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HomeMy WebLinkAboutcoa.lu.ca.0017.2015.AHPC0017.2015. AHPC 130 5 GALENA ST WORK SESSION FOR HPC CODE AMENDMENT SCCkA"� tAV-e,( PG1 Ci 0 0 7L=7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0017.2015.AHPC 2737 073 31 851 130 S GALENA ST AMY SIMON WORK SESSION CODE AMENDMENT JESS GARROW 04.27.2015 DEB PATTISON 03.08.2016 Permits 00(7, 20I5- - P�NP(- File Edit Record Navigate Form Reports Format Tab Help ( - _:d- > Jump 1is () 0 sMain Custom Fields Routing Status Fee Summary Actions Routing History o Permit type Aspen Histonc Land Use Permit # 00172015.AHPC u N Address 130 S GALENA Apt/Suite CITY HALL °o City ASPEN State CO Zip 81611 6 x Permit Information o Master permit Routing queue aslul5 Applied 05 06 2015 0 Z Project Status pending Approved 0 m Description JAPPLICATION FOR HPC WORK SESSION CODE AMENDMENT issued� N i CiosedJFnal j Submitted JESS GARROW Clock Running Days Expires 04 302016 Submitted via Owner Last name ICITY OF ASPEN First name ICITY HALL 130 S GALENA ASPEN CO 81611 Phone O Address Applicant Z Owner is applicant? ❑ Contractor is applicant? Last name Jury OF ASPEN First name CITY HALL 130 S GALENA ASPEN CO 81611 Phone O Cust f 28789 Address Email Lender Last name First name Pl)(W O Address loft :� ORDINANCE No. 13 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE REMOVING UN -NOTICED HPC WORK SESSIONS AND OUTDATED BUILDING CODE REFERENCES. 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 Aspeddirected the Community Development Department to prepare amendments to the Land Use Code related to the Historic Preservation Chapter of the Land Use Code, including Historic Preservation Commission's work sessions, and updating outdated references; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a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 regarding the code amendment with the Historic Preservation Commission; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No.37, Series of 2015, requesting code amendments to the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code; 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, clarifying the land use review process is identified in the 2012 Aspen Area, Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council fmds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 . Page 1 of 3 Section 1: Chapter 26.415.110(F) — Benefits, Floor area bonus, shall be amended as follows: [Subsections 1— 2 shall be unchanged] 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. [Subsection 4 shall be unchanged] Section 2: Chapter 26.415.110(0) — Benefits, Building codes, shall be amended as follows: O. Building codes. The City's Adopted Building Code provides for flexibility in its application to historic structures. Section 3: Chapter 26.415.110(T) —Benefits, Work Sessions, shall be added as follows: T. Work Sessions. 1. Projects requesting a Floor Area Bonus -pursuant to Section 26.415.110(F), Floor Area Bonus, or.projects of significant public interest may request a Work Session with HPC. 2. The purpose of the Work Session is to provide an applicant with initial feedback on the project. An application is required, and shall address the overall design intent, site plan, basic massing, and programming. 3. HPC may not take any formal action at the Work Session, and any feedback provided to the applicant is non -binding. All work sessions shall be noticed pursuant to the requirements for a public hearing in Section 26.304.060(E), Public Noticing, and public comment shall be taken. Section 4: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 5: Effect Upon Existing Litigation. This ordinance 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: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Code Amendment - HPC Work Sessions Ordinance 13, Series 2015 Page 2 of 3 0 0 Section 7: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 8• A public hearing on this ordinance was held on the 22"d day of June, 2015, 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 was 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 27"' day of April, 2015. Clerk FINALLY, adopted, Atte MUAkIL Linda Manning, City Clerk 7 Approved as to form: ames R. True, City Attorney Steven approved this 22"d day of J Steven 15. i Mayor Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 3 of 3 luiMUT[1 :: ► u TO: Mayor and City Council FROM: Amy Simon, Historic Preservation Officer Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: HPC Work Sessions and Associated Code Amendments Ordinance 13, Series of 2015 MEETING DATE: May 4, 2015 SUMMARY: The attached Ordinance amends the Historic Preservation portion of the code related to HPC work sessions and outdated references. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Historic Preservation regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The City's Historic Preservation section of the Land Use Code (26.415) outlines the review process and code requirements for all historic landmarks. Staff is proposing a number of changes to address issues that have recently been raised. 1. Remove the HPC Work Session. The code currently requires any application requesting a floor area bonus as part of their historic project to meet with HPC in a work session prior to the application's formal HPC public hearing. These work sessions are non -binding, but are used by an applicant to gauge potential HPC support of the proposed project. Although a work session meeting is noticed in a manner consistent with the open meeting laws, because the topic of the work session is not published or posted, neighbors and other interested community members are often unaware they occur and are not able to provide their input at the initial design phase. When the formal public hearing comes, often the project has received detailed comments from HPC without the benefit of HPC Work Sessions Code Amendment, 2nd Reading 5/4/2015 Page 1 of 2 community input. Staff believes this creates an unfair situation for members of the community, as well as the applicant, and recommends removing the work session provision. All requests for floor area bonus would still be subject to the public hearing process, which is properly noticed. The proposed code amendment eliminates the work session requirement. 2. Update outdated references. The Historic Preservation Chapter (26.415) includes a reference to outdated building codes. The proposed code amendment updates the chapter to refer generally to the City's adopted building codes so it does not need to be updated every time the City adopts a revised building code. PUBLIC OUTREACH: Staff has discussed the merits of HPC work sessions with the Historic Preservation Commission, and they did not feel strongly about keeping or removing the work session option. Some architects expressed a desire to keep HPC work sessions, indicating they feel they often get helpful feedback during them. Others expressed frustration that because the work sessions are not binding they can't always rely on them. Staff believes that removing the work session will ensure a fairer process to everyone, particularly interested neighbors and community members. City Council approved a Policy Resolution supporting these code amendments at the April 13, 2015 meeting. A copy is attached as Exhibit C. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance on first reading. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 13, Series of 2015, approving historic preservation related code amendments." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Proposed Code Amendment Redlines Exhibit C — Approved Policy Resolution HPC Work Sessions Code Amendment, 2nd Reading 5/4/2015 Page 2 of 2 • 0 ORDINANCE No. 13 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE REMOVING UN -NOTICED UPC WORK SESSIONS AND OUTDATED BUILDING CODE REFERENCES. 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 prepare amendments to the Land Use Code related to the Historic Preservation Chapter of the Land Use Code, including Historic Preservation Commission's work sessions, and updating outdated references; 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 regarding the code amendment with the Historic Preservation Commission; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No.37, Series of 2015, requesting code amendments to the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 1 of 3 • 11 Section 1: Chapter 26.415.110(F) — Benefits, Floor area bonus, shall be amended as follows: [Subsections I — 2 shall be unchanged] 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. [Subsection 4 shall be unchanged] Section 2: Chapter 26.415.110(0) — Benefits, Building codes, shall be amended as follows: O. Building codes. The City's Adopted Building Code provides for flexibility in its application to historic structures. Section 3: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: Effect Upon Existing Litigation. This ordinance 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: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Section 6: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 7• A public hearing on this ordinance was held on the day of , at a meeting of the Aspen City Council commencing at 4:00 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 was 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 day of , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 2 of 3 • 0 FINALLY, adopted, passed and approved this _day of , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 3 of 3 • 0 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment does not conflict with any portion of Title 26. Staff believes there is a community interest in updating the code to fix outdated references. In addition, staff believes elimination of the HPC work session furthers community interest by ensuing all historic projects go through the same level of review and scrutiny in a public hearing. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The 2012 Aspen Area Community Plan includes a number of policy statements that support this code amendment. The plan states "The HPC's review process should be positive, productive and fair, with a high level of integrity, consistency and collaboration." The current work session format does not support this goal, as it prevents genuine neighbor engagement. Staff believes the proposed changes implement this policy statement by eliminating un-noticed meetings on site - specific projects. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to protect historic resources, while enabling a clear and consistent review process. Staff finds this criterion to be met. Exhibit A HPC Work Sessions, 2nd Reading — 5/4/2015 Page 1 of 1 Exhibit B: Code Amendment Redlines Chapter 26.415 HISTORIC PRESERVATION 26.415.110. Benefits. 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. 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. N d l t .Beat.,. that : eludes , o est f nE),.,. ., be..,,,s may 4. Floor area bonuses are cumulative. A property shall receive no more than 500 square feet total. O. Building codes. The City's Adopted Building Code provides for flexibility in its application to historic structures. in addition t the !BC, the City Exhibit B, Code Amendment Redlines Page 1 of 1 RESOLUTION NO. 37, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE HISTORIC PRESERVATION REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Historic Preservation Chapter of the land use code, including Historic Preservation Commission's work sessions, and updating outdated references; and, WHEREAS, the Community Development Director recommended changes to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No. 37, Series of 2015, by a five to zero (5 — 0) vote, requesting code amendments to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Obiective and Direction The objective of the proposed code amendments is to update the Historic Preservation regulations in the land use code. The following are the proposed changes: 1. Remove the HPC work session. 2. Establish criteria for temporary relocation of historic structures. 3. Update outdated reference. 4. Address utility transformer locations. Section 2• City Council directs staff to conduct the following public outreach prior to First Reading for code amendments related to utility transformer locations: a. Planning & Zoning Commission & Historic Preservation Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to Utilities, including Holy Cross Resolution No. 37, Series 2015 Page 1 of 2 • i Section 3: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• 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. FINALLY, adopted this 13"' day of April 2015. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No. 37, Series 2015 Page 2 of 2 "+Jyv S . 0 . AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ^ _ �✓ta'o✓tar�.� -A � C�D�,, Aspen, CO SCHEDULED PUBLIC HEARING DATE: rleno%•H M �-� @ 4yrr 2 01_.�7 STATE OF COLORADO ) SS. County of Pitkin ) 1, ,,-yam per[ (name, please print) being or represepAing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements -of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) -inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of .norice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26:a04,060(E)(2) ,ef the Aspeu-L*4 Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 20 day of 2Qr, by �ebt cy rem PUBLIC NOTICE RE:AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday May 4, 2015, at a meeting to begin at 4:00 p.m. before the Aspen City Coun- cil, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments to the text of the Land Use Code. The amendments address siting of utilities on private property, and revise Aspen Municipal Code Chapter 26.415, related to historic preservation, including worksessions and preser- vation benefits. For further information, contact Amy Simon at the City of Aspen Community De- velopment Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.simon®cityofaspen.com tv Steven Skadron iy- Aspen City Council Published in the Aspen Times on April 16, 2015 (11107653) WITNESS MY HAND AND OFFICIAL SEAL My commission expires Notary Public ACHMENTS AS APPLICABLE: • COPYOF THE PUBLICATION rrrwsr. KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 My Commission Expires February 16, 2016 • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE 097AERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE O iJ NERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 MEMORANDUM TO: Mayor and City Council FROM: Amy Simon, Historic Preservation Officer Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: HPC Work Sessions and Associated Code Amendments Ordinance 13, Series of 2015 MEETING DATE: April 27, 2015 (PH May 4, 2015) SUMMARY: The attached Ordinance amends the Historic Preservation portion of the code related to HPC work sessions and outdated references. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance on first reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Historic Preservation regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The City's Historic Preservation section of the Land Use Code (26.415) outlines the review process and code requirements for all historic landmarks. Staff is proposing a number of changes to address issues that have recently been raised. 1. Remove the HPC Work Session. The code currently requires any application requesting a floor area bonus as part of their historic project to meet with HPC in a work session prior to the application's formal HPC public hearing. These work sessions are non -binding, but are used by an applicant to gauge potential HPC support of the proposed project. Although a work session meeting is noticed in a manner consistent with the open meeting laws, because the topic of the work session is not published or posted, neighbors and other interested community members are often unaware they occur and are not able to provide their input at the initial design phase. When the formal public hearing comes, HPC Work Sessions Code Amendment, I" Reading 4/27/2015 Page I of 2 often the project has received detailed comments from HPC without the benefit of community input. Staff believes this creates an unfair situation for members of the community, as well as the applicant, and recommends removing the work session provision. All requests for floor area bonus would still be subject to the public hearing process, which is properly noticed. The proposed code amendment eliminates the work session requirement. 2. Update outdated references. The Historic Preservation Chapter (26.415) includes a reference to outdated building codes. The proposed code amendment updates the chapter to refer generally to the City's adopted building codes so it does not need to be updated every time the City adopts a revised building code. PUBLIC OUTREACH: Staff has discussed the merits of HPC work sessions with the Historic Preservation Commission, and they did not feel strongly about keeping or removing the work session option. Some architects expressed a desire to keep HPC work sessions, indicating they feel they often get helpful feedback during them. Others expressed frustration that because the work sessions are not binding they can't always rely on them. Staff believes that removing the work session will ensure a fairer process to everyone, particularly interested neighbors and community members. City Council approved a Policy Resolution supporting these code amendments at the April 13, 2015 meeting. A copy is attached as Exhibit C. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance on first reading. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. , Series of 2015, approving historic preservation related code amendments, on first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — —Staff Findings Exhibit B — Proposed Code Amendment Redlines Exhibit C — Approved Policy Resolution HPC Work Sessions Code Amendment, I't Reading 4/27/2015 Page 2 of 2 ORDINANCE No. 13 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE REMOVING UN -NOTICED UPC WORK SESSIONS AND OUTDATED BUILDING CODE REFERENCES. 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 prepare amendments to the Land Use Code related to the Historic Preservation Chapter of the Land Use Code, including Historic Preservation Commission's work sessions, and updating outdated references; 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 regarding the code amendment with the Historic Preservation Commission; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No.37, Series of 2015, requesting code amendments to the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code; 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, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City's goals as articulated in the 2012 Aspen Area Community Plan; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Pagel of 3 Section 1: Chapter 26.415.110(F) — Benefits, Floor area bonus, shall be amended as follows: [Subsections 1— 2 shall be unchanged] 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. [Subsection 4 shall be unchanged] Section 2: Chapter 26.415.110(0) — Benefits, Building codes, shall be amended as follows: O. Building codes. The City's Adopted Building Code provides for flexibility in its application to historic structures. Section 3: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: Effect Upon Existing Litigation. This ordinance 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: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. Section 6: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 7: A public hearing on this ordinance was held on the _ day of , at a meeting of the Aspen City Council commencing at 4:00 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 was 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 day of , 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 2 of 3 • FINALLY, adopted, passed and approved this day of .2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: .lames R. True, City Attorney Code Amendment — HPC Work Sessions Ordinance 13, Series 2015 Page 3 of 3 • 0 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three — Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment does not conflict with any portion of Title 26. Staff believes there is a community interest in updating the code to fix outdated references. In addition, staff believes elimination of the HPC work session furthers community interest by ensuing all historic projects go through the same level of review and scrutiny in a public hearing. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The 2012 Aspen Area Community Plan includes a number of policy statements that support this code amendment. The plan states "The HPC's review process should be positive, productive and fair, with a high level of integrity, consistency and collaboration." The current work session format does not support this goal, as it prevents genuine neighbor engagement. Staff believes the proposed changes implement this policy statement by eliminating un-noticed meetings on site - specific projects. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to protect historic resources, while enabling a clear and consistent review process. Staff finds this criterion to be met. Exhibit A HPC Work Sessions, I" Reading - 4/27/2015 Page 1 of 1 • 0 Exhibit B: Code Amendment Redlines Chapter 26.415 HISTORIC PRESERVATION 26.415.110. Benefits. 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. 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. N develeeffient avelieatienthat ineltides a FeEmest f .. flee.. e bentis 4. Floor area bonuses are cumulative. A property shall receive no more than 500 square feet total. O. Building codes. The hitei-iiatienal Bail ping Cede (IB City's Adopted Building Code provides for flexibility in its application to historic structures. in addifien to the !Bc, the Gity has adopted the lfitemationEil Existing Building Cede (1EJ3G) te assist owners in Makio— Exhibit B, Code Amendment Redlines Page 1 of 1 RESOLUTION NO.37, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE HISTORIC PRESERVATION REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Historic Preservation Chapter of the land use code, including Historic Preservation Commission's work sessions, and updating outdated references; and, WHEREAS, the Community Development Director recommended changes to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No. 37, Series of 2015, by a five to zero (5 — 0) vote, requesting code amendments to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed code amendments is to update the Historic Preservation regulations in the land use code. The following are the proposed changes: 1. Remove the HPC work session. 2. Establish criteria for temporary relocation of historic structures. 3. Update outdated reference. 4. Address utility transformer locations. Section 2• City Council directs staff to conduct the following public outreach prior to First Reading for code amendments related to utility transformer locations: a. Planning & Zoning Commission & Historic Preservation Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to Utilities, including Holy Cross Resolution No. 37, Series 2015 Page 1 of 2 0 • Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• 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. FINALLY, adopted this 13' day of April 2015. Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: Linda Manning, City Clerk James R True, City Attorney Resolution No. 37, Series 2015 Page 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner Amy Simon, Historic Preservation Officer THRU: Chris Bendon, Community Development Director RE: Policy Resolution: HPC Work Sessions and Associated Code Amendments Resolution 37, Series of 2015 MEETING DATE: April 13, 2015 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Historic Preservation portion of the code related to HPC work sessions and outdated references, as well as addressing temporary relocation of historic resources. The code amendment would also address design concerns related to the location of utility transformers. If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the regulations. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Historic Preservation and utility transformer location regulations of the City. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three -step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The City's Historic Preservation section of the Land Use Code (26.415) outlines the review process and code requirements for all historic landmarks. Staff is proposing a number of changes to address issues that have recently been raised. Remove the HPC Work Session. The code currently requires any application requesting a floor area bonus as part of their historic project to meet with HPC in a work session prior to the application's formal HPC public hearing. These work sessions are non -binding, but are used by an applicant to gauge potential HPC support of the proposed HPC Work Sessions Policy Direction 4/13/2015 Page 1 of 3 0 • project. Because these work sessions are not noticed, neighbors and other interested community members are often unaware they occur and are not able to provide their input at the initial design phase. When the formal public hearing comes, often the project has received detailed comments from HPC without the benefit of community input. Staff believes this creates an unfair situation for members of the community, as well as the applicant, and recommends removing the work session provision. All requests for floor area bonus would still be subject to the public hearing process, which is properly noticed. 2. Establish criteria for temporary relocation of historic structures. Staff and HPC have seen a rise in requests to temporarily relocate a historic structure off -site while a new basement is excavated. There are currently no criteria for this type of relocation. Staff proposes adding criteria to address special considerations that might be raised by this circumstance. 3. Update outdated references. The Historic Preservation Chapter (26.415) includes a reference to outdated building codes. Staff proposes updating the chapter to refer generally to the City's adopted building codes so it does not need to be updated every time the City adopts a revised building code. 4. Address transformer locations. Utility transformers are necessary to provide utility service to residences and commercial buildings. When properties are located adjacent to an alley, the transformer is required to be accessed from the alley. There are lots, particularly in residential areas, that have no access to an alley so the transformers are located elsewhere around the house. Recently staff has seen an increase in very large transformers being located in the front yard, often blocking important historic features of houses, or just generally impinging on the pedestrian nature of the area. Staff proposes creating additional standards for the location of transformers, particularly on historic properties. PUBLIC OUTREACH: Staff has worked with the Historic Preservation Commission on these issues, and the group supports the direction of the proposed amendment. Staff believes additional outreach to design professionals, as well as Holy Cross should be undertaken if Council supports moving forward with changes to transformer locations. This has been incorporated into the Policy Resolution STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2015, approving a Policy Resolution regarding historic preservation related code amendments." HPC Work Sessions Policy Direction 4/13/2015 Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Staff Findings HPC Work Sessions Policy Direction 4/13/2015 Page 3 of 3 RESOLUTION NO. 37, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE HISTORIC PRESERVATION REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Historic Preservation Chapter of the land use code, including Historic Preservation Commission's work sessions, and updating outdated references; and, WHEREAS, the Community Development Director recommended changes to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on April 13, 2015, the City Council approved Resolution No. 37, Series of 2015, by a five to zero (5 — 0) vote, requesting code amendments to the Historic Preservation regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Obiective and Direction The objective of the proposed code amendments is to update the Historic Preservation regulations in the land use code. The following are the proposed changes: 1. Remove the HPC work session. 2. Establish criteria for temporary relocation of historic structures. 3. Update outdated reference. 4. Address utility transformer locations. Section 2: City Council directs staff to conduct the following public outreach prior to First Reading for code amendments related to utility transformer locations: a. Planning & Zoning Commission & Historic Preservation Commission referral b. Informational outreach through the Community Development Newsletter c. Direct outreach to Utilities, including Holy Cross Resolution No. 37, Series 2015 Page 1 of 2 • Cl Section 3• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4• 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. FINALLY, adopted this 13`" day of April 2015. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R True, City Attorney Resolution No. 37, Series 2015 Page 2 of 2 0 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review — Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two — Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to fix outdated references, and to address new circumstances facing historic properties (utility transformers and temporary relocation). In addition, staff believes elimination of the HPC work session furthers community interest by ensuing all historic projects go through the same level of review and scrutiny in a public hearing. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a number of policy statements that support this code amendment. The plan states "The HPC's review process should be positive, productive and fair, with a high level of integrity, consistency and collaboration." The current work session format does not support this goal, as it prevents genuine neighbor engagement. Staff believes the proposed changes implement this policy statement by providing clear criteria for temporary relocation, eliminating un-noticed meetings on site -specific projects, and addressing design considerations related to utility transformers. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to protect historic resources, while enabling a clear and consistent review process. Staff finds this criterion to be met. HPC Work Sessions Policy Direction Exhibit A 4/13/2015 Page 1 of 1 6 • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: ��,,►��� ��l 13� 5'�ov,�, 20 l� STATE OF COLORADO ) SS. County of Pitkin ) I, (name, please print) being or reprd senting an Applicant to ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements'of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 11-Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) day_ s prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signat&e The foregoing "Affidavit of Notice" was acknowledged before me this L,�f day of , 20/T, bye WITNESS MY HAND AND OFFICIAL SEAL My commission expires: IU 1 30 1-:3 el�o-nnie- L. Notary Public LNOTARY ONNIE L. SHILESt NOTARY PUBLIC TATE OF COLORADO ID 20054038739 ATTACHMENTS AS APPLICABLE: ISSION ExPIRES OCTOBER 30, 2017 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 THE CITY OF ASPEN PUBLIC NOTICE RE: AMENDMENT TO THE CITY OF ASPEN LAND USE CODE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday April 13, 2015, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to determine if amendments to the text of the Land Use Code should be pursued. The potential amendments would address siting of utilities on private property, and would revise Aspen Municipal Code Chapter 26.415, related to historic preservation. For further information, contact Amy Simon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.simon@cityofaspen.com