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HomeMy WebLinkAboutcoa.lu.ca.0050.2008.ASLU130 S. GALENA ST 0050.2008.ASLU INTERIOR CODE AMENDMENT 273512446801 C V) �c-r ej '�cck,OAJ-A 9/4 C7A THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0050.2008.ASLU PARCEL ID NUMBERS 2735-12-4-46-801 PROJECT ADDRESS 801 CASTLE CRK PLANNER SARA ADAMS CASE DESCRIPTION INTERIOR CODE AMENDMENT REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 10/22/09 CLOSED BY ANGELA SCOREY ON: 12/16/2015 273 S - 1-2 -1t-' � s� 2"I 3 7 �- 6-7- 3 - r D D� D ZDD� "As" 5f IN1131E File Edit Record Navigate Form Reports Format Tab Help Main Valuation Custom Fields Actions Fees Parcels Fee Summary Sub Permits Attachments Routing Status Routing Fkstory Permit Type laslu - Aspen Land Use Permit # 0050.2008.ASLU — Address 1130 5 GALENA 5T AptJSuite City JA5PEN State CO--�] Zip F1611 Permit Information Master Permit F, Routing Queue aslu07 Applied 01227/2008 Project F J Status pending Approved F Description r RIOR CODE AMENDMENT Issued F Final F Submitted I Clock [Running Days F 0 Expires IOf2212009 Owner I Last Name CITY OF ASPEN Phone Owner Is Applicant? Applicant Last Name CITY OF ASPEN Phone Lender Last Name Phone First Name CITY HALL 130 5 GALENA ST ASPEN CO 81611 J First Name ICITY HALL 130 5 GALENA ST Cust # 28434 J ASPEN CO 81611 First Name AspenGoldlbj — Record: 1 of 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF�PROPERTY: P„ i - - L SCHE ULED PUBLIC HEARING DATE: JUAMtj , 200 1b STATE OF COLORADO ) ss. County of Pitkin ) Aspen, CO I, k Amw) (name, please print) being or representing 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 and was continuously visible from the day of , 200_, 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. (continued on next page) 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. /iggnatu4�1 The foregoing "Affidavit of Notice" was acknowledg d before me thisay of , 200 9, by �s r W v.TA Y3 eta°•`� G QC-) My Comrrdssai ExF:;es 02/25009 WITNESS MY HAND AND OFFI(C-�IaAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: CITY MENDMENTS COUNCILINITIATE °"D USE CODE TO CHAPTER 26' ublic hearing NOTICE IS HEREBY GIVEN that a P6 2008the , at a Witt be held on Tuesdaj-, p. nary to begien n t�9'33 " befor sisters sCity meeting ZZ Commrs$1On' to con Hall, 130 S; Galena St.. Aspen, planning and that adopts Room, C¢Y Council initiated ordmnt r landmarks Sider a City ter 26 ° regulatons eno to historic Chapter of Historic throughthe Aspen Inventory ment in opment Involving District-" 01 The proposed Landmark Site and Structures or Deve op commercial ore morn an 'H' Historic Overlay of 2006 that was amendments relate 1#S�h $enes tonum, Ordinance ra Adams at the Footled er int r er 12, 2� ment Depart en C0 un t Devel en, CO, (970) For fuofMAsP formation, contact City 130 S. Galena St., usP men', ci aspen.co.us. g2g2778'r�® al Dylan Johns, Chair Aspen P18nnIn9 and Zoning Commission i7 rte�Ti ) mes Weekly on Decem Published bet 30, 2007. V1 It) MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Preservation Planner THRU: Chris Bendon, Community Development Director DATE OF MEMO: October 28, 2008 MEETING DATE: November 10, 2008 RE: Commercial Core Moratorium/ Historic Interior Preservation 121 Code Amendments, First Reading of Ordinance # series of 2008. l " Second Reading is scheduled for December 8, 2008. REQUEST OF COUNCIL: Staff requests action from Council regarding designation of historic interior landmarks as part of the Commercial Core Moratorium. Staff proposes that Council consider taking action on one of the following three options: 1.) Adopt an amendment to the Land Use Code authorizing the designation of interior Landmarks; t 2.) Extend the Moratorium six months to allow the Historic Preservation Task Force more time to discuss interior designation; or 2.) Not take any action and permitting the Moratorium to expire on December 10, 2008. SUMMARY OF MORATORIUM: Owners of historic landmarks located in the Commercial Core Historic District who need to submit an interior building permit during the interior moratorium have the option to enter into a written agreement with the City to preserve specific interior historic elements. The Red Onion is the only interior that entered into a written agreement with the City to gain exemption from the moratorium. Work is currently underway to restore specific historic elements in the bar area. Staff compiled case studies from other municipalities, and continues to work on the restoration of the Red Onion. This research and experience are the basis for the specific criteria that Staff developed. BACKGROUND: On December 12, 2006, City Council adopted Ordinance #51, Series of 2006, a moratorium on obtaining a building permit for interior work in the Commercial Core 1 This would require a one month extension of the Moratorium to allow adequate time for the Ordinance to take affect. Revised 10/29/2008 councilfirstreadingINTERIORSnov 1 O.doc Page 1 of 6 i 0 Historic District. One aspect of Ordinance #51 included "preserving current vitality, character, and history of the City's central business area." At that time, Council directed Staff to research interior landmark designations. Staff introduced interior designation criteria during two City Council worksessions in the first quarter of 2007. Code amendments regarding interiors were put on hold during the Ordinance #30/48 discussions. Council's disposition on Ordinance #48 was to postpone further designations until the Task Force completes its work. The Historic Preservation Commission and the Planning and Zoning Commission reviewed and unanimously recommended approval of the Code Amendments in December 2007 and January 2008.2 Staff met with City Council on January 8, 2008 during a worksession to determine how to proceed before the expiration of the moratorium on June 10, 2008.3 Council requested that the Task Force make a recommendation to City Council regarding the designation of interiors in Aspen. The Task Force began meeting in March of this year. The first three months of the Task Force involved education on historic preservation. Subsequently, they developed their work program and broke into subcommittees that deal with different topics. The subcommittee charged with historic interiors, among many other issues, formulated in September. A recommendation from the subcommittee is expected on November 6, 2008,4 and the full Task Force is asked to make a recommendation to City Council regarding interior designation during the November 13th and November 20`h scheduled meetings.s DISCUSSION: In 1972 a citizen's group named "Save the Victorians" encouraged City Council to adopt an historic preservation ordinance. Aspen became one of the first communities in the state, and municipalities in the nation, to adopt historic preservation regulations. Since 1972, Aspen has been at the forefront of preservation practice: for example, Aspen and Pitkin County adopted the first mandatory historic preservation contractor licensing program in the country in 1999.6 Amending the Code to permit interior designation is a logical next step to preserving Aspen's heritage. There do not seem to be many qualitative distinctions between interior and exterior spaces, with the exception that many interior spaces often provide better examples of technical skill and architectural excellence. Interiors have the ability to convey a more defined sense of place than many exteriors. Staff believes that only a few intact potentially historic interiors with public accessibility exist in Aspen. 2 Planning and Zoning Resolution No. 3, Series of 2008, Exhibit B. Minutes from the Planning and Zoning Commission meetings are attached as Exhibit C. 3 The moratorium was extended another 6 months. It is set to expire on December 10, 2008. 4 Staff will present subcommittee comments to City Council on November 10, 2008. 5 Second reading of this Ordinance is scheduled for December 10, 2008. 6 Exhibit D includes a timeline of Aspen's Historic Preservation Program. A comprehensive survey of interiors that may have historic significance should be undertaken as soon as possible, as well as, the development of design guidelines for historic interiors. Revised 10/29/2008 councilfirstreadingINTERIORSnov 1 O.doc Page 2 of 6 ! 0 INTERIOR DESIGNATION CONCEPTS: Interior designation addresses specific architectural elements, construction techniques and defined spaces (i.e. floor plans) within an already designated exterior landmark. Based on previous court decisions, a designated historic interior must be customarily accessible to the public in order to have a valid public purpose. Staff examined interior designation criteria adopted by other municipalities and the recent experience with the Red Onion interior to develop the proposed code amendments. Telluride, in terms of a small Colorado town with Victorian era heritage, is the most relevant example to Aspen. Telluride: Telluride currently has four designated interiors- two are City owned (courthouse and Telluride historic museum) and two are privately owned (Sheridan Hotel and Sheridan Opera House). Comprehensive surveys were completed for each interior in 1988 and again in 1997 to identify important historic elements. The Historic and Architectural Review Committee (HARC) has purview over the entire interior, and uses the National Park Service Rehabilitation standards in conjunction with the comprehensive surveys to review alterations and renovations of the interior. Unlike Aspen, the entire town of Telluride is an historic district with one specific period of significance, 1878 — 1913. Simplicity and consistency with Victorian era style are general philosophies in Telluride for alterations. The HARC is more flexible with changes to portions of an interior that are not historic; however, they must be compatible with the historic elements. Red Onion, Aspen: Staff has been working with the property owners of the Red Onion since spring 2007 to rehabilitate the historic Red Onion bar. Using historic photographs, Staff identified the historic elements in the bar area, which were subsequently included in the building agreement made between the City of Aspen and the property owners. The HPC made a recommendation regarding the preservation and conservation (i.e. techniques used for preservation) of these elements. Unlike Telluride's regulations, HPC's purview was limited to specific elements in the historic bar area at the front of the building and did not include the elements or layout of the rear area of the building. New York City designates specific interior spaces, for example: the lobby and a few of the lounges in the Plaza Hotel are designated interior landmarks, while the remainder of the interior is not designated. The New York City Landmark Preservation Commission does not have purview over the non -designated rooms in the Plaza Hotel. The Red Onion is a good working example of the details required for interior designation. Each specific historic element was identified, documented and is currently being restored. New light fixtures, tables and benches are designed for both the historic bar and the rest of the restaurant, which will replace many non -historic elements. Because the Red Onion owners entered into a building agreement with the City regarding the preservation of specific elements, the HPC and Staff did not have purview over the new fixtures in the historic space. There is currently no authority for the designation of interior in Aspen. It is important to maintain consistency in an Revised 10/29/2008 councilfirstreadingINTERIORSnov 1 O.doc Page 3 of 6 historic space by introducing new compatible fixtures and furnishings. Many municipalities accomplish consistency and compatibility through the interior designation review process. OVERVIEW OF PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities and the National Park Service Secretary of the Interior's Standards for interior rehabilitation. There must be a certain degree of intact integrity for an interior to qualify for designation. The exterior must be a designated landmark and the interior must be customarily accessible to the public. In terms of process, the landmark review process for interiors mirrors the process for exteriors, as does the review process for alterations and additions. PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities. Below is a summary of the primary Code amendments proposed in the Ordinance.8 26.415.20 Definitions: Staff proposes to add three definitions to clarify new language included in the proposed code amendments. 26.415.030.0 Criteria for Designation of an Interior Landmark. To be eligible for interior designation the interior must meet part 1 and part 2 of this section: the property must already be a designated exterior landmark and the interior must be accessible to the public. According to previous court decisions, an interior must be accessible to the public to have a valid public purpose. Part 3 of this section addresses the integrity and significance of the interior space to local, state and national heritage. The proposed criteria are adapted from municipalities with developed interior designation programs. The Planning and Zoning Commission recommends that HPC have the ability to add significant elements to the designation report that are discovered during construction, rehabilitation, or restoration, and are not otherwise identified in the designation report through the adoption of a resolution. This was the approach undertaken with the Red Onion renovation. The Planning and Zoning Commission recommends that the language proposed in Section 26.415.030.C.2 be clarified to include language such as: "The interior is customarily open or accessible to the public, or to which the public is customarily invited, which may include but is not limited to hotel rooms and members only dining clubs." The intent of adding this language is to offer examples that may help people understand how the regulation applies. 26.415.030.E Review, Public Hearings and Notice. In terms of process, the landmark review a Staff proposes some clerical changes to Chapter 26.415 that are included in the attached Resolution. Revised 10/29/2008 councilfirstreadingINTERIORSnov 10.doc Page 4 of 6 9 0 process for interiors mirrors the process for exteriors. The main difference between interior and exterior designations is that HPC shall define the interior space to be designated in a recommendation to City Council, while exterior designation is typically defined by the parcel boundaries. It is important to define both the space that is designated historic and the historic finishes significant to the interior to clearly distinguish the purview of the HPC for future alterations and restorations to the designated interior. The Historic Preservation Task Force is currently addressing whether landmark designation should be voluntary or involuntary. At this point in time, Staff recommends that the proposed Code Amendment reflect the language currently in the Land Use Code, which states that the designation process can be initiated by Community Development Director, HPC or City Council. This language already exists in the Land Use Code for historic exterior landmarks. Adopting the amendment as proposed will grant authority to designation interior landmarks. Currently, there are no plans to designate any interior landmarks. 26.415.060. B. Effect of Designation. Design Guidelines. Staff proposes to use the National Park Service Rehabilitation Standards and Preservation Briefs9 for guidance regarding alterations until the Historic Preservation Design Guidelines are updated to include interiors. Many municipalities use the National Park Service documents in place of Design Guidelines. 26.415.070 Development Involving Designated Historic Property. Staff proposes that interior alterations be considered a Minor Development application, unless the project includes exterior modifications, which would then be considered a Major Development application. Alterations that do not adversely impact the character or features of the historic interior can be processed administratively as a "Certificate of No Negative Effect." This type of administrative approval expedites specific interior changes by eliminating the requirement of a formal HPC hearing. 26.415.100.A Demolition by neglect. Standards for reasonable care and upkeep. This section of the Code outlines standards for the reasonable maintenance of a designated landmark. Staff proposes to add a section specific to the maintenance of historic elements within an interior landmark to protect the significant features from destruction. NEXT STEPS: A consultant needs to be contracted to inventory interiors that potentially qualify for interior designation. After a survey is complete and depending on Council policy direction, each interior will need to go through a designation process to gain landmark status. This process is similar to exterior landmark designation process: a recommendation from HPC to City 9 Exhibit E is one of the National Park Service publications typically used for changes to historic interiors. Revised 10/29/2008 councilfirstreadingINTERIORSnov 1 O.doc Page 5 of 6 0 0 Council. Interior designation is not limited to the Commercial Core Historic District; it applies to the entire City of Aspen. LAND USE REQUESTS AND REVIEW PROCEDURES: Staff is requesting the following from City Council: ■ Determination if application to amend Code text meets Standards of Review pursuant to Land Use Code Chapter 26.310.040 Standards of Review RECOMMENDATION: Staff recommends approval of this Ordinance as presented because Staff believes that only a few intact, publically accessible interiors exist in Aspen. Currently, there is no authority for interior landmark designation that would allow an owner to voluntarily designate an interior. The proposed amendments would provide basic framework to allow interior landmarks. The Moratorium has been in place for two years, slowing down many projects in the Commercial Core. Staff suggests any extensive further analysis be done after adopting the framework for interior designation. Exhibits: A - Standard of Review for Code Amendments, Section 26.310.404. B - Planning and Zoning Resolution No. 3, Series of 2008. C - Minutes from the Planning and Zoning Commission meetings. D - Timeline of Aspen Historic Preservation Program. E - National Park Service Publication, Preservation Brief # 18 "Rehabilitating Interiors in Historic Buildings: Identifying and Preserving Character Defining Elements." Revised 10/29/2008 councilfirstreadingINTERIORSnov 1 O.doc Page 6 of 6 0 0 i24P ORDINANCE No. (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS CHAPTER 26.415 "DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN `H' HISTORIC OVERLAY DISTRICT" OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE WHEREAS, the City Council of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the designation of interior landmarks, pursuant to sections 26.415; and, WHEREAS, the amendments requested relate to the following Chapter of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.415 — Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H" Historic Overlay District; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the amendments requested relate to Chapter 26.415 "Development In- volving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" of the Land Use Code, Title 26 of the Aspen Municipal Code; and, WHEREAS, the purpose of Chapter 26.415 of the Land Use Code, Title 26 of the As- pen Municipal Code is to promote the public health, safety and welfare through the protec- tion, enhancement and preservation of those properties, areas and sites which represent dis- tinct elements of Aspen's cultural, educational, social, economic, political and architectural history; and, WHEREAS, the designation of interior landmarks in the City of Aspen promotes the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent distinct elements of Aspen's cultural, edu- cational, social, economic, political and architectural history; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, Ordinance No. Series 2008 Page 1 of 19 0 • WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Historic Preservation Commission, during their regular meeting on January 9, 2008, by a vote of seven to zero (7 — 0) recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to Chapter 26.415 on January 15, 2008 took and consid- ered public testimony and the recommendation of the Community Development Director and recommended, by a seven to zero (7 — 0) vote, City Council adopt the proposed amend- ments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein; and, WHEREAS, the amendments to the Land Use Code are delineated as follows: ■ Text being removed is bold red and strikethrough. Text being rentoyed look lake this. ■ Text being added is bold green and underline. Text being added looks like this. ■ Text which is not highlighted is not affected. WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identi- fied herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen City Council amends Chapter 26.415— "Development Involving the Aspen Inventory of Historic Landmark Sites and Ordinance No. _ Series 2008 Page 2 of 19 0 Structures or Development in an `H' Historic Overlay District" by the inclusion of the fol- lowing terms and definitions (indicated in green and underlined): 26.415.020 Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Interior: Any element situated within the exterior walls of a building, which in- cludes and is not limited to interior exposed structural systems, room/floor layout and visible surfaces. Interior designated landmark: An interior that is listed on the Aspen Inventory of Historic Landmark Sites and Structures. Interior elements: Interior elements important in defining the overall character of the building include but are not limited to: bar, safe, fixed furniture, columns, cor- nices, baseboards, fireplaces and mantles, trim, signs, ceiling materials, paneling, light fixtures, hardware, flooring, wallpaper, plaster, paint, finishes such as stencil- ing, marbling, graining, historic graffiti, and other decorative materials that accent interior features. Section 2: Section 26.415.030 of the Aspen Municipal Code shall be amended as follows: Sec. 26.415.030. Designation of historic properties. 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, inte- riors and objects located in the City that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. The loca- tion of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. B. Criteria for designation of a property or district. To be eligible for designa- tion on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will 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 de- scribed below: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, de- sign, materials, workmanship and association, given its age; or Ordinance No. _ Series 2008 Page 3 of 19 0 • 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) years prior to the year in which the application for designation is being made, pos- sesses sufficient integrity of location, setting, design, materials, workmanship and association and is related to one (1) or more of the following: a. An event, pattern or trend that has made a significant contribution to lo- cal, state, regional or national history, b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under Para- graph 2 above, if the application has been filed by the owner of the property at the time of designation or, when designating an historic district, the majority of the contributing resources in the district meet the thirty-year age criterion described above. 4. The construction date of a property shall be established by the date of issu- ance of the earliest building permit for the subject structure found in the records of the Community Development Department. If there are no building permit records available, the building shall be assumed to be, in whole or in part, at least thirty (30) years old. 5. The Historic Preservation Commission shall adopt, maintain and make avail- able to the public guidelines, score sheets and other devices used by the Commis- sion to apply the criteria set forth in this Chapter to properties potentially eligible for in- clusion on the inventory. C. Criteria for Desiknation of an Interior Landmark To be eligible for interior designation on the Aspen Inventory of Historic Landmark Sites and Structures an indi- vidual building must have a demonstrated quality of significance. The significance of interior spaces shall be evaluated according to the following criteria below: 1. The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, 2. The interior is customarily open or accessible to the public, or to which the public is customarily invited; and, 3. The interior demonstrates adequate integrity of design, materials, and workmanship, and is related to one or more of the following_ Ordinance No. _ Series 2008 Page 4 of 19 0 a. Contains physical interior spaces, features, finishes and/or struc- tural systems representative as part of the development, heritage or cultural characteristics in local, state, or national history, such as: i. Exposed structural systems (i.e. wood beams, posts, stone foundation walls) that are characteristic of construction and contribute to the overall significance of the building's his- toric character; or ii. A sigLi fi_cant amount of historic interior finishes, as de- scribed in the definition of interior finishes, which contrib- ute to the overall significance of the building's character; or b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important; or c. Represents an important event, pattern, or trend in local, state or national histor-,% D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an ap- plication for designation of a building, district, site, structure or object on the As- pen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property, interior or collection of properties shall include the fol- lowing: 1. The applicable information required in Paragraphs 26.3 04.03 O.B. L, 2., 3. and 4. 2. Site or historic district boundary map. 3. Property, interior or district description, including narrative text, photo graphs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character -defining features that distinguish the entity which should be preserved. 6. Detailed floor plans and photographs are required for interior designation applications. A E. Review, Public Hearings and Notice. 4. The HPC shall evaluate the application to determine if the property, interior 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 informa- tion about eligibility for designation. When designating an interior, the HPC shall identify the specific interior finishes, elements and spaces that are considered his - Ordinance No. _ Series 2008 Page 5 of 19 0 L toric and meet the criteria listed in 26.415.030.C.3. The HPC may recommend ap- proval, disapproval or continuance of the application to request additional informa- tion necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Section 3: Section 26.415.040 of the Aspen Municipal Code shall be amended as follows: Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior 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. Section 4: Section 26.415.050 of the Aspen Municipal Code shall be amended as follows: Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a property-4 d/or interior 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 and/or interior from the inventory. A parcel created through an historic Landmark lot split can- not 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 can- not 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) Section 5: Section 26.415.060 of the Aspen Municipal Code is amended as follows: Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual build- ing, interior or located in an historic district, unless determined exempt, requires the ap- proval 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 Ordinance No. _ Series 2008 Page 6 of 19 0 • 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 his- toric and architectural character of designated properties and districts. The stan- dards apply to the exterior features and/or notable streetscape and landscape ele- ments of the designated historic property and/or district. These guidelines are in- tended to offer assistance to property owners undertaking construction, rehabilita- tion, alterations, changes in exterior appearance or any other development involving designated historic properties or districts. The guidelines will be periodically re- viewed 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 appro- priateness. Conformance with the applicable guidelines and the common develop- ment review procedures set forth in Chapter 26.304 will be necessary for the ap- proval of any proposed work. 3. The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the Interior Na- tional Park Service shall apply to designated interior landmarks until such time that design guidelines specific to interior preservation are adopted. C. Special consideration. 1. To preserve and maintain the historic and architectural character of desig- nated properties and/or interiors, 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 cer- tain exceptions from the International Building Code (IBC) 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 eco- nomic 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) Section 6: Section 26.415.070 of the Aspen Municipal Code shall be amended as follows: Sec. 26.415.070. Development involving designated historic property. No building or structure shall be erected, constructed, enlarged, altered, repaired, relo- cated or improved involving a designated historic property, interior or district until plans or sufficient information have been submitted to the Community Development Director Ordinance No. _ Series 2008 Page 7 of 19 0 • and approved in accordance with the procedures established for their review. An appli- cation for a building permit cannot be submitted without a development order. A. Exempt development. 1. The followin exemptions xemptions that do not require development review proce- dures apply only to properties that are not designated interior landmarks: selected preeedufes ineluding 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 Com- munity Development Director shall make the determination as to its eligibility. B. Certificate of no negative effect. 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 or designated interior. An application for a certificate of no effect may be approved by the Community Development Director with no further review if it meets the re- quirements 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 re- ceipt of a complete application if. mg: 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 follow - 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. Ordinance No. _ Series 2008 Page 8 of 19 4. The following work shall be considered for a Certificate of No Negative Ef- fect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building, designated interior land- mark or structure. b. Replacement or repair of architectural features that restores the build- ing 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 char- acter of the property. e. Mechanical equipment or accessory features that have no impact on the character -defining features of the building or structure. 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 fagades of a designated building. i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or similar significant features. j. Additions or alterations to nonhistoric elements within a designated inte- rior landmark such that there is no adverse impact on the historic character of the interior. 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 ap- ply 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 De- velopment Director that the proposed project constitutes a minor development. Minor development work includes: Ordinance No. _ Series 2008 Page 9 of 19 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 fagade, windows, doors, roof planes or mate- rial, exterior wall materials, dormer porch, exterior staircase, balcony or or- namental 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, cano- pies, mechanical equipment, fencing, signs, accessory features and other at- tachments 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 non -historic portions of a designated his- toric property or designated interior landmark that do not qualify for a cer- tificate of no negative effect or e. The erection of street furniture, signs, public art and other visible im- provements within designated historic districts of a magnitude or in numbers such that the cumulative impact does not allow for the issuance of a certifi- cate of no negative effect. f. Alterations, reconstruction, rehabilitation, or removal of elements within designated interior landmarks when the work does not qualify certificate of no negative effect. 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 con- sidered 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 relation- ship to the designated historic buildings, structures, sites and features within its vicinity. c. An accurate representation of all existing and proposed building materi- als, site improvements. lighting 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: Ordinance No. _ Series 2008 Page 10 of 19 a. The Community Development Director will review the application ma- terials 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 ana- lyzes the proj ect's conformance with the design guidelines and other applica- ble Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to ap- prove, disapprove or approve with conditions and the reasons for the recom- mendation. 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 con- tinue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall is- sue a certificate of appropriateness and the Community Development Direc- tor 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 accor- dance with the procedures set forth in Chapter 26.316. D. Certificate of appropriateness for major development. 1. The review and decision on the issuance of a certificate of appropriateness for major development shall begin with a determination by the Community De- velopment 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 fagade includ- ing its windows, doors, roof planes or materials, exterior wall material, dor- mers, 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 devel- opment. 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. Ordinance No. Series 2008 Page 11 of 19 • a. An application for a conceptual development plan shall include the fol- lowing: (1) The general application information required in Section 26.304.030. (2) A site plan and survey showing property boundaries, the loca- tion 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, propor- tions 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 dis- trict 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 ma- jor development projects are as follows: (1) The Community Development Director shall review the ap- plication materials submitted for conceptual or 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 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 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 Guide- lines. Ordinance No. _ Series 2008 Page 12 of 19 P� (3) The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information neces- sary to make a decision to approve or deny. c. The effect of approval of a conceptual development plan is as fol- lows: (1) Approval of a conceptual development plan shall not con- stitute final approval of a major development project or permis- sion 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 propor- tions. No changes will be made to this aspect of the proposed de- velopment by the HPC as part of their review of the final devel- opment plan unless agreed to by the applicant. If the applicant chooses to makes substantial amendments to the conceptual de- sign after it has been approved, a new conceptual development plan hearing shall be required. (3) Unless otherwise specified in the resolution granting con- ceptual 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 dis- cretion 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: (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. Ordinance No. _ Series 2008 Page 13 of 19 0 (3) An accurate representation of all major building materials to be used in the development, depicted through samples or photo- graphs. (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. (5) A detailed site plan and landscape plan illustrating existing and proposed walkways, planting, and site rgradim b. The procedures for the review of final development plans for major de- velopment projects are as follows: (1) The Community Development Director shall review the ap- plication 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 sched- uled. 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 evi- dence 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 Commu- nity 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 ap- proval or outstanding issues which must be addressed in the field or at a later time shall be noted on the plans. Ordinance No. _ Series 2008 Page 14 of 19 0 • E. Amendments, insubstantial and substantial There are two processes for amend- ing plans approved pursuant to a development order and an associated certificate of ap- propriateness. All requests for amendments, insubstantial or substantial, must be in writ- ing 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 construc- tion that could not have been reasonably anticipated during the ap- proval process or (2) Are necessary for conformance with building safety or acces- sibility codes and do not materially change the approved plans or (3) Approve specific building materials, finishes, design of or- namental trim and other such detail not provided in the HPC ap- proved 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 as- sign, 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 ap- pealed to the HPC to be considered in accordance with the procedures for sub- stantial 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. Ordinance No. _ Series 2008 Page 15 of 19 • b. An application for a substantial amendment shall include the following materials, as determined appropriate by the Community Development Direc- tor: (1) A revised site plan. (2) Revised scaled elevations and drawings. (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 ma- terials submitted for approval of a substantial amendment and waive any sub- mittals 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 ana- lyzes the extent of the changes relative to the approved plans and how the pro- posed 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, dis- approve, approve with conditions or continue the application to obtain addi- tional information necessary to make a decision to approve or deny. (Ord. No. 1-2002, § 7 [part]; Ord. 43, 2004, § 3) Section 7: Section 26.415.100 of the Aspen Municipal Code shall be amended as follows: Sec. 26.415.100. Demolition by neglect. A. Standards for reasonable care and upkeep. 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 compro- mise the building's structural integrity or as to create or permit the creation of Ordinance No. _ Series 2008 Page 16 of 19 0 any hazardous or unsafe condition to life, health or other property. These fea- tures 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 mem- bers 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, in- cluding 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 archi- tectural details that cause delamination, instability, loss of shape and form or crumbling. i. Deterioration, decay or damage of historic elements within a designated interior landmark that compromise the historic character of the interior and could result in the loss of the historic element. B. Enforcement procedures. 1. The HPC may file a petition listing specific defects, in accordance with Sub- section 26.415.110.A, with the Chief Building Official, requesting that the offi- cial 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 rea- sonably be accomplished, then written notification of the specific defects pur- ported 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 identi- fied defects. In the written notification the Chief Building Official shall docu- ment 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 in - Ordinance No. Series 2008 Page 17 of 19 spection, the Chief Building Official and the HPC Officer shall within ten (10) working days conduct an 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 pur- pose 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 deter- mination if there are any corrections required pursuant to Subsection 26.415.110.A. I 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 ele- ments 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 Hear- ing 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]) Section 8• 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 ordi- nances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9• 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 Ordinance No. Series 2008 Page 18 of 19 portion shall be deemed a separate, distinct and independent provision and shall not af- fect the validity of the remaining portions thereof. Section 10• That 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 11 A public hearing on the Ordinance shall be held on the 8th day of December, 2008, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 12: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of November, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _th day of .2008. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor Ordinance No. _ Series 2008 Page 19 of 19 0 Exhibit A Land Use Code Section 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 proposed amendment is consistent with the purpose and intent of Land Use Code Chapter 26.415 "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District," which states that the purpose of the preservation program 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." Staff finds that adopting framework to authorize the designation of interior landmarks meets the purpose and intent of the historic preservation program. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: The proposed amendment is consistent with the AACP, specifically the Historic Preservation chapter that emphasizes the connection between tourism and Aspen's unique heritage and the idea that we are stewards of our heritage for future generations. Adopting criteria to authorize the designation of interior landmarks creates a framework to protect the few remaining examples of historic interiors for education and enjoyment of present and future generations. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: N/A 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: N/A councilExhibit A.doc Page 1 of 2 G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Response: Staff finds that interior designation is consistent and compatible with Aspen's community character. The Amendment will permit the preservation of historic interiors that can perpetuate the understanding and experience of Aspen's history. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: N/A 1. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Response: The Amendment before Council creates the framework and authority for the designation of interiors. For a property to be listed as a designated interior, a formal review process is required with public hearings at the Historic Preservation Commission and the City Council. Staff finds that the Amendment is in harmony with the purpose and intent of the Land Use Code and is not in conflict with the public interest. The Historic Preservation Task Force is working toward a recommendation to City Council regarding the entire historic preservation program. Staff recommends that the Amendment be adopted now, since the moratorium has been in place for two years and expires on December 10, 2008. Changes to the Historic Preservation Chapter of the Land Use Code that result from Task Force recommendations can address or "clean up" the proposed new interior designation section. councilExhibit A.doc Page 2 of 2 • Exhibit B Planning and Zoning Resolution No. 3 of 2008 Resolution No. 3 (Series of 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 26.415 "DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN `H' HISTORIC OVERLAY DISTRICT" OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: WHEREAS, the City Council of the City of Aspen directed the Community Develop- ment Director to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to Chapter 26.415 "Development In- volving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" of the Land Use Code, Title 26 of the Aspen Municipal Code; and, WHEREAS, the purpose of Chapter 26.415 of the Land Use Code, Title 26 of the As- pen Municipal Code is to promote the public health, safety and welfare through the protec- tion, enhancement and preservation of those properties, areas and sites which represent dis- tinct elements of Aspen's cultural, educational, social, economic, political and architectural history; and, WHEREAS, the designation of interior landmarks in the City of Aspen promotes the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent distinct elements of Aspen's cultural, edu- cational, social, economic, political and architectural history; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Historic Preservation Commission, during their regular meeting on January 9, 2008, by a vote of seven to zero (7 — 0) recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to Chapter 26.415 on January 15, 2008 took and consid- ered public testimony and the recommendation of the Community Development Director and recommended, by a seven to zero (7 — 0) vote, City Council adopt the proposed amend- ments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein; and, Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doe Page 1 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 WHEREAS, the amendments to the Land Use Code are delineated as follows: ■ Text being removed is bold red and strikethrough. 'Text being reFlioved leaks like this. ■ Text being added is bold green and underline. Text being added looks like this. ■ Text which is not highlighted is not affected. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Chapter 26.415— "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" by making the following deletions (indicated in orange with a strikethrough) and additions (indicated in green and underlined): 26.415.020 Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Interior: Any element situated within the exterior walls of a building, which in- cludes and is not limited to interior exposed structural systems, floor plans and visi- ble surfaces. Interior designated landmark: An interior that is listed on the Aspen Inventory of Historic Landmark Sites and Structures. Interior finishes: interior finishes important in definine the overall character of the building include but are not limited to: built in features, columns, cornices, base- boards, fireplaces and mantles, trim, signs, ceiling materials, paneling, light fixtures, hardware, floorin , wallpaper, plaster, paint, finishes such as stenciling, marbling, graining, historic graffiti, and other decorative materials that accent interior fea- tures. Sec. 26.415.030. Designation of historic properties. A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The Aspen Inventory of Historic Landmark Sites and Structures has been estab- lished by City Council to formally recognize those districts, buildings, structures, sites, interiors and objects located in the City that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 2 of 8 r Exhibit B Planning and Zoning Resolution No. 3 of 2008 culture. The location of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. B. Criteria ur• designation ol'a property or district. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or ob- jects must have a demonstrated quality of significance. The significance of proper- ties will be evaluated according to the following criteria. When designating an his- toric district, the majority of the contributing resources in the district must meet the criteria described below: C. (.Titer-io lbr De.signatioti nfati inter-ior landmark To be eligible for interior des- it?,nation on the Aspen inventory of Historic Landmark Sites and Structures an indi- vidual building must have a demonstrated quality ot_si€,nificance, The significance of interior spaces shall be evaluated according to the following criteria below: 1. The subject property is listed on the Ashen Inventor' of Historic Landmark Sites and Structures: and, 2. The interior is customaries open or accessible to the public, or to which the public is customarily invited, and. 3. The interior demonstrates adequate integrity of design. materials, and workmanship and is related to one or more of the following: a. Contains physical interior spaces features. finishes and/or struc- tural systems representative as part of the development, heritage or cultural characteristics in local state. or national history, such as: i. Exi used structural systems (i.e. wood beams, posts. stone inundation walls) that are characteristic of construction and contribute to the overall significance of the building's his- toric character, or i1. A significant amount of historic interior finishes, as de- scribed in the definition of interior finishes, which contrib- ute to the overall significance of the building's character: or b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or designphilosophy that is deemed important, Or c. Represents an important event patternor trend in local state or national history. E D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPQ or the City Council may file an ap- plication for designation of a building, district, site, structure or object on the As- pen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property, interior or collection of properties shall include the fol- lowing: 1. The applicable information required in Paragraphs 26.304.030.B.1., 2., 3. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 3 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 and 4. 2. Site or historic district boundary map. 3. Property. interior or district description, including narrative text, photo- graphs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character -defining features that distinguish the entity which should be preserved. 6 Detailed floor plans are required for interior designation applications. I i E. Review, Public Hearings and Notice. 4. The HPC shall evaluate the application to determine if the property, interior 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 informa- tion about eligibility for designation. When designating an interior. the HPC shall identitythe specific interior Finishes elements and spaces that are considered his- toric and meet the criteria listed in 26.415.030.C.3. The HPC may recommend ap- proval, disapproval or continuance of the application to request additional informa- tion necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior 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. Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a property and/or interior 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 prop- erty no longer meets the criteria for designation and, if so, shall remove the property and/or interior 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 inven- tory. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doe Page 4 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual build- ing, interior or located in an historic district, unless determined exempt, requires the ap- proval of a development order and either a certificate of no negative effect or a certifi- cate of appropriateness before a building permit or any other work authorization will be issued by the City. B. Design guidelines. 3. The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the interior Na- tional Park Service shall apply to designated interior landmarks until such time that design guidelines specific to interior preservation are adopted. C. Special consideration. 1. To preserve and maintain the historic and architectural character of desig- nated properties and/or interiors, 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 cer- tain exceptions from the International Building Code (IBC) 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. Sec. 26.415,070. Development involving designated historic property. No building or structure shall be erected, constructed, enlarged, altered, repaired, relo- cated or improved involving a designated historic property. interior 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. All devel- onment involvine a designated historic property. interior or district steal I apply efficient building technology and LEED standards whenever possible. An application for a building permit cannot be submitted without a development order. A. Exempt development. The lollowinu exemptions that do not require development review proce- dures apply only to properties that are not designated interior landmarks: st— IecteJ t ti+i{ie" art-exe nitAeel t+on-f tilt rrvits pR-4 edt-tomitvlttfl- M,t interior remodeling, paint color selection, exterior repainting or replaster- ing similar to the existing finish or routine maintenance such as caulking, re- placement of fasteners, repair of window glazing or other such minimally in- trusive work. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 5 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 B. Certificate of no negative effect. 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 ef- fect on the physical appearance or character -defining features of a designated property or designated interior. 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: 4. The following work shall be considered for a Certificate of No Negative Ef- fect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building, designated interior landmark or structure. i. Additions or alterations to nonhistoric elements within a designated inte- rior landmark such that there is no adverse impact on the historic character of the interior. 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 develop- ment. Minor development work includes: d. Alterations that are made to nonhistoric portions of a designated historic property or designated interior landmark that do not qualify for a certifi- cate of no negative effect or F. Alterations. reconstruction rehabilitation and removal of elements within designated interior landmarks when the work does not qualify fora certificate of no negative effect. 2. An application for minor development shall include the following: c. An accurate representation of all existing and proposed building materi- als, site improvements. lighting and finishes.-tE-Y44e- tle de� L-!tT- t�t: D. Certificate of appropriateness for major development. 4. Final development plan review. a. An application for a final development plan shall include: (5) A detailed site Alan and landscape plan illustrating existing and proposed walkways planting and site grading. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doe Page 6 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 Sec. 26.415.100. Demolition by neglect. A. Standards for reasonable care and upkeep. 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 compro- mise 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 fea- tures include, but are not limited to: i Deterioration decay or damage of historic elements within a designated interior landmark that compromise the historic character of the interior and could result in the loss of the historic element. Section 2• The Planning and Zoning Commission also recommends the following to City Council: 1. That HPC have the ability to add significant elements to the designation report that are discovered during construction, rehabilitation, or restoration, and are not otherwise identified in the designation report through the adoption of a resolution. 2. That the language proposed in Section 26.415.030.C.2 be clarified to include lan- guage such as: "The interior is customarily open or accessible to the public, or to which the public is customarily invited, which may include but is not limited to hotel rooms and members only dining clubs; and," Section 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- son held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission during a public hearing on January 15, 2008. [signatures on the following page] Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 7 of 8 Exhibit B Planning and Zoning Resolution No. 3 of 2008 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ames R. True, Assistant City Attorney Dyl Johns, Chair j .,, � . 7 �j L !t I✓ N S ATTEST: yg P Im-(n. ckie Lothian, Deputy City Clerk Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doe Page 8 of 8 ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING MINUTES - JANUARY 08, 2008 COMMENTS............................................................................................................ 2 MINUTES................................................................................................................. 2 DECLARATIONS OF CONFLICTS OF INTEREST ............................................. 2 RESOLUTION OF COMMENDATION FOR JOHN ROWLAND ....................... 2 INTRODUCTION TO COMMERCIAL CORE HISTORIC INTERIORS CODE AMENDMENT......................................................................................................... 2 INTRODUCTION TO SERVICE/COMMERCIAL/INDUSTRIAL ....................... 3 RESOLUTION MEMORIALIZING APPOINTMENT OF CHAIRPERSON AND VICE-CHAIRPERSON............................................................................................ 4 Exhibit C Planning and Zoning Commission Minutesl ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING — MINUTES - JANUARY 08, 2008 Dylan Johns opened the Special Meeting of the Aspen Planning & Zoning Commission at 4:35 pm in the Library. Commission members Michael Wampler, Cliff Weiss, Stan Gibbs, Dina Bloom, Jim DeFrancia, LJ Erspamer, Brian Speck and Dylan Johns were present. Staff in attendance: James True, Special Counsel; Jennifer Phelan, Sara Adams, Ben Gagnon, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Dylan Johns said that he went under contract and may be moving. Jennifer Phelan said that there would be a special meeting on January 291h and not the 22"d. Phelan noted there were full meetings coming up through May. MINUTES MOTION.- Jim DeFrancia moved to approve the minutes from December 4'h, November 20'4 and November 6'h as amended by Jim DeFrancia, Stan Gibbs and Dylan Johns. Seconded by L I Erspamer, all in favor, approved. DECLARATIONS OF CONFLICTS OF INTEREST None stated. AGENDA ITEM: RESOLUTION OF COMMENDATION FOR JOHN ROWLAND Resolution of commendation for John Rowland was postponed to the next meeting. AGENDA ITEM: INTRODUCTION TO COMMERCIAL CORE HISTORIC INTERIORS CODE AMENDMENT Sara Adams said that this meeting was to introduce the commission to the concept of interior designation; December 12, 2006 the previous City Council adopted a moratorium on obtaining a building permit to do interior changes for commercial building in the commercial core. Currently there is no authority for interiors. This moratorium will expire on June 12`h. Adams said that she would be going to City Council for a work session tonight to gain some direction regarding this code amendment in light of Ordinances 30 and 48. The actual public hearing of this code amendment will be held on January 151h; exhibit B is attached regarding the amendments proposed by staff. Exhibit C Planning and Zoning Commission Minute ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING — MINUTES - JANUARY 08, 2008 Adams said there were two main concepts for interior designations throughout the country; one is that the property is already exterior landmark designation and that the property is customarily accessible to the public; there has to be a valid public purpose. Adams stated that this does not apply to residences. The Red Onion sparked this portion of the moratorium; the historic interior portion of it; page 2 of the memo discussed the Red Onion and how this code amendment will be applied. Adams said that she was also presenting to HPC this week and she will bring the discussions back to P&Z next week. Adams said that next week P&Z would adopt a resolution to forward onto Council. Adams said that there has to have historical integrity in order to have designation. Adams reiterated that the public hearing would be next week. AGENDA ITEM: INTRODUCTION TO SERVICE/COMMERCIAL/INDUSTRIAL Ben Gagnon stated that he was special projects for the community development department and the public hearing for this would be January 29�'. Gagnon provided the history of the S/C/I Zone District and there was a moratorium from 2006 that expires May 29`h. Gagnon said that this SCI zone was created in 1975 in response to the ABC being built; the city responded that they did not want all of the businesses moving to the ABC. Gagnon said the SCI zone district allowed very specific types of uses in that area. This make for a challenging zoning enforcement situation; businesses can often morph and change in response to the market around them. Gagnon said that if you were in an area where retail was allowed you could shift your retail profile in one way or another and nobody cares but if you are in the SCI district and you are morphing from TV Repair to TV Sales now you are out of bounds; that becomes a zoning enforcement issue. In 1980 or so Council added artist studio to the SCI zone district and a few years later Harry Teague came in said that he was an artist because he did models and other architects came in after that. Gagnon said those were some of the phenomenon that you see and Obermeyer Place was the biggest redevelopment with a fair amount of light industrial uses; many of the Obermeyer businesses own their space, which is different than Puppy Smith where everyone is leasing. Gagnon said that they wanted to keep the traditional Service/Commercial uses rather than opening the door for interpretation. Exhibit C Planning and Zoning Commission Minutes ASPEN PLANNING & ZONING COMMISSION SPECIAL MEETING — MINUTES - JANUARY 08, 2008 Michael Wampler said that morph was a perfect word to explain this district because he has been in that zone district for 22 years and his shop is mostly a rental shop at this time. Gagnon said that Neighborhood Commercial (NC) was established at the same time as SCI but the NC allows everything. AGENDA ITEM: RESOLUTION MEMORIALIZING APPOINTMENT OF CHAIRPERSON AND VICE -CHAIRPERSON Jennifer Phelan stated that the first meeting of the year a chair and vice chair needs to be appointed for a year long term. The commission discussed keeping Dylan as the chair and LJ as the vice -chair. MOTION: Jim DeFrancia moved to appoint Dylan Johns as Chair and LJ Erspamer as Vice -Char; seconded by Cliff Weiss. All in favor, approved. Adjourned at 5 :51 pm. )"ckieLothi an, Deputy City Clerk Exhibit C Planning and Zoning Commission Minutes 4 ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 15, 2008 Dylan Johns opened the regular meeting in Sister Cities Meeting Room at 4:30 pm. Commissioners Cliff Weiss, Stan Gibbs, Dina Bloom, Jim DeFrancia, LJ Erspamer, Dylan Johns and Brian Speck were present. Michael Wampler was excused. Staff in attendance included Jim True, Special Counsel; Jennifer Phelan, Sara Adams, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS: Cliff Weiss asked if they could get a heads up when packets are so large. Jennifer Phelan replied that she would email the staff memos when the packets were large. Jennifer Phelan stated there was an issue with the public notice for 300 Puppy Smith Street; she requested a special meeting for the re -noticed Puppy Smith. The commissioners agreed to meet on February 261h in the Library for Puppy Smith; Jim DeFrancia and Michael Wampler will be excused on the 26`h The commissioners discussed having special meetings and/or longer meetings. MINUTES Dina Bloom made corrections to the minutes on page 3. MOTION: LJ Erspamer moved to approve the meeting with corrections; seconded by Jim DeFrancia. All in favor, approved. DECLARATION OF CONFLICT OF INTEREST None stated. PUBLIC HEARING: HISTORIC INTERIORS CODE AMENDMENT Dylan Johns opened the public hearing for Historic Interiors Code Amendment. Sara Adams provided the notice and Jim True said that the notice met the requirements. Adams said that the resolution was attached and highlighted for P&Z review. Adams stated that City Council requested a recommendation from HPC and after tonight's recommendation she will go to the task force, which should be formulated in the beginning of February. They will go back to City Council in late April; the moratorium expires on June 121h and it takes 30 days for an ordinance to go into effect. Cliff Weiss said that the information that Sara attached was illuminating. Exhibit C Planning and Zoning Commission Minute ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 15, 2008 Sara Adams began on page 2 of the resolution adding definitions of interior, interior designated landmark and interior finishes. Adams said there were about 278 landmarked buildings plus the historic district and overlay. A consultant would come in and inventory the historic interiors. Page 3 Criteria number 2 Sara Adams discussed the public benefit "as the public is customarily invited". The commission discussed hotel rooms as part of the public benefit or not. Dylan Johns suggested tightening up the language regarding hotel rooms and restaurants. Jennifer Phelan said that P&Z could make a recommendation with clarifications. Jim True asked if P&Z would want to exclude hotel rooms or include them. Cliff Weiss said that hotel rooms were his concern also and the element of floor plans and historic spatial relationships worried him because back in the 1880s hotel rooms were small and doesn't necessarily fit with today's demand. Weiss said in order to keep the Aspen lodging competitive we need to be more flexible on their behalf rather than limiting them and their floor plans; a lot of hotels are putting in spas. Adams said that she understood Cliff's point but the reason for the interior designation was to explain the spaces and educate people about what it was like in the period that the building was built. LJ Erspamer asked if there was a process to go through to apply for a variance from this restriction or was the restriction hard and fast. Adams replied that she would go through changes to an interior; obviously you are allowed to develop the landmark but it is case by case and hard to generalize preservation. Each building is different and explains a different time period. Jim True asked if the recommendation to City Council would include hotel rooms or not; he has not heard the direction. Stan Gibbs said that someone would have some judgment down the road of what "customarily invited" means. Gibbs said that you have to trust that process. True noted that P&Z should have a right to express an opinion on that; if you think that hotel rooms and membership restaurants should be included in the recommendation. Adams thought it should remain broad because you don't know what will be designated in 20 or 30 years and it has to have a sense of place for someone to walk in and understand what was there previously, which was the point of the preservation program. Adams explained that the criteria used for historic designation was modeled almost directly off the National Register Criteria. Jim DeFrancia said that this is necessarily an ambiguous field all the time; it's not hard and fast. DeFrancia said that this will involve individual buildings, individual spaces within buildings, subjective judgments and the best that we, the City, can do is can create some broad boundary around it. Exhibit C Planning and Zoning Commission Minute ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 15, 2008 Adams stated that on page 3, Criteria #3, that this was standard language and HPC would be looking at language. The idea of the score sheet was what the task force would also be looking at. On page 4 E Adams noted this was the process for designation. Page 5 under Sec.26.415.060 B Design Guidelines; Adams stated there were not guidelines for changing interior landmark but we want people to be able to change their interiors. On page 6 Certificate of no negative effect was an administrative approval that could be granted for exterior landmarks. C. The Certificate of appropriateness for a minor development would be for people who just want to change their interior not their exterior. Adams said on page 7 Demolition by neglect was already in the code for exterior landmarks; it relates to reasonably caring and upkeep for your property. DeFrancia suggested recommending the Resolution as written and adding the commentary rather than trying to re -write the resolution. Erspamer asked about historic graffiti. Adams stated that her master's degree was in historic graffiti. Johns asked if they want to make a recommendation to specifically say may include hotel rooms, members dining facilities and whatever else. Gibbs said if a wall was taken down and they find the last will and testament written on the wall; the questions was if you believe in preservation and the public having an authority to say something that is significant to the community it (the wall) needs to be preserved, which is what this is all about. Gibbs said he thought it's really hard to start trying to put too fine a point on every little piece so you have to trust the process and the intent that it has to be historic property, it has to have some value to the public. Gibbs noted it was a space by space thing so you don't have to worry about one room being designated doesn't mean all the rooms will be designated. Gibbs said the language was clear enough and this was a case by case piece meal approach and to go with the spirit of the resolution. DeFrancia shared Stan's sentiment and it would be better to be all encompassing and broadly defined. Weiss asked how far back these interiors go back. DeFrancia said Council and the public process would ascertain the number for that designation and this language would incorporate the interior within that definition. Johns said this topic of years was a different ordinance. Adams said P&Z will get to make a recommendation on that ordinance. Erspamer asked if they were going to designate the rooms or not. Johns said his personal feeling was when you make things too vague you can open a prett bi door sometimes for people to come into with a cer ,j�,j ,�,g tzt ,&%"in t mutess 3 ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES JANUARY 15, 2008 cover and then find out that is was completely counter from what they thought it might have been. Johns said if it is too specific then certain other things are going to go past it but he felt there should be more specificity about the types of things that this may apply to so if there is a historic suite it would be preserved. True said there was a difficulty in narrowing and figuring out what you were really recommending. Erspamer said to use words "but not included". Adams replied "include but not limited to" was in the interior finishes section. Erspamer summarized that we have the parameters and narrows down to some specifics that gives the decision makers the criteria and then they have an appeal process. Erspamer asked if furnishings were included. Adams responded that it was not because it was movable. Bloom asked if a bar was removable could it be moved around the room. Adams answered that the applicant could always go to HPC; the way that interior finishes were defined was that most of those features were not movable. MOTION: Dylan Johns moved to include the recommended language to the resolution; seconded by LJ Erspamer. All in favor, approved. Johns asked about the score sheet. Adams said the score sheet was not included in the resolution but it was in the code. MOTION: Jim DeFrancia moved to approved Resolution #003-08 including the recommendations as follows: 1. HPC has the ability to add significant elements to the designation report that are discovered during construction, rehabilitation, or restoration, and are not otherwise identified in the designation report through the adoption of a resolution. 2. Proposed Section 26.41 S. 030. C.2 will be changed to include the following: "The interior is customarily open or accessible to the public, or to which the public is customarily invited, which may include but is not limited to hotel rooms and members only dining clubs; and, "; seconded by Stan Gibbs. Roll call vote: Speck, yes; Bloom, yes; Weiss, yes; Erspamer, yes; Gibbs, yes; DeFrancia, yes; Johns, yes. All in favor approved 7-0. Adjourned at 6:20 pm. r 1 Ackle Lothian, Deputy City Clerk Exhibit C Planning and Zoning Commission Minutes 4 0 • A History of Aspen's Historic Preservation Program (A work in progress) 1972 Encouraged by a citizen's group called "Save the Victorians," City Council adopts a historic preservation ordinance establishing a process for the designation and review of historic structures, and the creation of the Historic Preservation Committee. Aspen is one of the first communities in the state, and among the earliest cities in the nation, to adopt historic preservation regulations. 1973 The first designations take place in 1973 and 1974. They were: Wheeler Opera House, Ute Cemetery, Wheeler -Stallard House, Pitkin County Courthouse, Lift 1, City Hall, and the Community Church. These public or non-profit properties have high significance to the community. The criteria for landmark designation is a finding that the property has historic importance, architectural importance, or geographic importance to the City. Owner consent is sought, but not needed for designation. Additional designation findings must be made that the designation is appropriate with relation to the Aspen Area General Plan, effects on the neighborhood and other relevant planning considerations. HPC has review over demolition and relocation of these landmarked properties, and review over alterations in terms of assuring appropriate features are preserved. It appears that there are no' design guidelines, and none existed for another 10 years. 1974 Commercial Core Historic District created. HPC's review is expanded to include new construction in the historic district in terms of assuring that new work is "complimentary" to adjacent historic resources. 1976 Main Street Historic District created. HPC's purview is expanded to include this area. 1980 The City completes its first comprehensive "Inventory of Historic Sites and Structures." 306 properties are identified, 287 of which are still standing after the research and documentation is completed. The Land Use Code in effect at the time discusses the process for designation of districts and landmark properties. If the HPC identifies a property as qualifying for designation, and the owner agrees to designation, the matter proceedes directly to Council for approval. If the owner does not agree, the HPC's recommendation is forwarded to the Planning and Zoning Commission, and then on to Council. Council can approve nonconsensual designation. HPC continues to have purview only over designated landmarks or properties in the historic districts. Most of the historic resources are essentially unprotected since at this point only about 24 properties, or less than 10% of the sites identified by the inventory have been landmarked. Properties included on the Inventory were rated using a 1-18 point scoring system in order to evaluate their significance. Points were allocated based on the building's association with important persons or notable architectural styles. The Exhibit D Historic Preservation Timeline Page 1 of 4 point value was then used to categorize the properties as "notable," "excellent," or "exceptional." Through the process of surveying and studying each property, some were discounted and considered to have minimal historic value due to poor integrity. It was noted that these properties could eventually qualify for one of the categories stated above if appropriate documentation and restoration of the structure could be developed. The 1980 Inventory study suggested the creation of other historic districts, including the Community Church Historic District, Hallam Lake Historic District, West Bleeker/Hallam Street Historic District and Lift 1 Historic District. The districts were not adopted. 1986 The City adopts the "Aspen Area Comprehensive Plan: Historic Preservation Element." The Plan addresses the creation of more incentives and special development options for historic properties. The "Issues and Concerns" section of the Plan states that, "The HPC needs to look at some of the outstanding modern residences by Bayer, Benedict, and other recent architects for designation to ensure preservation." During the drafting of the Comprehensive Plan, a 6 month moratorium is enacted on demolition of any structure included in the 1980 Inventory, presumably due to the continued loss of historic structures. The idea of adopting a townsite wide "river to river, mountain to mountain" historic district is included in the ordinance. The townsite wide district never comes about. During the moratorium, the city expands the HPC review from just landmarks to include the highest rated structures on the inventory. An update of the inventory is completed. The first HPC design guidelines are completed. The Land Use Code is amended to state that everything built before 1910, and all other buildings identified by HPC as outstanding examples of more modern architecture should be on the inventory. HPC continues to only have full purview over the historic districts and landmarks which is a limited percentage of the inventory. The first incentives for historic properties were developed. 1987 The City hired its first professional Historic Preservation Officer. Aspen becomes a "Certified Local Government," agreeing to operate its historic preservation program according to certain standards established by the National Parks Service and Colorado Historical Society. 1988 HPC begins presenting annual awards for excellent projects. 1989 Demolition review is expanded to cover the entire inventory. The numerical scoring system that rated the significance of the property is dropped, although the terms "significant, contributing, and supporting" are retained. More incentives are added. Exhibit D Historic Preservation Timeline Page 2 of 4 1991 The historc inventory is updated. 28 properties are recommended to be added, some of which are Post World War II buildings. Most of these properties are added to the inventory through ordinances adopted over the following four years. 1993 The Aspen Area Community Plan is adopted. The Historic Preservation Element goals included expanding the HPC's purview to cover all alterations to properties on the inventory. 1995 Amendments to the historic preservation ordinance are approved, including changing the criteria for listing on the inventory from properties built before 1910 or otherwise identified as outstanding examples of more modern architecture to properties which are at least 50 years old or otherwise identified as outstanding examples of more modern architecture. 1998 The City holds a "Historic Preservation Symposium," attended by City Council, the Planning and Zoning Commission, the Historic Preservation Commission, the Community Development Department, historic preservation experts from Crested Butte, Telluride, Nantucket, the Colorado Historical Society, and the National Trust for Historic Preservation, the Aspen Historical Society, former members of the Aspen HPC, and citizens at large following the demolition of the Paepcke House. Numerous goals were established at the symposium, including the direction to designate more recent structures. Code amendments are adopted giving HPC full review over alterations to any property listed on the inventory, as described in 1993 AACP. 1999 Committees form to work on an update of the AACP. The HPC's philosophy statement, as adopted into the plan, states that "Aspen's distinctive history is irreplaceable whether it be the late nineteenth-century miners' cottages, the Bauhaus buildings introduced by architect Herbert Bayer, or the faux -chalets built by ski instructors in the 1950's and 60's." The action plan for the AACP includes the direction to "Protect all buildinas and sites of historic significance," and to update the inventory. The City and County adopt the licensing program in the country. first mandatory historic preservation contractor 2000 Fieldwork for an update to the historic inventory is completed. Approximately 50 properties, primarily built after World War II are recommended for adoption. Ordinances are brought forward, causing controversy. Action is stopped on adding Post -War properties to the inventory. Numerous community meetings, tours, lectures and meetings are initiated over the next two years in order to revise problematic aspects of the historic preservation ordinance and bring about a common understanding of the importance of recognizing Aspen's post-war history. Updated historic preservation design guidelines are adopted. Exhibit D Historic Preservation Timeline Page 3 of 4 0 2001 A Historic Preservation Community Forum is held as part of the ordinance re- write. 2002 Council adopts a new historic preservation ordinance and increases historic preservation benefits. The City receives an award from "Colorado Preservation, Inc." for its state of the art ordinance. HPC and Council hold a worksession to finalize the integrity scoring system and post -WW2 research papers, integral elements of the newly adopted designation process. 2005 HPC and Council hold a worksession to discuss an update on the progress of designating post-war resources through owner cooperation. As of this time the City has approximately 300 designated historic resources and review within two historic districts. 2007 Council adopts emergency ordinance #30 requiring a potential historic review for all properties over 30 years of age seeking a demolition permit or significant alteration. Council replaces Ordinance #30 with Ordinance #48 that adopts a list of specific properties that are required to go through a 90 day demolition stay and negotiation period before demolition is granted. 2008 An Historic Preservation Task Force made up of citizens begin to analyze the entire historic preservation program. Exhibit D Historic Preservation Timeline Page 4 of 4 Preservation Brief 18: Rehabil4ing Interiors in Historic Buildings Page 1 of 9 AIVT • Technical Preservatlon S 1ervices _ $Preservation Briefs National Park Service U.S. Department of the Interior Rehabilitating Interiors in Historic Buildings Identifying and Preserving Character -Defining Elements H. Ward ]andl »Identifying and Evaluating... *Recommended Approaches... »Meeting Buildin4,__Life Safety and Fire Codes »Sources of Assistance »Protectin -Interior Elements... »Summary »Selected Reading -List A NOTE TO OUR USERS: The web versions of the Preservation Briefs differ somewhat from the printed versions. Many illustrations are new, captions are simplified, illustrations are typically in color rather than black and white, and some complex charts have been omitted. A floor plan, the arrangement of spaces, and features and applied finishes may be individually or collectively important in defining the historic character of the building and the purpose for which it was constructed. Thus, their identification, retention, protection, and repair should be given prime consideration in every preservation project. Caution should be exercised in developing plans that would radically change character -defining spaces or that would obscure, damage or destroy interior features or finishes. The interiors of mills and industrial buildings are frequently open, unadorned spaces with exposed structural elements. While these spaces can serve many new uses, the floor to ceiling height and exposed truss system are character -defining features that should be retained in rehabilitation. prominent visible aspect, or its "public face," its While the exterior of a building may be its most -x -`` Interior components worthy of preservation may include the building's plan (sequence of spaces and circulation patterns), the building's spaces (rooms and volumes), individual architectural features, and the various finishes and materials that make up the walls, floors, and ceilings. A theater auditorium or sequences of rooms such as double parlors or a lobby leading to a stairway that ascends to a or �,L http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: Rehabiling Interiors in Historic Buildings • Page 2 of 9 Photo: NPs files. mezzanine may comprise a building's most important spaces. Individual rooms may contain notable features such as plaster cornices, millwork, parquet wood floors, and hardware. Paints, wall coverings, and finishing techniques such as graining, may provide color, texture, and patterns which add to a building's unique character. Virtually all rehabilitations of historic buildings involve some degree of interior alteration, even if the buildings are to be used for their original purpose. Interior rehabilitation proposals may range from preservation of existing features and spaces to total reconfigurations. In some cases, depending on the building, restoration may be warranted to preserve historic character adequately; in other cases, extensive alterations may be perfectly acceptable. This Preservation Brief has been developed to assist building owners and architects in identifying and evaluating those elements of a building's interior that contribute to its historic character and in planning for the preservation of those elements in the process of rehabilitation. The guidance applies to all building types and styles, from 18th century churches to 20th century office buildings. The Brief does not attempt to provide specific advice on preservation techniques and treatments, given the vast range of buildings, but rather suggests general preservation approaches to guide construction work. ` __ ow Not only are the features of this early 20th century interior worthy of preservation, the planned sequence of spaces impart a grandeur that is characteristic of high style residences of the period. Photo: Jack E. Boucher, HAGS collection. Identifying and Evaluating the Importance of Interior Elements Prior to Rehabilitation Before determining what uses might be appropriate and before drawing up plans, a thorough professional assessment should be undertaken to identify those tangible architectural components that, prior to rehabilitation, convey the building's sense of time and place --that is, its "historic character." Such an assessment, accomplished by walking through and taking account of each element that makes up the interior, can help ensure that a truly compatible use for the building, one that requires minimal alteration to the building, is selected. Researching The Building's History A review of the building's history will reveal why and when the building achieved significance or how it contributes to the significance of the district. This information helps to evaluate whether a particular rehabilitation treatment will be appropriate to the building and whether it will preserve those tangible components of the building that convey its significance for association with specific events or persons along with its architectural importance. In this regard, National Register files may prove useful in explaining why and for what period of time the building is significant. In some cases research may show that later alterations are significant to the building; in other cases, the alterations may be without historical or architectural merit, and may be removed in http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: Rehabii4 ng Interiors in Historic Buildings • Page 3 of 9 the rehabilitation. Identifying Interior Elements Many institutional buildings possess distinctive spaces or floor plans that are important in conveying the significance of the property. This grand hall, which occupies the entire floor of the building, could not be subdivided without destroying the integrity of the space. Photo: NPS files. occurred within the building. Interiors of buildings can be seen as a series of primary and secondary spaces. The goal of the assessment is to identify which elements contribute to the building's character and which do not. Sometimes it will be the sequence and flow of spaces, and not just the individual rooms themselves, that contribute to the building's character. This is particularly evident in buildings that have strong central axes or those that are consciously asymmetrical in design. In other cases, it may be the size or shape of the space that is distinctive. The importance of some interiors may not be readily apparent based on a visual inspection; sometimes rooms that do not appear to be architecturally distinguished are associated with important persons and events that Primary spaces, are found in all buildings, both monumental and modest. Examples may include foyers, corridors, elevator lobbies, assembly rooms, stairhalls, and parlors. Often they are the places in the building that the public uses and sees; sometimes they are the most architecturally detailed spaces in the building, carefully proportioned and finished with costly materials. They may be functionally and architecturally related to the building's external appearance. In a simpler building, a primary space may be distinguishable only by its location, size, proportions, or use. Primary spaces are always important to the character of the building and should be preserved. Secondary spaces are generally more utilitarian in appearance and size than primary spaces. They may include areas and rooms that service the building, such as bathrooms, and kitchens. Examples of secondary spaces in a commercial or office structure may include storerooms, service corridors, and in some cases, the offices themselves. Secondary spaces tend to be of less importance to the building and may accept greater change in the course of work without compromising the building's historic character. The interior of this 19th worker's house has not been properly maintained, but it may be as important historically as a richly ornamented interior. Its wide baseboards, flat Spaces are often designed to interrelate both visually window trim, and four -panel door and functionally. The sequence of spaces, such as should be carefully preserved in a vestibule -hall -parlor or foyer -lobby -stair -auditorium rehabilitation project. Photo: NPS files. or stairhall-corridor-classroom, can define and express the building's historic function and unique character. Important sequences of spaces should be identified and retained in the rehabilitation project. Floor plans may also be distinctive and characteristic of a style of architecture or a http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: Rehabil6ng Interiors in Historic Buildings • Page 4 of 9 region. Examples include Greek Revival and shotgun houses. Floor plans may also reflect social, educational, and medical theories of the period. Many 19th century psychiatric institutions, for example, had plans based on the ideas of Thomas Kirkbride, a Philadelphia doctor who authored a book on asylum design. In addition to evaluating the relative importance of the various spaces, the assessment should identify architectural features and finishes that are part of the interior's history and character. Marble or wood wainscoting in corridors, elevator cabs, crown molding, baseboards, mantels, ceiling medallions, window and door trim, tile and parquet floors, and staircases are among those features that can be found in historic buildings. Architectural finishes of note may include grained woodwork, marbleized columns, and plastered walls. Those features that are characteristic of the building's style and period of construction should, again, be retained in the rehabilitation. Features and finishes, even if machine -made and not exhibiting particularly fine craftsmanship, may be character defining; these would include pressed metal ceilings and millwork around windows and doors. The interior of a plain, simple detailed worker's house of the 19th century may be as important historically as a richly ornamented, high - style townhouse of the same period. Both resources, if equally intact, convey important information about the early inhabitants and deserve the same careful attention to detail in the preservation process. The location and condition of the building's existing heating, plumbing, and electrical systems also need to be noted in the assessment. The visible features of historic systems --radiators, grilles, light fixtures, switchplates, bathtubs, etc. --can contribute to the overall character of the building, even if the systems themselves need upgrading. Assessing Alterations and Deterioration In assessing a building's interior, it is important to ascertain the extent of alteration and deterioration that may have taken place over the years; these factors help determine what degree of change is appropriate in the project. Close examination of existing fabric and original floorplans, where available, can reveal which alterations have been additive, such as new partitions inserted for functional or structural reasons and historic features covered up rather than destroyed. It can also reveal which have been subtractive, such as key walls removed and architectural features destroyed. If an interior has been modified by additive changes and if these changes have not acquired significance, it may be relatively easy to remove the alterations and return the interior to its historic appearance. If an interior has been greatly altered through subtractive changes, there may be more latitude in making further alterations in the process of rehabilitation because the integrity of the interior has been compromised. At the same time, if the interior had been exceptionally significant, and solid documentation on its historic condition is available, reconstruction of the missing features may be the preferred option. It is always a recommended practice to photograph interior spaces and features thoroughly prior to rehabilitation. Measured floor plans showing the existing conditions are extremely useful. This documentation is invaluable in drawing up rehabilitation plans and specifications and in assessing the impact of changes to the property for historic preservation certification purposes. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: RehabilVing Interiors in Historic Buildings 9 Page 5 of 9 This corridor has glazed walls, oak trim, and marble wainscotting, typical of those found in the late 19th and early 20th century office buildings. Corridors such as this, displaying simple detailing, should be a priority in rehabilitation projects involving commercial buildings. Photo: NPS files. Drawing Up Plans and Executing Work If the historic building is to be rehabilitated, it is critical that the new use not require substantial alteration of distinctive spaces or removal of character -defining architectural features or finishes. If an interior loses the physical vestiges of its past as well as its historic function, the sense of time and place associated both with the building and the district in which it is located is lost. The recommended approaches that follow address common problems associated with the rehabilitation of historic interiors and have been adapted from the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Adherence to these suggestions can help ensure that character -defining interior elements are preserved in the process of rehabilitation. The checklist covers a range of situations and is not intended to be all-inclusive. Readers are strongly encouraged to review the full set of guidelines before undertaking any rehabilitation project. Recommended Approaches for Rehabilitating Historic Interiors 1. Retain and preserve floor plans and interior spaces that are important in defining the overall historic character of the building. This includes the size, configuration, proportion, and relationship of rooms and corridors; the relationship of features to spaces; and the spaces themselves such as lobbies, reception halls, entrance halls, double parlors, theaters, auditoriums, and important industrial or commercial use spaces. Put service functions required by the building's new use, such as bathrooms, mechanical equipment, and office machines, in secondary spaces. 2. Avoid subdividing spaces that are characteristic of a building type or style or that are directly associated with specific persons or patterns of events. Space may be subdivided both vertically through the insertion of new partitions or horizontally through insertion of new floors or mezzanines. The insertion of new additional floors should be considered only when they will not damage or destroy the structural system or obscure, damage, or destroy character -defining spaces, features, or finishes. If rooms have already been subdivided through an earlier insensitive renovation, consider removing the partitions and restoring the room to its original proportions and size. 3. Avoid making new cuts in floors and ceilings where such cuts would change character -defining spaces and the historic configuration of such spaces. Inserting of a new atrium or a lightwell is appropriate only in very limited situations where the existing interiors are not historically or architecturally distinguished. 4. Avoid installing dropped ceilings below ornamental ceilings or in rooms where high ceilings are part of the building's character. In addition to obscuring or destroying significant http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: RehabilWg Interiors in Historic Buildings • Page 6 of 9 Furring out exterior walls to add insulation and suspending new ceilings to hide ductwork can change a room's proportions and cause interior features to appear fragmented. The interior character of this school classroom that was converted to apartment use has been destroyed. Drawing: Neal A. Vogel details, such treatments will also change the space's proportions. If dropped ceilings are installed in buildings that lack character -defining spaces, such as mills and factories, they should be well set back from the windows so they are not visible from the exterior. S. Retain and preserve interior features and finishes that are important in defining the overall historic character of the building. This might include columns, doors, cornices, baseboards, fireplaces and mantels, paneling, light fixtures, elevator cabs, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbleizing, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors, and ceilings. 6. Retain stairs in their historic configuration and to location. If a second means of egress is required, consider constructing new stairs in secondary spaces. The application of fire -retardant coatings, such as intumescent paints; the installation of fire suppression systems, such as sprinklers; and the construction of glass enclosures can in many cases permit retention of stairs and other character -defining features. 7. Retain and preserve visible features of early mechanical systems that are important in defining the overall historic character of the building, such as radiators, vents, fans, grilles, plumbing fixtures, switchplates, and lights. If new heating, air conditioning, lighting and plumbing systems are installed, they should be done in a way that does not destroy character -defining spaces, features and finishes. Ducts, pipes, and wiring should be installed as inconspicuously as possible: in secondary spaces, in the attic or basement if possible, or in closets. S. Avoid "furring out" perimeter walls for insulation purposes. This requires unnecessary removal of window trim and can change a room's proportions. Consider alternative means of improving thermal performance, such as installing insulation in attics and basements and adding storm windows. 9. Avoid removing paint and plaster from traditionally finished surfaces, to expose masonry and wood. Conversely, avoid painting previously unpainted millwork. Repairing deteriorated plasterwork is encouraged. If the plaster is too deteriorated to save, and the walls and ceilings are not highly ornamented, gypsum board may be an acceptable replacement material. The use of paint colors appropriate to the period of the building's construction is encouraged. Plaster has been removed from perimeter walls, leaving brick exposed. The plaster should have been retained and repaired, as necessary. Photo: NPS files. 10. Avoid using destructive methods --propane and butane torches or sandblasting --to remove paint or other coatings from historic features. Avoid harsh cleaning agents that can change the appearance of wood. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: RehabilWg Interiors in Historic Buildings • Page 7 of 9 Meeting Building, Life Safety and Fire Codes Buildings undergoing rehabilitation must comply with existing building, life safety and fire codes. The application of codes to specific projects varies from building to building, and town to town. Code requirements may make some reuse proposals impractical; in other cases, only minor changes may be needed to bring the project into compliance. In some situations, it may be possible to obtain a code variance to preserve distinctive interior features. (It should be noted that the Secretary's Standards for Rehabilitation take precedence over other regulations and codes in determining whether a rehabilitation project qualifies for Federal tax benefits.) A thorough understanding of the applicable regulations and close coordination with code officials, building inspectors, and fire marshals can prevent the alteration of significant historic interiors. Sources of Assistance Rehabilitation and restoration work should be undertaken by professionals who have an established reputation in the field. Given the wide range of interior work items, from ornamental plaster repair to marble cleaning and the application of graining, it is possible that a number of specialists and subcontractors will need to be brought in to bring the project to completion. State Historic Preservation Officers and local preservation organizations may be a useful source of information in this regard. Good sources of information on appropriate preservation techniques for specific interior features and finishes include the Bulletin of the Association for Preservation Technology and The Old -House Journal; other useful publications are listed in the bibliography. Protecting Interior Elements During Rehabilitation Architectural features and finishes to be preserved in the process of rehabilitation should be clearly marked on plans and at the site. This step, along with careful supervision of the interior demolition work and protection against arson and vandalism, can prevent the unintended destruction of architectural elements that contribute to the building's historic character. Protective coverings should be installed around architectural features and finishes to avoid damage in the course of construction work and to protect workers. Staircases and floors, in particular, are subjected to dirt and heavy wear, and the risk exists of incurring costly or irreparable damage. In most cases, the best, and least costly, preservation approach is to design and construct a protective system that enables stairs and floors to be used yet protects them from damage. Other architectural features such as mantels, doors, wainscoting, and decorative finishes may be protected by using heavy canvas or plastic sheets. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: Rehabilicg Interiors in Historic Buildings is Page 8 of 9 Summary After rehabilitation, this severly deteriorated space was returned to its original elegance. Plaster was repaired and repainted; scagliola colums were restored to match marble; and missing decorative metalwork was re -installed in front of the windows. Photo: Carol M. Highsmith. Selected Reading List In many cases, the interior of a historic building is as important as its exterior. The careful identification and evaluation of interior architectural elements, after undertaking research on the building's history and use, is critically important before changes to the building are contemplated. Only after this evaluation should new uses be decided and plans be drawn up. The best rehabilitation is one that preserves and protects those rooms, sequences of spaces, features and finishes that define and shape the overall historic character of the building. There are few books written exclusively on preserving historic interiors, and most of these tend to focus on residential interiors. Articles on the subject appear regularly in The Old -House Journal, the Bulletin of the Association for Preservation Technology, and Historic Preservation Magazine. Ferro, Maximilian L., and Melissa L. Cook. Electric Wiring and Lighting in Historic American Buildings. New Bedford, Massachusetts: AFC/A Nortek Company, 1984. Fisher, Charles E. "Temporary Protection of Historic Stairways During Rehabilitation Work." Preservation Tech Note. Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1985. Jennings, Jan, and Herbert Gottfried. American Vernacular Interior Architecture 1870- 1940. New York: Van Nostrand Reinhold Company, 1988. Johnson, Ed. Old House Woodwork Restoration: How to Restore Doors, Windows, Walls, Stairs and Decorative Trim to Their Original Beauty. Englewood Cliffs, New Jersey: Prentice -Hall, Inc., 1983. Labine, Clem, and Carolyn Flaherty (editors). The Old -House Journal Compendium. Woodstock, New York: The Overlook Press, 1980. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, rev. 1983. U.S. Department of Housing and Urban Development. Rehabilitation Guidelines, volume 111. Washington, D.C.: U.S. Department of Housing and Urban Development, 1980-84. Winkler, Gail Caskey, and Roger W. Moss. Victorian Interior Decoration: American Interiors 1830-1900. New York: Henry Holt and Company, 1986. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 Preservation Brief 18: Rehabili*g Interiors in Historic Buildings 0 Page 9 of 9 Acknowledgements This Preservation Brief is based on a discussion paper prepared by the author for a National Park Service regional workshop held in March, 1987, and on a paper written by Gary Hume, "Interior Spaces in Historic Buildings," October, 1987. Appreciation is extended to the staff of Technical Preservation Services Branch and to the staff of NPS regional offices who reviewed the manuscript and provided many useful suggestions. Washington, D.C. October, 1988 Home page logo: Detail of carving on interior shutter. Hammond -Harwood House, Annapolis, Maryland. Photo: NPS files. This publication has been prepared pursuant to the National Historic Preservation Act of 1966, as amended, which directs the Secretary of the Interior to develop and make available information concerning historic properties. Technical Preservation Services (TPS), Heritage Preservation Services Division, National Park Service prepares standards, guidelines, and other educational materials on responsible historic preservation treatments for a broad public. Order Brief I Technical Preservation Services I Preservation Briefs I Search I Questions/Answers KDW http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 10/28/2008 U Why interiors? Not too many qualitative distinctions between interior and exterior spaces....with the exception that many interior spaces arguably provide better examples of technical skills and architectural excellence. 61 • • Why interiors? Interiors have the ability to convey a more defined sense of place than many exteriors. Experience the spatial relationships. For example cathedrals in Europe- grandiose interior spaces make man feel inferior to God. 3 r� u Case Studies in Telluride -Sheridan Opera House (currently under renovation) -Sheridan Hotel (currently under renovation) -Telluride Historical Museum -County Courthouse Interior program. 2 city owned and 2 privately owned. Surveys completed in 1988 and 1997 to identify important elements. Telluride does not offer any incentives specific to interior landmarks. Each interior is treated on a case by case basis. Hierarchy of spaces within a building- historic spaces are treated more conservatively then non -historic spaces. S Faux victorian website.... original materials, built in features, etc. f 1 - :� � > ....ram ' ;.: t • • 1. Exterior Landmark Status MIM Criteria #1- Already an exterior landmark • • Definitions •Interior •Interior:'designated landmark •Interior finishes • • 3.a. Physical interior spaces, features, finishes and/or structural systems representative as part of the development, heritage or cultural characteristics in local, state, or national history Shotgun house example of floor plan that could be significant- tells a story. Typically no more than 12 feet wide, popular in southern U.S. Three to five rooms in a row with no hallways. Called shot gun house because you could fire a shot gun cleanly through the front door and out the back door of the house. Shotguns were popular before the widespread use of the automobile allowed people to live farther away from work. Building lots were small out of necessity- similar to row houses in the NE. Several were built at one time. In New Orleans for example, property tax was based on lot width. Shot gun house minimized property taxes. Most compelling reason was really cheap to build and superior natural air cooling qualities before A.C. was developed. 9 • • 3.b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important Decoration of Houses- manual of interior design written by Edith Wharton and architect Ogden Codman. Example ofa design philosophy- rooms should be based on simple, classical design principles such as symmetry and proportion and a sense of balance in architecture is needed. Specific chapters have to do with how rooms need to be arranged to achieve optimal comfort and usefulness. �[i7 • 3.c Represents an important event, pattern, or trend in local, state or national history t Lorraine Hotel in Memphis where Dr. Martin. Luther King, Jr. was shot on April 4ch 1970. 11 0 Historic Interiors 0 0 Case Studies in Telluride -Sheridan Opera House (currently under renovation) •Shendan Hotel (currently under renovation) -Telluride Historical Museum County Courthouse Definitions •Interior -Interior designated landmark I -Interior finishes L 0 0 3.a. Physical interior spaces, features, finishes and/or structural systems representative as part of the development, heritage or cultural characteristics in local, state, or national history O L 0 0 3.b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important 3.c Represents an important event, pattern, or trend in local, state or national history Preservation Brief 18: Rehabilitating Interiors in Historic Buildings • Page I of 9 Technical Preservation Services 1SPreservation Briefs National Park Service U.S. Department of the Interior Rehabilitating Interiors in Historic Buildings Identifying and Preserving Character -Defining Elements H. Ward Jandl »Identifying and Evaluating... »Recommended Approaches... »Meeting Building, Life Safety and Fire Codes »Sources of Assistance »Protecting Interior Elements... »Summary »Selected Reading List A NOTE TO OUR USERS: The web versions of the Preservation Briefs differ somewhat from the printed versions. Many illustrations are new, captions are simplified, illustrations are typically in color rather than black and white, and some complex charts have been omitted. A floor plan, the arrangement of spaces, and features and applied finishes may be individually or collectively important in defining the historic character of the building and the purpose for which it was constructed. Thus, their identification, retention, protection, and repair should be given prime consideration in every preservation project. Caution should be exercised in developing plans that would radically change character -defining spaces or that would obscure, damage or destroy interior features or finishes. The interiors of mills and industrial buildings are frequently open, unadorned spaces with exposed structural elements. While these spaces can serve many new uses, the floor to ceiling height and exposed truss system are character -defining features that should be retained in rehabilitation. While the exterior of a building may be its most prominent visible aspect, or its "public face," its interior can be even more important in conveying the building's history and development over time. Rehabilitation within the context of the Secretary of the Interior's Standards for Rehabilitation calls for the preservation of exterior and interior portions or features of the building that are significant to its historic, architectural and cultural values. Interior components worthy of preservation may include the building's plan (sequence of spaces and circulation patterns), the building's spaces (rooms and volumes), individual architectural features, and the various finishes and materials that make up the walls, floors, and ceilings. A theater auditorium or sequences of rooms such as double parlors or a lobby leading to a stairway that ascends to a http://www.nps.govihistory/hps/tps/briefs/briefl 8.htm 1/9/2008 Preservation Brief 18: Rehabilit*g Interiors in Historic Buildings is Page 2 of 9 Photo: NPs files. mezzanine may comprise a building's most important spaces. Individual rooms may contain notable features such as plaster cornices, millwork, parquet wood floors, and hardware. Paints, wall coverings, and finishing techniques such as graining, may provide color, texture, and patterns which add to a building's unique character. Virtually all rehabilitations of historic buildings involve some degree of interior alteration, even if the buildings are to be used for their original purpose. Interior rehabilitation proposals may range from preservation of existing features and spaces to total reconfigurations. In some cases, depending on the building, restoration may be warranted to preserve historic character adequately; in other cases, extensive alterations may be perfectly acceptable. This Preservation Brief has been developed to assist building owners and architects in identifying and evaluating those elements of a building's interior that contribute to its historic character and in planning for the preservation of those elements in the process of rehabilitation. The guidance applies to all building types and styles, from 18th century churches to 20th century office buildings. The Brief does not attempt to provide specific advice on preservation techniques and treatments, given the vast range of buildings, but rather suggests general preservation approaches to guide construction work. kZZM�W311 c Not only are the features of this early 20th century interior worthy of preservation, the planned sequence of spaces impart a grandeur that is characteristic of high style residences of the period. Photo: lack E. Boucher, HABs collection. Identifying and Evaluating the Importance of Interior Elements Prior to Rehabilitation Before determining what uses might be appropriate and before drawing up plans, a thorough professional assessment should be undertaken to identify those tangible architectural components that, prior to rehabilitation, convey the building's sense of time and place --that is, its "historic character." Such an assessment, accomplished by walking through and taking account of each element that makes up the interior, can help ensure that a truly compatible use for the building, one that requires minimal alteration to the building, is selected. Researching The Building's History A review of the building's history will reveal why and when the building achieved significance or how it contributes to the significance of the district. This information helps to evaluate whether a particular rehabilitation treatment will be appropriate to the building and whether it will preserve those tangible components of the building that convey its significance for association with specific events or persons along with its architectural importance. In this regard, National Register files may prove useful in explaining why and for what period of time the building is significant. In some cases research may show that later alterations are significant to the building; in other cases, the alterations may be without historical or architectural merit, and may be removed in http://www.nps.govihistory/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: Rehabilittng Interiors in Historic Buildings • Page 3 of 9 the rehabilitation. Identifying Interior Elements Many institutional buildings possess distinctive spaces or floor plans that are important in conveying the significance of the property. This grand hall, which occupies the entire floor of the building, could not be subdivided without destroying the integrity of the space. Photo: NPS files. occurred within the building. Interiors of buildings can be seen as a series of primary and secondary spaces. The goal of the assessment is to identify which elements contribute to the building's character and which do not. Sometimes it will be the sequence and flow of spaces, and not just the individual rooms themselves, that contribute to the building's character. This is particularly evident in buildings that have strong central axes or those that are consciously asymmetrical in design. In other cases, it may be the size or shape of the space that is distinctive. The importance of some interiors may not be readily apparent based on a visual inspection; sometimes rooms that do not appear to be architecturally distinguished are associated with important persons and events that Primary spaces, are found in all buildings, both monumental and modest. Examples may include foyers, corridors, elevator lobbies, assembly rooms, stairhalls, and parlors. Often they are the places in the building that the public uses and sees; sometimes they are the most architecturally detailed spaces in the building, carefully proportioned and finished with costly materials. They may be functionally and architecturally related to the building's external appearance. In a simpler building, a primary space may be distinguishable only by its location, size, proportions, or use. Primary spaces are always important to the character of the building and should be preserved. Secondary spaces are generally more utilitarian in appearance and size than primary spaces. They may include areas and rooms that service the building, such as bathrooms, and kitchens. Examples of secondary spaces in a commercial or office structure may include storerooms, service corridors, and in some cases, the offices themselves. Secondary spaces tend to be of less importance to the building and may accept greater change in the course of work without compromising the building's historic character. The interior of this 19th worker's house has not been properly maintained, but it may be as important historically as a richly ornamented interior. Its wide baseboards, flat Spaces are often designed to interrelate both visually window trim, and four -panel door and functionally. The sequence of spaces, such as should be carefully preserved in a vestibule -hall -parlor or foyer -lobby -stair -auditorium rehabilitation project. Photo: NPS files. or stairhall-corridor-classroom, can define and express the building's historic function and unique character. Important sequences of spaces should be identified and retained in the rehabilitation project. Floor plans may also be distinctive and characteristic of a style of architecture or a http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: RehabiliOpg Interiors in Historic Buildings • Page 4 of 9 region. Examples include Greek Revival and shotgun houses. Floor plans may also reflect social, educational, and medical theories of the period. Many 19th century psychiatric institutions, for example, had plans based on the ideas of Thomas Kirkbride, a Philadelphia doctor who authored a book on asylum design. In addition to evaluating the relative importance of the various spaces, the assessment should identify architectural features and finishes that are part of the interior's history and character. Marble or wood wainscoting in corridors, elevator cabs, crown molding, baseboards, mantels, ceiling medallions, window and door trim, tile and parquet floors, and staircases are among those features that can be found in historic buildings. Architectural finishes of note may include grained woodwork, marbleized columns, and plastered walls. Those features that are characteristic of the building's style and period of construction should, again, be retained in the rehabilitation. Features and finishes, even if machine -made and not exhibiting particularly fine craftsmanship, may be character defining; these would include pressed metal ceilings and millwork around windows and doors. The interior of a plain, simple detailed worker's house of the 19th century may be as important historically as a richly ornamented, high - style townhouse of the same period. Both resources, if equally intact, convey important information about the early inhabitants and deserve the same careful attention to detail in the preservation process. The location and condition of the building's existing heating, plumbing, and electrical systems also need to be noted in the assessment. The visible features of historic systems --radiators, grilles, light fixtures, switchplates, bathtubs, etc. --can contribute to the overall character of the building, even if the systems themselves need upgrading. Assessing Alterations and Deterioration In assessing a building's interior, it is important to ascertain the extent of alteration and deterioration that may have taken place over the years; these factors help determine what degree of change is appropriate in the project. Close examination of existing fabric and original floorplans, where available, can reveal which alterations have been additive, such as new partitions inserted for functional or structural reasons and historic features covered up rather than destroyed. It can also reveal which have been subtractive, such as key walls removed and architectural features destroyed. If an interior has been modified by additive changes and if these changes have not acquired significance, it may be relatively easy to remove the alterations and return the interior to its historic appearance. If an interior has been greatly altered through subtractive changes, there may be more latitude in making further alterations in the process of rehabilitation because the integrity of the interior has been compromised. At the same time, if the interior had been exceptionally significant, and solid documentation on its historic condition is available, reconstruction of the missing features may be the preferred option. It is always a recommended practice to photograph interior spaces and features thoroughly prior to rehabilitation. Measured floor plans showing the existing conditions are extremely useful. This documentation is invaluable in drawing up rehabilitation plans and specifications and in assessing the impact of changes to the property for historic preservation certification purposes. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: Rehabiling Interiors in Historic Buildings . Page 5 of 9 This corridor has glazed walls, oak trim, and marble wainscotting, typical of those found in the late 19th and early 20th century office buildings. Corridors such as this, displaying simple detailing, should be a priority in rehabilitation projects involving commercial buildings. Photo: NPS files. Drawing Up Plans and Executing Work If the historic building is to be rehabilitated, it is critical that the new use not require substantial alteration of distinctive spaces or removal of character -defining architectural features or finishes. If an interior loses the physical vestiges of its past as well as its historic function, the sense of time and place associated both with the building and the district in which it is located is lost. The recommended approaches that follow address common problems associated with the rehabilitation of historic interiors and have been adapted from the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Adherence to these suggestions can help ensure that character -defining interior elements are preserved in the process of rehabilitation. The checklist covers a range of situations and is not intended to be all-inclusive. Readers are strongly encouraged to review the full set of guidelines before undertaking any rehabilitation project. Recommended Approaches for Rehabilitating Historic Interiors 1. Retain and preserve floor plans and interior spaces that are important in defining the overall historic character of the building. This includes the size, configuration, proportion, and relationship of rooms and corridors; the relationship of features to spaces; and the spaces themselves such as lobbies, reception halls, entrance halls, double parlors, theaters, auditoriums, and important industrial or commercial use spaces. Put service functions required by the building's new use, such as bathrooms, mechanical equipment, and office machines, in secondary spaces. 2. Avoid subdividing spaces that are characteristic of a building type or style or that are directly associated with specific persons or patterns of events. Space may be subdivided both vertically through the insertion of new partitions or horizontally through insertion of new floors or mezzanines. The insertion of new additional floors should be considered only when they will not damage or destroy the structural system or obscure, damage, or destroy character -defining spaces, features, or finishes. If rooms have already been subdivided through an earlier insensitive renovation, consider removing the partitions and restoring the room to its original proportions and size. 3. Avoid making new cuts in floors and ceilings where such cuts would change character -defining spaces and the historic configuration of such spaces. Inserting of a new atrium or a lightwell is appropriate only in very limited situations where the existing interiors are not historically or architecturally distinguished. 4. Avoid installing dropped ceilings below ornamental ceilings or in rooms where high ceilings are part of the building's character. In addition to obscuring or destroying significant http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: Rehabili*g Interiors in Historic Buildings • Page 6 of 9 Furring out exterior walls to add insulation and suspending new ceilings to hide ductwork can change a room's proportions and cause interior features to appear fragmented. The interior character of this school classroom that was converted to apartment use has been destroyed. Drawing: Neal A. Vogel details, such treatments will also change the space's proportions. If dropped ceilings are installed in buildings that lack character -defining spaces, such as mills and factories, they should be well set back from the windows so they are not visible from the exterior. S. Retain and preserve interior features and finishes that are important in defining the overall historic character of the building. This might include columns, doors, cornices, baseboards, fireplaces and mantels, paneling, light fixtures, elevator cabs, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbleizing, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors, and ceilings. 6. Retain stairs in their historic configuration and to location. If a second means of egress is required, consider constructing new stairs in secondary spaces. The application of fire -retardant coatings, such as intumescent paints; the installation of fire suppression systems, such as sprinklers; and the construction of glass enclosures can in many cases permit retention of stairs and other character -defining features. 7. Retain and preserve visible features of early mechanical systems that are important in defining the overall historic character of the building, such as radiators, vents, fans, grilles, plumbing fixtures, switchplates, and lights. If new heating, air conditioning, lighting and plumbing systems are installed, they should be done in a way that does not destroy character -defining spaces, features and finishes. Ducts, pipes, and wiring should be installed as inconspicuously as possible: in secondary spaces, in the attic or basement if possible, or in closets. S. Avoid "furring out" perimeter walls for insulation purposes. This requires unnecessary removal of window trim and can change a room's proportions. Consider alternative means of improving thermal performance, such as installing insulation in attics and basements and adding storm windows. 9. Avoid removing paint and plaster from traditionally finished surfaces, to expose masonry and wood. Conversely, avoid painting previously unpainted millwork. Repairing deteriorated plasterwork is encouraged. If the plaster is too deteriorated to save, and the walls and ceilings are not highly ornamented, gypsum board may be an acceptable replacement material. The use of paint colors appropriate to the period of the building's construction is encouraged. Plaster has been removed from perimeter walls, leaving brick exposed. The plaster should have been retained and repaired, as necessary. Photo: NPS files. 10. Avoid using destructive methods --propane and butane torches or sandblasting --to remove paint or other coatings from historic features. Avoid harsh cleaning agents that can change the appearance of wood. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: Rehabiling Interiors in Historic Buildings Page 7 of 9 Meeting Building, Life Safety and Fire Codes Buildings undergoing rehabilitation must comply with existing building, life safety and fire codes. The application of codes to specific projects varies from building to building, and town to town. Code requirements may make some reuse proposals impractical; in other cases, only minor changes may be needed to bring the project into compliance. In some situations, it may be possible to obtain a code variance to preserve distinctive interior features. (It should be noted that the Secretary's Standards for Rehabilitation take precedence over other regulations and codes in determining whether a rehabilitation project qualifies for Federal tax benefits.) A thorough understanding of the applicable regulations and close coordination with code officials, building inspectors, and fire marshals can prevent the alteration of significant historic interiors. Sources of Assistance Rehabilitation and restoration work should be undertaken by professionals who have an established reputation in the field. Given the wide range of interior work items, from ornamental plaster repair to marble cleaning and the application of graining, it is possible that a number of specialists and subcontractors will need to be brought in to bring the project to completion. State Historic Preservation Officers and local preservation organizations may be a useful source of information in this regard. Good sources of information on appropriate preservation techniques for specific interior features and finishes include the Bulletin of the Association for Preservation Technology and The Old -House Journal; other useful publications are listed in the bibliography. Protecting Interior Elements During Rehabilitation Architectural features and finishes to be preserved in the process of rehabilitation should be clearly marked on plans and at the site. This step, along with careful supervision of the interior demolition work and protection against arson and vandalism, can prevent the unintended destruction of architectural elements that contribute to the building's historic character. Protective coverings should be installed around architectural features and finishes to avoid damage in the course of construction work and to protect workers. Staircases and floors, in particular, are subjected to dirt and heavy wear, and the risk exists of incurring costly or irreparable damage. In most cases, the best, and least costly, preservation approach is to design and construct a protective system that enables stairs and floors to be used yet protects them from damage. Other architectural features such as mantels, doors, wainscoting, and decorative finishes may be protected by using heavy canvas or plastic sheets. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 Preservation Brief 18: Rehabilig Interiors in Historic Buildings 0 Page 8 of 9 Summary After rehabilitation, this Beverly deteriorated space was returned to its original elegance. Plaster was repaired and repainted; scagliola colums were restored to match marble; and missing decorative metalwork was re -installed in front of the windows. Photo: Carol M. Highsmith. Selected Reading List In many cases, the interior of a historic building is as important as its exterior. The careful identification and evaluation of interior architectural elements, after undertaking research on the building's history and use, is critically important before changes to the building are contemplated. Only after this evaluation should new uses be decided and plans be drawn up. The best rehabilitation is one that preserves and protects those rooms, sequences of spaces, features and finishes that define and shape the overall historic character of the building. There are few books written exclusively on preserving historic interiors, and most of these tend to focus on residential interiors. Articles on the subject appear regularly in The Old -House Journal, the Bulletin of the Association for Preservation Technology, and Historic Preservation Magazine. Ferro, Maximilian L., and Melissa L. Cook. Electric Wiring and Lighting in Historic American Buildings. New Bedford, Massachusetts: AFC/A Nortek Company, 1984. Fisher, Charles E. "Temporary Protection of Historic Stairways During Rehabilitation Work." Preservation Tech Note. Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1985. Jennings, Jan, and Herbert Gottfried. American Vernacular Interior Architecture 1870- 1940. New York: Van Nostrand Reinhold Company, 1988. Johnson, Ed. Old House Woodwork Restoration: How to Restore Doors, Windows, Walls, Stairs and Decorative Trim to Their Original Beauty. Englewood Cliffs, New Jersey: Prentice -Hall, Inc., 1983. Labine, Clem, and Carolyn Flaherty (editors). The Old -House Journal Compendium. Woodstock, New York: The Overlook Press, 1980. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, rev. 1983. U.S. Department of Housing and Urban Development. Rehabilitation Guidelines, volume 111. Washington, D.C.: U.S. Department of Housing and Urban Development, 1980-84. Winkler, Gail Caskey, and Roger W. Moss. Victorian Interior Decoration: American Interiors 1830-1900. New York: Henry Holt and Company, 1986. http://www.nps.gov/history/hps/tps/briefs/briefI 8.htm 1/9/2008 Preservation Brief 18: Rehabili6ng Interiors in Historic Buildings Page 9 of 9 Acknowledgements This Preservation Brief is based on a discussion paper prepared by the author for a National Park Service regional workshop held in March, 1987, and on a paper written by Gary Hume, "Interior Spaces in Historic Buildings," October, 1987. Appreciation is extended to the staff of Technical Preservation Services Branch and to the staff of NPS regional offices who reviewed the manuscript and provided many useful suggestions. Washington, D.C. October, 1988 Home page logo: Detail of carving on interior shutter. Hammond -Harwood House, Annapolis, Maryland. Photo: NPS files. This publication has been prepared pursuant to the National Historic Preservation Act of 1966, as amended, which directs the Secretary of the Interior to develop and make available information concerning historic properties. Technical Preservation Services (TPS), Heritage Preservation Services Division, National Park Service prepares standards, guidelines, and other educational materials on responsible historic preservation treatments for a broad public. Order Brief I Technical Preservation Services I Preservation Briefs I Search I Questions/Answers KDW http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /9/2008 MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Preservation Planner THRU: Chris Bendon, Community Development Director DATE OF MEMO: December 31, 2007 MEETING DATE: January 8, 2008 RE: Commercial Core Moratorium/ Historic Interior Code Amendments REQUEST OF COUNCIL: As part of the Commercial Core Moratorium currently in place, City Council is asked to give Staff direction regarding the designation of historic interiors in Aspen. BACKGROUND: On December 12, 2006, City Council adopted Ordinance #51, Series of 2006, a moratorium on obtaining a building permit for interior work in the Commercial Core Historic District. One aspect of Ordinance #51 included "preserving current vitality, character, and history of the City's central business area." At that time, Council directed Staff to research historic interior landmark designations. Staff introduced interior designation criteria during two City Council worksessions in the first quarter of 2007. Code amendments regarding interiors were put on hold during the Ordinance #30/48 discussions. Council's disposition on Ordinance #48 was to postpone further designations until the Task Force completes its work. Owners of historic landmarks located in the Commercial Core Historic District who need to submit an interior building permit during the interior moratorium have the option to enter into a written agreement with the City to preserve specific interior historic elements. The Red Onion is the only interior that entered into a written agreement with the City to gain exemption from the moratorium. Work is currently underway to restore specific historic elements in the bar area. Staff compiled case studies from other municipalities, and continues to work on the restoration of the Red Onion. This research and experience are the basis for the specific criteria that Staff developed. Because the moratorium expires June W2008, Staff scheduled meetings in January with the Historic Preservation Commission and the Planning and Zoning Commission to review the Revised 1/8/2008 G:\city\Saraa\interiors\councilworksessionjan8.doc Page 1 of 2 proposed Code amendments and make a recommendation to City Council. Staff believes that only a few intact potentially historic interiors with public accessibility exist in Aspen. DISCUSSION: Considering Ordinance #30/48 and the formation of a task force to examine the historic preservation program, Staff needs direction from Council regarding the historic interior portion of the Commercial Core moratorium. Staff proposes three options to Council: 1) Table the Discussion. Pro: This option would incorporate interior designations into the task force discussions and resultant Code amendments to the historic preservation chapter. Con: The potentially historic interiors protected by the Commercial Core moratorium (i.e. they are located in the CC zon district) will be released and 4 protected as of June 12, 2008. p � l J 2) Interim Code Amendments. Option #2 is to go forward wit Code amendments before the moratorium expires with the understanding that the new language may be modified by in the future, depending on the outcome of the Historic Preservation Policy Task Force. The Code amendments in Option #2 include involuntary designation initiated by a simple majority of City Council or HPC. Employ a consultant to inventory important interiors in town. Pro: Option #2 creates authority to designate historic interior landmarks in Aspen. Con: Council would amend the Historic Preservation Chapter of the Land Use Code while it is undergoing examination by the task force. 3) Voluntary Regulations. Option #3 is similar to #2 in that Code Amendments are adopted before the moratorium expires. However, this option initially introduces voluntary interior designation regulations with the acknowledgement of the Historic Preservation Policy Task Force program review. Pro: Option #3 creates authority to designate interior landmarks and provides the Historic Preservation Policy Task Force with basic regulations to review. Con: Council would adopt new historic preservation regulations without extensive public input. The voluntary component of the regulations, which beneficial incentives have yet to be developed, could result in the loss of historic interiors. Please note that in all cases, a comprehensive survey of interiors that may have historic significance should be undertaken as soon as possible, as well as, the development of design guidelines for historic interiors. ,_/' V Revised 1/8/2008 G:\city\Saraa\interiors\councilworksessionjan8.doc Page 2 of 2 0 • MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Sara Adams, Preservation Planner RE: Commercial Core Moratorium/ Historic Interior Code Amendments Worksession DATE: January9, 2008 On December 12, 2006, City Council adopted Ordinance #51, Series of 2006, a moratorium on obtaining a building permit for interior work in the Commercial Core Historic District, which is in effect until June 12, 2008. One stated goal of Ordinance #51 includes "preserving current vitality, character, and history of the City's central business area." At that time, Council directed Staff to research historic interior landmark designations. Staff introduced interior designation criteria during two City Council worksessions in the first quarter of 2007. Code amendments regarding interiors were put on hold during the Ordinance #30/48 discussions about designating additional 20`h century properties as landmarks. Since Ordinance #51 went into effect, owners of historic landmarks located in the Commercial Core Historic District who need to submit an interior building permit have the option to enter into a written agreement with the City to preserve specific interior historic elements. The Red Onion is the only interior that entered into a written agreement with the City to gain exemption from the moratorium. Work is currently underway to restore specific historic elements in the bar area. Staff continues to work on the restoration of the Red Onion while compiling information on interior designation from other municipalities. This research and experience are the basis for the specific criteria that Staff developed and propose for the code amendment. Staff is meeting with City Council on January 8, 2008 to get direction regarding how the proposed historic interior code amendments relate to the Task Force and Ordinance #48. Two meetings on historic interiors are scheduled for the Planning and Zoning Commission; January 8d' and January 15''. Staff shall provide background on historic interior designation during the first meeting and explain the specific Code amendments at the second meeting. The Historic Preservation Commission (HPC) is scheduled to review and comment on the proposed Code Amendments on January 9`h. HPC comments will be presented to the Planning and Zoning Commission on January 15'', at which time the Commission is asked to make a recommendation on the Code Amendments to City Council. BACKGROUND: In 1972 a citizen's group named "Save the Victorians" encouraged City Council to adopt an historic preservation ordinance. Aspen became one of the first communities in the state, and municipalities in the nation, to adopt historic preservation regulations. Since 1972, Aspen has been at the forefront of preservation practice: for example, Aspen and Pitkin County adopted the first mandatory historic preservation contractor licensing program in the country in 1999. Amending the Code to permit interior designation is a logical next step to preserving Aspen's heritage. There do not seem to be many qualitative distinctions between interior and exterior 1 Exhibit A includes a timeline of Aspen's Historic Preservation Program. Page - 1 -of 3 spaces, with the exception that many interior spaces often provide better examples of technical skill and architectural excellence. Interiors have the ability to convey a more defined sense of place than many exteriors. INTERIOR DESIGNATION CONCEPTS: Interior designation addresses specific architectural elements, construction techniques and defined spaces (i.e. floor plans) within an already designated exterior landmark. Based on previous court decisions, a designated historic interior must be customarily accessible to the public in order to have a valid public purpose. Staff examined interior designation criteria adopted by other municipalities and the recent experience with the Red Onion interior to develop the proposed code amendments. Telluride, in terms of a small Colorado town with Victorian era heritage, is the most relevant example to Aspen. Telluride: Telluride currently has four designated interiors- two are City owned (courthouse and Telluride historic museum) and two are privately owned (Sheridan Hotel and Sheridan Opera House). Comprehensive surveys were completed for each interior in 1988 and again in 1997 to identify important historic elements. The Historic and Architectural Review Committee (HARC) has purview over the entire interior, and uses the National Park Service Rehabilitation Standards and Preservation Brief #182 in conjunction with the comprehensive surveys to review alterations and renovations of the interior. Telluride does not offer any specific incentives for interior designations. Unlike Aspen, the entire town of Telluride is an historic district with one specific period of significance: 1878 — 1913. Simplicity and consistency with Victorian era style are general philosophies in Telluride for alterations. They use historic photographs and documentation to recreate historic elements in designated interiors that are heavily deteriorated or lost. The HARC is more flexible with changes to portions of an interior that are not historic; however, they must be compatible with the historic elements. They treat each interior on a case by case basis, and Preservation Staff develops specifications for each project that outline what construction techniques and rehabilitation methods are acceptable. Similar to Aspen's "staff and monitor" procedure, if information is discovered during the construction process, Telluride's HARC authorize the Chairman of the HARC and Staff to review alterations to the approvals granted. Red Onion, Aspen: Staff has been working with the property owners of the Red Onion since spring 2007 to rehabilitate the historic Red Onion bar. Using historic photographs, Staff identified the historic elements in the bar area, which were subsequently included in the building agreement made between the City of Aspen and the property owners. The HPC made a recommendation regarding the preservation and conservation (i.e. techniques used for preservation) of these elements. Unlike Telluride's interior regulations that designate the entire building, HPC's purview was limited to the historic bar area at the front of the building and did not include the elements or layout of the rear area of the building. New York City designates specific interior spaces, for example: the lobby and a few of the lounges in the Plaza Hotel are designated interior landmarks, while the remainder of the interior is not designated. The Landmark Preservation Commission in New York City does not have purview over the non - designated rooms in the Plaza Hotel. 2 Refer to Exhibit C for Preservation Brief # 18 "Rehabilitating Interiors in Historic Buildings: Identifying and Preserving Character -Defining Elements." G:\city\Saraa\interiors\interiorinemoHPC.doc Page -2-of3 The Red Onion is a good working example of the details required for interior designation. Each specific historic element was identified, documented and is currently being restored. New light fixtures, tables and benches are designed for both the historic bar and the rest of the restaurant, which will replace many non -historic elements. Because the Red Onion owners entered into a building agreement with the City regarding the preservation of specific elements, the HPC and Staff did not have purview over the new fixtures in the historic space. There is currently no authority for the designation of interiors in Aspen. It is important to maintain consistency in an historic space by introducing new compatible fixtures and furnishings. Many municipalities accomplish consistency and compatibility through the interior designation review process. OVERVIEW OF PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities. 3There must be a certain degree of intact integrity for an interior to qualify for designation. The exterior must be a designated landmark and the interior must be customarily accessible to the public. In terms of process, the landmark review process for interiors mirrors the process for exteriors. The main difference between interior and exterior designations is that HPC shall define the interior space to be designated in a recommendation to City Council, while exterior designation is typically defined by the parcel boundaries. Staff proposes that interior alterations be considered a Minor Development application, unless the project includes exterior modifications, which would then be considered a Major Development application. Staff proposes to use the National Park Service Rehabilitation Standards and Preservation Briefs for guidance regarding alterations until the Historic Preservation Design Guidelines are updated to include interiors. NEXT STEPS: A consultant shall be contracted to inventory interiors that potentially qualify for interior designation. After a survey is complete, each interior will need to go through a designation process to gain landmark status. This process is similar to exterior landmark designation process: a recommendation from HPC to City Council. Interior designation is not limited to the Commercial Core Historic District; it applies to the entire City of Aspen. Designation criteria and the review process came under intense public scrutiny over the past few months during the Ordinance #30/48 discussions. The Task Force is formulated to address these concerns, in addition to analyzing the entire historic preservation program. After the January 8th worksession with Council, Staff will have clarity regarding how interior designations- a topic that is directly are linked to the Commercial Core moratorium adopted by the previous Council - fit in with the Task Force and Ordinance #48. SIDE NOTE: Staff added Section 26.415.070.1)(4)(a)(5) to require that a detailed landscape plan be submitted as part of the Final Review application for Major Development. ATTACHMENTS: EXHIBIT A - Timeline of historic preservation program EXHIBIT B - Proposed code amendments EXHIBIT C — Preservation Brief # 18 3 Exhibit B identifies the proposed code amendments. G:\city\Saraa\interiors\interiormemoHPC.doc Page -3-of3 Exhibit B: Attached is Section 26.415 of the Land Use Code "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H, " Historic Overlay District" in its entirety for your reference. ■ Text being removed is bold red and strikethrough. Text being removed loom 1.1ke-this. ■ Text being added is bold green and underline. Text being added looks like this. ■ Text which is not highlighted is not affected. Chapter 26.415 DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT Sec. 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 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]) Sec. 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 Page 1 of 27 0 . 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 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. Integrity. The ability of a property to convey its significance relative to the aspects of location, setting, design, materials, workmanship and association. Interior: Any element situated within the exterior walls of a building, which includes and is not limited to interior exposed structural systems and visible surfaces. Interior designated landmark: An interior that is listed on the Aspen InventoryY of Historic Landmark Sites and Structures. Interior finishes: Interior finishes important in defining,, the overall character of the building include but are not limited to: built in features, columns, cornices, baseboards, fireplaces and mantles, trim, signs, ceiling, materials, paneling, light fixtures, hardware, flooring wallpaper, plaster, paint, finishes such as stenciling, marbling, graining, historic graffiti, and other decorative materials that accent interior features. 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. Page 2 of 27 • 9 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]) Sec. 26.415.030. Designation of historic properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Site 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, interiors and objects located in the City 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 for designation of property or district. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties will 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: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, design, 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) years prior to the year in which 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: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history, Page 3 of 27 �J 1] b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented, or c. A physical design that embodies the distinctive characteristics of a type, period or method of construction or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under Paragraph 2 above, if the application has been filed by the owner of the property at the time of designation or, when designating an historic district, the majority of the contributing resources in the district meet the thirty-year age criterion described above. 4. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the Community Development Department. If there are no building permit records available, the building shall be assumed to be, in whole or in part, at least thirty (30) years old. 5. The Historic Preservation Commission shall adopt, maintain and make available to the public guidelines, score sheets and other devices used by the Commission to apply the criteria set forth in this Chapter to properties potentially eligible for inclusion on the inventory. C. Criteria for Desiknation of interior landmark To be eligible for interior designation on the Aspen Inventory of Historic Landmark Sites and Structures an individual building must have a demonstrated quality of significance. The significance of interior spaces shall be evaluated according to the following criteria below: 1. The property is listed on the Aspen Inventory of Historic Landmark Sites and Structures, and, 2. The interior is customarily open or accessible to the public, or to which the public is customarily invited; and, 3. The property demonstrates adequate inte tg_ity of design, materials, and workmanship, and is related to one or more of the following: a. Contains physical interior spaces, features, finishes and/or structural systems representative as part of the development, heritage or cultural characteristics in local, state, or national history. i. Exposed structural systems (i.e. wood beams, posts, stone foundation walls) that are characteristic of construction and contribute to the overall significance of the building's historic character. ii. Contains a significant amount of historic interior finishes, as described in the definition of interior Page 4 of 27 • finishes, which contribute to the overall significance of the building's character. b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. c. Represents an important event, pattern, or trend in local, state or national history. D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a building, district, site, structure or object on the Aspen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property, interior or collection of properties shall include the following: 1. The applicable information required in Paragraphs 26.304.030.B.1., 2., 3. and 4. 2. Site or historic district boundary map. 3. Property, interior 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. Identification of the character -defining features that distinguish the entity which should be preserved. 6. Detailed floor plans are required for interior designation applications. 4 E. Review, Public Hearings and Notice. 1. The Community Development Department shall maintain a database indicating the construction date of all structures within the City. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the Community Development Department. If there are no building permit records available, the structure shall be assumed to be, in whole or in part, at least thirty (30) years old. This database shall be available for public inspection during normal business hours and on the Community Development Department's website. 2. 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. 3. 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 Subparagraphs 26.304.060.E.3.a., b. and c., except when the Community Page 5 of 27 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 owners 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 certified 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. The HPC shall evaluate the application to determine if the property, interior 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 interior's eligibility for designation. The HPC shall identify the specific interior finishes, elements and spaces that are considered historic and meet the criteria listed in 26.415.035.B. 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. 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 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. 6. 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) Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior 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]) Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a property and/or interior 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 and/or interior from the inventory. A parcel created through an historic Landmark lot split cannot be de -listed unless Page 6 of 27 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) Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual building, interior 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(Ex3) 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. 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. 3. The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the Interior National Park Service shall apply to designated interior landmarks until such time that design guidelines specific to interior preservation are adopted. C. Special consideration. 1. To preserve and maintain the historic and architectural character of designated properties and/or interiors, 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. Page 7 of 27 0 . 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) Sec. 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, interior 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. The followingexemptions xemptions that do not require development review procedures apply only to properties that are not designated interior landmarks: jell tee are _ 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. 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 or designated interior. 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: Page 8 of 27 u E 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. 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 fagades 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: Page 9 of 27 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 fagade, 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 effector 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 or interior 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 or f. The renovation of designated interior landmarks when the work does not qualify for a certificate of no negative effect. 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, site improvements, liLuhting 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 Page 10 of 27 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. 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 fagade 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: Page 11 of 27 (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 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 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. 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 Page 12 of 27 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: (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. (5) A detailed site plan and landscape plan illustrating proposed walkways, planting, and site grading. Page 13 of 27 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 requests for amendments, insubstantial or substantial, must be in writing and accompanied by drawing(s) and elevations as specified below. 1. Insubstantial amendments. that: a. Insubstantial amendments are minor modifications to HPC approved plans (1) Address circumstances discovered in the course of construction that could not have been reasonably anticipated during the approval process or Page 14 of 27 (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. (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. Page 15 of 27 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) Sec. 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. 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 Page 16 of 27 for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application ►ncets 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 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 Page 17 of 27 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. 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) Page 18 of 27 0 • Sec. 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 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. Page 19 of 27 • 0 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 projects 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 'ball 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 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 Page 20 of 27 • 0 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]) Sec. 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. 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. Page 21 of 27 0 0 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 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, 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 Page 22 of 27 conduct an 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.I 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]) See. 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. A complete list of benefits available to properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be found in Chapter 26.420. A. Historic landmark lot split. This provision provides an exemption from the subdivision and growth management quota system, pursuant to Sections 26.480.030 and 26.470.070, allowing owners of designated historic properties to create a second unit in addition to the historic building on their lot through the subdivision of the property. All parcels created through a Historic Landmark lot split shall retain designation on the Aspen Inventory of Historic Sites and Structures. Page 23 of 27 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. B. 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; 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. C. 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. Page 24 of 27 • D. Conditional uses. A variety of conditional uses are allowed for designated historic properties. These uses are identified in Chapter 26.710. E. 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. 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. F. 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. Waiver of fees. Designated historic properties may apply for the waiver of various City fees if it can be demonstrated the waiver shall assist in the preservation of the designated historic property. (Ord. No. 1-2002, § 7 [part]; Ord. No. 43, 2004, § 4; Ord. No. 52- 2003, § 9) Page 25 of 27 Sec. 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. 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) Sec. 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]) Sec. 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. Page 26 of 27 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]) Page 27 of 27 Resolution No. 3 (Series of 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE. CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 26.415 "DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN `H' HISTORIC OVERLAY DISTRICT" OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: WHEREAS, the City Council of the City of Aspen directed the Community Develop- ment Director to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to Chapter 26.415 "Development In- volving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" of the Land Use Code, Title 26 of the Aspen Municipal Code; and, WHEREAS, the purpose of Chapter 26.415 of the Land Use Code, Title 26 of the As- pen Municipal Code is to promote the public health, safety and welfare through the protec- tion, enhancement and preservation of those properties, areas and sites which represent dis- tinct elements of Aspen's cultural, educational, social, economic, political and architectural history; and, WHEREAS, the designation of interior landmarks in the City of Aspen promotes the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent distinct elements of Aspen's cultural, edu- cational, social, economic, political and architectural history; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Historic Preservation Commission, during their regular meeting on January 9, 2008, by a vote of seven to zero (7 — 0) recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to Chapter 26.415 on January 15, 2008 took and consid- ered public testimony and the recommendation of the Community Development Director and recommended, by a seven to zero (7 — 0) vote, City Council adopt the proposed amend- ments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein; and, Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 1 of 8 • • WHEREAS, the amendments to the Land Use Code are delineated as follows: ■ Text being removed is bold red and strikethrough. Text being removed loeli% ■ Text being added is bold green and underline. Text being added looks like this. ■ Text which is not highlighted is not affected. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Chapter 26.415— "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" by making the following deletions (indicated in orange with a strikethrough) and additions (indicated in green and underlined): 26.415.020 Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Interior: Any element situated within the exterior walls of a building, which in- cludes and is not limited to interior exposed structural systems, floor plans and visi- ble surfaces. Interior designated landmark: An interior that is listed on the Aspen Inventory of Historic Landmark Sites and Structures. Interior finishes: Interior finishes important in defining the overall character of the building include but are not limited to: built in features, columns, cornices, base- boards, fireplaces and mantles, trim, signs, ceiling materials, paneling, light fixtures, hardware, flooring, wallpaper, plaster, paint, finishes such as stenciling, marbling, graining, historic graffiti, and other decorative materials that accent interior fea- tures. Sec. 26.415.030. Designation of historic properties. A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The Aspen Inventory of Historic Landmark Sites and Structures has been estab- lished by City Council to formally recognize those districts, buildings, structures, sites, interiors and objects located in the City that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 2 of 8 culture. The location of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. B. Criteria or designation of a property or district. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or ob- jects must have a demonstrated quality of significance. The significance of proper- ties will be evaluated according to the following criteria. When designating an his- toric district, the majority of the contributing resources in the district must meet the criteria described below: C. Criteria for Designation ofan interior landmark To be eligible for interior des- ignation on the Aspen Inventory of Historic Landmark Sites and Structures an indi- vidual building must have a demonstrated quality of significance. The significance of interior spaces shall be evaluated according to the following criteria below: 1. The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures: and, 2. The interior is customarily pen or accessible to the public, or to which the public is customarily invited; and, 3. The interior demonstrates adequate integrity of design, materials, and workmanship and is related to one or more of the following: a. Contains phvsical interior spaces, features, finishes and/or struc- tural systems representative as part of the development, heritage or cultural characteristics in local. state, or national history, such as: i. Exposed structural systems i.e. wood beams, posts, stone foundation walls) that are characteristic of construction and contribute to the overall significance of the building's his- toric character; or ii. A significant amount of historic interior finishes, as de- scribed in the definition of interior finishes, which contrib- ute to the overall significance of the building's character: or b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important; or c. Represents an important event pattern, or trend in local, state or national history. C= D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPQ or the City Council may file an ap- plication for designation of a building, district, site, structure or object on the As- pen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property, interior or collection of properties shall include the fol- lowing: 1. The applicable information required in Paragraphs 26.304.030.B.1., 2., 3. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 3 of 8 and 4. 2. Site or historic district boundary map. 3. Property. interior or district description, including narrative text, photo- graphs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character -defining features that distinguish the entity which should be preserved. 6 Detailed floor plans are required for interior designation applications. E. Review, Public Hearings and Notice. 4. The HPC shall evaluate the application to determine if the property, interior 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 informa- tion about eligibility for designation. When designating an interior. the HPC shall identify t�pecific interior finishes elements and spaces that are considered his- toric and meet the criteria listed in 26.415.030.C.3. The HPC may recommend ap- proval, disapproval or continuance of the application to request additional informa- tion necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior 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. Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a propertyand/or interior 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 prop- erty no longer meets the criteria for designation and, if so, shall remove the property and/or interior 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 inven- tory. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 4 of 8 0 • Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual build- ing, interior or located in an historic district, unless determined exempt, requires the ap- proval of a development order and either a certificate of no negative effect or a certifi- cate of appropriateness before a building permit or any other work authorization will be issued by the City. B. Design guidelines. 3 The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the Interior Na- tional Park Service shall apply to designated interior landmarks until such time that design guidelines specific to interior preservation are adopted. C. Special consideration. 1. To preserve and maintain the historic and architectural character of desig- nated properties and/or interiors, 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 cer- tain exceptions from the International Building Code (IBC) 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. Sec. 26.415.070. Development involving designated historic property. No building or structure shall be erected, constructed, enlarged, altered, repaired, relo- cated or improved involving a designated historic property. interior 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. All devel- opment involving a designated historic property, interior or district shall apply efficient building technology and LEED standards whenever possible. An application for a building permit cannot be submitted without a development order. A. Exempt development. 1. The followingexemptions that do not require development review proce- dures apply only to properties that are not designated interior landmarks: se- i.,.,,_oa, i -- inelud- ing interior remodeling, paint color selection, exterior repainting or replaster- ing similar to the existing finish or routine maintenance such as caulking, re- placement of fasteners, repair of window glazing or other such minimally in- trusive work. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 5 of 8 • 0 B. Certificate of no negative effect. 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 ef- fect on the physical appearance or character -defining features of a designated property or designated interior. 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: 4. The following work shall be considered for a Certificate of No Negative Ef- fect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building, designated interior landmark or structure. j. Additions or alterations to nonhistoric elements within a designated inte- rior landmark such that there is no adverse impact on the historic character of the interior. 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 develop- ment. Minor development work includes: d. Alterations that are made to nonhistoric portions of a designated historic property or designated interior landmark that do not qualify for a certifi- cate of no negative effect or f. Alterations, reconstruction, rehabilitation and removal of elements within designated interior landmarks when the work does not qualify for a certificate of no negative effect. 2. An application for minor development shall include the following: c. An accurate representation of all existing and proposed building materi- als, site improvements, lighting and finishes. 4o be used in the devejoF- nent. D. Certificate of appropriateness for major development. 4. Final development plan review. a. An application for a final development plan shall include: (5) A detailed site plan and landscape plan illustrating existing and proposed walkways. planting, and site grading. Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 6 of 8 • Sec. 26.415.100. Demolition by neglect. A. Standards for reasonable care and upkeep. 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 compro- mise 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 fea- tures include, but are not limited to: i Deterioration. decay or damage of historic elements within a designated interior landmark that compromise the historic character of the interior and could result in the loss of the historic element. Section 2 The Planning and Zoning Commission also recommends the following to City Council: 1. That HPC have the ability to add significant elements to the designation report that are discovered during construction, rehabilitation, or restoration, and are not otherwise identified in the designation report through the adoption of a resolution. 2. That the language proposed in Section 26.415.030.C.2 be clarified to include lan- guage such as: "The interior is customarily open or accessible to the public, or to which the public is customarily invited, which may include but is not limited to hotel rooms and members only dining clubs; and," Section 3 This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- son held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission during a public hearing on January 15, 2008. [signatures on the following page] Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 7 of 8 0 APPROVED AS TO FORM: Aames True, Assistant City Attorney ATTEST: 4ckie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Dylp Johns, Chair d� Resolution 3 Series 2008 G:\city\Saraa\interiors\interiorResolutionPZ.doc Page 8 of 8 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, January 15, 2008 4:30 p.m. — Public Hearing SISTER CITIES, 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. 300 Puppy Smith Street Conceptual Special Planned Area and Commercial Design Review, PH - JL B. Historic Interiors Code Amendment, PH — SA VI. BOARD REPORTS VII. ADJOURN MEMORANDUM IV • TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Preservation Planner RE: Commercial Core Moratorium/ Historic Interior Code Amendments DATE: January 15, 2008 Staff presented the Planning and Zoning Commission (P & Z) with background on historic interior designations on January 8, 2008. During a worksession with City Council on the same night, Staff was directed to proceed with the proposed interior code amendments at both the Historic Preservation Commission (HPC) and P & Z. The next step is for Staff to present the proposed code amendments with recommendations from both HPC and P & Z to the Citizen's Task Force for public input on interior designation. The recommendation of the HPC, P & Z and the Task Force shall be presented to City Council in late April for a decision regarding the historic interior aspect of the Commercial Core Moratorium (Ordinance #51 Series of 2006) before its expiration on June 12, 2008. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Commission is asked to make a recommendation to the City Council regarding the proposed code amendments to Section 26.415 of the Land Use Code. RECOMMENDATION OF THE HISTORIC PRESERVATION COMMISSION: The HPC recommended approval of the proposed code amendments to the P & Z. They support the concept of interior designations as an additional method to preserving Aspen's heritage. PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities. Below is a summary of the primary Code amendments proposed in the Resolution.' 26.415.20 Definitions: Staff proposes to add three definitions to clarify new language included in the proposed code amendments. 26.415.030.0 Criteria for Designation of an Interior Landmark. To be eligible for interior designation the interior must meet part 1 and part 2 of this section: the property must already be a designated exterior landmark and the interior must be accessible to the public. According to previous court decisions, an interior must be accessible to the public to have a valid public purpose. Part 3 of this section addresses the integrity and significance of the interior space to local, state and national heritage. The proposed criteria are adapted from municipalities with developed interior designation programs. Staff proposes some clerical changes to Chapter 26.415 that are included in the attached Resolution. Page - I - of 3 0 0 26.415.030.E Review, Public Hearings and Notice. In terms of process, the landmark review process for interiors mirrors the process for exteriors. The main difference between interior and exterior designations is that HPC shall define the interior space to be designated in a recommendation to City Council, while exterior designation is typically defined by the parcel boundaries. It is important to define both the space that is designated historic and the historic finishes significant to the interior to clearly distinguish the purview of the HPC for future alterations and restorations to the designated interior. City Council did not offer direction to Staff regarding who can initiate a designation, i.e. voluntary or involuntary. The Task Force will likely weigh in on this issue. As proposed in this Code Amendment, the designation process can be initiated by Community Development Director, HPC or City Council. This language already exists in the Land Use Code for historic exterior landmarks. Staff requests that. P&Z include a statement about the designation process in their recommendation. 26.415.060. B. Effect of Designation. Design Guidelines. Staff proposes to use the National Park Service Rehabilitation Standards and Preservation Briefs2 for guidance regarding alterations until the Historic Preservation Design Guidelines are updated to include interiors. Many municipalities use the National Park Service documents in place of Design Guidelines. 26.415.070 Development Involving Designated Historic Property. Staff proposes that interior alterations be considered a Minor Development application, unless the project includes exterior modifications, which would then be considered a Major Development application. Alterations that do not adversely impact the character or features of the historic interior can be processed administratively as a "Certificate of No Negative Effect." This type of administrative approval expedites specific interior changes by eliminating the requirement of a formal HPC hearing. 26.415.100.A Demolition by neglect. Standards for reasonable care and upkeep. This section of the Code outlines standards for the reasonable maintenance of a designated landmark. Staff proposes to add a section specific to the maintenance of historic elements within an interior landmark to protect the significant features from destruction. NEXT STEPS: A consultant needs to be contracted to inventory interiors that potentially qualify for interior designation. After a survey is complete and depending on Council policy direction, each interior will need to go through a designation process to gain landmark status. This process is similar to exterior landmark designation process: a recommendation from HPC to City Council. Interior designation is not limited to the Commercial Core Historic District; it applies to the entire City of Aspen. Z Exhibit A is one of the National Park Service publications typically used for changes to historic interiors. E:\interiors\interiormemoPZj anuary15.doc Page -2-of3 • 0 STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed code amendments to the City Council. ATTACHMENTS: Resolution #_6Series of 2008 EXHIBIT A - National Park Service Preservation Brief # 18 "Rehabilitating Interiors in Historic Buildings: Identifying and Preserving Character -Defining Elements" EXHIBIT B - Staff memo dated January 8, 2007 E:\interiors\interiormemoPZjanuary 15.doc Page -3-of3 • 0 Resolution No. 3 (Series of 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 26.415 "DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN `H' HISTORIC OVERLAY DISTRICT" OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: WHEREAS, the City Council of the City of Aspen directed the Community Develop- ment Director to propose amendments to the Land Use Code; and, WHEREAS, the amendments requested relate to Chapter 26.415 "Development In- volving the Aspen Inventoryof Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" of the Land Use Code, Title 26 of the Aspen Municipal Code; and, WHEREAS, the purpose of Chapter 26.415 of the Land Use Code, Title 26 of the As- pen Municipal Code is to promote the public health, safety and welfare through the protec- tion, enhancement and preservation of those properties, areas and sites which represent dis- tinct elements of Aspen's cultural, educational, social, economic, political and architectural history; and, WHEREAS, the designation of interior landmarks in the City of Aspen promotes the public health, safety and welfare through the protection, enhancement and preservation of those properties, areas and sites which represent distinct elements of Aspen's cultural, edu- cational, social, economic, political and architectural history; 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 condi- tions, or denial by the Community Development Director and then by the Planning and Zon- ing Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Historic Preservation Commission, during their regular meeting on January 9, 2008, by a vote of seven to zero (7 — 0) recommended approval of the proposed amendments, as described herein; and WHEREAS, the amendments to the Land Use Code are delineated as follows: Resolution _ Series 2008 E:Ainteriors\interiorResolutionPZ.doc Page 1 of 7 0 • ■ Text being removed is bold red and strikethrough. Text being removed looli like this ■ Text being added is bold green and underline. Text being added looks like this. ■ Text which is not highlighted is not affected. WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to Chapter 26.415 on January 15, 2008 took and consid- ered public testimony and the recommendation of the Community Development Director and recommended, by a vote, City Council adopt the proposed amendments to the Land Use Code by amending the text of the above noted Chapter of the Land Use Code, as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT: Section 1• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com- mission hereby recommends City Council amend Chapter 26.415— "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an `H' Historic Overlay District" by making the following deletions (indicated in orange with a strikethrough) and additions (indicated in green and underlined): 26.415.020 Definitions. As used in this Code, unless the context otherwise requires. the following terms shall be defined as follows: Interior: Any element situated within the exterior walls of a building, which in- cludes and is not limited to interior exposed structural systems, floor plans and visi- ble surfaces. Interior designated landmark: An interior that is listed on the Aspen Inventory of Historic Landmark Sites and Structures. Interior finishes: Interior finishes important in defining the overall character of the building include but are not limited to: built in features, columns, cornices, base- boards, fireplaces and mantles, trim, signs, ceiling materials, paneling, light fixtures, hardware, flooring, wallpaper, plaster, paint, finishes such as stenciling, marbling, graining, historic graffiti, and other decorative materials that accent interior fea- tures. Sec. 26.415.030. Designation of historic properties. A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The Aspen Inventory of Historic Landmark Sites and Structures has been estab- Resolution _ Series 2008 E:\interiors\interiorResolutionPZ.doc Page 2 of 7 • lished by City Council to formally recognize those districts, buildings, structures, sites, interiors and objects located in the City 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 for designation of a property or district. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or ob- jects must have a demonstrated quality of significance. The significance of proper- ties will be evaluated according to the following criteria. When designating an his- toric district, the majority of the contributing resources in the district must meet the criteria described below: C. Criteria for Designation of an interior landmark To be eligible for interior des - iv nation on the Aspen Inventory of Historic Landmark Sites and Structures an indi- vidual building must have a demonstrated quality of significance. The significance of interior spaces shall be evaluated according to the following criteria below: 1. The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures. and, 2. The interior is customarily open or accessible to the public, or to which the public is customarily invited, and, 3. The interior demonstrates adequate integrity of design, materials. and workmanship, and is related to one or more of the following: a. Contains physical interior spaces, features, finishes and/or struc- tural systems representative as part of the development, heritage or cultural characteristics in local, state, or national history, such as: i. Exposed structural systems (i.e. wood beams, posts, stone foundation walls) that are characteristic of construction and contribute to the overall significance of the building's his- toric character, or ii. A significant amount of historic interior finishes, as de- scribed in the definition of interior finishes, which contrib- ute to the overall significance of the building's character: or b. Represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important; or c. Represents an important event, pattern, or trend in local, state or national history. D. Application. The property owners, the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an ap- plication for designation of a building, district, site, structure or object on the As- pen Inventory of Historic Landmark Sites and Structures. The application for the Resolution _ Series 2008 E:Vnteriors\interiorResolutionPZ.doc Page 3 of 7 0 0 designation of a property. interior or collection of properties shall include the fol- lowing: 1. The applicable information required in Paragraphs 26.304.030.B.1., 2., 3. and 4. 2. Site or historic district boundary map. 3. Property. interior or district description, including narrative text, photo- graphs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character -defining features that distinguish the entity which should be preserved. 6. Detailed floor plans are required for interior designation applications. D- E. Review, Public Hearings and Notice. 4. The HPC shall evaluate the application to determine if the property, interior 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 informa- tion about eligibility for designation. When designating an interior. the HPC shall identify the specific interior finishes. elements and spaces that are considered his- toric and meet the criteria listed in 26.415.030.C.3. The HPC may recommend ap- proval, disapproval or continuance of the application to request additional informa- tion necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Sec. 26.415.040. Recordation of designation. Upon the effective date of an ordinance by City Council designating a property and/or interior 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. Sec. 26.415.050. Rescinding designation. A. Application and review. An application for the removal of a property and/or interior 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 prop- erty no longer meets the criteria for designation and, if so, shall remove the property and/or interior 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 Resolution _ Series 2008 E:\interiors\interiorResolutionPZ.doc Page 4 of 7 caused the site to be landmarked meets the criteria for removal from the historic inven- tory. Sec. 26.415.060. Effect of designation. A. Approvals required. Any development involving properties or interiors designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual build- ing, interior or located in an historic district, unless determined exempt, requires the ap- proval of a development order and either a certificate of no negative effect or a certifi- cate of appropriateness before a building permit or any other work authorization will be issued by the City. B. Design guidelines. 3 The Secretary of the Interior's Standards for Rehabilitation and Historic Preservation Briefs published by the United States Department of the Interior Na- tional Park Service shall apply to designated interior landmarks until such time that design guidelines specific to interior preservation are adopted. C. Special consideration. 1. To preserve and maintain the historic and architectural character of desig- nated properties and/or interiors, 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 cer- tain exceptions from the International Building Code (IBC) 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. Sec. 26.415.070. Development involving designated historic property. No building or structure shall be erected, constructed, enlarged, altered, repaired, relo- cated or improved involving a designated historic property. interior 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. All devel- opmentinvolving a designated historic property interior or district shall apply efficient building technology and LEED standards whenever possible. An application for a building permit cannot be submitted without a development order. A. Exempt development. 1. The following exemptions that do not require development review proce- dures apply only to properties that are not designated interior landmarks: se- t + a ti •ti are exempted 4ofn +he a of 1L+. pfeeedur-es el„d- 3 i*g interior remodeling, paint color selection, exterior repainting or replaster- ing similar to the existing finish or routine maintenance such as caulking, re- placement of fasteners, repair of window glazing or other such minimally in- trusive work. Resolution Series 2008 E:\interiors\interiorResolutionPZ.doc Page 5 of 7 B. Certificate of no negative effect. 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 ef- fect on the physical appearance or character -defining features of a designated property or designated interior. An application for a certificate of no effect may be approved by the Community Development Director with no fizrther review if it meets the requirements set forth in the following Subsection 26.415.070.B.2: 4. The following work shall be considered for a Certificate of No Negative Ef- fect: a. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building, designated interior landmark or structure. LAdditions or alterations to nonhistoric elements within a designated inte- rior landmark such that there is no adverse impact on the historic character of the interior. 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 develop- ment. Minor development work includes: d. Alterations that are made to nonhistoric portions of a designated historic property or designated interior landmark that do not qualify for a certifi- cate of no negative effect or f. Alterations, reconstruction, rehabilitation and removal of elements within designated interior landmarks when the work does not qualify for a certificate of no negative effect. 2. An application for minor development shall include the following: c. An accurate representation of all existing and proposed building materi- als, site improvements, lighting and finishes. to be used in the devela went. D. Certificate of appropriateness for major development. 4. Final development plan review. a. An application for a final development plan shall include: (5) A detailed site plan and landscape plan illustrating existing and proposed walkways planting and site grading. Resolution Series 2008 E:\interiors\interiorResolutionPZ.doc Page 6 of 7 0 0 Sec. 26.415.100. Demolition by neglect. A. Standards for reasonable care and upkeep. 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 compro- mise 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 fea- tures include, but are not limited to: i Deterioration decay or damage of historic elements within a designated interior landmark that compromise the historic character of the interior and could result in the loss of the historic element. Section 2: 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 3• ' If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea- son held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Planning and Zoning Commission during a public hearing on January 15, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Assistant City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Dylan Johns, Chair Resolution _ Series 2008 E:Ainteriors\interiorResolutionPZ.doe Page 7 of 7 Preservation Brief 18: Rehabiling Interiors in Historic Buildings *m- Pa 1 of 9 • Technlcal Preservatlon S 18Preservation eices Briefs National Park Servrvlce U.S. Department of the Interior Rehabilitating Interiors in Historic Buildings Identifying and Preserving Character -Defining Elements H. Ward 7andl >>Ide_ntifying and Evaluating_. >>Recommended Approaches... >>Meeting Building, Life Safety and Fire Codes »Sources of Assistance >>Protecting Interior Elements... >>Summary >>Selected Reading List A NOTE TO OUR USERS: The web versions of the Preservation Briefs differ somewhat from the printed versions. Many illustrations are new, captions are simplified, illustrations are typically in color rather than black and white, and some complex charts have been omitted. A floor plan, the arrangement of spaces, and features and applied finishes may be individually or collectively important in defining the historic character of the building and the purpose for which it was constructed. Thus, their identification, retention, protection, and repair should be given prime consideration in every preservation project. Caution should be exercised in developing plans that would radically change character -defining spaces or that would obscure, damage or destroy interior features or finishes. The interiors of mills and industrial buildings are frequently open, unadorned spaces with exposed structural elements. While these spaces can serve many new uses, the floor to ceiling height and exposed truss system are character -defining features that should be retained in rehabilitation. While the exterior of a building may be its most prominent visible aspect, or its "public face," its interior can be even more important in conveying the building's history and development over time. Rehabilitation within the context of the Secretary of the Interior's Standards for Rehabilitation calls for the preservation of exterior and interior portions or features of the building that are significant to its historic, architectural and cultural values. Interior components worthy of preservation may include the building's plan (sequence of spaces and circulation patterns), the building's spaces (rooms and volumes), individual architectural features, and the various finishes and materials that make up the walls, floors, and ceilings. A theater auditorium or sequences of rooms such as double parlors or a lobby leading to a stairway that ascends to a http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /10/2008 Preservation Brief 18: Rehabili g Interiors in Historic Buildings Page 2 of 9 Photo: NPS files. mezzanine may comprise a building's most important spaces. Individual rooms may contain notable features such as plaster cornices, millwork, parquet wood floors, and hardware. Paints, wall coverings, and finishing techniques such as graining, may provide color, texture, and patterns which add to a building's unique character. Virtually all rehabilitations of historic buildings involve some degree of interior alteration, even if the buildings are to be used for their original purpose. Interior rehabilitation proposals may range from preservation of existing features and spaces to total reconfigurations. In some cases, depending on the building, restoration may be warranted to preserve historic character adequately; in other cases, extensive alterations may be perfectly acceptable. This Preservation Brief has been developed to assist building owners and architects in identifying and evaluating those elements of a building's interior that contribute to its historic character and in planning for the preservation of those elements in the process of rehabilitation. The guidance applies to all building types and styles, from 18th century churches to 20th century office buildings. The Brief does not attempt to provide specific advice on preservation techniques and treatments, given the vast range of buildings, but rather suggests general preservation approaches to guide construction work. Not only are the features of this early 20th century interior worthy of preservation, the planned sequence of spaces impart a grandeur that is characteristic of high style residences of the period. Photo: Jack E. Boucher, HABS collection. Identifying and Evaluating the Importance of Interior Elements Prior to Rehabilitation Before determining what uses might be appropriate and before drawing up plans, a thorough professional assessment should be undertaken to identify those tangible architectural components that, prior to rehabilitation, convey the building's sense of time and place --that is, its "historic character." Such an assessment, accomplished by walking through and taking account of each element that makes up the interior, can help ensure that a truly compatible use for the building, one that requires minimal alteration to the building, is selected. Researching The Building's History A review of the building's history will reveal why and when the building achieved significance or how it contributes to the significance of the district. This information helps to evaluate whether a particular rehabilitation treatment will be appropriate to the building and whether it will preserve those tangible components of the building that convey its significance for association with specific events or persons along with its architectural importance. In this regard, National Register files may prove useful in explaining why and for what period of time the building is significant. In some cases research may show that later alterations are significant to the building; in other cases, the alterations may be without historical or architectural merit, and may be removed in http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /10/2008 Preservation Brief 18: Rehabiling Interiors in Historic Buildings Page 3 of 9 the rehabilitation. Identifying Interior Elements Many institutional buildings possess distinctive spaces or floor plans that are important in conveying the significance of the property. This grand hall, which occupies the entire floor of the building, could not be subdivided without destroying the integrity of the space. Photo: NPS files. occurred within the building. Interiors of buildings can be seen as a series of primary and secondary spaces. The goal of the assessment is to identify which elements contribute to the building's character and which do not. Sometimes it will be the sequence and flow of spaces, and not just the individual rooms themselves, that contribute to the building's character. This is particularly evident in buildings that have strong central axes or those that are consciously asymmetrical in design. In other cases, it may be the size or shape of the space that is distinctive. The importance of some interiors may not be readily apparent based on a visual inspection; sometimes rooms that do not appear to be architecturally distinguished are associated with important persons and events that Primary spaces, are found in all buildings, both monumental and modest. Examples may include foyers, corridors, elevator lobbies, assembly rooms, stairhalls, and parlors. Often they are the places in the building that the public uses and sees; sometimes they are the most architecturally detailed spaces in the building, carefully proportioned and finished with costly materials. They may be functionally and architecturally related to the building's external appearance. In a simpler building, a primary space may be distinguishable only by its location, size, proportions, or use. Primary spaces are always important to the character of the building and should be preserved. Secondary spaces are generally more utilitarian in appearance and size than primary spaces. They may include areas and rooms that service the building, such as bathrooms, and kitchens. Examples of secondary spaces in a commercial or office structure may include storerooms, service corridors, and in some cases, the offices themselves. Secondary spaces tend to be of less importance to the building and may accept greater change in the course of work without compromising the building's historic character. The interior of this 19th worker's house has not been properly maintained, but it may be as important historically as a richly ornamented interior. Its wide baseboards, flat Spaces are often designed to interrelate both visually window trim, and four -panel door and functionally. The sequence of spaces, such as should be carefully preserved in a vestibule -hall -parlor or foyer -lobby -stair -auditorium rehabilitation project. Photo: NPS files. or stairhall-corridor-classroom, can define and express the building's historic function and unique character. Important sequences of spaces should be identified and retained in the rehabilitation project. Floor plans may also be distinctive and characteristic of a style of architecture or a http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1/10/2008 Preservation Brief 18: RehabiliWg Interiors in Historic Buildings . Page 4 of 9 region. Examples include Greek Revival and shotgun houses. Floor plans may also reflect social, educational, and medical theories of the period. Many 19th century psychiatric institutions, for example, had plans based on the ideas of Thomas Kirkbride, a Philadelphia doctor who authored a book on asylum design. In addition to evaluating the relative importance of the various spaces, the assessment should identify architectural features and finishes that are part of the interior's history and character. Marble or wood wainscoting in corridors, elevator cabs, crown molding, baseboards, mantels, ceiling medallions, window and door trim, tile and parquet floors, and staircases are among those features that can be found in historic buildings. Architectural finishes of note may include grained woodwork, marbleized columns, and plastered walls. Those features that are characteristic of the building's style and period of construction should, again, be retained in the rehabilitation. Features and finishes, even if machine -made and not exhibiting particularly fine craftsmanship, may be character defining; these would include pressed metal ceilings and millwork around windows and doors. The interior of a plain, simple detailed worker's house of the 19th century may be as important historically as a richly ornamented, high - style townhouse of the same period. Both resources, if equally intact, convey important information about the early inhabitants and deserve the same careful attention to detail in the preservation process. The location and condition of the building's existing heating, plumbing, and electrical systems also need to be noted in the assessment. The visible features of historic systems --radiators, grilles, light fixtures, switchplates, bathtubs, etc. --can contribute to the overall character of the building, even if the systems themselves need upgrading. Assessing Alterations and Deterioration In assessing a building's interior, it is important to ascertain the extent of alteration and deterioration that may have taken place over the years; these factors help determine what degree of change is appropriate in the project. Close examination of existing fabric and original floorplans, where available, can reveal which alterations have been additive, such as new partitions inserted for functional or structural reasons and historic features covered up rather than destroyed. It can also reveal which have been subtractive, such as key walls removed and architectural features destroyed. If an interior has been modified by additive changes and if these changes have not acquired significance, it may be relatively easy to remove the alterations and return the interior to its historic appearance. If an interior has been greatly altered through subtractive changes, there may be more latitude in making further alterations in the process of rehabilitation because the integrity of the interior has been compromised. At the same time, if the interior had been exceptionally significant, and solid documentation on its historic condition is available, reconstruction of the missing features may be the preferred option. It is always a recommended practice to photograph interior spaces and features thoroughly prior to rehabilitation. Measured floor plans showing the existing conditions are extremely useful. This documentation is invaluable in drawing up rehabilitation plans and specifications and in assessing the impact of changes to the property for historic preservation certification purposes. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1/10/2008 Preservation Brief 18: Rehabil6ng Interiors in Historic Buildings • Page 5 of 9 This corridor has glazed walls, oak trim, and marble wainscotting, typical of those found in the late 19th and early 20th century office buildings. Corridors such as this, displaying simple detailing, should be a priority in rehabilitation projects involving commercial buildings. Photo: NPs files. Drawing Up Plans and Executing Work If the historic building is to be rehabilitated, it is critical that the new use not require substantial alteration of distinctive spaces or removal of character -defining architectural features or finishes. If an interior loses the physical vestiges of its past as well as its historic function, the sense of time and place associated both with the building and the district in which it is located is lost. The recommended approaches that follow address common problems associated with the rehabilitation of historic interiors and have been adapted from the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Adherence to these suggestions can help ensure that character -defining interior elements are preserved in the process of rehabilitation. The checklist covers a range of situations and is not intended to be all-inclusive. Readers are strongly encouraged to review the full set of guidelines before undertaking any rehabilitation project. Recommended Approaches for Rehabilitating Historic Interiors 1. Retain and preserve floor plans and interior spaces that are important in defining the overall historic character of the building. This includes the size, configuration, proportion, and relationship of rooms and corridors; the relationship of features to spaces; and the spaces themselves such as lobbies, reception halls, entrance halls, double parlors, theaters, auditoriums, and important industrial or commercial use spaces. Put service functions required by the building's new use, such as bathrooms, mechanical equipment, and office machines, in secondary spaces. 2. Avoid subdividing spaces that are characteristic of a building type or style or that are directly associated with specific persons or patterns of events. Space may be subdivided both vertically through the insertion of new partitions or horizontally through insertion of new floors or mezzanines. The insertion of new additional floors should be considered only when they will not damage or destroy the structural system or obscure, damage, or destroy character -defining spaces, features, or finishes. If rooms have already been subdivided through an earlier insensitive renovation, consider removing the partitions and restoring the room to its original proportions and size. 3. Avoid making new cuts in floors and ceilings where such cuts would change character -defining spaces and the historic configuration of such spaces. Inserting of a new atrium or a lightwell is appropriate only in very limited situations where the existing interiors are not historically or architecturally distinguished. 4. Avoid installing dropped ceilings below ornamental ceilings or in rooms where high ceilings are part of the building's character. In addition to obscuring or destroying significant http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /10/2008 Preservation Brief 18: Rehabil ng Interiors in Historic Buildings • Page 6 of 9 Furring out exterior walls to add insulation and suspending new ceilings to hide ductwork can change a room's proportions and cause interior features to appear fragmented. The interior character of this school classroom that was converted to apartment use has been destroyed. Drawing: Neal A. Vogel details, such treatments will also change the space's proportions. If dropped ceilings are installed in buildings that lack character -defining spaces, such as mills and factories, they should be well set back from the windows so they are not visible from the exterior. S. Retain and preserve interior features and finishes that are important in defining the overall historic character of the building. This might include columns, doors, cornices, baseboards, fireplaces and mantels, paneling, light fixtures, elevator cabs, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbleizing, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors, and ceilings. 6. Retain stairs in their historic configuration and to location. If a second means of egress is required, consider constructing new stairs in secondary spaces. The application of fire -retardant coatings, such as intumescent paints; the installation of fire suppression systems, such as sprinklers; and the construction of glass enclosures can it many cases permit retention of stairs and other character -defining features. 7. Retain and preserve visible features of early mechanical systems that are important in defining the overall historic character of the building, such as radiators, vents, fans, grilles, plumbing fixtures, switchplates, and lights. If new heating, air conditioning, lighting and plumbing systems are installed, they should be done in a way that does not destroy character -defining spaces, features and finishes. Ducts, pipes, and wiring should be installed as inconspicuously as possible: in secondary spaces, in the attic or basement if possible, or in closets. 8. Avoid "furring out" perimeter walls for insulation purposes. This requires unnecessary removal of window trim and can change a room's proportions. Consider alternative means of improving thermal performance, such as installing insulation in attics and basements and adding storm windows. 9. Avoid removing paint and plaster from traditionally finished surfaces, to expose masonry and wood. Conversely, avoid painting previously unpainted millwork. Repairing deteriorated plasterwork is encouraged. If the plaster is too deteriorated to save, and the walls and ceilings are not highly ornamented, gypsum board may be an acceptable replacement material. The use of paint colors appropriate to the period of the building's construction is encouraged. Plaster has been removed from perimeter walls, leaving brick exposed. The plaster should have been retained and repaired, as necessary. Photo: NPs files. 10. Avoid using destructive methods --propane and butane torches or sandblasting --to remove paint or other coatings from historic features. Avoid harsh cleaning agents that can change the appearance of wood. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1 /10/2008 Preservation Brief 18: Rehabil0ng Interiors in Historic Buildings • Page 7 of 9 Meeting Building, Life Safety and Fire Codes Buildings undergoing rehabilitation must comply with existing building, life safety and fire codes. The application of codes to specific projects varies from building to building, and town to town. Code requirements may make some reuse proposals impractical; in other cases, only minor changes may be needed to bring the project into compliance. In some situations, it may be possible to obtain a code variance to preserve distinctive interior features. (It should be noted that the Secretary's Standards for Rehabilitation take precedence over other regulations and codes in determining whether a rehabilitation project qualifies for Federal tax benefits.) A thorough understanding of the applicable regulations and close coordination with code officials, building inspectors, and fire marshals can prevent the alteration of significant historic interiors. Sources of Assistance Rehabilitation and restoration work should be undertaken by professionals who have an established reputation in the field. Given the wide range of interior work items, from ornamental plaster repair to marble cleaning and the application of graining, it is possible that a number of specialists and subcontractors will need to be brought in to bring the project to completion. State Historic Preservation Officers and local preservation organizations may be a useful source of information in this regard. Good sources of information on appropriate preservation techniques for specific interior features and finishes include the Bulletin of the Association for Preservation Technology and The Old -House Journal; other useful publications are listed in the bibliography. Protecting Interior Elements During Rehabilitation Architectural features and finishes to be preserved in the process of rehabilitation should be clearly marked on plans and at the site. This step, along with careful supervision of the interior demolition work and protection against arson and vandalism, can prevent the unintended destruction of architectural elements that contribute to the building's historic character. Protective coverings should be installed around architectural features and finishes to avoid damage in the course of construction work and to protect workers. Staircases and floors, in particular, are subjected to dirt and heavy wear, and the risk exists of incurring costly or irreparable damage. In most cases, the best, and least costly, preservation approach is to design and construct a protective system that enables stairs and floors to be used yet protects them from damage. Other architectural features such as mantels, doors, wainscoting, and decorative finishes may be protected by using heavy canvas or plastic sheets. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1/10/2008 Preservation Brief 18: Rehabil ng Interiors in Historic Buildings • Page 8 of 9 Summary After rehabilitation, this severly deteriorated space was returned to its original elegance. Plaster was repaired and repainted; scagliola colums were restored to match marble; and missing decorative metalwork was re -installed in front of the windows. Photo: Carol M. Highsmith. Selected Reading List In many cases, the interior of a historic building is as important as its exterior. The careful identification and evaluation of interior architectural elements, after undertaking research on the building's history and use, is critically important before changes to the building are contemplated. Only after this evaluation should new uses be decided and plans be drawn up. The best rehabilitation is one that preserves and protects those rooms, sequences of spaces, features and finishes that define and shape the overall historic character of the building. There are few books written exclusively on preserving historic interiors, and most of these tend to focus on residential interiors. Articles on the subject appear regularly in The Old -House Journal, the Bulletin of the Association for Preservation Technology, and Historic Preservation Magazine. Ferro, Maximilian L., and Melissa L. Cook. Electric Wiring and Lighting in Historic American Buildings. New Bedford, Massachusetts: AFC/A Nortek Company, 1984. Fisher, Charles E. "Temporary Protection of Historic Stairways During Rehabilitation Work." Preservation Tech Note. Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, 1985. Jennings, ]an, and Herbert Gottfried. American Vernacular Interior Architecture 1870- 1940. New York: Van Nostrand Reinhold Company, 1988. Johnson, Ed. Old House Woodwork Restoration: How to Restore Doors, Windows, Walls, Stairs and Decorative Trim to Their Original Beauty. Englewood Cliffs, New Jersey: Prentice -Hall, Inc., 1983. Labine, Clem, and Carolyn Flaherty (editors). The Old -House Journal Compendium. Woodstock, New York: The Overlook Press, 1980. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, Washington, D.C.: Preservation Assistance Division, National Park Service, U.S. Department of the Interior, rev. 1983. U.S. Department of Housing and Urban Development. Rehabilitation Guidelines, volume 111. Washington, D.C.: U.S. Department of Housing and Urban Development, 1980-84. Winkler, Gail Caskey, and Roger W. Moss. Victorian Interior Decoration: American Interiors 1830-1900. New York: Henry Holt and Company, 1986. http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1/10/2008 Preservation Brief 18: Rehabi*ng Interiors in Historic Buildings • Page 9 of 9 Acknowledgements This Preservation Brief is based on a discussion paper prepared by the author for a National Park Service regional workshop held in March, 1987, and on a paper written by Gary Hume, "Interior Spaces in Historic Buildings," October, 1987. Appreciation is extended to the staff of Technical Preservation Services Branch and to the staff of NPS regional offices who reviewed the manuscript and provided many useful suggestions. Washington, D.C. October, 1988 Home page logo: Detail of carving on interior shutter. Hammond -Harwood House, Annapolis, Maryland. Photo: NPS files. This publication has been prepared pursuant to the National Historic Preservation Act of 1966, as amended, which directs the Secretary of the Interior to develop and make available information concerning historic properties. Technical Preservation Services (TPS), Heritage Preservation Services Division, National Park Service prepares standards, guidelines, and other educational materials on responsible historic preservation treatments for a broad public. Order Brief I Technical Preservation Services I Preservation Briefs I Search I Questions/Answers KDW http://www.nps.gov/history/hps/tps/briefs/briefl 8.htm 1/10/2008 • • ft4ur S MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Preservation Planner RE: Commercial Core Moratorium/ Historic Interior Code Amendments DATE: January 8, 2008 On December 12, 2006, City Council adopted Ordinance #51, Series of 2006, a moratorium on obtaining a building permit for interior work in the Commercial Core Historic District, which is in effect until June 12, 2008. One stated goal of Ordinance #51 includes "preserving current vitality, character, and history of the City's central business area." At that time, Council directed Staff to research historic interior landmark designations. Staff introduced interior designation criteria during two City Council worksessions in the first quarter of 2007. Code amendments regarding interiors were put on hold during the Ordinance #30/48 discussions about designating additional 20`h century properties as landmarks. Since Ordinance #51 went into effect, owners of historic landmarks located in the Commercial Core Historic District who need to submit an interior building permit have the option to enter into a written agreement with the City to preserve specific interior historic elements. The Red Onion is the only interior that entered into a written agreement with the City to gain exemption from the moratorium. Work is currently underway to restore specific historic elements in the bar area. Staff continues to work on the restoration of the Red Onion while compiling information on interior designation from other municipalities. This research and experience are the basis for the specific criteria that Staff developed and propose for the code amendment. Staff is meeting with City Council on January 8, 2008 to get direction regarding how the proposed historic interior code amendments relate to the Task Force and Ordinance #48. Two meetings on historic interiors are scheduled for the Planning and Zoning Commission; January 8`h and January 15`h. Staff shall provide background on historic interior designation during the first meeting and explain the specific Code amendments at the second meeting. The Historic Preservation Commission (HPC) is scheduled to review and comment on the proposed Code Amendments on January 91h. HPC comments will be presented to the Planning and Zoning Commission on January 151h, at which time the Commission is asked to make a recommendation on the Code Amendments to City Council. BACKGROUND: In 1972 a citizen's group named "Save the Victorians" encouraged City Council to adopt an historic preservation ordinance. Aspen became one of the first communities in the state, and municipalities in the nation, to adopt historic preservation regulations. Since 1972, Aspen has been at the forefront of preservation practice: for example, Aspen and Pitkin County adopted the first mandatory historic preservation contractor licensing program in the country in 1999. 1 Exhibit A includes a timeline of Aspen's Historic Preservation Program. Page - 1 - of 3 0 • Amending the Code to permit interior designation is a logical next step to preserving Aspen's heritage. There do not seem to be many qualitative distinctions between interior and exterior spaces, with the exception that many interior spaces often provide better examples of technical skill and architectural excellence. Interiors have the ability to convey a more defined sense of place than many exteriors. INTERIOR DESIGNATION CONCEPTS: Interior designation addresses specific architectural elements, construction techniques and defined spaces (i.e. floor plans) within an already designated exterior landmark. Based on previous court decisions, a designated historic interior must be customarily accessible to the public in order to have a valid public purpose. Staff examined interior designation criteria adopted by other municipalities and the recent experience with the Red Onion interior to develop the proposed code amendments. Telluride, in terms of a small Colorado town with Victorian era heritage, is the most relevant example to Aspen. Telluride: Telluride currently has four designated interiors- two are City owned (courthouse and Telluride historic museum) and two are privately owned (Sheridan Hotel and Sheridan Opera House). Comprehensive surveys were completed for each interior in 1988 and again in 1997 to identify important historic elements. The Historic and Architectural Review Committee (HARC) has purview over the entire interior, and uses the National Park Service Rehabilitation standards in conjunction with the comprehensive surveys to review alterations and renovations of the interior. Unlike Aspen, the entire town of Telluride is an historic district with one specific period of significance, 1878 — 1913. Simplicity and consistency with Victorian era style are general philosophies in Telluride for alterations. The HARC is more flexible with changes to portions of an interior that are not historic; however, they must be compatible with the historic elements. Red Onion, Aspen: Staff has been working with the property owners of the Red Onion since spring 2007 to rehabilitate the historic Red Onion bar. Using historic photographs, Staff identified the historic elements in the bar area, which were subsequently included in the building agreement made between the City of Aspen and the property owners. The HPC made a recommendation regarding the preservation and conservation (i.e. techniques used for preservation) of these elements. Unlike Telluride's regulations, HPC's purview was limited to the historic bar area at the front of the building and did not include the elements or layout of the rear area of the building. New York City designates specific interior spaces, for example: the lobby and a few of the lounges in the Plaza Hotel are designated interior landmarks, while the remainder of the interior is not designated. The Landmark Preservation Commission in New York City does not have purview over the non -designated rooms in the Plaza Hotel. The Red Onion is a good working example of the details required for interior designation. Each specific historic element was identified, documented and is currently being restored. New light fixtures, tables and benches are designed for both the historic bar and the rest of the restaurant, which will replace many non -historic elements. Because the Red Onion owners entered into a building agreement with the City regarding the preservation of specific elements, the HPC and Staff did not have purview over the new fixtures in the historic space. There is currently no authority for the designation of interior in Aspen. It is important to maintain consistency in an G:\city\Saraa\interiors\interiormemoPZ.doc Page -2-of3 0 0 historic space by introducing new compatible fixtures and furnishings. Many municipalities accomplish consistency and compatibility through the interior designation review process. OVERVIEW OF PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities.2 There must be a certain degree of intact integrity for an interior to qualify for designation. The exterior must be a designated landmark and the interior must be customarily accessible to the public. In terms of process, the landmark review process for interiors mirrors the process for exteriors, as does the review process for alterations and additions. Staff will explain the proposed code amendments during the January 15, 2007 P & Z meeting, after receiving feedback from HPC and Council. NEXT STEPS: A consultant shall be contracted to inventory interiors that potentially qualify for interior designation. After a survey is complete, each interior will need to go through a designation process to gain landmark status. This process is similar to exterior landmark designation process: a recommendation from HPC to City Council. Interior designation is not limited to the Commercial Core Historic District; it applies to the entire City of Aspen. Designation criteria and the review process came under intense public scrutiny over the past few months during the Ordinance #30/48 discussions. The Task Force is formulated to address these concerns, in addition to analyzing the entire historic preservation program. After the January 8`h worksession with Council, Staff will have clarity regarding how interior designations- a topic that is directly are linked to the Commercial Core moratorium adopted by the previous Council - fit in with the Task Force and Ordinance #48. ATTACHMENTS: EXHIBIT A - Timeline of historic preservation program EXHIBIT B - Proposed code amendments 2 Exhibit B identifies the proposed code amendments. G:\city\Saraa\interiors\interiormemoPZ.doc Page -3-of3 • y8 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Preservation Planner RE: Commercial Core Moratorium/ Historic Interior Code Amendments DATE: January 8, 2008 On December 12, 2006, City Council adopted Ordinance 451, Series of 2006, a moratorium on obtaining a building permit for interior work in the Commercial Core Historic District, which is in effect until June 12, 2008. One stated goal of Ordinance #51 includes "preserving current vitality, character, and history of the City's central business area." At that time, Council directed Staff to research historic interior landmark designations. Staff introduced interior designation criteria during two City Council worksessions in the first quarter of 2007. Code amendments regarding interiors were put on hold during the Ordinance #30/48 discussions about designating additional 20`h century properties as landmarks. Since Ordinance #51 went into effect, owners of historic landmarks located in the Commercial Core Historic District who need to submit an interior building permit have the option to enter into a written agreement with the City to preserve specific interior historic elements. The Red Onion is the only interior that entered into a written agreement with the City to gain exemption from the moratorium. Work is currently underway to restore specific historic elements in the bar area. Staff continues to work on the restoration of the Red Onion while compiling information on interior designation from other municipalities. This research and experience are the basis for the specific criteria that Staff developed and propose for the code amendment. Staff is meeting with City Council on January 8, 2008 to get direction regarding how the proposed historic interior code amendments relate to the Task Force and Ordinance #48. Two meetings on historic interiors are scheduled for the Planning and Zoning Commission; January 8`h and January 15`h. Staff shall provide background on historic interior designation during the first meeting and explain the specific Code amendments at the second meeting. The Historic Preservation Commission (HPC) is scheduled to review and comment on the proposed Code Amendments on January 9`h. HPC comments will be presented to the Planning and Zoning Commission on January 151h, at which time the Commission is asked to make a recommendation on the Code Amendments to City Council. BACKGROUND: In 1972 a citizen's group named "Save the Victorians" encouraged City Council to adopt an historic preservation ordinance. Aspen became one of the first communities in the state, and municipalities in the nation, to adopt historic preservation regulations. Since 1972, Aspen has been at the forefront of preservation practice: for example, Aspen and Pitkin County adopted the first mandatory historic preservation contractor licensing program in the country in 1999. 1 Exhibit A includes a timeline of Aspen's Historic Preservation Program. Page - 1 -of 3 Cl Amending the Code to permit interior designation is a logical next step to preserving Aspen's heritage. There do not seem to be many qualitative distinctions between interior and exterior spaces, with the exception that many interior spaces often provide better examples of technical skill and architectural excellence. Interiors have the ability to convey a more defined sense of place than many exteriors. INTERIOR DESIGNATION CONCEPTS: Interior designation addresses specific architectural elements, construction techniques and defined spaces (i.e. floor plans) within an already designated exterior landmark. Based on previous court decisions, a designated historic interior must be customarily accessible to the public in order to have a valid public purpose. Staff examined interior designation criteria adopted by other municipalities and the recent experience with the Red Onion interior to develop the proposed code amendments. Telluride, in terms of a small Colorado town with Victorian era heritage, is the most relevant example to Aspen. Telluride: Telluride currently has four designated interiors- two are City owned (courthouse and Telluride historic museum) and two are privately owned (Sheridan Hotel and Sheridan Opera House). Comprehensive surveys were completed for each interior in 1988 and again in 1997 to identify important historic elements. The Historic and Architectural Review Committee (HARC) has purview over the entire interior, and uses the National Park Service Rehabilitation standards in conjunction with the comprehensive surveys to review alterations and renovations of the interior. Unlike Aspen, the entire town of Telluride is an historic district with one specific period of significance, 1878 — 1913. Simplicity and consistency with Victorian era style are general philosophies in Telluride for alterations. The HARC is more flexible with changes to portions of an interior that are not historic; however, they must be compatible with the historic elements. G� Red Onion, Aspen: Staff has been working with the property owners of the Red Onion since spring 2007 to rehabilitate the historic Red Onion bar. Using historic photographs, Staff identified the historic elements in the bar area, which were subsequently included in the building agreement made between the City of Aspen and the property owners. The HPC made a recommendation regarding the preservation and conservation (i.e. techniques used for preservation) of these elements. Unlike Telluride's regulations, HPC's purview was limited to the historic bar area at the front of the building and did not include the elements or layout of the rear area of the building. New York City designates specific interior spaces, for example: the lobby and a few of the lounges in the Plaza Hotel are designated interior landmarks, while the remainder of the interior is not designated. The Landmark Preservation Commission in New York City does not have purview over the non -designated rooms in the Plaza Hotel. The Red Onion is a good working example of the details required for interior designation. Each specific historic element was identified, documented and is currently being restored. New light fixtures, tables and benches are designed for both the historic bar and the rest of the restaurant, which will replace many non -historic elements. Because the Red Onion owners entered into a building agreement with the City regarding the preservation of specific elements, the HPC and Staff did not have purview over the new fixtures in the historic space. There is currently no authority for the designation of interior in Aspen. It is important to maintain consistency in an G:\city\Saraa\interiors\interiormemoPZ.doc Page -2-of3 0 0 historic space by introducing new compatible fixtures and furnishings. Many municipalities accomplish consistency and compatibility through the interior designation review process. OVERVIEW OF PROPOSED CODE AMENDMENTS: Staff developed criteria for interior designations based on other municipalities.2 There must be a certain degree of intact integrity for an interior to qualify for designation. The exterior must be a designated landmark and the interior must be customarily accessible to the public. In terms of process, the landmark review process for interiors mirrors the process for exteriors, as does the review process for alterations and additions. Staff will explain the proposed code amendments during the January 15, 2007 P & Z meeting, after receiving feedback from HPC and Council. NEXT STEPS: A consultant shall be contracted to inventory interiors that potentially qualify for interior designation. After a survey is complete, each interior will need to go through a designation process to gain landmark status. This process is similar to exterior landmark designation process: a recommendation from HPC to City Council. Interior designation is not limited to the Commercial Core Historic District; it applies to the entire City of Aspen. Designation criteria and the review process came under intense public scrutiny over the past few months during the Ordinance #30/48 discussions. The Task Force is formulated to address these concerns, in addition to analyzing the entire historic preservation program. After the January 8`h worksession with Council, Staff will have clarity regarding how interior designations- a topic that is directly are linked to the Commercial Core moratorium adopted by the previous Council - fit in with the Task Force and Ordinance #48. ATTACHMENTS: EXHIBIT A - Timeline of historic preservation program EXHIBIT B - Proposed code amendments 2 Exhibit B identifies the proposed code amendments. G:\city\Saraa\interiors\interiormemoPZ.doc Page -3-of3 0 • A History of Aspen's Historic Preservation Program (A work in progress) 1972 Encouraged by a citizen's group called "Save the Victorians," City Council adopts a historic preservation ordinance establishing a process for the designation - and review of historic structures, and the creation of the Historic Preservation Committee. Aspen is one of the first communities in the state, and among the earliest cities in the nation, to adopt historic preservation regulations. 1973 The first designations take place in 1973 and 1974. They were: Wheeler Opera House, Ute Cemetery, Wheeler -Stallard House, Pitkin County Courthouse, Lift 1, City Hall, and the Community Church. These public or non-profit properties have high significance to the community. The criteria for landmark designation is a finding that the property has historic importance, architectural importance, or geographic importance to the City. Owner consent is sought, but not needed for designation. Additional designation findings must be made that the designation is appropriate with relation to the Aspen Area General Plan, effects on the neighborhood and other relevant planning considerations. HPC has review over demolition and relocation of these landmarked properties, and review over alterations in terms of assuring appropriate features are preserved. It appears that there are no design guidelines, and none existed for another 10 years. 1974 Commercial Core Historic District created. HPC's review is expanded to include new construction in the historic district in terms of assuring that new work is "complimentary" to adjacent historic resources. 1976 Main Street Historic District created. HPC's purview is expanded to include this area. 1980 The City completes its first comprehensive "Inventory of Historic Sites and Structures." 306 properties are identified, 287 of which are still standing after the research and documentation is completed. The Land Use Code in effect at the time discusses the process for designation of districts and landmark properties. If the HPC identifies a property as qualifying for designation, and the owner agrees to designation, the matter proceedes directly to Council for approval. If the owner does not agree, the HPC's recommendation is forwarded to the Planning and Zoning Commission, and then on to Council. Council can approve nonconsensual designation. HPC continues to have purview only over designated landmarks or properties in the historic districts. Most of the historic resources are essentially unprotected since at this point only about 24 properties, or less than 10% of the sites identified by the inventory have been landmarked. Properties included on the Inventory were rated using a 1-18 point scoring system in order to evaluate their significance. Points were allocated based on the building's association with important persons or notable architectural styles. The Exhibit A Historic Preservation Timeline Page 1 of 4 0 • point value was then used to categorize the properties as "notable," "excellent," or "exceptional." Through the process of surveying and studying each property, some were discounted and considered to have minimal historic value due to poor integrity. It was noted that these properties could eventually qualify for one of the categories stated above if appropriate documentation and restoration of the structure could be developed. The 1980 Inventory study suggested the creation of other historic districts, including the Community Church Historic District, Hallam Lake Historic District, West Bleeker/Hallam Street Historic District and Lift 1 Historic District. The districts were not adopted. 1986 The City adopts the "Aspen Area Comprehensive Plan: Historic Preservation Element." The Plan addresses the creation of more incentives and special development options for historic properties. The "Issues and Concerns" section of the Plan states that, "The HPC needs to look at some of the outstanding modern residences by Bayer, Benedict, and other recent architects for designation to ensure preservation." During the drafting of the Comprehensive Plan, a 6 month moratorium is enacted on demolition of any structure included in the 1980 Inventory, presumably due to the continued loss of historic structures. The idea of adopting a townsite wide "river to river, mountain to mountain" historic district is included in the ordinance. The townsite wide district never comes about. During the moratorium, the city expands the HPC review from just landmarks to include the highest rated structures on the inventory. An update of the inventory is completed. The first HPC design guidelines are completed. The Land Use Code is amended to state that everything built before 1910, and all other buildings identified by HPC as outstanding examples of more modern architecture should be on the inventory. HPC continues to only have full purview over the historic districts and landmarks which is a limited percentage of the inventory. The first incentives for historic properties were developed. 1987 The City hired its first professional Historic Preservation Officer. Aspen becomes a "Certified Local Government," agreeing to operate its historic preservation program according to certain standards established by the National Parks Service and Colorado Historical Society. 1988 HPC begins presenting annual awards for excellent projects. 1989 Demolition review is expanded to cover the entire inventory. The numerical scoring system that rated the significance of the property is dropped, although the terms "significant, contributing, and supporting" are retained. More incentives are added. Exhibit A Historic Preservation Timeline Page 2 of 4 1991 The historc inventory is updated. 28 properties are recommended to be added, some of which are Post World War II buildings. Most of these properties are added to the inventory through ordinances adopted over the following four years. 1993 The Aspen Area Community Plan is adopted. The Historic Preservation Element goals included expanding the HPC's purview to cover all alterations to properties on the inventory. 1995 Amendments to the historic preservation ordinance are approved, including changing the criteria for listing on the inventory from properties built before 1910 or otherwise identified as outstanding examples of more modern architecture to properties which are at least 50 years old or otherwise identified as outstanding examples of more modern architecture. 1998 The City holds a "Historic Preservation Symposium," attended by City Council, the Planning and Zoning Commission, the Historic Preservation Commission, the Community Development Department, historic preservation experts from Crested Butte, Telluride, Nantucket, the Colorado Historical Society, and the National Trust for Historic Preservation, the Aspen Historical Society, former members of the Aspen HPC, and citizens at large following the demolition of the Paepcke House. Numerous goals were established at the symposium, including the direction to designate more recent structures. Code amendments are adopted giving HPC full review over alterations to any property listed on the inventory, as described in 1993 AACP. 1999 Committees form to work on an update of the AACP. The HPC's philosophy statement, as adopted into the plan, states that "Aspen's distinctive history is irreplaceable whether it be the late nineteenth-century miners' cottages, the Bauhaus buildings introduced by architect Herbert Bayer, or the faux -chalets built by ski instructors in the 1950's and 60's." The action plan for the AACP includes the direction to "Protect all buildings and sites of historic significance," and to update the inventory. The City and County adopt the first mandatory historic preservation contractor licensing program in the country. 2000 Fieldwork for an update to the historic inventory is completed. Approximately 50 properties, primarily built after World War II are recommended for adoption. Ordinances are brought forward, causing controversy. Action is stopped on adding Post -War properties to the inventory. Numerous community meetings, tours, lectures and meetings are initiated over the next two years in order to revise problematic aspects of the historic preservation ordinance and bring about a common understanding of the importance of recognizing Aspen's post-war history. Updated historic preservation design guidelines are adopted. Exhibit A Historic Preservation Timeline Page 3 of 4 0 0 2001 A Historic Preservation Community Forum is held as part of the ordinance re- write. 2002 Council adopts a new historic preservation ordinance and increases historic preservation benefits. The City receives an award from "Colorado Preservation, Inc." for its state of the art ordinance. HPC and Council hold a worksession to finalize the integrity scoring system and post -WW2 research papers, integral elements of the newly adopted designation process. 2005 HPC and Council hold a worksession to discuss an update on the progress of designating post-war resources through owner cooperation. As of this time the City has approximately 300 designated historic resources and review within two historic districts. Exhibit A Historic Preservation Timeline Page 4 of 4