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HomeMy WebLinkAboutLand Use Case.City Wide.HP-1976-04. o. 4 0 ;li Ase *4 19 -Ccl76- 64 t Historic Designation ~- Standards and Procedures of - \1 7+0 Cip/,7*it_- 6.ll, lv- €64 M A 40 1 1 a RECORD OF PROCEEDINGS 100 Leaves FOR• M C. F HI-Krt l. 8. 8 1 L 0. ARTICLE IX HISTORIC DESIGNATION 24-9.1 Purpose It is the intent of this Article to establish procedures to provide for the preservation and continued existence of historic structures, combinations of structures, sites and areas within the City and for the construction, reconstruction and remodeling of structures and combinations of structures within legally designated H, Historic Overlay Districts, to promote the educational, cultural, economic and general welfare of the public by preserving those qualities that relate to the history of the City of Aspen, the State of Colorado, and the Nation. 24-9.2 Creation of the Historic Preservation Committee There shall be established an Historic Preservation Committee with seven (7) members appointed by the City Council, with such powers and duties as are hereinafter prescribed which include in part: A. To make recommendations to the Planning Commission and the City Council on the designation of H, Historic Overlay Districts, and to provide support material necessary to justify such designation; B. To review and render decisions on individual building permit applications within H, Historic Overlay Districts. 24-9.3 Standards for Desi.gnation of H, Historic Overlay Districts Structures, combinations of structures, sites or areas to be included within an H, Historic Overlay District, shall be evaluated and considered based on the following guidelines and standards: A. Historical Importance The structure, combination of structures, site of area : 1. Has chalfacter, interest or value as part of the development, heritage, cultural characteristics of the City of Aspen, the State of Colorado or the Nation; 2. Is the site of an historic event with an effect upon society; 3. Is identified with a person or group of persons who had some influence on society; 4. Exemplifies the cultural, political, economic, social or historical heritage of the community; 5. By its preservation, promotes the health, safety or welfare of the present and future inhabitants of the community. B. Architectural Importance The structure or combination of structures; 1. Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; 2. Embodies the distinguishing characteristics of a significant or unique architectural type specimen; 3. Is the work of an architect or master builder whose individual work has influenced the character of Aspen; -40- · I 0 RECORD OF PROCEEDINGS 100 Leaves FORM / C. F. liniCKAL 8. 1. a £ CO 4. Contains elements of design, detail, materials or craftsmanship which reprl,Sellt a significant architectural style. C. Geographic Influence The structure, combination of structures, site of area: 1. Because of being part of or related to a square, park or other distinctive area should be developed or preserved according to a plan based on an historic cultural or architectural motif; 2. Due to its unique location or singular physical characteristics·, represents an established and familiar visual feature of the city. 24-9.4 Procedure for Designation of H, Historic Overlay Districts Whenever, in the opinion of the Historic Preservation Committee, a structure, combination of structures, site or area meets the standards for designation of an H, Historic Overlay· District, as set forth in Section 24-9.3 , the Historic Preservation Committee shall contact the owner or owners of such structure, combination of structures, site or area, outlining the reasons for and effects of designation as an H, Historic Overlay District, and, if possible, shall secure the owner's written con- sent to such designation. Following this contact, the Committee may proceed by officially adopting a resolution A. Stating that a preliminary investigation and review indicates that the described structure, combination of structures, site or area is eligible and has been selected for designation as an H, Historic Overlay District; B. Stating either that the Historic Preservation Committee is in receipt of the owner's written consent to such designation or why the Historic Preservation Committee feels that it should proceed without such consent. The Committee shall present its findings to the Planning and Zoning Commission at a regular meeting of said Commission for preliminary approval before proceeding with the designation procedures. 24-9.5 Preliminary Approval The Planhing and Zoning Commission in considering preliminary approval shall evaluate the designation proposal for application of H, Historic Overlay District, to structures, combinations of structures, sites or areas with respect to: A. Its relationship to the Aspen Area General Plan; B. The effect of designation upon the surrounding neighborhood; C. Such other planning considerations as may be relevant to the proposed designation. Designation proposals receiving preliminary approval shall be scheduled for a joint public hearing with the Historic Preservation Committee and the Planning and Zoning Commission at a time, date and place certain. The procedures herein described for designation shall be exclusive and the general amendment procedures of this Code shall not be applied unless specifically provided therein. Designation proposals not receiving preliminary approval shall be terminated. - 41 - RECORD OF PROCEEDINGS 100 Leaves .0.. 44 C F. HAECKEL B. 8. I L. l.. 24-9.6 Joint Hearing Before submitting a report and recommendation on amendments to designate, amend or rescind H, Historic Overlay Districts, the Planning and Zoning Commission shall, together with the Historic Preservation Committee, hold a joint public hearing on said amendments. Following said public hearing, the Planning and Zoning Commission shall forward its report and recommendations to the City Council along with the report and comments of the Historic Preservation Committee. The following conditions shall be required with regard to said joint public hearing: A. For proposed amendments to the Zoning District Map designating, amending or rescinding H, Historic Overlay District, a notice of the required joint public hearing shall be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the-hearing, and a written notice of said joint hearing shall be sent by first class mail at least fifteen (15) days prior to the joint public hearing date to the owner or owners of the property included within said amendment. B. A quorum of the Historic Preservation Committee shall be present at the joint public hearing. If a quorum of the Committee is not present, the hearing shall be cancelled and the amendment procedure rescheduled. 24-9.7 City Council Designation Hearing The City Council shall set a public hearing, which hearing may' be used to satisfy the public hearing requirements for ordinance adoption, after receipt of the Historic Preservation Committee comments and the Planning and Zoning Commission recommendation on the proposal to designate a structure, combination of structures, site or area as an H, Historic Overlay District. The City Council shall, before such hearing, publish notice of the time and place of meeting in a newspaper of general circulation in the city, fifteen (15) days prior thereto. H, Historic Over- lay Districts, so designated by the City Council will be classified for zoning purposes by the ekisting zone district designation plus the suffix "H" . 24-9.8 Recordation of II, Ilistoric Overlay District Designation Within thirty (30) days of the effective date of an amendment designating structures, combination of structures, sites or areas as H, Historic Overlay District, the Historic Preservation Committee shall notify the City Building Inspector of the official designation and the secretary of the Committee shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, either of the following: A. A certified copy of the ordinance designating specified property within an H, Historic Over- lay District, as a structure, combination of structures, site or area for preservation, which ordinance shall contain a sufficient legal description of the structure(s), site or area designated; or B. A notice stating that specified property has been placed wi thin an IJ, IIistoric Overlay District, and designated as a structure, combina- tion of structures, site or area for preservation, - 42 - 0 0 RECORD OF PROCEEDINGS 100 Leaves C F . Ff K#i R I li i, and oiting the ordinance and effective date thereof which made the designation effective. The notice also may contain a brief summary of the effects of such designation. Failure to record such ordinance or notice within the required time shall suspend the effective date of the designation until the recording is made. If made within such thirty (30) day period, it shall be deemed effective retro- actively to the effective date of the ordinance. In addition, the Zoning District Map shall be amended, according to the procedures for notation under the general amendment provi- sions of·this Code, as a structure, combina- tion of structures, site or area for preser- vation by the addition of the suffix "H". The designation as an H, Historic Oveflay District, shall have the effect of super- imposing the requirements of this Article in addition to the zone requirements of the zone district applicable to the structure (S), site or area affected. 24-9.9 Procedure to Amend or Rescind Designation of H, Historic Overlay Districts The designation of a structure, combination of structures, site or area as an H, Historic Overlay District, may be amended or rescinded in the same manner as the original designation was made. 24-9.10 Procedure to Authorize Erection, Removal, Construction, Reconstruction, Remodeling or Demolition of Structures, Combination of Structures, Sites or Areas Designated as H, :istoric Overlay District, for Preservation A. Building permits shall not be issued for any of the following acts unless a determination has been made by the Building- Inspector that no change to the exterior appearance of the structure or combination of structures will result or until the appropriate action has been taken by the Historic Preservation Committee based on the pre- application review and application review pro- visions of this Section. 1. Remodeling, reconstruction of, or addition to, the exterior architectural feature of any improvement which constitutes all or part of a structure or combination of structures, within an H, Historic Overlay District; 2. Demolition or moving of any improvement which constitutes all or part of a structure or combination of structures within an H, Historic Overlay District; 3. Construction or orection of any improvement or addition to any improvement upon any site or area included within an H, Historic Overlay Distri-ct. B. Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, the prospective property developers, owners or agents shall prepare pre- liminary scale drawings and outline specifica- tions for review and informal discussion. Said - 43 - 1 0 0 RECORD OF PROCEEDINGS 100 Leaves ..... C. F •41,£, Krt M B 4 1 1,. preliminary scale drawings and outline sper i f i.·- cations, together with such other information as may be required to enable an intelligent understanding of the proposed work and a written request for the pre-application review, shall be submitted to the Building Inspector. All documents submitted to the Building Inspector for these required reviews shall be in triplicate prepared in a form suitable for filing in a standard size office filing cabinet. No exhibits need be submitted with a request to move or demolish a structure or combination of structures. Should the Building Inspector determine that preliminary scale drawings and outline specifi- cations demonstrate that no change to the exterior appearance of structures or combina- tions of structures will result, the Building Inspector may exempt the applicant from a pre- application review with the Historic Preservation Committee and shall continue to process the building permit in accordance with appropriate regulations. In cases where exterior changes will result, the Building Inspector shall notify the Committee promptly of each pre-application received and shall set a meeting date for said pre-application review. In cases of very minor repair projects the Historic Preservation Committee, if preliminary drawings and other data are sufficiently clear and explicit, may grant approval at the pre-application stage and shall also advise the Building Inspector in writing. The Building Inspector shall continue to process the building permit in accordance with appropriate regulations. C. In cases where approval is not given at the pre- application stage the following procedures shall apply. In processing each application for a building permit, under the provisions of this Section, the Historic Preservation Committee shall hold at least one (1) public hearing, notice of the time and place of which shall be given at least fifteen (15) days in advance by publication in a newspaper having general circulation in the City of Aspen. If the exhibits submitted for the pre-application review are deemed inadequate for holding a public hearing and for forming a clear idea of the proposed work, the Committee shall postpone action until adequate exhibits have been submitted. After such public hearing, the Committee shall: 1. Approve, or approve with conditions, the building permit as it pertains to the provisions of this Section, and shall so advise the Building Inspector in writing, and said Building Inspector shall then continue in accordance with the provisions of this Code. 2, Disapprove the building permit applied for as it pertains to this Section and so advise the Building Inspector in writing stating the reasons for such disapproval, and the Building Inspector shall deny the building permit, The applicant shall be notified of -44- RECORD OF PROCEEDINGS 100 Leaves '0.. 1 C r lari KE, 4 1, al t. 1 ~ the Committee's decision within ten (10) days of the public hearing at which the application was considered. Recommendations of approval, disapproval or conditional approval shall be noted in the minutes of the proceedings. No permit for work within an H, Historic Overlay District, may be issued without the approval or conditional approval of the Committee except in cases exempted by the Building Inspector or granted by the Committee in the pre-applica- tion state or except after appeal as provided elsewhere in this Section. 24-9.11 Criteria for Approval and Conditional Approval; Exceptions A. The Committee shall judge any proposed remodel- ing*for the preservation of historical, archi- tectural and characteristic qualities and any new structure for complimentary design with adjacent designated structures, combinations of structures, sites or areas. In case of an application to raze, demolish or move a structure, judgment shall be made on the basis of its historical and architectural importance, its importance as a part of the geographic area within which it is located, and the actual physical condition of the structure. The Committee may promulgate guidelines and standards to rely upon in making any such decisions. B. The Committee may grant condtional approval at the pre-application review or application review stages on the provision that changes related to exterior architectural features recommended by said Committee be made in proposed owrk. In such case, the Building Inspector shall determine that the condtions of approval have been mot and shall continue to process the building permit in accordance with appropriate regulations. 24-9.12 Appeal Procedure Any action of the Committee in disapproving or condi- tionally approving a permit application may be taken to the City Council within sixty (60) days of the decision and any action of the Committee so appealed from shall not become effective unless and until approved by the Council. On appeal the City Council may A. Grant exceptions or waivers from the provisions of this article when required to prevent a substantial hardship to the effected land- owner or injury to the public; or B. Explore all means for preserving the historic structure or site including, but not limited to, the feasibility of a modification of the plans or alternate private use of the structure or site which would substantially preserve the original character thereof, or the possibility of tax relief or public acquisition of the structure or site involved. - 45 - RECORD OF PROCEEDINGS 100 Leaves ,0- •, C r •· 1 .™El 1 0 1' .J · 24-9.13 Remodying Dangerous Conditions In any case where the Building Inspector, Health Officer, Fire Department or any other duly authorized officer or agency of the City of Aspen shall order or direct the construction, reconstruction, remodeling, repair or demolition of any improvement or any other necessary action to a structure, combination of structures, site or area designated as an H, Historic Overlay District, for the purpose of remodying conditions by said agencies to be immediately dangerous to life, health or property, nothing contained in this section shall be construed as making it d violation of thi.s section for any person to comply with such order or directive without receipt of a statement from the Committee. Any such department, agency or officer shall give the Committee as early notice as practicable of the proposed or actual issuance of any such order or directive. 24-9.14 Violation and Remedies Whenever, by the provisions of this Article, the performance of any act is required or the commission of any act is prohibited, a failure to comply shall constitute a violation of Chapter 24 of the Municipal Code of the City of Aspen and all penalties and remedies therein contained shall be applicable. 24-9.15 Role of the Board of Adjustment The Board of Adjustment shall not act on any variance or exception pertaining to property within an H, Historic Overlay District, without first consulting artd obtaining the written report of the Historic Preservation Committee. No appeal shall 1ie to the Board of Adjustment from any of the decisions of the Historic Preservation Committee. 24-9.16 Definitions A. Remodeling. Any act or process Which changes one or more of the exterior architectural features of a structure, combination of structures, site or area designated as an H, Historic Overlay District. B. H, Historic Overlay District. Amy structure or improvement and its surroundimg environs, a group or combination of structores or improvements and their surroundiag environs, sites or areas and their surrounding environs designated for preservation as am H, Historic Overlay District, under the provisions of this Article. C. Exterior architectural feature. The archi- lectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the texture and materials, and to the type and style of all windows, lights, signs and other fixtures appurtemcint to said structure or improvement. D. Improvement. Any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment. - 46 - V i, CITY*~~SPEN 1 3 0 so 4~11-~a le qj street aspen, '~12 di-T 8161 1 MEMORANDUM DATE: December 6, 1976 TO: Members of City Council FROM: Sandra M. Stuller RE: Proposed amendments to the "H" designation procedures Members of City Council: In an earlier memo to you I described a proposed amendment to the "H" historic designation process that would simplify designation of single structures when done with the consent of the landowner. The amendment received an affirma- tive P&Z recommendation at its meeting held December 7. Conse- quently, the matter is now ready for ordinance review and your approval. Let me, for your information, repeat what I have written earlier on the reasons for and consequences of the change incorporated in the attached ordinance. The historic designation procedures are quite lengthy requiring, as you probably know: 1. Adoption of a resolution by the HPC finding the structure or area eligible for designation; 2. That the HPC present its findings to the P&Z; 3. Review of the proposed designation by the P&Z which then gives its preliminary approval; 4. Scheduling and conducting a joint HPC and P&Z public hearing; 5. Forwarding a recommendation from the HPC and P&Z to the City Council; and 6. Adoption by the City Council of an ordinance of designation with two readings and a public hearing before the second reading. . Members of City Council December 6, 1976 Page 2 These procedures were initiated when the Historic procedures were first adopted in 1972, and were not amended when the code was recodified in 1974. The procedures were initially conceived of as requiring full participation by P&Z because of the land use planning impacts of creating H districts and because the regulations were patterned after other municipal ordinances (e.g. Georgetown, Telluride) where the Historic District regulations are the sole land use regu- lation of the municipality and used in lieu of traditional zoning codes. We are now getting a series of applications for Historic Designations of individual structures or sites by land- owners who wish to, quite often, enjoy the benefits of additional uses permitted in " II" buildings. Most of these will have little or no land use implications beyond improvement to the site designated. Consequently, what we propose is an amendment to the zoning code authorizing an abbreviated adoption procedure so as to eliminate steps 2, 3 and 4 when the designation of an individual site is proposed and initiated with the consent of the landowner. The attached ordinance is designated to achieve that result. SMS:mc Attachment t, i. F ..1 GTY ar../4 Tr? . 70 0 i -4 ur 130 south galena street aspen, coloradof' 81611 9-3. 9 MEMORANDUM DATE: November 1, 1976 TO: Members of City Council h i; / / J l /4 FROM: «Sandra M. Stuller RE: HPC Review Procedures Members of City Council: It is my understanding that you would like a summary of the historic designation procedures to see if they are adequate to protect the numerous old buildings within the City; or, at least offer the City an opportunity to pass on the merits of demolition in each case. I can outline for you the procedures, recite the criteria for designation, and advise you of a pending amendment (scheduled for public hearing before the P&Z on November 16th) which will permit an abbreviated designation process in certain circumstances. Outline of Designation Procedures The historic designation procedures are quite lengthy requiring, as you probably know: 1. Adoption of a resolution by the HPC finding the structure or area eligible for designation; 2. That the HPC present its findings to the P&Z; 3. Review of the proposed designation by the P&Z which then gives its preliminary approval; 4. Scheduling and conducting a joint HPC and P&Z public hearing (15 days notice); 5. Forwarding a recommendatiori from the HPC and P&Z to the City Council; and 6. Adoption by the City Council of an ordinance of designation with two readings and a public hearing before the second reading. ' t, Memo to City Council Members November 1, 1976 Page 2 These procedures were initiated when the Historic procedures were first adopted in 1972, and were not amended when the code was recodified in 1974. The procedures were initially conceived of as requiring full participation by P&Z because of the land use planning impacts of creating H districts and because the regulations were patterned after other municipal ordinances (e.g. Georgetown, Telluride) where the Historic District regulations are the sole land use regulation of the municipality and used in lieu of traditional zoning codes. The City is now receiving a series of applications for Historic Designation of individual structures or sites filed by landowners who wish to, quite often, enjoy the benefits of additional uses permitted as bonuses for historic designation. Most of these designations will have little or no land use implications beyond improvements on the site designated. Consequently, the P&Z is considering an amendment authorizing an abbreviated adoption procedure eliminating steps 2, 3 and 4 when the designation of an individual site is proposed and initiated with the consent of the owner. This procedure will expedite the designation of structures only when the application is consented to by the owner. Involuntary designations will require conformance with all six steps outlined above. The ordinance incorporating these changes is enclosed; it should be before the City Council for a first reading at the end of November. Note that Section 24-11.7 ("Temporary Suspension of Building Permits") comes into play subsequent to satisfying step 5; i.e., if the P&Z should, by resolution, approve a designation, no permits can issue by the building inspector "which would be pro- hibited by the proposed amendments for a period of one year following the date of such commission resolution". Criteria for Designation The code, in Sec. 24-9.3 establishes the following criteria to be applied by the HPC in evaluating the appropriateness of a structure for historic designation. It must determined whether: (a) Historical importance. The structure, combination of structures, site of area: (1) Has character, interest or value as part of the development, heritage, cultural characteristics of the City of Aspen, the State of Colorado or the nation; (2) Is the site of an historic event with an effect upon society; (3) Is identified with a person or group of persons who had some influence on society; 4. 4. -- I h. Memo to City Council Members November 1, 1976 - Page 3 (4) Exemplifies the cultural, political, economic, social or historical heritage of the community; (5) By its preservation, promotes the health, safety or welfare of the present and future inhabitants of the community. (b) Architectural importance. The structure or combina- tion of structures; (1) Portrays the environment of a group of people in an era of history characterized by a distinctive architectural style; (2) Embodies the distinguishing characteristics of a significant or unique architectural type specimen; (3) Is the work of an architect or master builder whose individual work has influenced the charac- ter of Aspen; (4) Contains elements of design; detail, materials or craftsmanship which represent a significant architec- tural style. (C) Geographic influence. The structure, combination of ,structures, site of area: (1) Because of being part of or related to a square, park or other distinctive area should be developed or preserved according to a plan based on an historic cultural or architectural motif; (2) Due to its unique location or singular physical characteristics, represents an established and familiar visual feature of the city. In its review, the P&Z addresses itself to the structure ' or site with respect to (a) Its relationship to the Aspen Area General Plan; (b) The effect of designation upon the surrounding neighborhood; (C) Such other planning considerations as may be relevant to the proposed designation. Conclusion The procedures for designation are lengthy requiring, before any "moritoriam" is in effect that (1) the HPC do a pre- Memo to City Council Members November 1, 1976 Page 4 liminary investigation on the history of the strucutre, (2) the HPC contact the landowner to see if he or she will consent to a designation, (3) the HPC forward its findings to the P&Z, (4) the P&Z give its preliminary approval, (5) a joint public hearing (preceeded by 15 days public notice) be conducted, and (6) that the P&Z recommend approval (subsequent to the hearing) by resolution. This is not a very expeditious procedure but the consequences of designation are harsh, and are based on rather subtle judgments, so that the code offers an affected landowners more procedural steps (and consequently, more opportunities to obj ect) than afforded most owners affected by a rezoning. In addition, the criteria for designation are such that few old structures are automatically eligible for designation . The "H" designation process is really designed to preserve only the elite of the old buildings within the City. SMS:mc Attachment CC: Mick Mahoney Bill Kane 4, John Stanford ,< ../ F RECORD OF PROCEEDINGS 100 Leaves 09.1 4 C, F. Hfi,C,fl 11.9. Al.CO. ORDINANCE NO. (Series of 1976) AN ORDINANCE AMENDING SECTION 24-9.4 OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENT PROVIDES - TIIAT WHEN THE ASPEN HISTORIC PRESERVATION COMMITTEE INITIATES THE DESIGNATION OF AN INDIVIDUAL STRUCTURE OR SITE AS HISTORIC, AND DOES SO WITH THE CONSENT OF .THE LANI)OWNER, THE COMMITTEE MAY FORWARD ITS FINDINGS DIRECTLY TO THE CITY COUNCIL FOR CONSIDERATION WITHOUT SUBMITTING THE PROPOSED DESIGNATION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW WHEREAS, the City Council, with the affirmative recommendation of the Planning and Zoning Commission, wishes to create an abbreviated designation process for "2" Historic Overlay Districts for individual structures and sites, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL j f OF THE CITY OF ASPEN, COLORADO: / Section 1 . . That Section 24-9.4 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: Sec. 24-9.4 Procedure for Designation of H, Historic Overlay Districts Whenever, in the opinion of the historic preservation committee, a structure, combination of structures, site or area meets the standards for designation of . an H, Historic Overlay District, as set forth in Section 24-9.3, the historic preservation committee shall contact the owner or owners of such structure, combination of structures, site or area, outlining reasons for and the effects of designation as an H, Historic Overlay District and, if possible, shall secure the owner's written consent to such designation. . 1 . 4 b ..7. 1 . .. RECORD OF PROCEEDINGS - 100 Leaves C. F, Hor<KIL *. D. A l. CO. - Following this contact, the committee may proceed by officially adopting a resolution (a) Stating tli*at a preliminary investigation and review indicates that the described structures, combination of structures, site or area is eligible and has beon selected for designation as an II, IIistoric Overlay District; and (b) Stating either that the historic preservation committee is in receipt of the owner's written consent to such designation or why the historic preservation committee feels that it should pro- ceed without such consent. Whenever there is proposed the designation as historic of a single structure, or site, and written consent for such designation has been received by the owner, the committee may present its findings directly to the City Council which may proceed with the public hearing described in Sec. 24-9.7 and proceed with the designation without review of the proposed designation by the Planning and Zoning Commission. In all other cases, the Committee shall present its findings to the planning and zoning commission at a regular meeting of said commission for preliminary approval and follow the designation procedures outlined in Sections 24-9.3, 24-9.6 and 24-9.7 herein. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid -2- . 1 , ¥ 1 , . RECO[{D OF PROCEEDINGS 100 Leaves twiM ~i C. F. •(11/K/, 1. 0. 6 l. Co. provision or application, and to this end the provisions of this ordinance are declared to bo severable. Section 3 That a public hearing on this ordinance be held on , 1976, at 5:00 P.M. in the City Council Chambers, City Hall, Aspen, Colorado, 15 days prior to which hearing public notice of the same be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND APPROVED by the Aspen City Council at its meeting held , 1976. Stacy Standley III Mayor ATTEST: Kathryn S. nauter City Clerk ..FINALLY adopted, passed and approved on the day of , 1976. Stacy Standley III Mayor ATTEST: Kathryn S. .:a :· uter City Clerk 1 f 4 ' 1 , 1 .. , 1 . 4 23 -/ f RECORD OF PROCEEDINGS 100 Leaves FORM W C. F. MOECKEL 8.0. a L. CO. RESOLUTION Historical Preservation Committee Recommending that specific residential sites be designated as Historic Overlay Districts. WHEREAS, the Historic Preservation Committee is responsible for the protection and preservation of stiructures, combinations of structures, sites and areas of historic significance and value within the City of Aspen, and WHEREAS, individual sites contribute to the historic character of the city by demonstrating the relationship of existing and former residential areas to the Commercial Core, and WHEREAS, the historic character is an important contribution to the image of the City as a resort and, as such, to the economic strength of the community, and WHEREAS, the prescribed method for protection and pres- ervation as outlined in Section 24-9.1 of the Municipal Code is to designate said structures, combinations of structures, sites and areas as H-Historic Overlay District, and WHEREAS, the procedure for H-Kistoric Overlay District : designation is a lengthy process because of the research necessary and approval hearing required, NOW, THEREFORE BE IT RESOLVED, that the Historic f Preservation Committee hereby recommends that areas as shown on the attached map be considered by designation as H-Historic Overlay 1 t Districts, and BE IT FURTHER RESOLVED, that the Historic Preservation Committee recommends that the Planning and Zoning set a date for the joint public hearing. LaryfbrOJe~~ Chgrman Historic Pr4servation Committee Dated this il %+ day of 6(TOZEN -1976 .. ' 4 , ·•[4« ' RECORD OF PROCEEDINGS 100 Leaves PORN . C. F. HOECKEL 1.1. 8 L. CO. 1,~£6~ 2 0119 , Secretary to the Aspen Historic Preservation Committee, do certify that the foregoing resolution was adopted by the Historic Preservation Committee at its meeting held G&uu) /7 ,1976. ' Secretary 4 ' August 5, 1974 John L. Frisbee, III, Regional Director National Trust for Historic Preservation 802 Montgomery Street San Francisco, California 94133 Dear John: On behalf of the Aspen Historical Preservation Committee, I would like to thank you for your presentation and also the copy of the San Francisco Urban Design Plan. I am returning the report under separate cover after we have it copied. Our district designation procedures have proceeded to the point of developing review criteria after which another public hearing will be held. I hope that you enjoyed your visit to Aspen and will be planning another one soon. <22+--7 Sincere»47 A /A / 0 John Stanford City/County Planner JS/bk August 5, 1974 Jim Hartman State Historical Society State Museum Building 4 Denver, Coloaado Dear Jim: On behalf of the Aspen Historical Preservation Committee, I would like to express my thanks for your presentation at our preliminary meetings for designation of our historic district. Our designation procedures have proceeded to the point of developing review criteria I hope that you enjoyed your visit to Aspen and will be planning another trip soon, Sincerely, ,-.-- / ~:p /i (40.0«17 // John P. Stanford (>' City/County Planner JPS/bk Guarding ~ America's Heritage Nat ional Trust for Historic Preservation - - ~u4%*pier WEST COAST OFFICE 802 MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94133 (415) 989-6428 July 23, 1974 John P. Stanford Planning Box V, City of Aspen Aspen, Colorado 81611 Dear John: I'm enclosing a copy of the San Francisco Urban Design Plan. It is not as it appeared when finally passed, but changes are minor. When you've had a chance to review it or xerox it, would you please send this copy back to us. We often need it. Let us know how the proposed historic district fared in its public hearings. < Sinc*y; 48hn L. Frisbee, III ~,'Regional Director JLF:ei encl. Headquarters Office: 740-748 Jackson Place, N.W., Washington, D. C. 20006 (202) 382-3304 Midwest Office: 1800 South Prairie Avenue, Chicago, Illinois 60616 (312) 842-0170 I ' CITY OF ASPEN aspen,colorado, aiati box v June 21, 1974 Arthur Epley El Paso County County Office Building Colorado Springs, Colorado Dear Mr. Epley: Your letter in regard to our historic preservation program has been referred to me from Norman Burns. I have been working with our Historic Preservation Committee, through the Aspen Planning Department, : to develop such a plan for preservation and restora- tion of historic structures and districts. Currently, our Committee is in the process of desig- nating our downtown core area as an historic district -- which implies a very rigid time schedule, We cannot provide any information on criteria at this time as we have not as yet confirmed these elements of the plan. In approximately two months, if all goes well, we will have established our historic district. Please check back with us at this time when we will undoubt- edly have more information which may be helpful in adopting your own plan. I am enclosing a copy of the ordinance establishing our Historic Preservation Committee and a map of our proposed historic district. Sincerely, John P. Stanford Assistant Planner JPS:rr Enclosures CITY OF ASPEN aspen,colorado, 816,1 box v June 19, 1974 Mr. William Dunaway Aspen Times Aspen, Colorado 81611 Dear Mr. Dunaway: The members of the Aspen Historic Preservation Committee wish to thank you for the very timely editorial, "Aspen has Assets Worth Preserving" in the June 13 edition of the Aspen Times. We appreciate your support of our effort to establish an Historic Overlay District in the core area of Aspen. We feel that this area must be preserved not only from a historic standpoint but as both a cultural and educational asset to the community. We hope the people whom this Historic Overlay District affects, as well as other interested citizens, will attend a meeting at the Aspen Historical Society Museum on June 24 at 8:00 p.m. Mr. John Frisbee from the National Trust will be one of the speakers. The proposed plan for the district will be discussed, followed by a question and answer period. Sincerely, Historic Preservation Committee RR:ap Bob Marsh made a motion to answer Hal Clark's request for a statement on the restoration or preservation of the Courthouse as follows: Restoration would be restoring the building exactly as it was originally, and preserva- tion would not have to be done exactly as it was done ori- ginally. But that the Committee would like to include the following grounds for disapproval of any colors or changes in the building: Arresting and spectacular effects, violent constrasts of materials or colors, or a multiplicity or incongruity of details resulting in a restless and dis- turbing appearance. Norman Burns seconded the motion. All in favor, motion carried. Minutes, 6-7-74 Historic Preservation Committee /It CITY OF ASPEN aspen,colorado, 81611 box v April 5, 1974 James E. Von Breuer P.O. Box 3557 Aspen, Colorado 81611 Dear Mr. Von Breuer: The Historic Preservation Committee has conducted a physical analysis of the historic buildings in the vicinity of your project. Primary elements of our analysis are listed below, and we hope you can take them into considera- tion as guidelines in your design. 1. The two story facade and fenestrations have a basically vertical orientation. 2. The roofs are flat. 3. The primary building material is brick. 4. Fenestrations are regularly spaced and are located at the same height. 5. The percentage of glass to brick in each historic building is approximately the same ratio. The intent of our building review within the proposed historic district is to promote contemporary architecture which is sympathetic with the rustic victorian character of Aspen's earlier days. James E. Von Breuer April 5, 1974 Page Two If you have any further questions, please contact Dave Finholm or me. Sincerely, John P. Stanford Planning Staff -- -- Historic Preservation Conunittee JPS:rr 87'- , 450 1 TO: Aspen Planning & Zoning Commission FROM: City/County Planning Office DATE: January 4, 1972 SUBJECT: Historic Preservation Elements of the Historic Preservation Program 1. Amendment to the zoning code adding the historic preserva- tion overlay district. 2. Formation of a historic preservation commission and develop- ment of support by other civic minded persons and groups to oversee and encourage a better understanding of historic preser- vation. 3. Identification of public and quasi public building landmarks for consideration for designation; to include such buildings as : the Wheeler Opera House the Stollard House one of the churches. (It is not the intent of the historic designation program to turn landmarks into museums or simply to save buildings; it is the intent to use those buildings for a variety of uses consistent with cultural interests.) 4. A total inventory of historic buildings, sites and areas to be considered for designation. The Need for Historic/Cultural Preservation 1. Historic/cultural heritage of the community represents a valuable resource which if managed carefully can assure Aspen' s future as a year round resort and its competitive position with regard to new, planned recreation resorts. a) Historic/cultural heritage plays an important role in making up a community people come to visit. . -2- b) Preservation encourages specialty type business activities important to the recreation economy and sets the style and tone for the community which deter- mines property values and encourages rehabilitation and revitalization while avoiding urban renewal tech- niques. c) Interest in the historical/cultural heritage of the community is demonstrated by visitors to the museum (2800 last year) and the sale and distribution of "wa 1king tours" 2. Historic/cultural heritage cannot survive with growth pressures that are being experienced, and accompanying change ensuing from this growth will result in loss of important elements which have given a distinctive character to the community. On the other hand, the preservation approach will complement the new development occurring in the County. 3. Historic/cultural preservation represents a positive force for providing incentive for property improvement by local residents and the opportunity to improve the quality of life and contribute to character and educational values. It will accommodate the overall development program of the community and help preserve order among the changes that are occurring. 4. Preservation will encourage a stable population and dis- courage out migration of those residents who have donated their efforts and taken pride in the Aspen community. 5. Historic/cultural heritage and resources that are lost cannot be replaced and, unless prevented, the continuing appeal of Aspen will be challenged. REDRAFT 11-1-13 11-1-13: AMENDMENTS (a) Petitions, Data Required, Fees: Amendments to this Chapter shall be in accordance with the laws of the State of Colorado and the following action shall be re- quired prior to any public hearings: 1. Petitions to amend this Chapter may be initiated by the City Council, the City Planning and Zoning Commission, the Historic Preservation Commission or by a real property owner in - the area to be included in the proposed amendment. 2. Any application to change the text of this Chapter or the "Zoning District Map" shall be made to the Planning and Zoning Commission at least seven calendar days prior to its appearance on the agenda and setting of the date for public r hearing. 3. Application to change the "Zoning District Map" shall include an accurate plot plan of the area included in the pro- posed change, the name and address of all owners of real prop- erty in the area proposed for change and any additional infor- mation the Planning and Zoning Commission requires. The appli- cation shall be signed by a real property owner in the area included in the application, unless initiated by the City Council, Cr the Historic Preservation Commission or the Planning and Zoning Commission. If additional real property is included other than that owned by the applicant, a petition in favor of the amend- ment, signed by real property owners representing 80 percent of the land area included in the application, shall accompany the application. 4. Study and recommendation following a public hearing on the proposed amendment by the Planning and Zoning Commission I -2- and, if applicable the Historic Preservation Commission. 5. For any proposed amendments to the "Zoning District ~ Map," a fee of $~D.00 shall be charged to cover the cost of , advertising and processing. For all other proposed amend- ments, a fee of $10.00 shall be charged to cover costs. (b) Planning and Zoning Commission 4 Public Hearing: Before submitt-ing a report and recommendation on any proposed amendment to this Chapter other than the desig- nation of H, Historic Overlay Districts, the Planning and Zoning Commission shall hold a public hearing on the proposed amend- ment with the following special conditions required: 1. For any change to the text of this Chapter of the "Zoning District Map", other than amendments designating H, Historic Overlay Districts, a notice of said hearing shall be published once in a newspaper of general circulation in the City at least 15 days prior to the hearing date. 2. For proposed amendments to the "Zoning District Map", other than amendments designating H, Historic Overlay Districts, a written notice of said hearing shall be sent by first class mail at least 15 days prior to the hearing date to property owners within the area in question and within 300 feet of the area in question (except that no such notice shall be required pursuant to initial zoning of a newly annexed area or pursuant to rezoning o any area which is sponsered and initiated by the City). (c) Planning and Zoning Commission/ Historic Preservation Commission Joint Public Hearing: Before submitting separate reports and recommendations on an amendment .-r ..., .I'.r.)...--„ff.'p..~~-4*."LI.,4.V.. . :t.,1.:j=.L=,2:i.-2..,2':.1 -':I·J:;*U -3fbNU'jit.r-f2-PLEZE-·r.119&:14?:,2'eili.,. ·.:r,1:d,··,3.,: p l-™ _M , I,1,1 , 1 -3- to designate H, Historic Overlay Districts the Planning and Zoning Commission and the Historic Preservation Commission shall hold a joint public hearing on said amendment with the following conditions required: 1. For any change to the "Zoning District Map" desig- nating an H, Historic Overlay District, a notice of the re- quired joint public hearing shall be published once in a news- paper of general circulation in the City at least 15 days prior to the hearing date. 2. For proposed amendments to the "Zoning District Map" designating H, Historic Overlay Districts a written notice of said joint hearing shall be sent by first class mail at least 15 days prior to the joint hearing date to the owner or owners of the property included within said. amendment. ¢ 3. A quorum of the Historic Preservation Commission shall be presen.t at the joint public hearing; If a quorum of the His- torie Preservation Commission is not present, the hearing shall be cancelled and the designation procedure terminated. (d) City Council Public Hearing: Before any change to the text 0 f this Chapter or the "Zoning Dis- trict Map" the City Council shall hold a public hearing after at least 15 days notice of the time and place of such hearing shall have been published in a newspaper of general circulation in the City. 'f) >0, 7 REDRAFT OF SUB SECTION E. OF HISTORIC ZONING ORDINANCE E. Procedure for Designation of H, Historic Overlay Districts 1. Initiation of Procedure Whenever in the opinion of the Historic Preservation Commission a structure, combination of structures, site or area meets the standards for designation of H, Historic Overlay Districts, as set forth in Sub- section D., Section , Chapter 1 of Title 11 hereof, the Historic Preservation Commission shall contact the owner or owners of such structure, combination of struc- tures, site or area, outlining the reasons for and effects of designation as an H, Historic Overlay Dis- trict, and, if possible, shall secure the owner's written consent to such designation. Following this contact the Historic Preservation Commission may pro- ceed by officially adopting a resolution: (a) stating that a preliminary investigation and review indicates that the described structure, combination of structures, site or area is eligible for designation as an H, His- torie Overlay District; (b) stating either that the Historic Preservation Commission is in receipt of the owner' s written consent to such designation or why the Historic Preservation Commission feels that is should proceed without such consent; (c) requesting that a joint public hearing with the Historic Preservation Com- mission and the Planning and Zoning Commission be sche- diiled on the question of designation at a specific time, date and place. -2- 2. Joint Hearing - Historic Preservation Commission and Planning and Zoning Commission Upon receipt of a request from the Historic Preser- vation Commission for a joint public hearing to desig- nate a structure, combination of structures, site or area as an H, Historic Overlay District the Planning and Zoning Commission'shall set the time, date and place for said joint public hearing and shall adver- tise said hearing as outlined in Section 13, Chapter 1 of Title 11 of the Zoning Code of the City of Aspen. During the joint public hearing the Planning and Zoning Commission shall consider the designation proposal with respect to: (a) its relationship to the Aspen Area General Plan; (b) the effect of designation upon the surrounding neighborhood; and (c) such other planning considerations as may be relevant to the proposed de- signation. The Planning and Zoning Commission shall recommend approval, modification or disapproval and the reasons therefor, and shall submit said recommen- dation to the City Council within 30 days after the joint public hearing date. Failure on the part of the Planning and Zcning Commission to submit a recommen- dation within the specified period shall indicate ap- proval of the proposed designation. 1 i During the joint public hearing the Historic Preserva- tion Commission shall consider the designation proposal , with respect to the standards and criteria outlined for said designation within Section , Chapter le ~ Title 11 of the Zoning Code of the City of Aspen i lic -3- Historic Preservation Commission shall recommend approval, modification or disapproval and the reasons therefor and shall submit said recommen- dations to the City Council within 30 days after the joint public hearing date. Failure on the part of the Historic Preservation Commission to submit a recommendation within the specified period shall indicate approval of the proposed designation. Dur- ing the joint public hearing the Historic Preservation Commission and the Planning and Zoning Commission shall adopt a resolution requesting that the City Council set the time, date and place for a public hearing on the proposed designation before the City Council. 3. City Council Designation Hearing The City Council shall set a public hearing within 15 days after receipt of the Historic Preservation Commission and the Planning and Zoning Commission. recommendation on the proposal to designate a struc- ture, combination of structures, site or area as an H, Historic Overlay District. The City Council public hearing shall be in accordance with the provisions as outlined in Section 13, Chapter 1 of Title 11 of the Zoning Code of the City of Aspen. H, Historic Over- lay Districts so designated by the City Council will be classified for zoning purposes by the existing zone district designation at the time of adoption of this Section plus the suffix H. -4- 4. Recordation of H, Historic Overlay District Designation Within 15 days of the effec tive date of an amendment designating structures, combinations of structures, sites or areas as H, Historic Overlay Districts, the Commission shall notify the City Building Inspector of the official designation and the City Clerk shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, either (a) a cer- tified copy of the ,amendment designating specified property within an H, Historic Overlay District as a structure, combination of structures, site or area for preservation; or (b) a notice stating that specified property has been placed within an H, Historic Overlay f District, and designated as a structure, combination of structures, site or area for preservation, and citing the amendment and the effective date thereof which made the designation effective. The notice also may contain a brief summary of the effects of such desig- nation, as set forth in this Section. In addition, the Zoning District Map of the City of Aspen shall be amended to indicate specified property within an H, Historic Overlay District as a structure, combination of structures, site or area for preservation by the addition of the suffix H to the property so designated by the appropriate amendment. Failure to record such amendment or notice within the required time shall suspend the effective date of the designation until the recording has been made.