the Commission's assessments of the merits of the
proposed project and its ability to demonstrate exemplary historic preservation practices.
Projects that demonstrate multiple elements described above will have a greater
likelihood of being awarded additional floor area.
3. The decision to grant a floor area bonus for major development projects will occur as part
of the approval of a Conceptual Development Plan, pursuant to Subsection 26.415.070.D.
The floor area bonus may also be approved as part of a Historic Landmark Lot Split
Review. No development application that includes a request for a floor area bonus may
be submitted until after the applicant has met with the HPC in a work session to discuss
how the proposal might meet the bonus considerations.
E:G. Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management quota
system and have reduced impact mitigation requirements. Refer to Chapter 26.470 for further
information.
G.H. Waiver of impact fees. ! _ • , • • ' • • • • • •
52 2003, § 9) .. . .9 .. . ! . , • , = .. ! t ;
Designated historic properties may be eligible for waiver of Impact Fees. Refer to Chapter
26.610 for further information.
I. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount
up to twenty -five thousand dollars ($25,000.00) for any property that is in violation of
Section 26.415.100 of the Land Use Code, "Demolition by Neglect," or to fund other
rehabilitation work which is considered necessary for the preservation or restoration of a
designated structure. To be eligible for this benefit, a property owner shall show evidence
of financial need. These one -time loans shall be repaid at the time of transfer -of -title or by
the end of ten (10) years, whichever comes first.
J. Conservation easement program. The City may accept• a "Consery ation Easement"
from a property owner who wishes to forgo any of the allowed square footage on their
property in exchange for a federal tax deduction. A deed restriction shall be filed on the •
site to show that future development is limited. The five hundred (500) square foot floor
area bonus provided in Subsection 26.415.120E of the Land Use Code cannot be donated as
a conservation casement.
K. City -owned building rehabilitation fund. The City shall give priority in the asset
management plan to budgeting the funds necessary to adequately maintain, rehabilitate or
restore Cite -owned designated properties.
L. Transferable development rights. Per Chapter 26.535 of this Code, owners of properties
listed on the Aspen Inventory of Historic Landmark Sites and Structures may sever and Comment laz41: code amendment
allowed TDRs to be landed on historic properties,
corner, as a separate development right, undeveloped floor area to be developed on a only for the purpose of increasing the maximum size
different and Ili9N $terie1 propCi•tyViithinthetitV. of a free market unit in a mixed use building by 500
square feet.
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Tax credit applications. ( itv Planning staff shall assist property owners in
participating in State and Federal Rehabilitation Tax Credit programs by helping with the
preparation of application materials, undertaking the necessary reviews to assist in
obtaining certification. ,\ twenty percent (20 %) state rehabilitation income tax credit may
be available for locally designated properties and may be combined with a twenty percent
(20 %t) Federal Income fax Credit which is available for income producing properties listed
on the National Register of Historic Places.
N. Community-initiated development. The City will consider opportunities to be involved
in public - privately funded rehabilitation efforts, building expansion or infill projects that
demonstrate good historic preservation practices.
0. Building codes. 1 he International Building C'ude (IBC) provides for flexibility in its
application to historic structures. In addition to the IBC, the City has adopted the
International Existing Building Code (IEBC) to assist owners in making repairs in a
manner that minimizes intrusion into the historic structure.
P. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other
• sources of funding.
0. Cultural heritage tourism. Through grants or other sources of funding. the City mat
facilitate collaborative partnerships among tourist industry sectors, historic properly
owners and cultural heritage attractions to create a marketing strategy and marketing
products to attract visitors interested in the distinctive historic character of Aspen.
R. Preservation honor awards. The Aspen Historic Preservation Commission shall
present annual awards to recognize exemplary historic preservation efforts in the City.
S. Historic markers. Through grants or other sources of funding, the City shall "nay' - - comment There is no funding source in
provide a historic marker of a standard design for any owner of a designated historic Place for the City to guarantee a historic marker to
all of the nearly 300 properties included in the
property w ho desires a marker to install on their building. The City may also develop a preservation program .
marker or signage program to recognize designated historic districts.
26.415.120. Appeals, notice to City Council and call up.
A. Appeal. Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated certificate of appropriateness for major development,
demolition approval or relocation approval may be appealed to the City Council by the applicant
or a property owner within three hundred (300) feet of the subject property in accordance with
the procedures set forth in Chapter 26.316.
B. Notice to City CounciL Following the adoption of a resolution approving, approving with
conditions or disapproving a development application for a certificate of appropriateness for
major development, demolition approval or relocation approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an opportunity
to avail itself of the call -up procedure set forth in Subsection 26.415.120.0 and D.
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C. Call-up. The City Council may order call up of any action taken by the HPC as described in
Section 26.415.070 within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the thirty (30) day call -up period.
D. City Council action on appeal or call -up. The City Council shall consider the application
on the record established before the HPC. The City Council shall affirm the decision of the HPC
unless there is a finding that there was a denial of due process or the HPC has exceeded its
jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation, including, but not limited to:
1. Reversing the decision.
2. Altering the conditions of approval.
3. Remanding the application to the HPC for rehearing. (Ord. No. 1 -2002, § 7 [part]; Ord.
No. 52 -2003, § 10)
26.415.130. Variances by other City review bodies.
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to
make a written recommendation as to its approval. The Board of Adjustment or the Planning
and Zoning Commission will not take action on said development application for a variance
pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. (Ord.
No. 1 -2002 § 7 [part])
26.415.140. Penalties.
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject
to the general penalty provisions of this Title.
A. Additional penalties. Additional penalties for the violation of Sections 26.415.070 through
26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or demolishes a
designated property in violation of any section may be required to restore the building,
structure or setting to its appearance prior to the violation.
2. Following notice and public hearing, the HPC shall prohibit the owner, successor or
assigns from obtaining a building permit for the subject property for a period of up to ten
(10) years from the date of the violation. The City shall initiate proceedings to place a
deed restriction on the property to ensure enforcement of this penalty. The property
owner shall be required to maintain the property during that period of time in
conformance with the Standards for reasonable care and upkeep set forth in Subsection
26.415.100A.
3. Any variances or historic preservation benefits previously granted to the property may be
subject to revocation. (Ord. No. 1 -2002, § 7 [part])
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Section 2:
Chapter 26.420, Benefits is hereby deleted in its entirety. The content of the Chapter has been
imported into Chapter 26.415, Historic Preservation
Section 3:
Chapter 26.535, Transferable Development Rights (TDR) is hereby amended to allow properties
on the AspenModern map to be sending sites for TDRs, even if they are not designated to the
Aspen Inventory of Historic Landmark Sites and Structures. The Chapter is hereby amended to
read as follows:
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right
certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development
right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
26.535.010. Purpose.
The purpose of this Chapter is to encourage the preservation of historic landmarks, those
properties listed on the Aspen +Inventory of hHistoric 'Landmark sSites and sStructures and
those properties identified on the AspenModern map, within the City by permitting those
property owners to sever and convey, as a separate development right, undeveloped floor area to
be developed on a different property within the City. The program enables standard market
forces and the demand for residential floor area, to accomplish a community goal of preserving
Aspen's heritage as reflected in its built environment.
(Ord. No. 54 -2003, § §4, 5; Ord. No. 16 -2008)
26.535.020. Terminology.
Establishment of a TDR. The process of creating an historic TDR certificate in exchange for a
property owner lessening the allowable development on an historic property (the sending site)
through a permanent deed restriction.
Extinguishment of a TDR The process of increasing the allowable development on a property
(the receiver site), as permitted in the Zone District, through the redemption of an historic TDR
certificate.
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Historic transferable development right certificate (historic TDR certificate). An
irrevocable assignable property right which allows a certain amount of development, which may
be conveyed separate from the property in which it has historically been associated (the sending
site) and which may be used to increase development rights on another property (the receiver
site). TDR certificates shall require execution by the Mayor, pursuant to a validly adopted
ordinance.
Receiver site. A property on which developments rights are increased in exchange for the City
extinguishing an historic TDR certificate held by the developer of the property. Receiver sites
are also referred to as landing sites.
Sending site. The designated historic landmark property, or property identified on the
AspenModern map, being preserved by reducing its allowable floor area in exchange for the
City establishing and issuing an historic TDR certificate. (Ord. 54 -2003, § §4, 5)
26.535.030. Applicability and prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, and those properties identified on the AspenModern map, in which the
development of a single - family or duplex home is a permitted use, according to Chapter 26.710,
Zone Districts. Properties on which such development is a conditional use shall not be eligible.
Sending Sites may also be established through adoption of a Final PUD Development Plan,
pursuant to Chapter 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A
property may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished.
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A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the City re -issue the certificate acknowledging the new
owner. Re- issuance shall not require re- adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe - keeping, distribution, recordation,
control, and extinguishments.
(Ord. No. 54 -2003, §§ 4, 5; Ord. No. 16 -2008)
26.535.040. Authority.
The City Council, in accordance with the procedures, standards and limitations of this Chapter
and of Chapter 26.304, Common development review procedures, shall approve or disapprove,
pursuant to adoption of an ordinance, a land use application for the establishment of historic
transferable development rights. The Mayor, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall validate and issue historic TDR certificates, pursuant to a validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall approve or disapprove a land use application for the extinguishment of historic transferable
development rights. (Ord. No. 54 -2003, §§ 4, 5) .
26.535.050. Procedure for establishing a historic transferable development right
certificate.
The following steps are necessary for the issuance of a City historic transferable development
right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program.
Owner confirmation. An application for the issuance of a historic TDR certificate shall
only be accepted by the City upon submission of a notarized affidavit from the sending site
property owner signifying understanding of the following concepts:
A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
historic TDR certificates established from that sending site.
For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of floor
area, as permitted according to the property's zoning, as amended.
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The sending site property owner shall have no authority over the manner in which the
certificate of' development right is used by subsequent owners of the historic TDR
certificate.
Application for issuance of historic TDR certificate. An applicant shall supply the
necessary application materials, identified in Section 26.535.090, Application materials,
along with applicable review fees.
City review and approval of application. The Community Development Department shall
review the application according to the review standards identified in Section 26.535.070,
Review criteria for establishment of a historic TDR and shall forward a recommendation to
the City Council. The City Council shall approve or disapprove the establishment of a
historic TDR certificate by adoption of an ordinance, according to the review standards
identified in Section 26.535.070, Review criteria for establishment of a historic TDR. The
manner of public notice shall be publication, pursuant to Paragraph 26.304.060.E.3.a.
Scheduling of closing date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective historic TDR certificates shall be
validated and issued by the City, and a deed restriction on the property shall be accepted by
the City and filed with the County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor shall execute and deliver the
applicable number of historic TDR certificates to the property owner, and the property owner
shall execute and deliver a deed restriction lessening the available development right of the
sending site together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's Office. (Ord. 54 -2003, §§ 4, 5)
26.535.060. Procedure for extinguishing a historic transferable development right
certificate.
The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program. Applicants are encouraged to
meet with the City Zoning Officer and review potential development plans to ensure the
additional development right can be properly incorporated on the receiver site.
Associated planning reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for building permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building permit.
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Confirmation of historic TDR certificate. The applicant shall submit the requisite historic
TDR certificates, and the City shall confirm its or their, authenticity.
City review of application. The Community Development Department shall review the
application according to the review standards identified in Section 26.535.070, Review
standards for extinguishment of a historic TDR.
Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance of a
building permit for a development on a receiver site requiring the extinguishment of a
historic TDR certificate, the applicant shall assign the requisite historic TDR certificates to
the City whereupon the certificates shall be marked "extinguished." The property shall
permanently maintain the additional development benefit of the extinguished TDR according
to the development allowance for a TDR pursuant to Section 26.710, Zone Districts. The
property owner may, at their discretion, record a confirmation letter from the Community
Development Director acknowledging the extinguishment of the TDR(s) for the receiver site.
(Ord. No. 54 -2003, §§ 4, 5)
26.535.070. Review criteria for establishment of a historic transferable development
right.
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met:
A. The sending site is a historic landmark or property identified on the AspenModern map,
on which the development of a single - family or duplex residence is a permitted use, pursuant to
Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall
not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for either
a single - family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not increase the
specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning for a
single-family or duplex residence, and shall not include the potential of the sending site to gain
floor area bonuses, exemptions or similar potential development incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a single -
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family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied
by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall be the
floor area of a single - family or duplex residence (whichever is permitted) minus two hundred
fifty (250) square feet of floor area multiplies by the number of historic TDR certificates
established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single - family or duplex residence, as maj' be
amended from time to time. The sending site shall remain eligible for certain floor area
incentives and/or exemptions as may be authorized by the City Land Use Code, as may be
amended from time to time. The form of the deed restriction shall be acceptable to the City
Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and deliver a
deed restriction lessening the available development right of the subject property together with
the appropriate fee for recording the deed restriction with the County Clerk and Recorder's
office.
H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-
2003, §§ 4, 5)
26.535.080. Review criteria for extinguishment of a historic transferable development
right.
Historic TDR certificates may be extinguished to accommodate additional development if the
Community Development Director finds the following standards have been met:
A. The receiving site is not restricted by a prescribed floor area limitation or the restricting
document permits the extinguishment of historic TDR certificates for additional development
rights.
B. The receiving site and is eligible to receive an increase in development rights as specified
in Chapter 26.710, Zoning Districts, according to the Zone District and the land use or as
otherwise specified in a final PUD plan for the property.
C. All other necessary approvals for the proposed development on the receiver site, as
established by this Title, have been obtained.
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D. The applicant has submitted the requisite authentic historic TDR certificates for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the receiver
site, pursuant to Section 26.304.075, Building permit and the additional development can be
accommodated on the receiver site in conformance with all other relevant requirements.
F. Prior to and as a condition of, issuance of a building permit for a development requiring
the extinguishment of a historic TDR certificates, the applicant shall assign and deliver the
authentic certificates to the City whereupon the certificates shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment
of the TDR certificates and increasing the available development rights of the receiver site. The
applicant may wish to record this document with the County Clerk and Recorder. The
confirmation letter shall not stipulate an absolute total floor area, but shall stipulate a square
footage increase from the allowable floor area, according to the Zone District and land use of the
receiver site at the time of building permit submission. The receiver site shall remain subject to
amendments to the allowable floor area and eligible for certain floor area incentives and/or
exemptions as may be authorized by the City Land Use Code, as may be amended from time to
time. The form of the confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the receiver site by extinguishment of historic TDR
certificates shall be that allowed in Chapter 26.710, Zone Districts, according to the Zone
District and the land use or as otherwise specified in a final PUD plan for the receiver site and
shall not permit the creation of a nonconforming use or structure. (Ord. No. 54 -2003, § §4, 5;
Ord. No. 16 -2008)
26.535.090. Application materials.
A. The contents of a development application to establish an historic TDR certificate shall be as
follows:
1. The general application information required in Common development review
procedures, Chapter 26.304.
2. A notarized affidavit from the sending site property owner signifying acknowledgment of
the following:
a. A deed restriction will permanently encumber the sending site and restrict that
property's development rights to below that allowed by right by zoning according to
the number of historic TDR certificates established from that sending site.
b. For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of
floor area, as permitted according to the property's zoning, as amended.
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c. The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
3. A site improvement survey of the sending site depicting:
a. Existing natural and man-made site features.
b. All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the sending site and a floor
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area analysis of all structures thereon.
5. A proposed deed restriction for the sending site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish an historic TDR certificate shall be
as follows:
1. The necessary application materials for a complete building permit submission, pursuant
to Section 26.304.075, Building permit.
2. Written response to each of the review criteria. (Ord. No. 54 -2003, § §4, 5)
26.535.100. Appeals
An applicant aggrieved by a determination made by the Community Development Director,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Chapter 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section,
may appeal the decision to a court of competent jurisdiction. (Ord. No. 54 -2003, §5)
Section 4:
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 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
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.
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of
October, 2010 by a to _ vote.
Attest:
Jackie Lothian, Deputy City Clerk Stan Gibbs, Chair
APPROVED AS TO FORM
James R. True, Special Counsel
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