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HomeMy WebLinkAboutordinance.council.017-89 ORDINANCE NO. / q.... (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE REGULATIONS GOVERNING THE DEMOLITION, PARTIAL DEMOLITION OR RELOCATION OF HISTORIC STRUCTURES WHEREAS, the Aspen City Council has been reviewing Ordinance 7, Series of 1989, which makes substantive corrections to the Aspen Land Use Regulations; and WHEREAS, during the public hearing process, the Aspen City Council determined that the scope of the proposed amendments to Sec. 7-602 of the Aspen Land Use Regulations, Demolition, Partial Demolition or Relocation, should be expanded to address all structures on the Inventory of Historic sites and Structures and not just those rated "4" or "5"; and WHEREAS, in order to properly evaluate and receive public comment on this amendment to the regulations, the Aspen City Council directed the staff to prepare a separate Ordinance dealing solely with this proposal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article 7, Sec. 7-602, Demolition. Partial Demolition or Relocation, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 7-602 Demolition. Partial Demolition or Relocation A. General. No demolition of any structure included in the Inventory of Historic sites and Structures of the City of Aspen, established pursuant to Sec. 7-709, or any structure within an "H" Historic Overlay District shall be permitted unless the demolition is approved by the HPC because it meets the standards of Sec. 7-602(B). No partial demolition and removal of a portion of any Historic Landmark or any structure wi thin an "H", Historic Overlay District shall be permitted unless approved by the HPC as necessary for the renovation of the structure, and because it meets the standards of Sec. 7-602(C), or unless the partial demolition and removal is exempt because it creates no change to the exterior of the structure and has no impact on the character of the structure. No relocation of any structure included in the Inventory of Historic sites and structures of the city of Aspen, established pursuant to section 7- 709, or any structure within an "H" Historic OVerlay District, shall be permi tted unless the relocation is approved by the HPC because it meets the standards of section 7-602 (0)(1) through (4). When deemed appropriate due to the significance of the project, the HPC may require a Performance Guarantee in a form acceptable to the City 2 Attorney as assurance that the demolition, partial demolition, or relocation will be completed as represented. B. Standards for Review of Demolition. No approval for demolition shall be granted unless the HPC finds that all of the following standards are met. 1. The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; and 2. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and 3. The structure cannot be practicably moved to another site in Aspen; and 4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: a. Any impacts that occur to the character of the neighborhood where demolition is 3 proposed to occur. b. Any impact on the historic importance of the structure or structures located on the parcel and adjacent parcels c. Any impact to the architectural integrity of the structure or structures located on the parcel and adjacent parcels. c. Standards for Review of Partial Demolition. No approval for partial demolition shall be granted unless the HPC finds that all of the following standards are met: 1. The partial demolition is required for the renovation, restoration or rehabilitation of the structure; and 2. The applicant has mitigated, to the greatest extent possible: a. Impacts on the historic importance of the structure or structures located on the parcel. 4 b. Impacts on the architectural integrity of the structure or structures located on the parcel. D. Standards for Review of Relocation. No approval for relocation shall be granted unless the HPC finds that all of the following standards are met: 1. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property; and 2. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure, and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation; and 3. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness 5 of the structure proposed for relocation; and 4. A relocation plan shall be submitted, including posting a bond with the Engineering Department, to insure the safe relocation, preservation and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation; and 5. The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the neighborhood is consistent wi th the architectural integri ty of the structure, and the relocation of the historic structure would not diminish the integrity or character of the neighborhood of the receiving site. An acceptance letter from the property owner of the receiving site shall be submitted. E. Procedure for review. A Development Application shall be submitted to the Planning Director before HPC approval of demolition, partial demolition or relocation, which shall be reviewed and approved 6 by the HPC pursuant to the procedures established in Common Procedures, Art. 6, Div. 2. The HPC shall be authorized to suspend action on a demolition, partial demolition or relocation application when it finds that it needs additional information to determine whether the application meets the standards of Section 7-602 (B) or that the proposal is a matter of such great public concern to the City that alternatives to the demolition, partial demolition or relocation must be studied jointly by the City and the owner. Alternatives which the HPC may consider having studied shall include, but not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or revision to the demolition, partial demolition or relocation and development plan. The HPC shall be required to specify the additional information it requires or the alternatives it finds should be studied when it suspends action on the development, partial 7 demolition or relocation application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the Planning Director, but in no case shall suspension be for a period to exceed six (6) months. F. Application for Demolition. Partial Demolition or Relocation. A Development Application for Demolition shall include the following: 1. The general application information required in Sec. 6-202. 2. The name of the structure proposed for demolition, partial demolition or relocation. 3. A written description of the structure proposed for demolition, partial demolition or relocation, and its year of construction. 4. A report chitect structure itation. from a licensed engineer or ar- regarding the soundness of the and its suitability for rehabi1- 8 5. An economic feasibility report that provides: a. Estimated market value of the property on which the structure lies, in its current condition, and after demolition, partial demolition or relocation. b. Estimates from an architect, developer, real estate agent or appraiser experien- ced in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the structure proposed for demolition, partial demolition or relocation. c. All appraisals made of the property on which the structure is located made within the previous two (2) years. d. Any other information considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. 6. A development plan and a statement effect of the proposed development of the on the 9 other structures on the property and the character of the neighborhood around the property shall be submitted in cases when the HPC requires a development plan to evaluate the appropriateness of demolition or when the applicant believes the submission of a development plan will assist in the evaluation of the proposed demolition."; G. Penalties. A violation of any portion of this Sec. 7-602 shall prohibit the owner, successor or assigns from obtaining a building permit for the affected property for a period of five years from the date of such violation. The City shall initiate proceedings to place a deed restriction on the property to this effect to insure the enforcement of this penalty. Section 2 That Article 5, Sec. 5-209 (C) (11) Commercial Core (CC)i Sec 5- 210(C) (5) Commercial (C-1)i and Sec. 5-213 (C) (7) Office of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby repealed. section 3 If portion any section, subsection, sentence, clause, of this ordinance is for any reason held phrase invalid or or 10 unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 5 on the Ordinance shall be held on the ~ A public hearing day of ~ , 1989, at 5:00 P.M. in the city council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the !O ~c/ day of ~, ,1989. ~~~ .?Wi11iam L. stirling, Mayor FINALLY, adopted, passed and approved this 5~ day of ~J , 1989. 11 ATTEST: dz~rl) vJ 4u Kathryn S 'Koch, City Clerx cccodecorrectord.33 12