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HomeMy WebLinkAboutordinance.council.030-07 ORDINANCE NO. 30 (SERIES OF 2007) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT; AND, DECLARING AN EMERGENCY WHEREAS, The City of Aspen is a Home Rule Municipal Corporation organized under and pursuant to Article XX of the Colorado Constitution and the City of Aspen Home Rule Charter; and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority; and WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergenty ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members; and WHEREAS, Community Development staff have initiated on-going fieldwork, research and evaluation of potential historic resources associated with Aspen's 20th century history and, of the sites analyzed, approximately 20% have been landmarked, 65% do not have landmark status, and 15% are being moved, have demolition permits, or are demolished; and WHEREAS, previous research by the Community Development Department has indicated that the average age at which buildings are demolished in Aspen is between 30 to 40 years old, making it appropriate to determine whether designation is appropriate when the 30 year threshold is crossed, before a historic resource is lost. In addition, the development and expansion of the ski industry and many of Aspen's cultural institutions have occurred in great part within the last 30 to 50 years; and WHEREAS, in light of the on-going demolition of buildings, structures or objects that may have historical significance for the City of Aspen, the negative impacts such loss may have on the health, peace, safety, and general well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability and attractiveness as a destination, urgent action is necessary and the provisions of Section 4.11 of the City of Aspen Municipal Charter are warranted; and; WHEREAS, this Ordinance amends the following Sections of the Land Use Code, Title 26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H" Historic Overlay District; and WHEREAS, the Community Development Director recommends approval of the proposed additions and amendments, as described herein; and, Emergency Ordinance Ordinance No. _, Series of2007 Page I WHEREAS, the City Council finds that the text amendments to the Land Use Code, as described in this Ordinance, are necessary for the promotion of public health, safety, and welfare and should be implemented immediately to preserve the health, peace, safety, and general well- being of the residents and visitors of Aspen, pursuant to the provisions of Section 4.1 1 of the City of Aspen Municipal Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Chapter 26.415.030, Designation of Historic Properties, which section describes the process and criteria through which the city designates properties of historical, architectural, archaeological, engineering and cultural importance, is hereby amended to read as follows: 26.415.030 Designation of historic properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City of Aspen, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. The Aspen Inventory of Historic Landmarks Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and objects located in Aspen that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. The location of properties listed on the Inventory shall be indicated on maps on file in the Community Development Department. B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure, or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of properties shall be evaluated according to the following criteria. When designating a historic district, the majority of the contributing resources in the district must meet the criteria described below: 1. A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age; or Emergency Ordinance Ordinance No. _, Series of2007 Page 2 2. A property or district is deemed significant as a representation of Aspen's 20th century history, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, possesses sufficient integrity of location, setting, design, materials, workmanship, and association; and is related to one or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history; or b. People whose specific contribution to local, state, regional or national history is deemed important and the specific contribution is identified and documented; or, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under subsection 2, above, if the application has been filed by the owner of the property at the time of designation or, when designating a historic district, the majority of the contributing resources in the district meet the thirty (30) year age criterion described above. 4. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the City of Aspen Community Development Department. If there are no building permit records available, the building shall be assumed to be, in whole or in part, at least thirty (30) years old. 5. The Historic Preservation Commission shall adopt, maintain, and make available to the public guidelines, score sheets, and other devices used by the Commission to apply the criteria set forth in this Chapter to properties potentially eligible for inclusion on the Inventory. C. Application. The property owner(s), the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a building, district, site, structure, or object on the Aspen Inventory of Historic Landmark Sites and Structures. The application for the designation of a property or collection of properties shall include the following: 1. The applicable information required in section 26.304.030(B)(l),(2),(3) and (4). 2. Site or historic district boundary map. Emergency Ordinance Ordinance No. _, Series of2007 Page 3 3. Property or district description including narrative text, photographs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character-defining features that distinguish the entity which should be preserved. D. Review, public hearings and notice. 1. The Community Development Department shall maintain a database indicating the construction date of all structures within the City of Aspen. The construction date of a property shall be established by the date of issuance of the earliest building permit for the subject structure found in the records of the City of Aspen Community Development Department. If there are no building permit records available, the structure shall be assumed to be, in whole or in part, at least thirty (30) years old. This database shall be available for public inspection during normal business hours and on the Community Development Department's website. 2. An application for designation on the Aspen Inventory of Historic Landmark Sites and Structures shall be transmitted to the Community Development Director to determine if the application is complete. For applications filed with sufficient information, a report will be prepared by City staff for transmittal to the HPC with the relevant information on the proposed historic property or district with a recommendation to approve or disapprove and the reasons for the recommendation. 3. A date for a public hearing on a complete application shall be scheduled before the HPC. Notice of the hearing shall be provided according to the provisions of section 26.304.060(E)(3)(a)(b)(c) except when the Community Development Director, HPC or City Council is the applicant. When the Community Development Director, HPC or City Council is the applicant, notice of the hearing shall be mailed to the property owner(s) within three hundred (300) feet of the property and posted on the subject property for at least thirty (30) days prior to the hearing. Notice to the property owner shall be by registered mail. In the event that there is no evidence that the property owner received actual notice, the HPC may specify that additional measures be taken. 4. The HPC shall evaluate the application to determine if property or district meets the criteria for designation. At the public hearing the property owner, parties of interest, and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The HPC may recommend approval, disapproval or continuance of the application to request additional information necessary to make a decision to approve or deny. Their recommendation shall be forwarded to City Council. Emergency Ordinance Ordinance No. _, Series of2007 Page 4 5. Upon receipt ofthe decision, report, and recommendations ofthe HPC, the City Council shall schedule a hearing on the application in accordance with the notice requirements for adopting an ordinance. Council shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or district's eligibility for designation. The Council may approve, disapprove, or continue the application to request additional information necessary to make a decision to approve or deny. 6. If an application is denied, the Community Development Director, HPC or City Council may not file a reapplication for designation of the same Historic Resource, property, or district on the Aspen Inventory of Historic Landmark, Sites and Structures for five (5) years from the date ofthe City Council disapproval. Section 3: Chapter 26.415.035, is hereby created to read as follows: 26.415.035. Identification of Potential Historic Resources No alterations (other than interior remodeling, paint color selection, exterior repainting or replastering similar to the existing finish or routine maintenance such as caulking, replacement of fasteners, repair of window glazing or other such minimally intrusive work), no land use applications and no building permit applications shall be undertaken or accepted by the Community Development Department until there has been a determination in accordance with this section that the subject property should not considered for inclusion on the Aspen Inventory of Historic Landmark Site and Structures. Alterations, land use applications, and building permit applications which exclusively impact the interior of a building shall be exempt from this Section. The purpose of this determination is to prevent the loss of buildings, sites, structures or objects, or collections of buildings, sites, structures or objects that may have historical, architectural, archaeological, engineering and cultural importance and to limit the detrimental effect of development or demolition on the character of the town. Preserving and protecting historic resources promotes the public welfare by making Aspen a more attractive and desirable place in which to live and work. A. Procedure: Before any alteration, land use application or building permit application affecting a building which is in whole or in part, thirty (30) years or more old may be accepted by the Community Development Department, the Community Development Director shall review the affected property and make a preliminary determination as to whether the property should be considered for inclusion on the Inventory. If a building is of unknown age, it shall be assumed that the building is over thirty (30) years old for the purpose of this Section. The determination by the Community Development Director shall be based on the criteria stated in Emergency Ordinance Ordinance No. , Series of2007 Page 5 .'" Section 26.415.030.B.2. and must be concluded within thirty (30) days after a complete written request is received from the property owner. The written request shall include the property address, the owner's name, address and telephone number, a site plan or survey, photographs of all buildings on the property and their dates of construction. A property owner may make a written request to initiate this process at any time, even if no development is proposed. 2. If the Community Development Director determines that there is no probable cause to believe that the property should be considered for inclusion on the Inventory, or the Community Development Director fails to make a determination within thirty days of the submission of a complete application for such a determination, the Community Development Director shall issue a written verification that the alteration, land use application or building permit application may proceed without further review under this Section. The Historic Preservation Commission and City Council shall be provided with a copy of the Community Development Director's determination, along with photograph(s) of the property and shall have 7 days to initiate designation according to the procedures of Section 26.415.030, Designation of historic properties. If neither HPC, nor City Council take such action, the Community Development Director's written verification shall be effective for a period of five (5) years after the date of issuance, and the Community Development Director, HPC or City Council may not file a reapplication for designation of the same property or district on the Aspen Inventory of Historic Landmark, Sites and Structures during that period. 3. If the Community Development Director determines there is probable cause to believe that the property should be considered for inclusion on the Inventory, then: a.) There shall continue to be a prohibition on any alteration, land use application or building permit application affecting the subject property for a period of one hundred and eighty (180) days beginning on the date that the Community Development Director makes such a written determination. The property owner may appeal the Community Development Director's determination to the City Council pursuant to Section 26.316, Appeals. The one hundred and eighty (180) day prohibition on the activities described above will be extended for a time period equal to that required to conclude the appeal process. b.) The Community Development Director shall initiate an application for designation pursuant to Section 26.415.030, Designation of historic properties. All contents of the application will be sent to the property owner by registered mail at least thirty (30) days before a public hearing takes place at the Historic Preservation Commission. If an appeal of the Community Development Director's determination is granted, the designation application will be withdrawn. Emergency Ordinance Ordinance No. _, Series of2007 Page 6 4. Any owner who takes action to alter or demolish a property, including purposeful removal, change or damage to any exterior materials, features, portions of a building, or structural members of a building before the Identification of Potential Historic Resources is complete as described in this Section shall be subject to the penalties established in Section 26.415.140, Penalties. The Community Development Department must demonstrate to City Council, using date stamped photographs, that the exterior of the building has been altered after the adoption date ofthis ordinance in order to apply penalties. Section 4: Section 26.415.080 of the Aspen Municipal Code, "Demolition of designated historic properties", is hereby amended by the deletion of subsection C. Section 5. Effect on Existinl! Applications. This Ordinance shall not affect any active Land Use Application, existing development order or building permit, as such term is used in the Land Use Code. Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal discussions with Community Development staff or review Boards shall not constitute a complete application or any other official status. Applications submitted after the effective date of this ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended. Section 6. Preparation of Database. The Community Development Department shall have prepared the database described at Section 26.415.030.D.I, as amended, for use by the public no later than November 1,2007. Section 6. Emerl!encv Declaration. It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its residents, and guests; which will be addressed by the identification and protection of historic resources. Section 7. Publication. The City Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following final passage. Section 8. Severabilitv. 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 Emergency Ordinance Ordinance No. _, Series of2007 Page 7 Section 9. Existinl! Litil!ation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. INTRODUCED AND READ as provided by law as an emergency ordinance by the City Council ofthe City of Aspen on the 9th day of July, 2007. / X /l;/!f)~/~/ Michael C. Ireland, Mayor r FINALLY adopted, passed and approved this 10th day of July, 2007, by o the unanimous vote of all City Council members present; or !jl1' a vote of four (4) council members. ~~ /J~ / '" /; ~ /. " 'j/' ; i.J) t/;//,'" Michael C. Ireland, Mayor ,r / ATTEST: Approved as to form: " "//~/(/7~ Gehn:Worcester, City Attorney Emergency Ordinance Ordinance No. _, Series of2007 Page 8