HomeMy WebLinkAboutordinance.council.043-04ORDINANCE NO. 43
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AMENDMENTS TO SECTIONS 26.415.050 RESCINDING
DESIGNATION, 26.415.110 BENEFITS, 26.415.070.B.4 CERTIFICATE OF NO
NEGATIVE EFFECT, 26.415.060 EFFECT OF DESIGNATION, 26.420.020
FINANCIAL BENEFITS, AND 26.420.020.C.3 TECHNICAL ASSISTANCE
WHEREAS, the Community Development Department has proposed code
amendments to clarify existing language in the historic preservation ordinance and
benefits package; 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 conditions, or denial by the Planning Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Planning Director recommended approval of amendments to the
Land Use Code as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments, as described herein, on November 16, 2004, took and
considered public testimony and the recommendation of the Planning Director and
recommended, by a five to zero (5-0) vote, City Council adopt the proposed amendments
to the Land Use Code, as described herein; and
WHEREAS, the Aspen City Council finds that the code amendments meet or
exceed all applicable development standards and that the approval of the development
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:
Section 26.415.050, Rescinding designation, which section identifies the process by
which a property may be removed from the Aspen Inventory of Historic Landmark Sites
and Structures, shall read as follows:
26.415.050 Rescinding designation.
A. Application and review. An application for the removal of a property 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 section 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 from the Inventory. A parcel created
through a 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 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 of Aspen. (Ord. No. 1-2002 § 7 (part), 2002).
Section 2:
Section 26.415.060.C, Special consideration, which section describes benefits that may
be available to properties that are listed on the Aspen Inventory of Historic Landmark
Sites and Structures, shall read as follows:
C. Special consideration.
1. To preserve and maintain the historic and architectural character of designated
properties, 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 (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 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),
2002)
Section 3:
Section 26.415.070.B.4, Certificate of No Negative Effect, which section identifies the
type of work that may qualify for this review process, shall read as follows:
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 non-primary facades of a
designated building.
i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or
similar significant features.
Section 4:
Section 26.415.110, Benefits, which section describes benefits that may be available to
properties which are listed on the Aspen Inventory of Historic Landmark Sites and
Structures, shall read as follows:
26.415.110 Benefits.
The City of Aspen 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 Sites 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.
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 section 26.304.060(E)(3)(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.
Section 5:
Section 26.420.020, Benefits, which section describes financial benefits that may be
available to properties that are listed on the Aspen Inventory of Historic Landmark Sites
and Structures, shall read as follows:
26.420.020 Benefits.
A. Financial benefits.
1. Rehabilitation loan fund. City Council may approve a zero interest loan in an
amount up to $25,000 for any property that is in violation of section 26.415.100 of the
Land Use Code, "Demolition by Neglect," or to fund other rehabilitation work which is
considered necessary for the preservation or restoration of a designated structure. To be
eligible for this benefit a property owner shall show evidence of financial need. These
one-time loans shall be repaid at the time of transfer-of-title or by the end of ten (10)
years, whichever comes first.
2. Conservation easement program. The city may accept a "Conservation Easement"
from a property owner who wishes to forgo any of the allowed square footage on their
property in exchange for a federal tax deduction. A deed restriction shall be filed on the
site to show that future development is limited. The five hundred (500) square foot floor
area bonus provided in section 26.415.120(E) of the Land Use Code cannot be donated as
a conservation easement.
3. City-owned building rehabilitation fund. The city shall give priority in the Asset
Management Plan to budgeting the funds necessary to adequately maintain, rehabilitate or
restore city-owned designated properties.
4. Transferable Development Rights. Per Section 26.535 of the Municipal Code,
owners of properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures may sever and convey, as a separate development right, undeveloped floor area
to be developed on a different and non-historic property within the City of Aspen.
Section 6:
Section, 26.420.020.C, Benefits, which section describes technical assistance benefits that
may be available to properties that are listed on the Aspen Inventory of Historic
Landmark Sites and Structures, shall read as follows:
C. Technical Assistance.
1. Tax credit applications. City Planning Staff shall assist property owners in
participating in state and federal rehabilitation tax credit programs by helping with the
preparation of application materials, undertaking the necessary reviews to assist in
obtaining certification. A twenty (20) percent State Rehabilitation Income Tax Credit may
be available for locally designated properties and may be combined with a twenty (20)
percent Federal Income Tax Credit which is available for income producing properties
listed on the National Register of Historic Places.
2. Community initiated development. The city will consider opportunities to be
involved in public-privately funded rehabilitation efforts, building expansion, or infill
projects that demonstrate good historic preservation practices.
3. Building codes. The International Building Code (IBC) provides for flexibility in
its application to historic structures. In addition to the IBC, the city has adopted the
International Existing Building Code (IEBC) to assist owners in making repairs in a
manner that minimizes intrusion into the historic structure.
4. Contractor training. The Community Development Department shall provide
periodic workshops for contractors on proper preservation techniques, using grants or
other sources of funding.
Section 7:
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 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 9:
A public heating on the Ordinance shall be held on the 13th day of December, 2004, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22''d day of November, 2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this ~_ day offS4.
Attest:
Kathryn S. K~, City Clerk
Approved as to form:
C-~Atto-r~y