HomeMy WebLinkAboutordinance.council.033-12 ORDINANCE No. 33
(Series of 2012)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.415—HISTORIC PRESERVATION
OF THE CITY OF ASPEN LAND USE CODE
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to the applicability of Land Use Code
Chapter 26.415 to properties within a designated Historic District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including three small group meetings, an Open City Hall
Forum, an on-line survey, and individual letters from members of the public, to gain feedback
from the community on potential code changes to the Commercial Core Historic District; and,
WHEREAS, more than 200 individuals were engaged in the Public Outreach process;
and,
WHEREAS, during a duly noticed public hearing on August 27, 2012, the City Council
approved a Policy Resolution, Resolution 82, Series of 2012, directing staff to process code
amendments related to heights and land uses in the downtown, by a three - two (3 - 2) vote; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.415 — Historic
Preservation; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: 26.415.015 —Applicability, shall be added to Chapter 26.415 follows:
City Council Ord. 433 of 2012
Historic Districts Code Amendments
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26.415.015 Applicability.
This Chapter applies to all properties listed on the Aspen Inventory of Historic Sites and
Structures and to all properties located within the boundaries of a Historic District, including
rights-of-way within Historic Districts as specified in Section 26.415.060.
Section 2: 26.415.020—Definitions, shall be amended as follows:
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
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 is
considered significant.
Designated property. An individual 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 that is listed
on the Aspen Inventory of Historic Landmark Sites and Structures including designated
properties, contributing resources, and noncontributing resources located within the boundaries
of a Historic District pursuant to the Official Zone District Map.
City Council Ord. #33 of 2012
Historic Districts Code Amendments
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Historic context paper. Research papers that define Aspen's architectural and cultural patterns
in the context of local and national history. Historic context papers are used to guide staff, the
Historic Preservation Commission and City Council in determining the historic significance of
structures and properties in the City of Aspen.
Integrity. The ability of a property to convey its significance relative to the aspects of location,
setting, design, materials, workmanship and association.
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 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.
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]; Ord. No. 28 -2010, §1)
City Council Ord.#33 of 2012
Historic Districts Code Amendments
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Section 3: 26.415.060 - Effect of designation, shall be amended as follows:
26.415.060. Effect of designation or inclusion within a Historic District.
A. Approvals required. Any development involving properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures, as an individual property or located within
the boundaries of a 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. HPC shall
provide referral comments for major projects to rights-of-way located within the boundaries of a
Historic District.
Section 4: 26.415.070 — Development involving designated historic property, shall be amended
as follows:
26.415.070. Development involving designated historic property or property within a
Historic District.
No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or a property located within a
Historic 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.
1. (Ord. No. 1-2002, § 7 [part]; Ord. 43, 2004, § 3; Ord. No. 28 -2010, §1; Ord. No. 3-2012,
§22 & 23)
Section 5: 26.415.080 - Demolition of designated historic properties, shall be amended as
follows:
26.415.080 Demolition of designated historic properties or properties within a Historic
District.
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 or properties within
a Historic District 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 or
properties within a Historic District.
1. An application for a demolition permit for designated properties or properties within a
Historic District 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
City Council Ord.433 of 2012
Historic Districts Code Amendments
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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.
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
City Council Ord.#33 of 2012
Historic Districts Code Amendments
Page 5 of 7
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
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.
Section 6: 26.415.110—Benefits, shall be amended as follows:
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.
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 community asset and their continued protection is the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in the country.
Aspen'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 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 basic character that has helped make the City both
economically vital and cherished by many.
Only designated properties may be eligible for the following benefits.
Section 7: 26.415.110.13—Benefits- Parking, shall be amended as follows.
D. 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.
In addition to the review criteria listed in Chapter 26.515, 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.
City Council Ord. #33 of 2012
Historic Districts Code Amendments
Page 6 of 7
Section 8•
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 9•
A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of November, 2012.
Attest:
athryn S. ch, City Clerk Michael C. Ireland,Nfayor
FINALLY, adopted, passed and approved this 10th day of December,2012.
Attest:
z-
Kathryn S. och, City Clerk Michael t. Ireland,Mayor
Approved as to form:
ames R. True, City Attorney
City Council Ord.#33 of 2012
Historic Districts Code Amendments
Page 7 of 7
Ad Name: 8642050A LEGAL NOTICadopted
ORDINANCE#33 2012 PUBLIC HEARING
Ordinance#33,Series of 2012,was on r
Customer: Aspen (LEGALS) City of first reading at the City Council meeting Nvember
26,2012. This ordinance,if adopted,will approve
Your account number: 1013028 a code amendment to clean up language stating
that all properties within historic districts shall meet
requirements in Chapter 26.415 Historic Preserva-
tion. The public hearing on this ordinance is
PROOF OF PUBLICATION hale 30 S uth Galeaber 10,2012 at 5 PM,City
To see the entire text,go to the city's legal notice
website
_htt_p:l/www.aspeni)itkin.com/Det)artments/C/Srk/
Lecial-Noticesl
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Novem-
ber 29,2012. [8642050]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 11/29/2012 and that the last publication of
said notice was in the issue of said newspaper dated
11/29/2012.
In witness whereof,I have here unto set my hand
this 12/06/2012.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 12/06/2012.
7}1) �. /Jo-,�h a c),C_
Mary E.Borkenhagen,Notary Public
oxw�soMy onimission expires:September 12,2015
PUBLIC `
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