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Home My WebLink Aboutordinance.council.009-17 RECEPTION#: 638573, R: $38.00, D:$0.00 DOC CODE: ORDINANCE P9 1 of 6, 05/25/2017 at 09:18:21 AM Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #9 (Series of 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC DESIGNATION FOR 215 N. GARMISCH STREET, 630 W. MAIN STREET, 1101 E. COOPER AVENUE AND THE ASPEN PEDESTRIAN MALL PARCEL IDs: 215 N. Garmisch Street: 92735-124-36-850 630 W. Main Street: #2735-124-44-855 1101 E. Cooper Avenue: 42737-181-39-801 Aspen Pedestrian Mall: n/a WHEREAS, in the fall of 2016, the City of Aspen hired a consultant to provide an independent study of the eligibility of five City owned properties constructed in the mid-20'h Century for historic designation through the AspenModern program described at Section 26.415.025 and Section 26.415.030 of the Municipal Code. The properties were originally identified as potentially eligible for designation by the City of Aspen Historic Preservation Officer and Council later received recommendations to pursue designation from a Historic Preservation Task Force and the Aspen Historic Preservation Commission; and WHEREAS, Council was provided with the consultant findings on February 21, 2017. The consultant found all five properties to meet the City's historic designation criteria. Council then directed staff to initiate a land use application for voluntary designation; and WHEREAS, the Community Development Department performed an analysis of the application for designation and found that the designation criteria are met for all five properties; and WHEREAS, at their regular meeting on March 22, 2017, HPC considered the application for designation and found that the designation criteria are met for all five properties. HPC recommended City Council approval; and WHEREAS, this Ordinance addresses four of the nominated properties. The fifth, 110 E. Hallam, is addressed in Ordinance 911, Series of 2017; and WHEREAS, historic designation of AspenModern era resources is voluntary and allows the property owner to request site specific incentives as described at Section 26.415.025.C.1.d of the Municipal Code. City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations; and WHEREAS, based on input from the Aspen City Manager's office, Asset Management Department, Kids First and the Parks Department, incentives in the form of limitations to the HPC's future review authority over the properties have been included in this Ordinance; and Ordinance #9, Series of 2017 Page I of 6 WHEREAS, the City Council finds that the designation criteria are met for all four properties, and that limitations to the HPC's future review authority over the properties, as detailed below, is necessary to incentivize voluntary designation; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AS FOLLOWS: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves historic designation for the following properties, subject to the conditions described in Section 2. 215 N. Garmisch Street, aka Yellow Brick School, Lots A-S plus the vacated alley, Block 57, City and Townsite of Aspen, Colorado, PID #2735-124-36-850. 630 W. Main Street, aka Mountain Rescue, Lot M, Block 24, City and Townsite of Aspen, Colorado, PID #2735-124-44-855. 1101 E. Cooper Avenue, aka Anderson Park, Lot I, Anderson Subdivision, City and Townsite of Aspen, Colorado, PID #2737-181-39-801. Aspen Pedestrian Mall. The designated area is defined as "Mall Extents" as depicted in Attachment A to this Ordinance. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this Ordinance. The location of the property designated by this Ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: AsnenModern Voluntary Historic Designation Incentives Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following incentives. These incentives will remain in effect, even if the City sells the properties to a new owner. Additional incentives may be awarded by the Historic Preservation Commission or City Council as part of a future request, pursuant to Section 26.415 of the Municipal Code. 215 N. Garmisch Street- Section 26.415 of the Municipal Code does not provide the HPC with review authority over interior alterations to a historic landmark. Regardless of any changes to the Municipal Code in the future, HPC shall not gain purview over the interior of this property. 630 W. Main Street- Section 26.415 of the Municipal Code does not provide the HPC with review authority over interior alterations to a historic landmark. Regardless of any Ordinance#9, Series of 2017 Page 2 of 6 changes to the Municipal Code in the future, HPC shall not gain purview over the interior of this property. 1101 E. Cooper Avenue- The City of Aspen shall be permitted to relocate three small 19`h century structures that were moved to this property at an unknown date, to another location on the property. HPC shall review and approve the new location, the orientation of the buildings, their relationship to grade, the method for relocation, the design of the new foundations, and any repairs or alterations to the structures, but may not make a finding that the act of on-site relocation is inappropriate. These structures will be considered contributing historic resources, like the 1949 log cabin which is the primary historic resource on the site. The City of Aspen shall be permitted to construct a basement below the log cabin if desired. All applicable standards for Relocation established in Section 26.415 of the Municipal Code shall apply, however HPC shall not make a finding that the act of excavating a basement below the cabin is inappropriate. Section 26.415 of the Municipal Code does not provide the HPC with review authority over interior alterations to a historic landmark. Regardless of any changes to the Municipal Code in the future, HPC shall not gain purview over the interior of this property. Aspen Pedestrian Mall; Until such time as a Master Plan for future repairs and improvements to the mall is adopted and provides updated direction, HPC's does not have review authority over the following improvements, developments or actions to the Pedestrian Mall. All permanent alterations to the mall that are not addressed below shall be reviewed and approved by HPC according to applicable review criteria and design standards for historic landscapes: HPC shall not have review authority over the routine removal and/or replacement of trees undertaken to maintain the health of the forest, or routine repairs to mall materials or features including replacement of brick with stockpiled material, or repair or replacement of infrastructure or ditches where the mall surface will be restored to the previous condition. Where trees are to be replaced, the City of Aspen Parks Department may plant trees of the following types without review by HPC: aspen, spruce, cottonwood and crabapple. Any other tree species proposed to be planted shall require historic preservation staff or HPC review and approval. HPC has review authority over the location of public art, but not the selection of public art. HPC shall have a recommending role over the selection of any City installed street furniture. Ordinance#9, Series of 2017 Page 3 of 6 HPC shall not have review authority over temporary, fully removable physical improvements related to Special Events or mall leases. HPC shall not have review authority over any moveable objects placed on the mall by the City or placed by a business owner as part of a mall lease for outdoor dining. Section 3: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 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 6: Public Hearing A public hearing on the ordinance shall be held on the 24th day of April, 2017 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 3rd day of April, 2017. ( Steven Skao ron, Mayor ATTEST: ,j t Li inda Manning, City Clerk Ordinance #9, Series of 2017 Page 4 of 6 • FINALLY,adopted, passed and approved thisDi day of A012017. I / `11 Steven Skad on, Mayor ATTEST: Ort a460: , inda Manning, City C1er• APPROVED AS TO FORM: J es R. True, City Attorney Ordinance#9, Series of 2017 Page 5 of 6 Exhibit A Aspen Pedestrian Mall ' + = - _- f . .....,, illiimi. :_., .. 5. C A. wr U Ii ti 1/ II di w .� n 1111111..11r1 I'M r .,,i . . : 7-...--.. ,. . t. , N � -I Y • If !.p V I :k LL ' ,7.... 1 t 4 CHMI AVENUE i WAGNER MAA f sok �.Ii SIM ._ ; �i._ . • 1,1Ui .-, , mfj I - r "-. -- E►MAA V#11' 4110*7 �+ ` l - 1 r 1 '4 tAgalkir".:±_'-A16- .4-r- W--.. NIEL . ASPEN'PEDESTRIAN MALL Ordinance #9, Series of 2017 Page 6 of 6