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HomeMy WebLinkAboutcoa.lu.ca.Historic Preservation Recending.2004--~ Case 0028.2004.ABPC ° I c � r THE CITY OF ASPEN City of Aspen Community Development Dept. CASE NUMBER C)aA H hG PARCEL ID NUMBER PROJECT ADDRESS t\l 14 PLANNER A IV r"'k y CASE DESCRIPTION LL Fl NOLJ 5E- o(- n t Fl wit (w)h'-)CN) ` H /,2C v 2 D / N 14/V CE REPRESENTATIVE H b 1^ LI C DATE OF FINAL ACTION 3 �L/ CLOSED BY Denise Driscoll File Edit Record Navigate Form Reports Tab Help ilk InjCA04U;o"61144 C"C1�� ? Sub Permits Valuation Public Comment Main Rorgtng Status j Arch/Eng i Parcels Custom Fields Feel Fee Summary , 4chons Routing History Qon(k ons Permit Type ahpc Aspen Historic Land Use 2004 Permit k 0028.2004.AHPC Address J Apt/Suite w ❑ City i State; zip �� Permit In(amation Master Pemr4 �— — — J Routing Queue F--- Appfed 10/18/2004 J rn Prgect Status Ip;O iy Approved — J Description LAND USE CODE AMENDMENT - HPC ORDINANCE Issued �— J Final f - J Submitted r r'• Clock Running DwsF 0 Expires 1O/13/2005 J F- VWA on the web? Permit ID: 1 31872 Owner — Last Name CITY OF ASPEN J Fist Name 130 GALENN AST Phone 9970) 920-5000 ASPEN CO 811 Owner Is Applicant? Applicant Last Name CITY OFASPEN Fret Name 130 S GALENA ST Phone (970) 920.5000 Cust q 25221 ASPEN CO 81611 Lender Enter the subrrMted by information Record: 2 of 2 MEMORANDUM TO: Mayor. Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Code amendments to Chapter 26.415, "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District" and Chapter 26.420, "Benefits for Properties Listed on the Aspen Inventory of Historic Landmark Sites and Structures," Second Reading of Ordinance #43, Series of 2004 DATE: December 13, 2004 ------------------------------------------------------------- -------------------------------------------------------------- SUMMARY: Staff and P&Z recommend that Council approve code amendments which clarify existing language in the historic preservation ordinance and benefits package. In 2002, the City Council adopted a complete re -write of the Historic Preservation element of the Municipal Code, including many improvements to the decision making process, and new incentives for the preservation of historic structures. The regulations were viewed as "state of the art" by the Colorado Historical Society, and the City was given an award for their adoption. The proposed code amendments are intended to further improve the quality of the regulations. REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there must be a public hearing and recommendation from the Planning and Zoning Commission, and a public hearing and affirmative vote by City Council. The review criteria for code amendments are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo. PROPOSED CODE AMENDMENTS Staff proposes amendments to existing language within the Municipal Code as follows. New language is underlined and removed language is sex - Amend Sections 26.415.050, Rescinding Designation and 26.415.110, Benefits to read as follows. The purpose of this amendment is to clarify that HPC retains jurisdiction over vacant lots created through a Historic Landmark Lot Split in order to ensure compatibility with the affected historic resource. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 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 throujzh 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. And 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. Amend Sections 26.415.070.B.4, Certificate of No Negative Effect to read as follows. The purpose of this amendment is to clarify that staff can sign off on certain types of site improvements rather than sending them to the HPC for minor review. 26.415.070.B.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. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 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. Amend Sections 26.415.060, Effect of Designation, Special Consideration, and 26.420.020.C.3, Technical Assistance, Building Codes to read as follows. The purpose of the amendment is to replace an outdated reference to the Building Code that has been adopted by the City. 26.415.060.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 r ni f Fm Building Cede iInternational Building Code (IBC) through the provisions of the r nif Code r^r- Building ing r•ense.=..,+ien (UG13 ) 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 T TBCIEBC. And 26.420.020.0 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 T nif Building ing Cede ( BC) International Building Code (IBC) provides for flexibility in its application to historic structures. In addition to the UBC IBC, the city has adopted the U�'�-odfor- Building Censer-vation (i Trur' International Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 Amend Section 26.420.020, Financial Benefits, to amend a too stringent criteria for the award of grants for rehabilitation work, and to add mention of the new TDR program: 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 Cityof Aspen. RECOMMENDATION: Staff and P&Z find that the proposed amendment to the Municipal Code complies with the applicable review criteria and should be approved. RECOMMENDED MOTION: "I move to adopt Ordinance 443, Series of 2004, amendments to the Municipal code related to historic preservation. CITY MANAGER'S COMMENTS: Attachments: Exhibit A: Amendments to the Land Use Code — Staff Findings LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 EXHIBIT A Amendments to the Land Use Code Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: 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: Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I Does it Comply? YES Staff is unaware of any conflicting portions of the Title. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: Does it Comply? YES Staff finds that the amendment supports the Historic Preservation element of the AACP, which includes the goals of making improvements to the historic preservation process and protecting all buildings of historic significance. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I Does it Comply? YES The code amendments have no direct affect on land uses. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I Does it Comply? YES The code amendments have no effect on traffic generation and road safety. 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 FINDING: Does it Comply? YES There will be no additional affect on infrastructure as a result of this code amendment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. STAFF FINDING: I Does it Com 1 ? I YES LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 0. 0 This code amendment has no direct impacts on the natural environment, however, preservation can have less negative effect on the natural environment than new construction. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I Does it Comply? I YES Aspen's physical character is in great part defined by the community's historic resources. Ensuring that Aspen has an effective historic preservation process and good benefits for property owners will allow us to be more successful in protecting this character, which is vitally important to the economy and livability of town. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I Does it Comply? I NOT APPLICABLE Historic Preservation is an increasingly difficult task in Aspen because of high property values. It is clear that the City must provide a workable historic preservation program and benefits, some of which are addressed through these code amendments. 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 FINDING: Does it Comply? YES Staff finds that the proposed amendment will not be in conflict with the public interest and, in fact, will help to protect the public interest by preserving historic structures for everyone to enjoy. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6 ORDINANCE 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 hearing 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 FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Helen K. Klanderud, Mayor day of , 2004. Helen K. Klanderud, Mayor ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: M P Aspen, CO SCHEDULED PUBLIC HEARING DATE: J , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) r I \ /-. brit ,D C' /— I , A i-A 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: _A_ Publication of notice: By the publication in the legal notice section of an official paper or apaper of general circulation in the City of Aspen at least fien (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 herV. 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The foregoing "Affidavit of Notice" was acknowledged before me 's ) day of -' , 200 y, by � I BucNOTICE WITNESS MY HAND AND OFFICIAL SEAL RE: CITY OF A, EN LAND USE CODE AMEND• MENTS- SECTI 26.415, DEVELOPMENT IN- VOLVING THE PEN INVENTORY OF HISTORIC /� ( 1 LANDMARK SITES AND STRUCTURES OR DEVEL. My commis ion expires: ( �J ' OPMENT IN AN .'H;' HISTORIC OVERLAY DIS- TRICT AND SECTION 26.420- BENEFITS FOR 'AY p� PROPERTIES LISTED ON THE ASPEN INVENTORY O ., OF HISTORIC LANDMARK SITES AND STRUC- Notary Public TURES NOTICE IS HEREBY GIVEN that a public v,, , ,•� hearing will be held on Monday. December 13, 2(X)4 at a meeting to begin at 5:00 p.m. before the (n �. nxCS Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider amendments •' G to Sections 26.415 and 26.420 of the Aspen Munic- 1 ,.•'A� - [pal Code. -•. Q`C For further information, Contact Amy Guthrie at the City of Aspen Com nity Development De- partment, 130 S. Galena t., Aspen, CO, (970) 920• ATTACHMENTS 5096, amy9@cI.aspen.c4- s4Aelen K. Klanderud, Mayor ' Aspen City OPYOFTHEPUBLICATION 2727, - Published In The Aspen Times on Novemberber 20D4.(2162) s� .. -.-.PH OF THE POSTED NOTICE (SIG19 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director 3W FROM: Amy Guthrie, Historic Preservation Officer RE: Code amendments to Chapter 26.415, "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District" and Chapter 26.420, "Benefits for Properties Listed on the Aspen Inventory f Historic Landmark Sites and Structures," First Reading of Ordinance #6 Series of 2004 DATE: November 22, 2004 SUMMARY: Staff and P&Z recommend that Council approve code amendments which clarify existing language in the historic preservation ordinance and benefits package. In 2002, the City Council adopted a complete re -write of the Historic Preservation element of the Municipal Code, including many improvements to the decision making process, and new incentives for the preservation of historic structures. The regulations were viewed as "state of the art" by the Colorado Historical Society, and the City was given an award for their adoption. The proposed code amendments are intended to further improve the quality of the regulations. REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there must be a public hearing and recommendation from the Planning and Zoning Commission, and a public hearing and affirmative vote by City Council. The review criteria for code amendments are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo. PROPOSED CODE AMENDMENTS Staff proposes amendments to existing language within the Municipal Code as follows. New language is underlined and removed language is str-ieken.. Amend Sections 26.415.050, Rescinding Designation and 26.415.110, Benefits to read as follows. The purpose of this amendment is to clarify that HPC retains jurisdiction over vacant lots created through a Historic Landmark Lot Split in order to ensure compatibility with the affected historic resource. LAND USE CODE AMENDMENTS STAFF REPORT PAGE I 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. And 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. Amend Sections 26.415.070.B.4, Certificate of No Negative Effect to read as follows. The purpose of this amendment is to clarify that staff can sign off on certain types of site improvements rather than sending them to the HPC for minor review. 26.415.070.B.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. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 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. Amend Sections 26.415.060, Effect of Designation, Special Consideration, and 26.420.020.C.3, Technical Assistance, Building Codes to read as follows. The purpose of the amendment is to replace an outdated reference to the Building Code that has been adopted by the City. 26.415.060.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 Uniform Building Cede ( BC) International Building Code (IBC) through the provisions of the r nif f Cede for- Building rVense,-.,atien ( CBG) 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 UGBE IEBC. And 26.420.020.0 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 UBC= IBC, the city has adopted the Unifefm Code or- Building GenseE atio (rC44G International Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 Amend Section 26.420.020, Financial Benefits, to amend a too stringent criteria for the award of grants for rehabilitation work, and to add mention of the new TDR program: 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. RECOMMENDATION: Staff and P&Z find that the proposed amendment to the Municipal Code complies with the applicable review criteria and should be approved. RECOMMENDED MOTION: "I move to approve Ordinance # Li 3q Series of 2004, amendments to the Municipal code related to historic preservation, on First reading. CITY MANAGER'S COMMENTS:/ Attachments: Exhibit A: Amendments to the Land Use Code — Staff Findings LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 EXHIBIT A Amendments to the Land Use Code Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: 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: Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I Does it Comply? IYES Staff is unaware of any conflicting portions of the Title. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: I Does it Comply? YES Staff finds that the amendment supports the Historic Preservation element of the AACP, which includes the goals of making improvements to the historic preservation process and protecting all buildings of historic significance. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I Does it Comply? YES The code amendments have no direct affect on land uses. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I Does it Comply? YES The code amendments have no effect on traffic generation and road safety. 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 FINDING: Does it Comply? YES There will be no additional affect on infrastructure as a result of this code amendment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. STAFF FINDING: I Does it Com 1 ? I YES LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 This code amendment has no direct impacts on the natural environment, however, preservation can have less negative effect on the natural environment than new construction. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I Does it Comply? I YES Aspen's physical character is in great part defined by the community's historic resources. Ensuring that Aspen has an effective historic preservation process and good benefits for property owners will allow us to be more successful in protecting this character, which is vitally important to the economy and livability of town. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I Does it Comply? I NOT APPLICABLE Historic Preservation is an increasingly difficult task in Aspen because of high property values. It is clear that the City must provide a workable historic preservation program and benefits, some of which are addressed through these code amendments. 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 FINDING: I Does it Comply? YES Staff finds that the proposed amendment will not be in conflict with the public interest and, in fact, will help to protect the public interest by preserving historic structures for everyone to enjoy. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6 ORDINANCE NO. 143 (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 _ to —L-� 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 hearing 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 FINALLY, adopted, passed and approved this Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Helen K. Klanderud, Mayor day of , 2004. Helen K. Klanderud, Mayor 1] • We, D. MEMORANDUM TO: Aspen Planning and Zoning Commission --.iAA- THRU: Joyce Allgaier, Interim Community Development Director FROM: Amy Guthrie, Historic Preservation Officer ?A RE: Code amendments to Chapter 26.415, "Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H," Historic Overlay District" and Chapter 26.420, "Benefits for Properties Listed on the Aspen Inventory of Historic Landmark Sites and Structures" DATE: November 16, 2004 --------------------------------------------------------------- ------------ -------------- ------------- ------------------------- SUMMARY: Staff recommends that P&Z support code amendments which clarify existing language in the historic preservation ordinance and benefits package. In 2002, the City Council adopted a complete re -write of the Historic Preservation element of the Municipal Code, including many improvements to the decision making process, and new incentives for the preservation of historic structures. The regulations were viewed as "state of the art" by the Colorado Historical Society, and the City was given an award for their adoption. The proposed code amendments are intended to further improve the quality of the regulations. REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there must be a public hearing and recommendation from the Planning and Zoning Commission, and a public hearing and affirmative vote by City Council. The review criteria for code amendments are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo. PROPOSED CODE AMENDMENTS Staff proposes amendments to existing language within the Municipal Code as follows. New language is underlined and removed language is stfieken. Amend Sections 26.415.050, Rescinding Designation and 26.415.110, Benefits to read as follows. The purpose of this amendment is to clarify that HPC retains jurisdiction over vacant lots created through a Historic Landmark Lot Split in order to ensure compatibility with the affected historic resource. 26.415.050 Rescinding designation. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 • 0 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. And 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. Amend Sections 26.415.070.B.4, Certificate of No Negative Effect to read as follows. The purpose of this amendment is to clarify that staff can sign off on certain types of site improvements rather than sending them to the HPC for minor review. 26.415.070.B.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. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 0 0 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. Amend Sections 26.415.060, Effect of Designation, Special Consideration, and 26.420.020.C.3, Technical Assistance, Building Codes to read as follows. The purpose of the amendment is to replace an outdated reference to the Building Code that has been adopted by the City. 26.415.060.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 T TBGIEBC. And 26.420.020.0 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 Uniform form Building Code ( BG) International Building Code (IBC) provides for flexibility in its application to historic structures. In addition to the LLBE IBC, the city has adopted the �T„�Code for Building GenseFvafia `�- JW International Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes intrusion into the historic structure. Amend Section 26.420.020, Financial Benefits, to amend a too stringent criteria for the award of grants for rehabilitation work, and to add mention of the new TDR program: LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 • 0 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. STAFF RECOMMENDATION: Staff finds that the proposed amendment to the Municipal Code complies with the applicable review criteria and should be approved. RECOMMENDED MOTION: "I move to adopt Resolution #.3f), Series of 2004, recommending that Council approve amendments to the Municipal code related to historic preservation. Attachments: Exhibit A: Amendments to the Land Use Code — Staff Findings LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 • EXHIBIT A Amendments to the Land Use Code Section 26.310.040 - Standards for Review of an Amendment to the Text of Title 26: 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: Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: I Does it Comply? YES Staff is unaware of any conflicting portions of the Title. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: I Does it Comply? YES Staff finds that the amendment supports the Historic Preservation element of the AACP, which includes the goals of making improvements to the historic preservation process and protecting all buildings of historic significance. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I Does it Comply? YES The code amendments have no direct affect on land uses. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: Does it Comply? YES The code amendments have no effect on traffic generation and road safety. 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 FINDING: Does it Comply? YES There will be no additional affect on infrastructure as a result of this code amendment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. STAFF FINDING: Does it Comply? I YES LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 This code amendment has no direct impacts on the natural environment, however, preservation can have less negative effect on the natural environment than new construction. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I Does it Comply? I YES Aspen's physical character is in great part defined by the community's historic resources. Ensuring that Aspen has an effective historic preservation process and good benefits for property owners will allow us to be more successful in protecting this character, which is vitally important to the economy and livability of town. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I Does it Comply? I NOT APPLICABLE Historic Preservation is an increasingly difficult task in Aspen because of high property values. It is clear that the City must provide a workable historic preservation program and benefits, some of which are addressed through these code amendments. 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 FINDING: Does it Comply? YES Staff finds that the proposed amendment will not be in conflict with the public interest and, in fact, will help to protect the public interest by preserving historic structures for everyone to enjoy. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6 RESOLUTION NO. (SERIES OF 2004) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING 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 to _(_-_) vote, City Council adopt the proposed amendments to 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 Commission hereby recommends City Council amend the Municipal Code to include the following text: 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 Planning and Zoning Commission Resolution No. 3$, Series of 2004 Page 1 the resource which originally caused the site to be landmarked meets the criteria for removal from the Historic Inventory. Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.060.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. Section 3• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.070.B.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. Planning and Zoning Commission Resolution No. -31 , Series of 2004 Page 2 Section 4• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 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. Section 5• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 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. Planning and Zoning Commission Resolution No. Series of 2004 Page 3 • 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• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.420.020.0 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. APPROVED by the Commission during a public hearing on , 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission Resolution No. 38 , Series of 2004 Page 4 Jasmine Tygre, Chair • CI Planning and Zoning Commission Resolution No.,, Series of 2004 Page 5 0 0 RESOLUTION NO.38 (SERIES OF 2004) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO, RECOMMENDING 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. 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 Commission hereby recommends City Council amend the Municipal Code to include the following text: 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 Planning and Zoning Commission Resolution No. Series of 2004 Page 1 the resource which originally caused the site to be landmarked meets the criteria for removal from the Historic Inventory. Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.060.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. Section 3• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.415.070.B.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. Planning and Zoning Commission Resolution No. , Series of 2004 Page 2 9 0 Section 4• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 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. Section 5• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.420.020 Benefits. A. Financial benefits. I. 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. Planning and Zoning Commission Resolution No. Series of 2004 Page 3 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• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council amend the Municipal Code to include the following text: 26.420.020.0 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. APPROVED by the Commission during a public hearing on , 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission Resolution No. Series of 2004 Page 4 Jasmine Tygre, Chair ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: L—�i �C �S©C�(�`t°l�C, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 11 / 2-1 , 200_ STATE OF COLORADO ) ss. County of Pitkin ) ct s L name rant I ✓� (name, P 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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) • 0 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. gnature The forego 'ng "Affidavit of Notice" was arm wledged bef re me th's 15 day of 0 , 200 Lf, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public .4. OA-r SI 0 co ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • PIJRI !C NOTICE RE: CITY OF ASPEN LAND USE CODE AMEND- MENTS- SECTION 26.415. DEVELOPMENT' IN- VOLVING THE ASPEN INVENTORY OF HISTORIC: LANDMARK SITES AND STRUCTURES OR DEVEL- OPMENT IN AN "J." HISTORIC OVERLAY DIS- TRICT AND SECTION 26.420. BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUC- TURES NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday. November 2. 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room. City Hall. 130 S. Galena St.. Aspen, to consider amendments to Sections 26.415 and 26.420 of the Aspen Municipal Code. For further information, contact Amy Guthrie at the City of Aspen Community Development Department. 130 S. Galena SL. Aspen. CO, (970) 920-5096, amygeci.aspen.co. us. s/Jasmine Tygre. Chair Aspen PIN jing and Zoning Commission Published in The Aspen Times on October 16. 2004.(2027)