HomeMy WebLinkAboutordinance.council.028-10 Ordinance #28
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE: SECTION
26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, SECTION 26.420,
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES AND SECTION 26.535,
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
WHEREAS, the Community Development Department, at the direction of City Council,
prepared amendments to Chapters 26.415, 26.420, and 26.535 of the Aspen Municipal code,
pertaining to historic preservation; and,
WHEREAS, the proposed amendments address the preservation of postwar era properties in
Aspen, particularly regulations which have been in place since the adoption of an emergency
ordinance, Ordinance #48, since December 2007. The amendments are intended to replace and
supercede Ordinance #48, Series of 2007 in its entirety; and
WHEREAS, the proposed amendments have been brought forward after the conclusion of a
Historic Preservation Task Force of citizens who worked to propose process improvements for
19 months; 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 Community Development 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 Director recommended approval of amendments to the above listed Sections
as further described herein; and
WHEREAS, the proposed amendments were presented to the Aspen Historic Preservation
Commission (HPC) on October 13, 2010 for referral comments to be considered by the
Planning and Zoning Commission and Aspen City Council. The Historic Preservation
Commission recommended that City Council adopt amendments to the Municipal Code after
consideration of the following comments: 1) the AspenModern Map should include all eligible
properties within the City limits, 2) some incentives should be offered to AspenModem
properties even without designation, and 3) any negotiated benefits should be required to meet
high standards in terms of both preservation and green building; and
WHEREAS, the Planning and Zoning Commission held a public hearing to consider the
proposed amendments to the above noted Chapters and Sections on October 19, 2010, took
and considered public testimony and the recommendations of the Community Development
Director and Historic Preservation Commission and recommended, by a 4 to 1 vote, City
Council adopt amendments to the land use code after consideration of the following
comments: 1) Section 26.415.025, Identification of Historic Properties should be revised to
clarify the regulations that affect AspenModern properties which are proposed for landmark
designation vs. AspenModern properties which are listed on the AspenModern Map but not
proposed for landmark designation, 2) Council should consider establishing a separate review
board that will conduct the negotiation process. As proposed, there are a lot of steps and
participants involved. Council could take the role of ratifying the recommendation of this new
review board, 3) Council should consider whether there is a way to ensure equity in the
negotiated benefits that are awarded to comparable properties, 4) The Planning and Zoning
Commission heard public comment from the properties which comprise The Aspen Meadows
and understands that these owners may wish to amend their SPA to address historic
preservation rather than be included in AspenModern, 5) Council should consider the
proposed language of Section 26.415.025, Penalities for work done on AspenModern
properties without approvals. The penalties apply to any unapproved "alteration," which may
be too broad a term, and 6) Council should consider allowing the owners of properties that are
not addressed in context papers to volunteer for designation review. This would allow for
voluntary designation of buildings from any period, even new construction; and
WHEREAS, the Aspen City Council has reviewed and considered the recommended changes
to the Municipal Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendations of the Community Development
Director, Historic Preservation Commission and Planning and Zoning Commission, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Municipal Code
meet or exceed all applicable standards and that the approval of the 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; and
WHEREAS, by the passage of this Ordinance the City Council intend that no further
amendments to the process for identifying and preserving any properties related to Aspen's
20 Century development be undertaken by any City Council before January 1, 2021. It is this
Council's intent to provide a period of assurance and predictability that the community can
rely on.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development in an "H," Historic Overlay District, 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:
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Chapter 26.415
HISTORIC PRESERVATION
Sections:
26.415.010 Purpose and intent
26.415.020 Definitions
26.415.025 Identification of historic properties
26.415.030 Designation of historic properties
26.415.040 Recordation of designation
26.415.050 Rescinding designation
26.415.060 Effect of designation
26.415.070 Development involving designated historic properties
26.415.080 Demolition of designated properties
26.415.090 Relocation of designated historic properties
26.415.100 Demolition by neglect
26.415.110 Benefits
26.415.120 Appeals, Council notice and call up
26.415.130 Variances by other City review bodies
26.415.140 Penalties
26.415.010. Purpose and intent.
The purpose of this Chapter is to promote the public health, safety and welfare through the
protection, enhancement and preservation of those properties, areas and sites, which represent
the distinctive elements of Aspen's cultural, educational, social, economic, political and
architectural history. Under the authority provided by the Home Rule Charter of the City and
Section 29- 20- 104(c), C.R.S., to regulate land use and preserve areas of historical, architectural,
archaeological, engineering and cultural importance, this Chapter sets forth the procedures to:
A. Recognize, protect and promote the retention and continued utility of the historic
buildings and districts in the City;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism and
the economic welfare of the community; and
E. Encourage sustainable reuse of historic structures.
F. Encourage voluntary efforts to increase public information, interaction or access to
historic building interiors.
The City does not intend by the historic preservation program to preserve every old building, but
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instead to draw a reasonable balance between private property rights and the public interest in
preserving the City's cultural, historic, and architectural heritage. This should be accomplished
by ensuring that demolition of buildings and structures important to that heritage are carefully
weighed with other alternatives. Alterations to historically significant buildings and new
construction in historic areas shall respect the character of each such setting, not by imitating
surrounding structures, but by being compatible with them as defined in historic preservation
guidelines.
26.415.020. Definitions.
The following definitions are specific to the terms as used in this Chapter and in the field of
historic preservation:
Alteration. A change to an existing building, structure or feature that modifies its original
appearance or construction.
Certificate of appropriateness. An official form issued by the City stating that the proposed
work on a designated historic property is compatible with its historic and architectural character
and, therefore, the work may be completed as specified in the certificate and the City may issue
any permits needed to do the work specified in the certificate.
Certificate of demolition approval. An official form issued by the City authorizing the issuance
of a demolition permit for a designated historic property or for a building or structure located in a
designated historic district.
Certificate of economic hardship. An official form issued by the City, in connection with a
certificate of demolition approval, that allows the demolition of a designated historic property as
the owner has demonstrated that maintaining it will impose an economic hardship.
Certificate of no negative effect. An official form issued by the City stating that the proposed
work will have no detrimental effect on the character - defining features of a designated property
and, therefore, the work may proceed as specified in the certificate without obtaining further
approvals under this Chapter and the City may issue any permits needed to do the work in the
specified certificate.
Contributing resource. A building, site, structure or object that adds to the historic associations,
historic architectural qualities or archaeological values for which a property or district is
considered significant.
Designated property. A property listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
Historic District. A collection, concentration, linkage or continuity of buildings, structures, sites
or objects united historically or aesthetically by plan or physical development.
Historic context paper. Research papers that define Aspen's architectural and cultural patterns in
the context of local and national history. Historic context papers are used to guide staff, the
Historic Preservation Commission and City Council in determining the historic significance of
structures and properties in the City of Aspen.
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Integrity. The ability of a property to convey its significance relative to the aspects of location,
setting, design, materials, workmanship and association.
Monitoring committee. A subcommittee appointed by the Historic Preservation Commission of
up to two (2) Commission members and the Historic Preservation Officer to provide oversight in
the implementation of rehabilitation.
Noncontributing resource. A building, structure, site or object that does not add to the historic
architectural qualities or historic associations for which a property or district is significant
because it was not present during the period of significance or does not relate to the documented
significance; or due to alterations, additions, disturbances or other changes, it no longer
possesses historic integrity.
Object. A term used to distinguish buildings and structures from those constructions that are
primarily artistic in nature or small in scale and simply constructed. It may be by nature or
design movable, but it is associated with a specific setting and environment.
Rehabilitation. Making a building or structure sound and usable without attempting to restore it
to a particular period appearance, while retaining the character - defining features.
Relocation. Moving a building or structure from its original, historically significant or existing
location to another location.
Repair. To restore to a sound or good state after decay, dilapidation or partial destruction.
Restore. The repair or recreation of the original architectural elements or features of an historic
property so that it resembles an appearance it had at some previous point in time.
Significance. The documented importance of a property for its contribution to or representation
of broad patterns of national, regional or local history, architecture, engineering, archaeology and
culture.
Site. The location of a significant event, a prehistoric or historic occupation or activity or a
building or structure, whether standing, ruined or vanished, where the location itself possesses
historic, cultural or archaeological value regardless of the value of any existing structure.
Structure. A term used to distinguish from buildings those functional constructions made for
purposes other than creating human shelter. (Ord. 1 -2002, §7 [part])
26.415.025 Identification of historic properties
A. Surveys, Maps and Historic Context Papers. The Community Development Director shall
conduct or cause to be conducted such preliminary surveys, studies or investigations as deemed
necessary or advisable to adequately inform City Council and the Historic Preservation
Commission of those properties located within the City which represent Aspen's 19` and 20
century history. The Community Development Director shall memorialize the results of surveys,
studies and investigations in a series of historic inventory forms, maps and historic context
papers. Said inventory forms, maps, and context papers shall be maintained by the Community
Development Department and shall be made available for public inspection at all reasonable
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times. New inventory forms, maps and historic context papers shall not be adopted by City
Council except for every tenth year, starting in January 2011.
These resources shall be referenced by the Historic Preservation Commission and City Council
when reviewing applications for designation.
B. Aspen Victorian Properties. Properties associated with Aspen's 19 century history shall be
called Aspen Victorian. The City of Aspen has comprehensively identified examples of
Victorian era properties in Aspen since the 1970s. All such properties have been designated by
ordinance to the Aspen Inventory of Historic Landmark Sites and Structures. Such properties are
subject to the terms of this Chapter. Additional 19 century properties may be identified and
designated in the future if they are determined to meet the criteria of Section 26.415.030.B.1.
C. AspenModern Properties. Properties associated with Aspen's 20` century history shall be
called AspenModern. Properties identified on the AspenModem Map shall be eligible for certain
preservation benefits without being designated by City Council and may be awarded preservation
incentives above and beyond those identified at Section 26.415.110, as follows. Property owners
are encouraged to meet proactively with the historic preservation commission before undertaking
development plans to receive preliminary feedback on appropriate development and benefits.
1. Ninety Negotiation Period. In the case that the owner of a property on the
AspenModem Map submits a land use application which includes voluntary landmark
designation, a negotiation period of up to 90 days shall be initiated.
A letter from the property owner indicating an understanding of this ninety -day negotiation
period shall accompany the land use application. The ninety -day negotiation period may be
extended an additional thirty (30) days upon a resolution adopted by the Council, or longer if
mutually acceptable to both the Council and the property owner. Nothing herein shall
prevent the City from reviewing any land use application or building permit affecting the
subject property during the ninety -day negotiation period.
Within the ninety -day negotiation period, the following shall occur:
a. The Community Development Director shall offer to meet with the property owner to
discuss the City's Historic Preservation Program and benefits that the property may be
eligible to receive upon designation as a Historic Landmark.
b. The Community Development Director shall confer with the Historic Preservation
Commission, at a public meeting, regarding the proposed land use application or building
permit and the nature of the property. The property owner shall be provided notice of
this meeting.
The Historic Preservation Commission, using context papers and integrity scoring sheets
for the property under consideration, shall provide Council with an assessment of the
property's conformance with the designation criteria of Section 26.415.030.C.1. When
any benefits that are not included in Section 26.415.110 are requested by the property
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owner, HPC shall also evaluate how the designation, and any development that is
concurrently proposed, meets the policy objectives for the historic preservation program,
as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the
appropriateness of designation and benefits, HPC shall determine whether the subject
property is a "good, better, or best" example of Aspen's 20` century historic resources,
referencing the scoring sheets and matrix adopted by City Council.
c. The Community Development Director shall confer with the City Council regarding the
proposed land use application or building permit, the nature of the property, and the staff
and Historic Preservation Commission's assessment of its historic significance and the
effects of the application or building permit. The property owner shall be provided notice
of this meeting.
d. The City Council may negotiate directly with the property owner or may choose to direct
the Community Development Director, or other City staff as necessary, to negotiate with
the property owner to reach a mutually acceptable agreement for the designation of the
property. The City Council may choose to provide this direction in Executive Session,
pursuant to State Statute. As part of the mutually acceptable agreement, the City Council
may, at its sole discretion, approve any land use entitlement or fee waiver permitted by
the Municipal Code and may award any approval that is assigned to another Board or
Commission, including variations. Council shall consider the appropriateness of benefits
in light of whether the property is identified as a "good, better, or best" example of
Aspen's 20 century history and shall also seek to be equitable in the benefits awarded
through the negotiation process. The monetary value of benefits being requested shall be
defined, to the extent possible. Council shall seek compatibility with the neighborhood
surrounding the subject property.
When benefits are awarded as part of the negotiation, Council shall require that the
property be designated as a Historic Landmark, pursuant to the standards and limitations
of Section 26.415.030, Designation of Historic Properties. As part of the mutually
acceptable agreement, the City Council may choose to require the land use application or
building permit that initiated the negotiation to be withdrawn by the property owner if
said application or permit would have negatively affected the historic significance of the
property.
Once a property identified on the AspenModern Map is designated to the Aspen
Inventory of Historic Landmark Sites and Structures, additional negotiation under this
section is not allowed.
e. If, upon the passage of 90 days or any extension thereof, the City and the property owner
have failed to reach a mutually acceptable agreement, affected land use applications shall
be issued a Development Order upon compliance with all applicable provisions of the
City of Aspen Land Use Code. The City Council, or the property owner, may choose to
terminate negotiations at any time.
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2. Voluntary review/Processing Advantages. Owners of properties included on the
AspenModern Map who voluntarily comply with the provisions of this Chapter may proceed
with approved work without making application for designation. The Community
Development Director shall consider waiver or reduction of permit fees for the subject work.
If this is not achievable within the City budget, the Community Development Director shall
ensure that the land use application and building permit review proceed ahead of all other
applications except those associated with affordable housing and Essential Public Facilities.
3. Transferable Development Rights. Properties which are included on the AspenModern
Map shall be eligible to create and sell transferable development rights according to the
provisions of Chapter 26.535 of this Code, even if they are not designated on the Aspen
Inventory of Historic Landmark Sites and Structures.
4. Removal from AspenModern Map. Owners of properties included on the AspenModern
Map may apply to the Community Development Director to be removed from the
AspenModern Map. If the property owner indicates in writing that they have no interest in
designation or negotiation, the property shall be removed from the AspenModern Map and
the Community Development Director shall issue the owner a certificate documenting the
removal from the map. Except upon the written request and consent of the owner(s) of the
subject property at the time of the request, the subject property shall not be eligible for
historic designation in the City of Aspen for a period of ten (10) years from the date of
issuance of this certificate. The certificate shall run with the land and may be recorded in the
Office of the Pitkin County Clerk and Recorder.
5. Addition to AspenModern Map. Owners of properties not included on the AspenModern
Map may apply to the Community Development Director to be added to the map by
submitting a written request. The Community Development Director shall determine if the
property is eligible, based on the designation criteria.
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, 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 Site and Structures. The
Aspen Inventory of Historic Landmark 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. Aspen Victorian
1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites
and Structures as an example of Aspen Victorian, an individual building, site, structure or
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object or a collection of buildings, sites, structures or objects must have a demonstrated
quality of significance. The quality of significance of properties shall be evaluated according
to the criteria described below. When designating a historic district, the majority of the
contributing resources in the district shall meet the criteria described below:
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19 century, and
b. The property or district possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Property owners, the Community Development Director, the Historic
Preservation Commission (HPC) or the City Council may file an application for designation
of an Aspen Victorian 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:
a. The applicable information required in subsections 26.304.030.B.1., 2., 3. and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and/or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
C.AspenModern
1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites
and Structures as an example of AspenModern, an individual building, site, structure or
object or a collection of buildings, sites, structures or objects must have a demonstrated
quality of significance. The quality of significance of properties shall be evaluated according
to criteria described below. When designating a historic district, the majority of the
contributing resources in the district must meet at least two of the criteria a -d, and criterion e
described below:
a. The property is related to an event, pattern, or trend that has made a contribution to local,
state, regional or national history that is deemed important, and the specific event, pattern
or trend is identified and documented in an adopted context paper;
b. The property is related to people who have made a contribution to local, state, regional or
national history that is deemed important, and the specific people are identified and
documented in an adopted context paper;
c. The property represents 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 and the specific physical design, designer, or philosophy is documented in an
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adopted context paper;
d. The property possesses such singular significance to the City, as documented by the
opinions of persons educated or experienced in the fields of history, architecture,
landscape architecture, archaeology or a related field, that the property's potential
demolition or major alteration would substantially diminish the character and sense of
place in the city as perceived by members of the community, and
e. The property or district possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Only the property owner(s) may file an application for designation of an
AspenModern 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:
a. The applicable information required in subsections 26.304.030.B.1., 2., 3., and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and/or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
e. Written description of historic preservation benefits which the property owner requests be
awarded at the time of designation and relationship to Section 26.415.010, Purpose and
Intent of the historic preservation program.
D. Review, public hearings and notice.
1. 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.
2. A date for a public hearing on a complete application will be scheduled before the HPC.
Notice of the hearing shall be provided according to the provisions of Subsections
26.304.060.E.3.a., b. and 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.
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3. The HPC 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 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.
4. Upon receipt of the decision, report and recommendations of the HPC, the City Council
shall schedule a hearing on the application in accordance with the notice requirements for
adopting an ordinance. The City 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 City Council
may approve, disapprove or continue the application to request additional information
necessary to make a decision to approve or deny.
5. If an application is denied, 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 for five (5) years from the date of
the City Council disapproval. (Ord. No. 1 -2002, §7 [part]; Ord. No. 30, 2007, §1)
26.415.040. Recordation of designation.
Upon the effective date of an ordinance by City Council designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real
estate records of the Clerk and Recorder of the County, a certified copy of the ordinance
including a legal description of the property. The location of properties designated by ordinance
also shall be indicated on the official maps of the City that are maintained by the Community
Development Department. (Ord. No. 1 -2002, §7 [part])
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 Subsection 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 an 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. (Ord. No. 1 -2002, §7 [part]; Ord. No. 43, 2004, §1)
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26.415.060. Effect of designation.
A. Approvals required. Any development involving properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures, as an individual building or located in an
historic district, unless determined exempt, requires the approval of a development order and
either a certificate of no negative effect or a certificate of appropriateness before a building
permit or any other work authorization will be issued by the City.
B. Design guidelines.
1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen
Historic Preservation Design Guidelines, in accordance with the procedures for notice
and public hearings set forth in Section 26.304.06(E)(3) Paragraph (a). These guidelines
set forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. The standards apply to the exterior
features and /or notable streetscape and landscape elements of the designated historic
property and /or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
The guidelines will be periodically reviewed by the HPC and amended at a public
hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on
file with the Community Development Department, will be used in the review of requests
of certificates of no negative effect or certificates of appropriateness. Conformance with
the applicable guidelines and the common development review procedures set forth in
Chapter 26.304 will be necessary for the approval of any proposed work.
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 (UBC) 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]; Ord. No. 43, 2004, § 2)
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26.415.070. Development involving designated historic property.
No building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or
improved involving a designated historic property or district until plans or sufficient information
have been submitted to the Community Development Director and approved in accordance with
the procedures established for their review. An application for a building permit cannot be
submitted without a development order.
A. Exempt development.
1. Selected activities are exempted from the development review procedures including
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.
2. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of no negative effect.
1. An application for a certificate of no negative effect may be made to the Community
Development Director for approval of work that has no adverse effect on the physical
appearance or character- defining features of a designated property. An application for a
certificate of no effect may be approved by the Community Development Director with
no further review if it meets the requirements set forth in the following Subsection
26.415.070.B.2:
2. The Community Development Director shall issue a development order based upon a
certificate of no negative effect within fourteen (14) days after receipt of a complete
application if:
a. It is determined that the activity is an eligible work item and meets the City Historic
Preservation Design Guidelines and
b. Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner /applicant and
c. The proposed work will not diminish, eliminate or adversely affect the significant
historic and /or architectural character of the subject property or Historic District in
which it is located.
3. An application for a certificate of no negative effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to accurately
depict location, extent and design of proposed work.
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d. Verification that the proposal complies with Chapter 26.410, Residential design
standards.
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 nonprimary facades of a designated
building.
i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or
similar significant features.
5. The development order and associated certificate of no negative effect shall expire and
become null and void after three (3) years from the date of issuance by the Community
Development Director unless a building permit is issued within that time.
6. In the event that the Community Development Director determines that the issuance of a
certificate of no negative effect is not appropriate, the owner may apply for a certificate
of appropriateness from the HPC.
C. Certificate of appropriateness for a minor development.
1. The review and decision on the issuance of a certificate of appropriateness for minor
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a minor development. Minor development work
includes:
a. Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less or
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b. Alterations to a building facade, windows, doors, roof planes or material, exterior
wall materials, dormer porch, exterior staircase, balcony or ornamental trim when
three (3) or fewer elements are affected and the work does not qualify for a certificate
of no negative effect or
c. Erection or installation of a combination or multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments to
designated properties such that the cumulative impact does not allow for the issuance
of a certificate of no negative effect or
d. Alterations that are made to nonhistoric portions of a designated historic property that
do not qualify for a certificate of no negative effect or
e. The erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a certificate of no negative
effect.
The Community Development Director may determine that an application for work
on a designated historic property involving multiple categories of minor development
may result in the cumulative impact such that it is considered a major development.
In such cases, the applicant shall apply for a major development review in accordance
with Subsection 26.415.07.D.
2. An application for minor development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and/or drawings of the proposed work and its relationship to the
designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in the
development.
d. Photographs and other exhibits, as needed, to accurately depict location, extent and
design of proposed work.
e. Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being met.
3. The procedures for the review of minor development projects are as follows:
a. The Community Development Director will review the application materials and if
they are determined to be complete, schedule a public hearing before the HPC. The
subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b.
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b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use Code
sections. This report will be transmitted to the HPC with relevant information on the
proposed project and a recommendation to approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review the
application, the report and the evidence presented at the hearing to determine the
project's conformance with the City Historic Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve
or deny. If the application is approved, the HPC shall issue a certificate of
appropriateness and the Community Development Director shall issue a development
order.
d. The HPC decision shall be final unless appealed by the applicant or a landowner
within three hundred (300) feet of the subject property in accordance with the
procedures set forth in Chapter 26.316.
D. Certificate of appropriateness for major development.
1. The review and decision on the issuance of a certificate of appropriateness for major
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a major development. A major development
includes one or more of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building facade including its
windows, doors, roof planes or materials, exterior wall material, dormers, porches,
exterior staircase, balcony or ornamental trim; and /or
c. The expansion of a building increasing the floor area by more than two hundred and
fifty (250) square feet; and/or
d. Any new development that has not been determined to be minor development.
2. The procedures for the review of major development projects include a two -step process
requiring approval by the HPC of a conceptual development plan and then a final
development plan. If a major development project involves additional City Land Use
approvals, the Community Development Director may consolidate or modify the review
process accordingly, pursuant to Subsection 26.304.060.B.
3. Conceptual development plan review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
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(2) A site plan and survey showing property boundaries, the location and orientation
of existing and proposed improvements and predominant site characteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their form,
including their height, massing, scale, proportions and roof plan; and the primary
features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context surrounding
the designated historic property or historic district including at least one (1) of the
following: diagrams, maps, photographs, models or streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being
met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(I) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and a
public hearing before the HPC shall be scheduled. Notice of the hearing shall be
provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City
Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval of a
major development project or permission to proceed with the development. Such
authorization shall only constitute authorization to proceed with the preparation of
an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in regards
to the location and form of the envelope of the structure(s) and/or addition(s) as
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depicted in the conceptual plan application including its height, scale, massing
and proportions. No changes will be made to this aspect of the proposed
development by the HPC as part of their review of the final development plan
unless agreed to by the applicant. If the applicant chooses to makes substantial
amendments to the conceptual design after it has been approved, a new
conceptual development plan hearing shall be required.
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual development
plan. Failure to file such an application within this time period shall render null
and void the approval of the conceptual development plan. The Historic
Preservation Commission may, at its sole discretion and for good cause shown,
grant a one -time extension of the expiration date for a conceptual development
plan approval for up to six (6) months provided a written request for extension is
received no less than thirty (30) days prior to the expiration date.
4. Final development plan review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part of
the development at 1/4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
■
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
18
presented at the hearing to determine the project's conformance with the City
Historic Preservation Design Guidelines.
(3) The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a certificate
of appropriateness and the Community Development Director shall issue a
development order.
(4) A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.415.130 and no permit will be issued for construction
of the project until the thirty (30) day "call up" period by City Council has
expired.
(5) Before an application for a building permit can be submitted, a final set of plans
reflecting any or all required changes by the HPC or City Council must be on file
with the City. Any conditions of approval or outstanding issues which must be
addressed in the field or at a later time shall be noted on the plans.
E. Amendments, insubstantial and substantial. There are two processes for amending plans
approved pursuant to a development order and an associated certificate of appropriateness. All
requests for amendments, insubstantial or substantial, must be in writing and accompanied by
drawing(s) and elevations as specified below.
1. Insubstantial amendments.
a. Insubstantial amendments are minor modifications to HPC approved plans that:
(1) Address circumstances discovered in the course of construction that could not
have been reasonably anticipated during the approval process or
(2) Are necessary for conformance with building safety or accessibility codes and do
not materially change the approved plans or
(3) Approve specific building materials, finishes, design of ornamental trim and other
such detail not provided in the HPC approved plans or
(4) Change the shape, location or material of a building element or feature but
maintains the same quality and approximate appearance of that found in the
approved plans.
b. The Community Development Director may authorize insubstantial amendments to
approved plans.
c. Monitoring committees established by the HPC, composed of up to two (2) members
of the Commission and the Historic Preservation Officer or assign, may also
authorize insubstantial amendments.
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d. Decisions of the Community Development Director or monitoring committee are
binding. The Community Development Director or monitoring committee may
determine that the proposed changes qualify as a substantial amendment and remand
the matter to the HPC.
e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC
to be considered in accordance with the procedures for substantial amendments.
f. Approval of insubstantial amendments of plans will be reported to the HPC at their
regularly scheduled meetings.
2. Substantial amendments.
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing or appearance of the building elements as originally
depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the following materials, as
determined appropriate by the Community Development Director:
(1) A revised site plan.
(2) Revised scaled elevations and drawings.
(3) Representations of building materials and finishes.
(4) Photographs and other exhibits to illustrate the proposed changes.
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC shall
be scheduled.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b
and c.
e. Staff shall review the submittal material and prepare a report that analyzes the extent
of the changes relative to the approved plans and how the proposed revisions affect
the project's conformance with the design guidelines and other applicable Land Use
Codes. This report will be transmitted to the HPC with relevant information on the
proposed revisions and a recommendation to continue, approve, disapprove or
approve with conditions and the reasons for the recommendation.
f. The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
Preservation Design Guidelines. The HPC may approve, disapprove, approve with
conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny. (Ord. No. 1 -2002, § 7 [part]; Ord. 43, 2004, § 3)
20
26.415.080. Demolition of designated historic properties.
It is the intent of this Chapter to preserve the historic and architectural resources that have
demonstrated significance to the community. Consequently no demolition of properties
designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
A. Procedures for considering requests for demolition of designated properties.
1. An application for a demolition permit for designated properties will be filed with or
referred to the Community Development Director by the Chief Building Official. The
applicant will be provided a written response within fourteen (14) days of the request for
a demolition permit describing the submittal materials needed for consideration.
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030 and written
documentation that the Chief Building Official has determined the building an
imminent hazard or
b. Narrative text, graphic illustrations or other exhibits that provide evidence that the
building, structure or object is of no historic or architectural value or importance.
3. When complete application materials are on file, a public hearing before the HPC shall be
scheduled. Notice for the hearing will include publication, mailing and posting pursuant
to Section 26.304.060.E.3 Paragraphs a, b and c. The staff shall review the submittal
material and prepare a staff report that analyzes the request relative to the criteria for
approval.
4. The HPC shall review the application, the staff report and hear evidence presented by the
property owners, parties of interest and members of the general public to determine if the
standards for demolition approval have been met. Demolition shall be approved if it is
demonstrated that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner /applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in Aspen
or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic district in
which it is located and
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b. The loss of the building, structure or object would not adversely affect the integrity of
the historic district or its historic, architectural or aesthetic relationship to adjacent
designated properties and
c. Demolition of the structure will be inconsequential to the historic preservation needs
of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to consider the demolition request.
6. If the HPC approves the demolition request then a resolution of the HPC action will be
forwarded to the City Council in accordance with Section 26.415.120 and no demolition
permit will be issued until the thirty (30) day "call up" period by City Council has
expired.
7. If the demolition request is denied because it does not meet the aforementioned standards,
the applicant may request demolition approval based upon a finding of "economic
hardship," as set forth below.
8. Before a demolition permit will be issued, a certificate of appropriateness for the
redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, must be
approved. When a demolition permit must be issued because the building, structure or
object is an imminent hazard or because of the issuance of a certificate of economic
hardship, the permit may be received prior to the approval of an acceptable reuse plan.
B. Procedures for obtaining a certificate of economic hardship.
1. Purpose: It is the policy of the City to respect private property rights. The City
recognizes, therefore, that there may be some circumstances in which the operation of
this Chapter could create an undue economic hardship. This provision is created to
provide property owners with a means of demonstrating that such a hardship may exist
and that they should be allowed to demolish a designated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of review: The standard of review for a determination of economic hardship
will be whether refusing to allow the property owner to demolish the property would
result in a violation of the prohibitions of the U.S. and Colorado Constitutions against
taking of private property for public use without just compensation as those prohibitions
are interpreted by the courts of Colorado and the United States. In applying the
standards, the economic benefits of financial, developmental and technical assistance
from the City and the utilization of any federal and state rehabilitation tax credit
programs may be considered.
3. Application:
a. Upon receiving a request for a certificate of economic hardship, the Community
Development Director shall provide a written response within fourteen (14) days as to
the submittal materials required.
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b. Within five (5) days after receipt of an application for a certificate of economic
hardship, the Community Development Director shall determine whether the
application is complete. If he or she determines that the application is not complete,
the Director shall notify the applicant in writing of the deficiencies. The Director
shall take no further steps to process the application until the deficiencies have been
remedied.
c. The application fee shall be set to defray all costs of the review process, including the
fees of an independent hearing officer.
4. Administrative process:
a. When the application is complete, the Community Development Director will refer
the application to the Historic Preservation Officer and the City Attorney for review.
The Historic Preservation Officer and City Attorney shall jointly prepare a report
setting forth the City's response.
b. In the event the City response concludes that the application does not demonstrate a
case of economic hardship, the application will be set for a public hearing before a
hearing officer.
c. The hearing officer will be contracted by the City to conduct an impartial quasi -
judicial hearing on the question of economic hardship. The Officer shall have
sufficient legal and technical experience to conduct a fair hearing in accordance with
appropriate standards of due process. The application, all support materials and the
City's report shall be provided to the hearing officer in advance of the hearing. At the
hearing, the applicant will be provided with an opportunity to present his application
and may be represented by counsel. The City position will be presented by the City
Attorney.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Court
pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. 1 -2002, §7
[part]; Ord. No. 30, 2007, §4)
26.415.090. Relocation of designated properties.
The intent of this Chapter is to preserve designated historic properties in their original locations
as much of their significance is embodied in their setting and physical relationship to their
surroundings as well as their association with events and people with ties to particular site.
However, it is recognized that occasionally the relocation of a property may be appropriate as it
provides an alternative to demolition or because it only has a limited impact on the attributes that
make it significant.
A. Application. An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and/or graphic illustrations of the building, structure or object
proposed for relocation.
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3. A written explanation of the type of relocation requested (temporary, on -site or off -site)
and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness of the
building, structure or object, its ability to withstand the physical move and its
rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing preliminary information on the
property boundaries, existing improvements and site characteristics and the associated
planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property owner of
the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place the building
on the identified receiving site. If the site is outside of the city limits, verification that the
building will be preserved on its new site through a formal action of the other jurisdiction
or a preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation and repair
of the building, structure or object; site preparation and construction of necessary
infrastructure through the posting of bonds or other financial measures deemed
appropriate.
9. Supplementary materials to provide an understanding of the larger context for the
relocated property and its impact on adjacent properties, the neighborhood or streetscape.
B. Procedures for the review of relocation request.
1. The Community Development Director shall review the application materials submitted
for relocation approval. If they are determined to be complete, the applicant will be
notified in writing of this and a public hearing before the HPC shall be scheduled.
2. Notice for the review of the relocation request shall include publication, posting and
mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
3. If the relocation request is part of a major development project, the Community
Development Director may consolidate or modify the review process accordingly
pursuant to Section 26.304.060.B.
4. Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation Design Guidelines and other applicable Land Use Code sections. This
report will be transmitted to the HPC with relevant information on the proposed project
and a recommendation to continue, approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC will review the application, the report and
the evidence presented at the hearing to determine if the standards for relocation have
been met.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to make a decision to approve or deny.
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6. A resolution of the HPC action will be forwarded to the City Council in accordance with
Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up"
period of the City Council has expired.
C. Standards for the relocation of designated properties. Relocation for a building, structure
or object will be approved if it is determined that it meets any one of the following standards:
1. It is considered a noncontributing element of a historic district and its relocation will not
affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which it
is located and its relocation will not have an adverse impact on the Historic District or
property; or
3. The owner has obtained a certificate of economic hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given the
character and integrity of the building, structure or object and its move will not adversely
affect the integrity of the Historic District in which it was originally located or diminish
the historic, architectural or aesthetic relationships of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security.
D. Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented
and designated at one time. However, it is important to protect properties which potentially
qualify for designation against needless loss until review and hearings can be completed.
1. No relocation will be permitted for properties under consideration for designation to the
Aspen Inventory of Historic Landmark Site and Structures unless relocation approval is
issued by the Historic Preservation Commission or City Council.
2. All properties under consideration for designation and, therefore, subject to the temporary
stay of relocation will be identified on a list maintained by the Chief Building Official.
Property owners will be notified by registered mail that their property is under
consideration for designation and have an opportunity to review all materials compiled at
that time to verify accuracy.
25
3. These procedures shall apply to any building located within an area under preliminary
application for designation from the time the application is filed until the time action is
taken on the application by the City Council.
4. If a public hearing to consider the application for designation is not held by the City
Council within six (6) months of the initiation of the stay, the stay will expire. An
additional six -month stay period may be approved by City Council in the form of a
resolution, at a public hearing, with a showing of good cause. (Ord. No. 1 -2002, § 7
[pal)
26.415.100. Demolition by neglect.
It is the intent of this Chapter to address the range of circumstances that affect the preservation of
the community's significant historic and architectural resources. It is further recognized that
many historic buildings and structures are lost because of deterioration from lack of
maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is
the same: the loss of community assets. Consequently, it is declared that the exterior features of
any designated building or structure shall be preserved against decay and deterioration and kept
free from structural defects. The designated structures shall receive reasonable care,
maintenance and upkeep appropriate for their preservation, protection, perpetuation and use.
A. Standards for reasonable care and upkeep.
1. The owner or such other person who may have legal possession, custody and control
thereof of a designated property shall, upon written request by the City, repair the
following exterior features if they are found to be deteriorating or if their condition is
contributing to deterioration such that it is likely to compromise the building's structural
integrity or as to create or permit the creation of any hazardous or unsafe condition to
life, health or other property. These features include, but are not limited to:
a. Deterioration of exterior walls, foundations or other vertical supports that causes
leaning, sagging, splitting, listing or buckling.
b. Deterioration of flooring or floor supports or other horizontal members that causes
leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or
buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken
windows or doors.
f. Defective protection or lack of weather protection for exterior wall and roof
coverings, including lack of paint or weathering due to lack of paint or other
protective covering.
g. Rotting, holes and other forms of decay.
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h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices,
entablatures, wall facings ornamental trim and other architectural details that cause
delamination, instability, loss of shape and form or crumbling.
B. Enforcement procedures.
1. The HPC may file a petition listing specific defects, in accordance with Subsection
26.415.110.A, with the Chief Building Official, requesting that the official act under the
following procedures to require the correction of the defects or repairs to designated
properties.
2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct
personal contact with the owner or other such persons having legal possession or custody
and/or his representative. If personal contact cannot reasonably be accomplished, then
written notification of the specific defects purported by the HPC and a request to inspect
the property within ten (10) days will be mailed to the owner and other such persons
having legal possession, custody and control and will be posted at a conspicuous location
appropriate to the identified defects. In the written notification the Chief Building
Official shall document the nature of the specific defects and the corrective action
ordered.
3. After receiving agreement from the owner, his representatives or other such persons
having legal possession, custody and control of the property for an inspection, the Chief
Building Official and the HPC Officer shall within ten (10) working days conduct an
investigation and prepare a written report determining whether the property requires work
to address conditions set, forth in Subsection 26.415.100.A.1.
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control of the
property will be served within fourteen (14) days with a complaint identifying the
property deficiencies and providing notice that a hearing will be held before a Hearing
Officer of the City within forty -five (45) days. The purpose of the hearing is to:
a. Receive evidence concerning the charge of deterioration and
b. Develop a plan and schedule for making the needed repairs in a timely fashion, such
that the building is stabilized and the deterioration is arrested and
c. Ascertain whether the owner or other parties intend to make application for financial
assistance from the City to correct the building defects.
5. Following such notice and hearing, the Hearing Officer will make a determination if there
are any corrections required pursuant to Subsection 26.415.110.A.1 and shall state in
writing the findings of fact in support of that determination. If it is determined that the
building or structure is undergoing deterioration or if its condition is contributing to
deterioration, the owner or other parties of interest will be served an order to repair those
defective elements of the structure within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time frame, the City
may undertake the work to correct the deficiencies that create any hazardous and unsafe
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conditions to life, health and property. The expense of this work will be recorded as a
lien on the property.
C. Appeal Within thirty (30) days, the owner may appeal the decision of the Hearing Officer
to the Board of Appeals and Examiners pursuant to the process established in Chapter 8.08 of
this Municipal Code. (Ord. No. 1 -2002 § 7 [part])
26.415.110. Benefits.
The City 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.
Benefits to encourage good historic preservation practices by the owners of historic properties
are an important aspect of Aspen's historic preservation program. Historic resources are a
valuable community asset and their continued protection is the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that have
been legislated by the City since 1972. The Community Development Department and Historic
Preservation Commission (HPC) are dedicated to assisting property owners in renovating and
maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both
economically vital and cherished by many.
All properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be
eligible for the following benefits.
A. Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures may receive an exemption from the subdivision and growth management
quota system, pursuant to Sections 26.480 and 26.470, 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. Refer to specific zone district information in
Chapter 26.710 for further information. All parcels created through a Historic Landmark lot
split shall retain designation on the Aspen Inventory of Historic Sites and Structures.
B. Increased density. Two detached single - family dwelling units or a duplex may be allowed
on a smaller sized lot than is required for a non - designated property. Refer to specific zone
district information in Chapter 26.710 for further information.
C. Variances. Dimensional variations are allowed for projects involving designated properties
to create development that is more consistent with the character of the historic property or
district than what would be required by the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use Code for designated properties to allow:
a. Development in the side, rear and front setbacks;
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b. Development that does not meet the minimum distance requirements between
buildings;
c. Up to five percent (5 %) additional site coverage;
d. Less public amenity than required for the on -site relocation of commercial historic
properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character of the historic property or district;
and /or
b. Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
D. Parking. Parking reductions are permitted for designated historic properties on sites unable
to contain the number of on -site parking spaces required by the underlying zoning. Commercial
designated historic properties may receive waivers of payment -in -lieu fees for parking
reductions.
The parking reduction and waiver of payment -in -lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district. Refer to Chapter 26.515 for further information.
E. Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.710.
F. Floor area bonus.
1. In selected circumstances, the HPC may grant up to five hundred (500) additional square
feet of allowable floor area for projects involving designated historic properties. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
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2. Granting of additional allowable floor area is not a matter of right but is contingent upon
the sole discretion of the HPC and the Commission's assessments of the merits of the
proposed project and its ability to demonstrate exemplary historic preservation practices.
Projects that demonstrate multiple elements described above will have a greater
likelihood of being awarded additional floor area.
3. The decision to grant a floor area bonus for major development projects will occur as part
of the approval of a Conceptual Development Plan, pursuant to Subsection 26.415.070.D.
The floor area bonus may also be approved as part of a Historic Landmark Lot Split
Review. No development application that includes a request for a floor area bonus may
be submitted until after the applicant has met with the HPC in a work session to discuss
how the proposal might meet the bonus considerations.
4. Floor area bonuses are cumulative. A property shall receive no more than 500 square feet
total.
G. Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management quota
system and have reduced impact mitigation requirements. Refer to Chapter 26.470 for further
information.
H. Waiver of impact fees. Designated historic properties may be eligible for waiver of Impact
Fees. Refer to Chapter 26.610 for further information.
I. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount up to
twenty -five thousand dollars ($25,000.00) 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.
J. 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
Subsection 26.415.110 of the Land Use Code cannot be donated as a conservation easement.
K. 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.
L. Transferable Development Right (TDR). Pursuant to Chapter 26.535 of this 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 property within the City. Refer to Section 26.710, Zone Districts for further
information on landing sites for TDRs.
M. Tax credit applications. Community Development staff shall assist property owners in
participating in State and Federal Rehabilitation Tax Credit programs by helping with the
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preparation of application materials, undertaking the necessary reviews to assist in obtaining
certification. A twenty percent (20 %) state rehabilitation income tax credit may be available for
locally designated properties and may be combined with a twenty percent (20 %) Federal Income
Tax Credit which may be available for income producing properties listed on the National
Register of Historic Places.
N. Community- initiated development. The City shall consider opportunities to be involved in
public - privately funded rehabilitation efforts, building expansion, or inftll projects that
demonstrate good historic preservation practices.
0. 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.
P. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other sources of
funding.
Q. Cultural heritage tourism. Through grants or other sources of funding, the City may
facilitate collaborative partnerships among tourist industry sectors, historic property owners and
cultural heritage attractions to create a marketing strategy and marketing products to attract
visitors interested in the distinctive historic character of Aspen.
R. Preservation honor awards. The Aspen Historic Preservation Commission shall present
annual awards to recognize exemplary historic preservation efforts in the City.
S. Historic markers. Through grants or other sources of funding, the City may provide a
historic marker of a standard design for any owner of a designated historic property who desires
a marker to install on their building. The City may also develop a marker or signage program to
recognize designated historic districts.
26.415.120. Appeals, notice to City Council and call up.
A. Appeal. Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated certificate of appropriateness for major development,
demolition approval or relocation approval may be appealed to the City Council by the applicant
or a property owner within three hundred (300) feet of the subject property in accordance with
the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving, approving with
conditions or disapproving a development application for a certificate of appropriateness for
major development, demolition approval or relocation approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an opportunity
to avail itself of the call -up procedure set forth in Subsection 26.415.120.0 and D.
C. Call -up. The City Council may order call up of any action taken by the H PC as described in
Section 26.415.070 within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the thirty (30) day call -up period.
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D. City Council action on appeal or call -up. The City Council shall consider the application
on the record established before the HPC. The City Council shall affirm the decision of the HPC
unless there is a finding that there was a denial of due process or the HPC has exceeded its
jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation, including, but not limited to:
1. Reversing the decision.
2. Altering the conditions of approval.
3. Remanding the application to the HPC for rehearing. (Ord. No. 1 -2002, § 7 [part]; Ord.
No. 52 -2003, § 10)
26.415.130. Variances by other City review bodies.
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to
make a written recommendation as to its approval. The Board of Adjustment or the Planning
and Zoning Commission will not take action on said development application for a variance
pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. (Ord.
No. 1 -2002 § 7 [part])
26.415.140. Penalties.
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject
to the general penalty provisions of this Title.
A. Additional penalties. Additional penalties for the violation of Sections 26.415.070 through
26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or demolishes a
designated property in violation of any section may be required to restore the building,
structure or setting to its appearance prior to the violation.
2. Following notice and public hearing, the HPC shall prohibit the owner, successor or
assigns from obtaining a building permit for the subject property for a period of up to ten
(10) years from the date of the violation. The City shall initiate proceedings to place a
deed restriction on the property to ensure enforcement of this penalty. The property
owner shall be required to maintain the property during that period of time in
conformance with the Standards for reasonable care and upkeep set forth in Subsection
26.415.100A.
3. Any variances or historic preservation benefits previously granted to the property may be
subject to revocation. (Ord. No. 1 -2002, § 7 [part])
Section 2:
Chapter 26.420, Benefits is hereby deleted in its entirety. The content of the Chapter has been
imported into Chapter 26.415, Historic Preservation
Section 3:
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Chapter 26.535, Transferable Development Rights (TDR) is hereby amended to allow properties
on the AspenModem Map to be sending sites for TDRs, even if they are not designated to the
Aspen Inventory of Historic Landmark Sites and Structures. The Chapter is hereby amended to
read as follows:
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right
certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development
right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
26.535.010. Purpose.
The purpose of this Chapter is to encourage the preservation of historic landmarks, those
properties listed on the Aspen Inventory of Historic Landmark Sites and Structures and those
properties identified on the AspenModern Map, within the City by permitting those property
owners to sever and convey, as a separate development right, undeveloped floor area to be
developed on a different property within the City. The program enables standard market forces
and the demand for residential floor area, to accomplish a community goal of preserving Aspen's
heritage as reflected in its built environment.
(Ord. No. 54 -2003, § §4, 5; Ord. No. 16 -2008)
26.535.020. Terminology.
Establishment of a TDR. The process of creating an historic TDR certificate in exchange for a
property owner lessening the allowable development on an historic property (the sending site)
through a permanent deed restriction.
Extinguishment of a TDR. The process of increasing the allowable development on a property
(the receiver site), as permitted in the Zone District, through the redemption of an historic TDR
certificate.
Historic transferable development right certificate (historic TDR certificate). An
irrevocable assignable property right which allows a certain amount of development, which may
be conveyed separate from the property in which it has historically been associated (the sending
site) and which may be used to increase development rights on another property (the receiver
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site). TDR certificates shall require execution by the Mayor, pursuant to a validly adopted
ordinance.
Receiver site. A property on which developments rights are increased in exchange for the City
extinguishing an historic TDR certificate held by the developer of the property. Receiver sites
are also referred to as landing sites.
Sending site. The designated historic landmark property, or property identified on the
AspenModern Map, being preserved by reducing its allowable floor area in exchange for the
City establishing and issuing an historic TDR certificate. (Ord. 54 -2003, § §4, 5)
26.535.030. Applicability and prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, and those properties identified on the AspenModern Map, in which the development
of a single - family or duplex home is a permitted use, according to Chapter 26.710, Zone
Districts. Properties on which such development is a conditional use shall not be eligible.
Sending Sites may also be established through adoption of a Final PUD Development Plan,
pursuant to Chapter 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A
property may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document and by
recordation in the real estate records of the Pitkin County Clerk and Recorder. Upon transfer, the
new owner may request the City re -issue the certificate acknowledging the new owner. Re-
issuance shall not require re- adoption of an ordinance.
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The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe - keeping, distribution, recordation,
control, and extinguishments.
(Ord. No. 54 -2003, §§ 4, 5; Ord. No. 16 -2008)
26.535.040. Authority.
The City Council, in accordance with the procedures, standards and limitations of this Chapter
and of Chapter 26.304, Common development review procedures, shall approve or disapprove,
pursuant to adoption of an ordinance, a land use application for the establishment of historic
transferable development rights. The Mayor, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall validate and issue historic TDR certificates, pursuant to a validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall approve or disapprove a land use application for the extinguishment of historic transferable
development rights. (Ord. No. 54 -2003, §§ 4, 5)
26.535.050. Procedure for establishing a historic transferable development right
certificate.
The following steps are necessary for the issuance of a City historic transferable development
right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program.
Owner confirmation. An application for the issuance of a historic TDR certificate shall
only be accepted by the City upon submission of a notarized affidavit from the sending site
property owner signifying understanding of the following concepts:
A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
historic TDR certificates established from that sending site.
For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of floor
area, as permitted according to the property's zoning, as amended.
The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
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Application for issuance of historic TDR certificate. An applicant shall supply the
necessary application materials, identified in Section 26.535.090, Application materials,
along with applicable review fees.
City review and approval of application. The Community Development Department shall
review the application according to the review standards identified in Section 26.535.070,
Review criteria for establishment of a historic TDR and shall forward a recommendation to
the City Council. The City Council shall approve or disapprove the establishment of a
historic TDR certificate by adoption of an ordinance, according to the review standards
identified in Section 26.535.070, Review criteria for establishment of a historic TDR. The
manner of public notice shall be publication, pursuant to Paragraph 26.304.060.E.3.a.
Scheduling of closing date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective historic TDR certificates shall be
validated and issued by the City, and a deed restriction on the property shall be accepted by
the City and filed with the County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor shall execute and deliver the
applicable number of historic TDR certificates to the property owner, and the property owner
shall execute and deliver a deed restriction lessening the available development right of the
sending site together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's Office. (Ord. 54 -2003, §§ 4, 5)
26.535.060. Procedure for extinguishing a historic transferable development right
certificate.
The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program. Applicants are encouraged to
meet with the City Zoning Officer and review potential development plans to ensure the
additional development right can be properly incorporated on the receiver site.
Associated planning reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for building permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building permit.
Confirmation of historic TDR certificate. The applicant shall submit the requisite historic
TDR certificates, and the City shall confirm its or their, authenticity.
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City review of application. The Community Development Department shall review the
application according to the review standards identified in Section 26.535.070, Review
standards for extinguishment of a historic TDR.
Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance of a
building permit for a development on a receiver site requiring the extinguishment of a
historic TDR certificate, the applicant shall assign the requisite historic TDR certificates to
the City whereupon the certificates shall be marked "extinguished." The property shall
permanently maintain the additional development benefit of the extinguished TDR according
to the development allowance for a TDR pursuant to Section 26.710, Zone Districts. The
property owner may, at their discretion, record a confirmation letter from the Community
Development Director acknowledging the extinguishment of the TDR(s) for the receiver site.
(Ord. No. 54 -2003, §§ 4, 5)
26.535.070. Review criteria for establishment of a historic transferable development
right.
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met:
A. The sending site is a historic landmark or property identified on the AspenModern Map, on
which the development of a single - family or duplex residence is a permitted use, pursuant to
Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall
not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for either
a single - family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not increase the
specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning for a
single - family or duplex residence, and shall not include the potential of the sending site to gain
floor area bonuses, exemptions or similar potential development incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a single -
family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied
by the number of historic TDR certificates established.
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For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall be the
floor area of a single - family or duplex residence (whichever is permitted) minus two hundred
fifty (250) square feet of floor area multiplies by the number of historic TDR certificates
established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single - family or duplex residence, as may be
amended from time to time. The sending site shall remain eligible for certain floor area
incentives and /or exemptions as may be authorized by the City Land Use Code, as may be
amended from time to time. The form of the deed restriction shall be acceptable to the City
Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and deliver a
deed restriction lessening the available development right of the subject property together with
the appropriate fee for recording the deed restriction with the County Clerk and Recorder's
office.
H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built floor area.
I. The sale, assignment, conveyance or other transfer or change in ownership of transferable
development rights certificates shall be recorded in the real estate records of the Pitkin County
Clerk and Recorder and must be reported by the grantor to the City of Aspen Community
Development Department within five (5) days of such transfer. The report of such transfer shall
disclose the certificate number, the grantor, the grantee and the total value of the consideration
paid for the certificate. Failure to timely or accurately report such transfer shall not render the
transferable development right certificate void.
(Ord. 54 -2003, §§ 4, 5)
26.535.080. Review criteria for extinguishment of a historic transferable development
right.
Historic TDR certificates may be extinguished to accommodate additional development if the
Community Development Director finds the following standards have been met:
A. The receiving site is not restricted by a prescribed floor area limitation or the restricting
document permits the extinguishment of historic TDR certificates for additional development
rights.
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B. The receiving site and is eligible to receive an increase in development rights as specified
in Chapter 26.710, Zoning Districts, according to the Zone District and the land use or as
otherwise specified in a final PUD plan for the property.
C. All other necessary approvals for the proposed development on the receiver site, as
established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic historic TDR certificates for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the receiver
site, pursuant to Section 26.304.075, Building permit and the additional development can be
accommodated on the receiver site in conformance with all other relevant requirements.
F. Prior to and as a condition of, issuance of a building permit for a development requiring
the extinguishment of a historic TDR certificates, the applicant shall assign and deliver the
authentic certificates to the City whereupon the certificates shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment
of the TDR certificates and increasing the available development rights of the receiver site. The
applicant may wish to record this document with the County Clerk and Recorder. The
confirmation letter shall not stipulate an absolute total floor area, but shall stipulate a square
footage increase from the allowable floor area, according to the Zone District and land use of the
receiver site at the time of building permit submission. The receiver site shall remain subject to
amendments to the allowable floor area and eligible for certain floor area incentives and/or
exemptions as may be authorized by the City Land Use Code, as may be amended from time to
time. The form of the confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the receiver site by extinguishment of historic TDR
certificates shall be that allowed in Chapter 26.710, Zone Districts, according to the Zone
District and the land use or as otherwise specified in a final PUD plan for the receiver site and
shall not permit the creation of a nonconforming use or structure. (Ord. No. 54 -2003, § §4, 5;
Ord. No. 16 -2008)
26.535.090. Application materials.
A. The contents of a development application to establish an historic TDR certificate shall be as
follows:
1. The general application information required in Common development review
procedures, Chapter 26.304.
2. A notarized affidavit from the sending site property owner signifying acknowledgment of
the following:
a. A deed restriction will permanently encumber the sending site and restrict that
property's development rights to below that allowed by right by zoning according to
the number of historic TDR certificates established from that sending site.
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b. For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of
floor area, as permitted according to the property's zoning, as amended.
c. The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
3. A site improvement survey of the sending site depicting:
a. Existing natural and man -made site features.
b. All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the sending site and a floor
area analysis of all structures thereon.
5. A proposed deed restriction for the sending site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish an historic TDR certificate shall be
as follows:
1. The necessary application materials for a complete building permit submission, pursuant
to Section 26.304.075, Building permit.
2. Written response to each of the review criteria. (Ord. No. 54 -2003, § §4, 5)
26.535.100. Appeals
An applicant aggrieved by a determination made by the Community Development Director,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Chapter 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section,
may appeal the decision to a court of competent jurisdiction. (Ord. No. 54 -2003, §5)
Section 4: Historic Context Papers
City Council hereby adopts the following research papers, which shall be dated December 2010,
for use in the application of designation criteria.
• Aspen's Twentieth - Century Architecture: Modernism 1945 -1975
• Aspen's 20` Century Architecture: Chalet Style Buildings
• Aspen's 20 Century Architecture: Rustic Style Buildings
• Pan Abode Buildings in Aspen: A Historic Context
40
Section 5: AspenModern Map
By the effective date of this ordinance, the Community Development Department shall prepare
the AspenModern map, depicting the properties identified on Ordinance #48, Series of 2007
(except those that have been removed through the negotiation process.) Upon the effective date
of this ordinance, property owners will have the opportunity at any time to ask to be removed
from the map, or to be placed back on it. Owners of properties that represent the architectural
styles addressed in the adopted historic context papers, but which were not included on
Ordinance #48 because of location, property type, or other reason, may also request to be added
or removed from the AspenModern map at any time.
Section 6: City Owned Properties
As a demonstration of commitment to preserving worthy examples of Aspen's 20
architectural history, the City Manager shall initiate designation review of the following City
owned properties in 2011: 215 North Garmisch (The Yellow Brick), 110 E. Hallam (The Red
Brick, 630 W. Main (Mountain Rescue) and 1101 E. Cooper (the Hildur Anderson property).
The applications shall include the input and recommendation of tenants, stakeholders or City
Departments responsible for the affected properties.
Section 7: Existing Litigation
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.
Section 8: Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 9: Recordation
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 10: Effective Date
The effective date of this ordinance shall be February 9, 2011. However, no applications for
voluntary landmark designation shall be accepted until March 1, 2011 so that scoring sheets can be
finalized for use in the designation process.
Section 11: Public Hearing
A public hearing on the ordinance shall be held on the 22nd day of November, 2010, 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.
41
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by th - City
Council of the City of Aspen on the 8 day of November 2010.
di Mad
Michael C. reland, M. or
ATTEST:
tl L CL c�cCr /,,tiZ
Ka Koch, City Clerk / 1
FINALLY, adopted, passed and approved this 10' day of January, 2011.
7 At
AIX' .,
is ael . I eland, M. or
ATT ST: S� ��� /// 6,167 /�
C /1CL 4 CL� � 1A
Kathryn ' och, City Clerk
APPROVE 1 , S TO FORM:
�-
JoIWi ester, ity Attorney
42
Fri, Dec 17, 2010 12:59:23
5780668 0 !'7
Ad Ticket #5 j I— 1-
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: ( 970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client:
Caller: Amy Guthrie Cit Aspen
_ Receipt State: CO Zip: 81611
Ad Name: 5780668D Original Id: 0
Editions: 8ATI /8ATW/ Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color: Issue 1
Copyline: pg 1 of 6 AspenModern Ord R AT Legals
Lines: 0
Depth: 13
Columns: 5
Discount: 0.00
Commission: 0.00
Net: 0.00
Tax: 0.00
Total 394.55
Payment 394.55
Ad shown is not actual print size
J ___
t
Ordinance 42E
(SERIES OF 2010)
G Enure the preservation of Aspen's character asan hisbne mining town early ski
reran and cultural center: C. Aa peoMderm Properties. Properties associated with Aspen's 20^ century history snal'.
be called Asper 4odem. Properties added to dye AspenModem Map shall be subject to a dela)
D. Retain the historic, architectural and cultural resource attractions that support on la issuance of land use approvals and building permits which could destroy their historic
AN ORDINANCE OF THE CITY CODNGILDFTHE CITY OPASPEN ,COLORADO tourism and the economic welfare of the community; and significance Properties added to the AspenModem Map shall be eligible for certain preservatior
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE: SECTION benefits without being designated by City Council and may be awarded preservation incentives
E6. 415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC e Encourage prod economical and attractive reuse of himone swdwes. above and beyond Nose identified al Section 26415.110, as follows. Property owners arc
LANDMARK SITES AND STRUCTURES OR (Ord. No 1 2002 §] [part]) encouraged to meet proactively with the historic preservation commission before mWartakinf
DEVELOPMENT IN AN "H," MSTORIC OVERLAY DISTRICT, SECTION 26.420, development plans to receive preliminary feedback on appropriate development and benefits.
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES AND SECTION 26 .535. The City does not intend by the historic preservation program to preserve every old building, but I. Ninety-Day Negotiation Period. In the case that the owner of property added to the
TRANSFERABLE DEVELOPMENT RIGHTS (TDR) instead to draw a reasonable balance between private properly rights and the public interest in AspenModem Map submits a land use application or building permit M
Chet the me
preserving the City's cultural, historic, and architectural heritage. This shoed be accomplished nition o f war
Dam i Development Director
WHEREAS, the Community ers 2t Department. 3 tof direction of City Council, by vg that demoli of buildings andstructures important to that heritage are a Development, rova Demolition p o as ed in o Chapter, ninety-day issuance of the hunt
prepared amendments to Chapters a6 415, 26..420, , annd d 26.535 A
35 of the Aspen Municipal code, weighed ghud with other alternatives. Alterations to ha f ea such buildings and new new use approval or building ng permit Relocation ot shall ll be lln a as determines to meet the definition of be placed on a temporary hull a.
pertaining arng m historic 26415, preserpreservation; co and, construction in historic areas shall respect the character o[ each such sanity} not by imitating
surrounding structures, but by being compatible with them as defined in historic preservation Work undertaken in conformance with the International Building Cade provisions Lot
WHEREAS, the proposed amendments address the preservation of postwar era properties in guidelines.
emergency repairs ngil be exempt from this Section provided that the proposed rcie
AspnnceOdarlyre448,iom in which since place adoption ofan emerpency match the surrounding exterior ma on to the building permits A Alec
ordinance, , Ordinance since rre 048, sin December 2007, and 26.415.020. Definitions. exempt from this Sectionare alterations, m m
landeapplicatio, adbwlningpermita limila
to interior remodeling, paint color selection, exterior repainting or replaslering similar tr
WHEREAS, the proposed amendments have been brought forward aear the conclusion of a Ilse following defietiom are specific to the terms as used in this Chapter and in the field of the existing finish or routine maintenance such as caulking, replacement of fasteners, of
resmric Preservation Task Force of citizens who worked to propose process improvements historic preservation' repair of window glazing and other such exterior alterations which are determined by Ilya
for 19 months; and Community Development Director to be minimally intrusive or reversible work that dam
Alteration. A change to an existing building, structure or feature that modifies its original not diminish the historic character of the property.
WHEREAS, pursuant to Section 26. 310, applications to amend the text of Title 26 of the appearance or ConnsnYCllpn.
Municipal Code shall be reviewed and recommended for approval. approval with conditions, A property owner may also enter into the ninety-day negotiation period by submitting a
or denial by the Community Development Director and then by the Planning and Zoning voluntary application for designation to the Aspen Inventory of Historic Landmark Site
Commission at a public hearing Finial action shall be by City Council after reviewing and Certificate fappropriateness. An official form Issued by the City stating that the proposed work
considering these recommendations; and, on a designated historic property is compatible with its historic and architectural character and, and Structures.
therefore, the work may be completed as specified in the certificate and the City may issue any ON bete land use applications or building
WHEREAS, the Director recommendd fire approval of amendments to e above listed permits needed to do the work specified in the certificate
Only po gpormits, as determined by the Community
as herdexdbed co m and Development Director, shall be accepted Nothing herein shall prevent the City far
reviewing the land use application or building permit dining the ninety-day vegotiatior
i
Cer /icare of demolition approval. An official form issued by the City authorizing the issuance iol
i WHEREAS, the proposed amendments were presented to the Aspen Historic Preservation of a demolition permit for a designated historic property or for a building or structure located in perl
Commission (HPC) on October 13, 2010 for referral comments to he considered by the a designated historic A loner from the historic di oI t -s a da
Planning and Zoning Commission and Aspen City Cowell. The historic Pmservatiov hmpery o idieatin Ban wderstadi7 g rim ry o
Commission recommended that City Council adopt amendments th the Municipal Code negotiation period shall accompany the lend use application or building permit. The
ater consideration of the following comments: I) the AspenModem Map should include Certificate of economic hardship. An official form issued by the City, in connection with a ninety-day negotiation pod may he an extended additional thirty (30) days upon e
all eligible p pen' within th C p- I 't 2) some Incentives should he offered m certificate of demolition approval that allows the demolition I designated historic property as resolution adopted by the Council or longer if mutually acceptable to both the Coved
AspenModo properties without designation, and 3) any negotiated benefits should he the owner has demonstrated that maintaining it will impose an economic hams - cone
p. and the property
required to meet high standards in terms of both preservation and green building; and r
Certificate of no negative effect. An official form issued by the City stating that the proposed Within the ninety-day negotiation period, the following shall acct:
WHEREAS, the Planning and Zoning Commission held a public hearing to consider the work will have no detrimental effect on the character-defining features ofa designated properly
proposed amendments to the above noted Chapters and Sections on October 19, 2010, took and, therefore, the work may proceed as specified in the certificate without obtaining further a. The Community Development Director shall oiler to meet with the property
and considered public testimony d the mmendations of the Community Development approvals under this Chapter and the City may issue any permits needed to do the work in the owner to discuss the City's Historic Preservation Program teal benefits that the
Director and Fit - Presery i C and re recommended, by a 4 to I vole specified cenificata property may be eligible to e upon designation as a Historic Landmark.
City Council adopt amendments to the land s uuse 7 code after consideration of the following
comments: U Section 26415025, Identification of Historic Properties should he revised to Contributing A building, structure or o , historic b. The C unary Development Director shall cotter with the H'st Y f or
ar ilium that affect m g ro ource g bled that adds to the h' [ ions, ion g g g proposed land se applicatior
clarify there bu p rli propen which are proposed for landmark historic architectural qualities or archaeological values for which a properly or district is
C. m at a public moan , re aNm the
Jesigmose vs. A andmar dem Properties es w m which are listed on the AspenModem Map but considemd significant- or building permit and the nature of the property- The property owner shall be
not proposed for landmark designation 2) Council should consider establishing a separate provided entice of this mating
board that will conduct the negotiation process. As proposed, there area lot of steps
Designated A m listed on the As pen Inventory review d artici a revolved. Council could take the role of ratifying 8 property' p mpe ry of Historic Landmark Sites and The Historic Preservation Commission,
p pan fying the recommendation of using context papers and integrity an
this mw review board, 3) Council should consider whether there is a way to ensure equity Structures. caring sneers for the property muter an n anion, tall provide Council with ar
in the negotiated benefits that are awarded to comparable a pro properties, O) The Plannn8 and
Zm cement of the property's conformance with the designation criteria of Sedlor
ung Commission heard public comment from the properties which comprise The Aspen Historic DuMe4 A concentration linkage or continuity of buildings, structures, sites 26415.030CA. When any benefits that are not included in Section 26.415.110 are
and Meadows a understands that these owners may wish to amend Nee SPA to address or objects wited historically or aesthetically by plan or physical development requested by the progeny owner, HPC shall also evaluate how the designation se
historic oe aden rather than be included in AspeMldem, 5) Council should consider any development that is gun as stated y proposed, meets the policy objectives for thhe
the proposed d l language of Section 26415.025, ties for work done on AspenModem Historic contest paper. Research papers that define Aspen's architectural and cultural patterns histane preservation program as sa al ted Section 26415 010, Purpose and Intent
properties without approvals. The penalties apply ply to to any unapproved "alterationlion," " which in the context of local and national history. Historic context papers are used to guide staff, the As an additional measure of the appropriateness of designation and benefits, HPC
may be too broad a term, and 6) Council should consider allowing the owners of properties Historic Preservation Commission and City Council in determining the historic significance of shall determine whether the subject property is a "god, better, or best" example
that are not addressed in context papers to volunteer for designation review. This would structures and properties in the City of Aspen. ofASpen's 20 century historic resources.
allow for voluntary designation of buildings from any period, even new construction; and
Integrity. The ability of property to convey its significance relative to the aspects of location c- The Community Development Director shall confer with the City Comet
WHEREAS,Ne AspenCityCouncil has reviewed and eonsi Ole M e recommended changes setting, design, materials, workmanship and association. regarding the proposed lad me application or building permit the nature e of the
m the Municipal Code under the applicable provisions of the Municipal Code identified property, and the staff and Historic Preservation Commissions assessment of in
herein, has reviewed and cmuidered the recommendations of the Community Development Monitoring committee. A subcommittee a historic significance and the effects of the application or building permit. The
Director, Historic Preservation Commission and Pl and Zoning Commission, and has g)Com a Historic by a t i oncfrcsena p onCemmissi ht of property owner shall be provided notice of this meeting.
aaring g the totwe(e)Otimlmion mlitters writhe Historic Preservetrom Officer to provideovenightth
taken and considered public comment a a public hearing; and, the Implementation of rehabilitation. d- The City Council may negotiate directly with the property owner or may choose
WHEREAS, the City Cowell finds that the proposed text amendments to the Municipal to direct the Community Development Director, or other City staff as necessary, tc
Code meet or excel all a lieable standards and that the approval Noncontributing resource. A building, structure, site or object that does not add to the historic negotiate agreement pp pproval of the proposal is architectural qualities or historic associations for which a peoPeny or district s significant ict iignifi negotiate withthepry owner to reachamuaual acceptable tlm the
consistent with the goals and elements of the Aspen Area Community Plan; and
designation Session, property. The City Council may rhasemprovide this diredior
d
because it was not present during the period of significance or does not relate to the documented in Executive Session, pursuant to State Statute. As part of the mutually acceptable
WHEREAS, the City Council finds that this Ordinance furthers and is rrtecs for the significance; or due to alterations, additions, disturbances or other changes, it no longer possesses agreement, the City discretion, may, al its sole discron, a
promotion of public health, safety, and welfare; and sort historic inte entidemenl m fee waiver permitted by the Municipal Code and award an
approval that is resigned to another Board or Commission including variations
WHEREAS, by the passage of this Ordinance the City Council intend that no Object A term used to distinguish buildings and srcetwes from those constructions that are Council shall consider the appropriateness of benefits in light of whether the
amendm to the process for identitying and d preserving any properties related to Aspen's pnmancy artistic in nature or small in sale and simply constructed. It may be by nature or design property is identified as a" god, better or best" example of Aspen's 20^ century
20^ Century development be undertaken by any City Council before January 1, 201L It is movable, but it is associated with a specific setting and environment. history and shall also seek to be equitable in the benefits awarded through the
this Council's intent to provide a peed of assurance and predictability that the community negotiation process. Council shall seek compatibility with the neighbmhooe
can rely an. Rehabilitation. Making building or structure sound and usable without attempting to restore it suroweing the subject property.
to a particular period appearance, while retaining the character-defining features.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY When benefits are awarded as an of the negotiation, Council shall require the '
OF ASPEN, COLORADO as folows: Relocation. Moving a building or structure from its original, historically significant or existing the property be designated as a Historic Landmark, pursuant to the standards ant
location to another location. limitationsion 26415.030, Designation of Historic esAS pan oftht
Section P mutually acceptable agreement, the City Council may choose oose to require the lane
Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Repair. To restore to a sound or gaud state after decay, dilapidation or partial desWdion use application or building permit that initiated the negotiation to be withdrawn by
Structures or Development in an "H," Historic Overlay District, which section describes the P the property ownerifsaid ap would have negatively affected the
process and criteria through which the city designates properties of historical, architectural, historic significance of the property.
archaeological, englnecring and cultural importanre, is hereby amended to read as follows: Restore The repair or recreation of the original architectpal elements or features of an historic
property so that it resembles an appearance it had at some previous point in lime. Once a property idwnfid on the AspenModem Map is designated to the Asper
Chapter 26.415 Inventory of Historic Landmark Structures, Sites and Structures, additional negotiation undo
HISTORIC PRESERVATION Significance. The documented importance of a property for its contribution to or representation this section is not allowed.
of broad patterns of national, regional or local history, architecture. engineenng, archaeology
Sections'. and culture. e. If, upon the passage of 90 days or any extension thereof, the City and the property
ovvner have failed to reach a mutually acceptable agreement, affected land me
20415.010 Purpose and intent Site The treatise of significant hem, a prehistoric or -stone occupation or activity or a applications shall he issued a Development Order moon compliance with all
26.415.020 Definitions building or structure whether standing, mined or vanished, where the location itself possesses applicable 11 previsions
be ci ie of the City be Aspen Land Use Code. Affected bwldhig
26.415.025 Identification of historic properties historic, cultural or archaeological value regardless of the value of any existing snuctwe. permits stall be mvicwd and snailbeissole upon compliance with all applicable
building codes- The City Council, at its sole discretion, may choose to terminate
26 415 030 Designation of historic properties negotiations at any time and allow the land use application or building permit te
26 415.040 Recordation of designation Structure A term used to diaingwsh from buildings those functional constructions made for be processed.
26.415.050 Rescinding designation Purposes other than creating human shelter. (Ord. 1-2002, §7 Bart])
26.415.060 Effect of designation 2. Voluntary review/Processing Advantages. Owners of properties included on the
26 415.0]0 Development revolving designated -stone properties AspenModem Map who voluntarily comply with the provisions of this Chapter may
26415.080 Demolition of designated propenics proceed with approved work without making application for designation. The Community
26415090 Relocation of designated historic properties
26.415.025 Identification o historic properties Development Director shall consider waiver or reduction of permit fees for the subject
26.415.100 Demolition by neglect work. If this is not achievable within the City budget, the Community Development
26.415.110 Be fit
26.415.120 Appeals, C. l notice and call up A Surveys, Maps and Historic Context Papers The Community Development Director Dirccto h II Nat the land use applica[ on end building tae t protect
26.415230 Van by other City review bodies shall conduct or cause to be conducted such preliminary surveys studies ahead ( II th ppl' forte except those associated with aRordabl M1 'rig we
26 415.140 Penalties deemed necessary or advisable to adequately -form City d Council a the Historic Preservation Fssenfal Public Facilities.
Commission of Nose properties located within the City which represent Aspens 19 and 20^
century history. The Community Development Director shall memorialize the results of surveys, 3. Transferable Development Rights. Properties which are included on the AspenMder
studies and investigations in a series of historic inventory forms, maps and historic context Map shall be eligible to create and sell transferable development rights according to the
26,415,010. Purpose and -lent. Said inventory forms, ma f Chapter 26.535 of this Code, even if the
ry maps, and context papers shall be maintained by the Commumry provisions o p y are not designated on the Asper
papers
Development Depament and shall he made available for public inspection at all reasonable Inventory of Historic Landmark Sites and Structures.
The purpose of this Chapter is to promote the public health, safety and welfare through the times. New inventory forms, maps and historic context papers shall not be adopted by City
protection, erlancement and preservation of those properties, areas and sites, which represent he Council except for every tenth year, starting in January 2011. 4. Removal from AspeoModern Map. If, in the opinion of the Community Development
distinctive elements of Aspens colon!, educational social, - political and architectural Director after execution of a building permit issued pursuant to this Section, the property
history. Under the thority provided by the Home Rule Charter of the City and Section 29-20- These resources shall be referenced by the Historic Preservation Commission and City Council included on the AspeMldem Map has teen demolished or so altered that t would ne
1040, C.R.S., to regulate land use and preserve areas of h'.t al, architectural, archaeological when resicwing applications for designaliou. longa mat the criteria for designation to the Aspen Inventory of Historic Sites ant
engineering d cultural importance, this Chapter sets forth the procedures to. Stmdures, the Commwlry Development Director shall remove the property from the
B. Aspen Victorian Properties. Properties associated with Aspen's 19" century history shall be AspenModem Map and it shall vu longer be subject to the terns of this Chapter.
A Recogniz, protect and promote the retention and comirued utility of the historic called Aspen Victorian. The City of Aspen has eomprchosivdy identified examples ofVudonan
buildings and districts in the City : era properties in Aspen since the 1970, All such propcnios have been designated by ordinance Owners of properties imluded on the AspenModern Map may appeal to the Himont
to the Aspen Inventory of t historic Landmark Sites and Struermes. Such properties are subject to Preservation Commission to he removed from the AspenModem Map. If the 1listone
B. I n m. to ay. and appreciation on of A. s umouc hentaem the terns of leis Chapter. Additional l 10e century pi may be identified and des t ared in Presentation Commission, u public hearing. determines that the designation tiler'
m... •m ,.u. e.m r.. n .t.r eA �... ,10 1,.mw.wem 26.41r.030 m.met- nan ' shall be removed I corn ir,
. .
AspenModem Map. A finding that the criteria are met shall not cause the property to D. Review, public hearings and notice. A. Exempt development
be designated, however it shall remain on the AspenModem Map. The determination
of the Historic Preservation Commission may be appealed to Ciq Council according to 1. An application for designation on the Aspen Inventory of Historic Landmark I. Selected activities are exempted from the development review procedures Including
Section 26.316. If an application for removal from the AspeN on the Map is denied, an Sites and Straetures shill be transmitted to the Community Development interim remodeling paint color selection, exterior repainting or replasterin€
application cannot be filed again for a period of Iwo (2) years from the date of the denial Director to determine if the application is complete. For applications filed with similar to the existing finish or routine maintenance such as caulking , replacement
by the 'HPC or City Council. The time limitation of this Subsection may he waived by sufficient information, a report will be prepared by City staff for transmittal of fasteners, repair of window glazing or other such minimally intrusive work.
City C uncil when such actith is deemed necessary to prevent injustice or it is determined to the HPC with the relevant information on the proposed historic properly or
to be in the best interests of the Ciry. If the primary siroctme(s) on any property identified district with a recommends - on to approve or disapprove and the reasons for the 2. If there is any question If a work activity qualifies as exempt, the Community
on the AspenModem Map have been destroyed by an act of God or reothenvse declared recommcndadon Development Director . sM1dlmake the determinamnasto its eligibility.
unsafe and ordered demolished by the Chief Building Official. Oe property shall be
removed from the AspenModem Map. 2. A the for a public hearing late application will he scheduled before B. Certificate of no negative effect.
pu g omp pp I. An application for certificate of no negative effect may be made to the
the INC. Notice of the he g shall be provided according to the provisions Community Development U Director approval e xnrk flat has no adverse pr effete
a pros
Penalties Any owner who takes unapproved or uarerm ed action to alter or demolish of Subsections e 26 E 3
104 060. , b. and c. pt when the Community h e
a property included m ap he AspenMode M including purposeful removal change or Development Director HPC Cry Council th applicant o^ the physical a ppearance or character-defining features f When the P of designated gnat property
damage to any . t maten Is f tu . port f u building, structural members Community Development D rect HPC r City C l the ca
Ppl nt nonce An application f n fi r f effect may be approved by the Community
of a budding shall h subject to the penali. established - n Section 26415.140, Penalties of the hearing shall be mailed to the property owners) within three hundred (300) Developmtht 0 t lh no thither review if it meets the requirements set fond
Before any penalties are assessed pursuant to this Chapter, the Community Developmen feet of the pheTy and posted on the sub 0 to the following Subsection 26.415.070.H2.
subject owner for at least thirty G ) days
Department must demohatr be Gtrdaferip stamped is ordnance, that the theme the hearing.
n
de the property rovryowlerbyeived actual name. registered nil In
extenorof the building has been n altered ea
d after the adoption date ofthis ordinance nan. the event that t there is no evievidence th that t the property c received the Community ofno n pmem Director shall issue a development order basec
the HPC may 1 that additional measures be taken er upon acertificate [no negative effect within fohneen (14)4) days ether receipt ofa
Pro included on the AS dem Ma shall care. maintenance Y complete application if
peeves me pea Mo Map Die It is determined that the activity is an eligible work item and meets the City
end upkeep as described in Section 26415.100, Demolition by Neglect a 3 e HPC shall evaluate the application district
pP cation to determine if the property or Illst °ric Preservation Design Guidelines and
,415030. Designation of historic properties.
meets the criteria and designatio a poppc hearing, the pr n property owner.
patties o
s he interest and cream shall a ha M1opportunity opportunity t
opportunity to pm 'm
provide may b_ My modifications i to are proposed work by the Community
pro respe
about the pr district's ,r v eor C o ti for of the The C m Development t DDirectorDirector m to t
are agreed to by the owner/applicant and
ieatgnvtion mhih is malste5awnas neAspen lmovidyHismtic recommend approval, disapproval m oraknta continuances designation. application ul to r Th
request
dmark a s what which nags n maintained by ihclheCitye intended systematic r information necessary make s decision to approve or Juicy - Their c. e proposed work will ar diminish, eliminate adversely uecty affet s to determine s ildino and features oi the historic built environment in H
recommendation on stall be e forwarded to City Council. significant which architectural 1 character of the subject property re •
e of hue es ly of
Rance to the community Designation provides meths eans of deciding p f ubi nnd communicating, , in Historic D t istractinwkcM1 it is s located.
Nance of specific issues ues or y conflicts, rs, w in
hvl properties are In the public interest to protect- 4 Upon receipt of the decision, report and recommendations of the 11PC, the
Cry Council shall schedule a hearing on the application in accordance with the 3. An application fora certificate of no negative effect shall include the following
Establishment of the Aspen Inventory of Historic Landmark Site and Structures. notice requirements for adopting an ordinance. The City Council shall evaluate a The general application information required in Section 26.304-030 -
e Aspen Inventory ed I listori< Landmark S d Structures has been established by City the application 10 determine if the properly or district meets the criteria for
oared to formally recognize thom dTrccts buildings . strictures, sites and objects located in designation At the public hearing, the property owner. parties of interest and b. Elevations or drawings of the proposed work.
spen dal have special significance to the United Stares, Colorado or Aspen ltisrory, architecture, citizens shall have an opportunity to provide information about the property or
hagiology, engineering or culture The location of properties listed on the inventory shall be disrnofs eligibility for designation. The City Council may approve. disapprove c Photographs, building material samples and other exhibits, as needed, tr
dicated on maps on file in the Community Development Depamnmt or continue the application to request additional information necessary to make a accurately depict location, extent and design of proposed work
decision to approve or deny.
. Aspen Victorian d Verification that the proposal complies with Chapter 26.410, Residenria
5- If an application is denied the Commmity Development Director, HPC or City design standards.
Criteria. To be eligible for designation on the Aspen Inventory of Hst Landmark Council may not file a reapplication for designa of the Madre moth.
Sites and Structures as an exampl f Aspen Victorian, ad d l building, ite, property or district on the Aspen Inventory of Historic Landmark Sites and 4. The following work shall be considered for a Certificate of No Negative oe Effect.
5ructure or object or a collection of buildings, sites structures or objects must ha,e a Structures for five (5) years from the date of the C ry Council disapproval (Ord. a. a. R pia or repair of architectural feat which e a charge te
demonstrated quality of significance. The quality of significance of properties shall be No. 1 -2002. §7 [part]; Ord No. 30.2007, §I I the exterior physical appearance of the budding or structure.
evaluated according to the criteria described below. When designating a historic district, b. Replacement or repair architectural features that restores the building of
the majorry of the contributing resources In the district shall meet the criteria described 26.415.040. Recordation of designation. stnnaure to its historic appearance.
Mows Upon the effective date of an ordinance by City Council designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures, the Ciry Clerk shall record with the real c Installation of awnings or similar attachments provided m sigNficm
a. The property or dinner is deemed significmt for its antiquity, in that it contains estate records of the Clerk and Recorder of the County, a certified copyo f the ordinance including Mature is damaged, removed or obscured by the atstallauoa
structures which can be documented as built during the 19" century. and a legal description of the property. The location of properties designated by ordinance also shall
be indicated on the official maps of the City that are maintained by the Community Development d Penang that has no adverse effect on the historic or architectural charaere0
b. The property or district possesses an appropriate degree of integrity of location, Department (Ord No. 1-2002. §7 [part]) of the property
setting, design, materials. workmanship and association. given its age. The City
Council shall adopt and make available to the public score sheets and other devices 26.415.050. Rescinding designation. e. Mechanical equipment or accessory features that have no impact on the
which shall be used by the Council and Historic Preservation Commission to apply character -defining features of the building or structure.
this criterion. A. Application and review. An application for the removal of a properly from the
Aspen Inventory of Historic Landmark Sites and Structures shall tallow the same suomtsno^ f Signs which hare no effect on the character- defining features ofrhe historic
requirements and review procedures as for designation described in this Chapter except that
Appheation Property ownersdhe C mmaury Development Director, the Historic Preservation ProMTy
Commission (HPL) the City Council may hie an application for designation of an with respect to Subsection 26 415.030.C.4 an explanation shall he provided de - bang why the
property no longer meets the criteria for designation. The I1PC and City C 1 hall damn ^e
As Alterations buildings width ant districts that have
Vices' building, district, sire structure or abed on the Aspen Inonro f g gs w
Pen 6 1 pen ry ° tf suffiaem evidence t ib f Ih p pent' no longer meets th t f designation an&
g
Historic Landmark Sites and Structures. The application for the designation of a property so, shall remove the property from the invemory. Apamel created through anmsrodc Landmark no adverse effect on its historic or atchiternual character.
or collection of properties shall include the following: 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. h. Alterations to no more than two (2) elements of nonpnmary fepades of a
a The applicable information required in subsections 26.304.030.3.1_ 1, 3- and 4. designated building.
B. Reapplication. Ifa request for rescinding designation is denied, an application cannot be Installation of site improvements, such as walkways, patios, pools or hm
b. Site or historic district boundary map. filed again for a period of two (2} years from the date of the denial by the City Council- The time
tubs, or similar significant features.
limitation of this Subsection may be waived by a majority vote of the Ci, Council when such
action is deemed necessary o prevent injustice or to facilitate the rdevele development of the City.
c. Property or district description,
document including al cht narrative text,
noli05 photographs and/or other action P ev ml proper pm 5. The development order and assnciaed (3) certificate °fm negative effect shall expire
graphic materials that tlmmnent its physical characteristics ford. Na 1 -2002, §7 [part]; Ord. No. 43, 2004, §I ) and become null and void after three (3) years from the date of issuance by the
16.415.060. Effect of designation. Community Development Director unless a building permit is issued within rhos
d. Written description of how the property meets the criteria for designation. time.
A. Approval required Any development involving properties designated on the Aspen 6. In the event that the Community Development Director determines that the
LbpmModern Inventory of Hixmne Landmark Sites and Structures, as an individual building or located in an issuance of a certificate of no negative effect is not appropriate, the owner may
historic district unless determined exempt, requires the approval of a development order and apply fora certificate of appropriateness from due I IPC
Criteria, To be eligible for designation on the Aspen Inventory of Historic landmark either a centfiafe of no negative effect or a certificate of appropriateness before a building permit
Sites and Structures example fA pe M dew, an individual building or site, structure o any other work authorization will be issued by the City.
or bj ct or collection � _l
fbuildi g.. structures or objects hare must le a demonstrated C Certificate of appropriateness for a minor development. aa of
1 I of significance. l he 1' [ ficance of Hies shall be evaluated 1. The rev d d the a certificate of appropriateness
q ' S quality When - Prose P. Design guidefinea. for minor developme sM1 ll be issuance
a determination by the Community
s contributing a - d cr s i het We must war designating historic t h e the majority
fib in ih district vat meet I least two of the c r i t e r i a ad and I. The HPC has adopted design guidelines. M1ereina0er retested to as the City of Uevelo Director that the proposed project constitutes a minor development
criterion e described below: Aspen Historic Preservation Design Guidelines in accordance with the procedures Minor development s
work include
fo Expansion or erection of a stricture wherein the increase of the floor we e
a. a The laced to an even[ trend dal has made a contribution to and public hearings set forth in Section 26304O61E(3 )Paragraph (a). Theft of simdure isrwo M1undred and finy (250) square Leer or less or
local state. y i ed t t
1 that is deeded n adrtmt and the pa guidelines set forth are standards zap op preserve d maintain the mac b. Alterations to a building facade windows, d I planes or materiel
e *ant pattern or trend is identified tified and documented in adopted context paper: and ar0 thhn exterior realizes
character o of designated properties and districts . Thesmndardx exterior wall materials, dormer porch tenor staircase, balcony o
apply to e exterior and/dh notable ptrecrseape and landscape elements are
ornamental trim when three (3) or fewer elements are affected and the
of the designated historic properly and/or district. These guidelines are intended
b. The pmprty is related to people have made a contribution to local, sale, work does not qualify fora certificate of no negative effect or
dun
regional or national history that is deemed important, and the specific people are to offer assistance to property owners undertaking construction, rehabilitation,
elteraf changes to exterior appearance or y other development mining
identified and documented in an adopted context paper, desigmt d historic Pmped districts. lT guidelines will he periodically c E l installation ofa combination multiples f ning canopies.
n is physical design that embodies the distinctive reviewed by the IIPC and amended at a p ublic hearin as needed an ahui nt to equipment, fencing, , signs, accessory teatimes and oroes
c the
property represents ten a o y gn n ot lmenrs ro desigmtc properties cKes ae of no the cumulative effect impact does
tech nical o ri aeth titype. periodor method izd designer, ft rcp or design The "City not allow fettle issuance ofacertificate of no negative effect or or
reclm -I aesthetic achievements of the specific d d ign craftsman, or design ty n Aspen Historic Preservation Design Guidelines." amended Development w
which are on file with the Community Desel p t D paetment, will he used
philosophy that is deemed i an adopted and the xt physical design des gnat or d properly that do are made m nnNanedc to portions ofa designated kutonc
philosophy is documented in an Wopmd context paper, oche view s. C certificates of no negative effect
Conformance an or tSr common
of
property that do nm qualify for a eenifieate of no negative effect or
appropriateness. Conformance with the applicable guidelines and the common
d. the property possesses such singular significancetothe City as documented bythe development env prmeJUres id forth in Chapter 26.304 will be necessary for e, The erection of street larniture, signs, public an and other ible
opinions of persons educated or experienced in die fields of history , architecture, the approval of a sty proposed work. improvements within designated lustone districts ofa magnitude or
r
a
landscape architecture, archaeology or related field, that the property's potential numbe ® m
uch that the cuuiative impact does not allow for the issuance ol
demolition or major alteration would substantially diminish the character and C. Special consideration. a certificate of no negativeefit.
sense of place in the city as perceived by members of the comm why, and
1 ID preserve and maintain the historic J areartecrural character of designated
The Community Development Director may determine that ppl for
n the HPC City C 'I I. from the dimensional
a the p pe y d hi t pm appropriate d 6 fintegrity: f location, Pape ty may approve for work on a designated historic property involving multiple categories
requirements et f dh the Land Use Code and y make recommendations to
Beni g des, r d1s k hip a - t 6 t o. The Cry of minor development Y result ' the Wt impact such that it is
Come 1 shall adopt d make available to the public sheets and other devices the Chief B 'Idi g Official who has the authority to grant certain exceptions from
considered a rnajor development. In such cases, the ppl ant shall apply
the International Building Code(UBC) through the provisions f 1M International
which shall tensed by the Council and Him °ic Preservation Commission to apply for a major development hew in accordance with Subsection 26 .415.07
this criterion Existing Building Code (It:BC). These modifications may not change the
applicable safety and permit regiwemenrs and must also follow the poedurea
Application. Only the property owner( s) may file an application for designation of provided for modifications set forth in the ltsBC 2. An applicatio n for minor development shall include the following:
an AspenModern building, district, site, a t object on the Aspen Inventory of
I listofic Landmark Sit J Structures. Th application f o r the designation property - Designated historic properties eligible f andha priority ' r participate in a The la lra(on'nCohenalionrequired in Seci on 26.304.030.
PP _o nofa Puree Cie related to financial, developmental technical assisanee that will general DP
or collection of properties shall include the following: ' to programs re p hi
serve to preserve, maintain or enhance rM1eiM1'. and architectural character b. Scaled elevations and/or drawings of the p opesW work and its relatiomhil
a. The applicable information mquired in subsections 26304- 030.B. L 2., 3.,md 4. to the designated historic bu structures sites and features within in
3. All City autho rities Including City Council, are authorized to grant economic and ni ^ I
developmental benefits to designated historic properties or grant these benefits Y
b. Site or historic district boundary map_ conditional upon the subsequent designation of the properly_ (Ord. No. I -2002,
c. An accurate representation of all budding materials and finishes tobe
57[PariJ; ON. No, 41. FNIq §2)
in the development
c Property or district description, including narrative text, photographs and/or other
graphic materials that document its physical charedcnaues, 16.415.070. Development involving de.lgna historic ric property. J. Photographs and other exhibits as needed, to accurately depict location -
No building or structure shall be erected, constructed, enlarged, altered. repaired relocated or extent and design of pmpwed wort'
d. Written decription of how the property meets the criteria for designation- improved involving a designated lit is properly or district t t l plats or sufficient inf t ,
have been submitted to the Community Development D t d approyed in accordance
e. Verification 1 h proposal complies with Chapter 26,410. Resdentia.
with the procedures f their rearm, rearm, An application for a building permit cannot be d standards or a written me t for wee from any standard t3ta
e. Written desalp6o n of historic ` preservation beefits which the pro perry owner submitted without a development order. B bet t ynes
requests be awarded at the time of designation and relationship to Section - s not being
2E415.010. Purpose and Intent of the historic preservation program.
Lod
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Fri, Dec 17, 2010 13:04:08
5780697
Ad Ticket #5
Acct:
1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client: City: Aspen
Caller: Amy Guthrie Cit
Receipt State: CO Zip: 81611
_
Ad Name: 57806970 Original Id: 5780668
Editions: 8ATI /8ATW/ Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color: Issue 1
Copyline: pg 2of 6 AspenModern Ord
Rep: AT Legals
Lines: 0 —
Depth: 13
Columns: 5 -T
Discount: 0.00 . ' 4 - u
Commission: 0.00 .. < -
0
Net:
Tax: 0.00
Total 394.55 1
Payment 394.55 1
Ad shown is not actual print size
r T
C. Ensure the preservation of Aspen's character as an historic mining town, early ski
Ordinance 028 resort and cultural center; C. AapenModern Properties. Properties associated with Aspen's 20 century history shag
(SERIES OF 2010) be called AspenModem. Properties added to the AspenModem Map shall be subject to a delay
D. Retain the historic, architectural and cultural resource attractions that support on the issuance of land use approvals and building pemnits which could destroy their histonc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO tourism and the economic welfare of the cosamt iry; and significance. Properties added to the AspenModem Map shall be eligible for certain preservatior
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE: SECTION benefits without being designated by City Council and may be awarded preservation incentive=
26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC E. Enc.wage prododive, economical and amactive reuse of nismnc stmcwres. above and beyond those identified at Section 26415.110, as follows. Property owners are
LANDMARK SITES AND STRUCTURES OR (Ord. No. 1 -2002, as a eco encouraged to meet proactively with the historic preservation commission before wdehaking
DEVELOPMENT IN AN °H,' HISTORIC OVERLAY DISTRICT, SECTION 26.420, development plans t0 receive preliminary feedback on appropriate development and benefits.
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES AND SECTION 26.535, The City does not intend by the historic preservation program to preserve every old building. but I. Ninety-Day Negotiation Period. In the case that the owner of a pro
TRANSFERABLE DEVELOPMENT RIGHTS (TDR) instead to draw a reasonable balance between private property rights and the public interest in AspenModem perry added to ore
Community Map % b land use application building 0 theme proposing wore
preserving the City's cultural, to and architectural heritage. t should be accomplished that the mrme Development Director determines m t Chat the definition t f Maj.
WHEREAS, the Community Development 420 a n 26 at the s s or is Council, by ensuring that demolition v buildings Alterations o structures 50 important to tut t tag andern appro' approe Demolition Relocation, as defined ' this Chapter, day the lent
prepared amendments o Chapin 26.415, 26420 amt d 36.535 of he Aspen Municipal cake. weighed W n in with other alternatives. Alt o historically ons ho significant buildings and new use al Dem or building permit shall be placed on a temporary ninety -day hold.
e o
pertaining ng t. historic a preservation; and, construction historic e areas shall respect the character of each such selling, no no by imitating
surrounding structures, but by being compatible with them as defined in historic preservation Work undertaken in confomunce with the International Buildin g Code provisions foi
WHEREAS, the proposed amendments address the preservation of postwar era properties in guidelines.
emergency repairs shall be exempt this Section provided that the proposed regain
p
Aspen, particularly regulations which have been in place since the adoption of an emergency match the surrowdiug exterior materials and character to the extent practicable_ Alec
ordinance, Ordinance 648, since December 2007; and 26.415.020. Definitions,
exempt from this Section are alteradona land use vpplicatiow,and building permits limiter
to interior remodeling, paint color selection, exterior repainting or replastr ing similar le
WHEREAS, the proposed amendments have been brought forward after the conclusion ofa The following definitions are specific to the temis as used in this Chapter and in the field of the existing finish or routine maintenance such as caulking, replacement of fasteners, o
Histl9inuwhssadn Task Force of citizens who worked to propose process improvements wstoric preservation, repair of window glazing and other such exterior alterations which are determined by the
Community Development Director to be minimally intrusive or reversible work that doe!
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Alteration. A change to an existing building, structure or feature that modifies its original not diminish the historic character of the property.
construction.
Municipal Code shall be reviewed and recommended for approval, approval with conditions,
apPearanceo
or denial by the Community Development Director and then by the Planing and Zoning A property owner may also enter into the ninety-day negotiation period by submitting
Commission at a public hearing. Final action shall be by City Council after reviewing and Cerificate of appropriateness. An official form issued by the City stating that the proposed work voluntary application for designation to the Aspen Inventory of Historic Landmark Site
•
considering these recommendations; and, on a designated historic property is compatible with its historic and architectural character and, and Shpet2ros.
therefore, the work may be completed as specified in the certificate and the City may issue any
WHEREAS, the Director recommended approval of amendments to the above listed permits needed to do the work specified in the certificate- Only complete lark use applications or building permits, as determined by the Commurup
Sections as finisher desenhed herein; and Development Director, shall he accepted. Nothing herein shall prevent the City lion
reviewing the Imo use application or building permit during the ninety-day vegotialio[
WHEREAS. the proposed amendments were preserved t° the Aspen Historic Preservation of e demolition te f permit ion approval. rd official form issued by the City authorizing structure the called in
period
Commission (I IPCI on October 13, 2010 for referral comments to be considered by the a designated 1 d ' for a designated historic property or for a build g or swmnn located in s
Planning and Zoning C and Aspen City Council. The Historic Preservation ed th 0 - d t. q 1 n fro th p opeTy owner indicating w understanding of this ninety-day
Comm' d d that City Council adopt amendments to the Municipal Code
negotiation period hall accompany the lac use application building permit. The
crier c siduetion of the following comments - O the AsPomModem Map shoed include C M f c
f economic hardshff. An official form issued by the City, in cooa o t with a -day y negotiation period may be extended an additional thirty (30) days upon
all eligible properties within the City limits, 2) some centives should be offered to certificate ofdemolition approval, that allows the Demolition ofadesigwted historic property as selmion adopted by MC Council, or 1on8,nf mutually eceepn m w
bleboch the Cucll
AspenModem properties without designatio n, and 3) any negotiated benefits should be th ° °wver has demonstrated that maintaining it will impose an economic M1ardsh'p- andthepmtenyowner-
required to meet high standards in terms of both preservation and green building, and
Certificate of no negative epeci. An official Fenn issued by aim City stating that the proposed Within the ninety-day negotiation period, the following shall recur
WHEREAS, the Flaming and /rung Commission held a public hearing to consider the work will have no detrimental effect on the character - defining features of a designated property
proposed amendments to the above noted Chapters and Sections on October 19, 2010, took and, therefore, the work may proceed as specified in the certificate wi0wut obtaining further a The Community Development Director shall offer to meet with the propeny
and consideed public testimony and the recommendations of the Community Development approvals under this Chapter and the City may issue my permits needed to do the work in the er to discuss the City's Historic Preservation Program and benefits that the
Director ana I Iistone Preservation Commission and recommended, by a 4 to I vote. specified certificate. property may be eligible to receive upon designation as a Historic Landmark.
City Council adopt amendments to the land use code after consideration of the following
c l met 111 f 6415025 Identification fH' t P ponies should be revised to Contributing resource. A build i b. The Community Development Dims shall confer with the Historic Preservation
an the I that affect AspenModem or archaeological structure object a property or dist rict lhenistoycasedistan0m, pis b g proposed land use appiiratior
c
ry K Po properties which proposed for landmark historic architectural qualities or archaeological values for which ract is
Commission, at a public meting, regarding the
designation vs. AspenModem properties which are listed on the Aspedem Map but considered significant. or building perm i and the revue Dflh property. The property owner shall Ix
not proposed for landmark designation, 2) Council should consider establishing a separate provided notice of this meeting.
review board that will conduct the negotiatio n process . As proposed, there are a lot of steps
Designated
and participants involved. Council could take the tole of ratifying the recommendation of property. A property listed on the Aspen Inventory of I listorie Landmark Sites and The Historic Preservation Commission, using context papers and integrity
S
this new review board, 3) Council should consider whether Mere is a way to ensure equity Structures. scoring sheets for the property under consideration, shall provide Council with ar
in the negotiated benefits that are awarded to comparable properties. 4) The Planning and assessment .fthe proPorry' %wnformanee with the designation cnittla of 9edior
Nirmric District A collection, concentration, linkage or continuity ofbuildings, structures, sites 26.4150 M
30.C.I. When any benefits at are not included in Section 26.41E110 an
Zoning Commission heard public comment from the properties which comprise The Aspen
Meadows and understands that these owners may adth to amend their SPA to address or objects united historically or aesthetically by plan or physical development. requested by the property owner, HPC shall also evaluate how the designation, aoc
historic preservation rather than be included in AspenModem, 5) Council should consider any development That is concurrently proposed, meets the policy objectives for du
the proposed language of Section 26415.025, Penalities for work done on Aspenblodem Historic context paper. Research papers that define Aspens architectural and cultural panems historic preservation program, as stated at Section 26415 010, Purpose and Intent
pmperties without approvals. The penalties apply to any reapproved "alteration,' which in the context of local and national history. l listoric context papers are used to guide sure, the As an additional measure of the appropriateness of designation and benefits, HP(
may be too broad a term, and 6) Council should wnoder allowing the owners of properties Historic Preservation Commission and Cry Council in determining the historic significance of shall determine whether the subject property is 5 'good, better, or best" example
that are not addressed in context papers to volunteer for designation review. This would structures and properties in the Ciry of Aspen. of Aspen's 20" century historic resources.
allow for voluntary designation of buildings from any period, even new construction; and
Integrity. The ability of a property to convey its significance relative to the aspects of location, c. The Community Development Director shall confer with the City Counci
WHEREAS,the Aspe n City Council has reviewed and considered the recommended charges setting, design, materials, workmanship and association. regarding the proposed lark use application or building permit, the nature of the
to the Municipal Code under the applicable provisions of the Municipal Code identified property, and the staff and Historic Preservation Commission's assessment of in
herein, has reviewed and considered the recommendations of the Community Development Monitoring appointed by the O Preservation historic significance and the effects of the application or building permit The
al to two (2) Commission Director, llistoric Preservation Commission and Palming and Zoning Commission, and has gaC e mbers and the th 'e Historic Preservation Officer to p property owner shall be provided notice of this meeting.
taken and considered public comment at a public hearing the rehabilitation.
A me to onCemmr provprovide oversight igM in
the implementation ofrehabilitation.
d. site or object that does not add to the I 'The d CiCity e Com may negotiate Development meat directly the o other C i osta f s racy sa y
WHEREAS, the City Council finds chat the proposed tan amendments the M
, tc
Noncontributing nmerre. A building, structure v the proposal direct Community Dev D irecmq brother City staff as nece 1lorrr
is
Code meet n exceed all applicable standards and that the approval of the re, dstone t for th
consistent with the Is and elements of the Aspen ty propose is
architectural qualities or historic associations for wkcM1a negotiate with the property owner to reach a mutually acceptable agreemen
goo pen Area ('o11115rn1 Plan; and property or district u significant designation of the properly. The City Council may choose to provide this direction
because it was not present during the period of significance or does not relate to the documented in Executive Session, pursuant to State Statute- As pan of the mutually acceptable
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the significance; or due to alterations, addition; disturbances or other changes, it no longer possesses agreement, the City Council may at its sole discretion, approve any land usr
promotion of public health, safety, and welfare; and historic integrity.
entitlement or fee waiver permitted by the Municipal icipel Code and may award a
approval that is assigned to another Board or Commission, including variations
WHEREAS, by the passage of this Ordinance the City Council intend that no further Object. A term used to distinguish buildings and structures from those constructions that are Council shall consider the appropriateness of benefits in light of whether the
endmenis to the process for identifying and preserving any properties related to Aspen's primarily artistic in nature or small in scale and simply constructed. It may be by nature or design properly is identified as a "good, better, or best" example of Aspen's 20c century
20 Century development be undertaken by any Coy Council before January p, 2011. It is movable, but it is associated with a specific setting and environment. history and shall also sea to be equitable in the benefits awarded through the
this Council's intent to provide a period ofassuraee and predictability that the community negotiation process. Council shall seek compatibility with the neighboncoc
can rely on Rehabilitation. Making a building or structure. sound and usable without attempting to restore it surrounding the subject property,
to a particular period appearance, while retaining the chancterdefining features.
•
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY When benefits are awarded as pert of the negotiation, Council shall require that
OF ASPEN, COLORADO as follows: Relocation. Moving a building or structure from its anginal, histoncally significant or existing the propa[Y be designated as a Historic Landmark, pursuant to the standards am
location to another location.
Iimiutinnsof b 26415030, City tionoCHiennc Properties. AS pen of the
Section I ' mutually acceptable le agreement, the e C Cit5 y Council may choose to require the lanr
Chpter 6415, Development lnvo' ingt he Aspen Inventory of Historic Land mark Sites and Repair. To restore roesourd or good state after decay, dilapidation or partial destruction. use application or building permit that initiated the negotiation m be withdrawn by
me or Development cit d e Overlay Dis
s met which ration describes the
the propene' owner if said application or permit would have negatively affected the
St
process and cnteria through which the city designates properties of historical, architectural, historic significance of the property.
archaeological, engineering and cultural importance, is hereby amended to read as follows_ Restore. The repair or recreation of the original arenitectmai elements or features of an historic
property so that it resembles an appearance it had at some previous point in time. Once e
property identified on the AspenModem Map is designated to the Asper
Chapter 26.415 Inventory of Historic Landmark Sires and Structures, additional negotiation uncle'
HISTORIC PRESERVATION Significance. The documented importance of a properly for its contribution to or representation this section is not allowed
of broad patterns of national, regional or local history, architecture, engineering, archaeology
Sections. and charge. e
Ir ern the failed orea hzas ouwY yxaept thereof; the City and the property
owner have failed to Tissu a Dev elo c O re r rc upon c affected land usc
26.415.010 Purpose and intent Site occupation The location of a significant event, a prehistoric or historic or activity ors applieab stall be issued a Devdop rdtt upon a Aff r b et
26.415.020 Defintion building or structure, whether standing, mined or vanished, where the location itself possesses applicable provision of the City of Aeen Land (inc Coda Ruted uilshag
26.415 025 Identificationofhistone properties historic, cultural or archaeological value regardless of the value of any existing structure_ Permits shall be reviewed and shall be issued upon compliance with all applicable
26.415.030 Designation of historic properties building codes. The City Council. al its sole discretion, may choose to terminate
26.415.040 Recordation of designation Structure A temp used to distinguish from buildings those functional constructions made for be pr at any time and allow the land me application or building permit is
26.415.050 Rescinding designation pnposes other than creating human shelter. Ord. 1-2002, (7 [pare)
be Processed.
26415.060 Effect of designation l
V
2. Voluntary review/Processing properties
involvig designated historic properties ry rev g Advantage. Owners of pro Hies included on the
26415.070 Development
26.415080 Demolition of designated properties AspenModem Map who voluntarily comply with the provisions of this Chapter may
26 415.090 Relocation of designated historic properties proceed with approved work without making application for designation. The Community
26.415.025 Identification of properties 26 41 .4100 Demolition by neglect Development Director shall consider waiver or reduction of permit fees for the subject
26.415 1 10 Benefits work. If this is not achievable within the Ciry budget, the Community Development
26.415.120 Appeals Council notice and call up A. Surveys, Maps and Historic Context Papers. The Community Development Director Director shall ensure that the led use appl Lion a2d building permit review n g ant
26.415.130 Variances by other City review bodies shall conduct or cause to be conducted such preliminary surveys, studies or investigations as ahead of all other pphcati0m except those associated with affordable housing oral
26 415.140 Penalties deemed necessary or advisable to adequately inform City Council and the Historic Preservation Essential Public Facilities.
Commission of those properties located within the cry which represent Aspen's 19 and 20"
century history. The Community Development Director shall memorialize the resets of surveys, 3. Transferable Development Rights. Pmpcnies which are included on the AspeaModcrr.
26.415.010, Pu and intent studies and investigations in a series of historic inventory forams, maps and historic context Map shall be eligible m create and sell transferable development rights according m the
rpose an papers. Said inventory ems, maps, and context hall Inc maintained b the Commwi provisions of Chapter 26.535 of this Cade, even if the
papers s Y le Inventory Historic Landmark Sites and Structures.
y are not designated on the Asper
The times N
Development Department es. shall be made cic con for papers a o b e at all reasonable ry ° f Hist
puryose of this Chapter is m promote the public health, safety and welfare through the times. New inventory forms. maps and Idatonc context papers shell not be adopted by City
protection, enhancement and preservation of those properties. areas and sites, which represent the Council except for every tenth year, starting in January 2011. 4. Removal from AspenModern Map. If, in the opinion of the Communiry Developmen
distinctive elements ofAspen's cultural, edocationel social economic, political d architectural
Director after execution of a building permit issued pursuant to this Section the propreb
h' on. Under the trk rity provided by the Home Rule Charter of the City and Section 29-20- These resources shall he referenced by the Historic Preservation Commission and Cry Council included on the AspenModem Map has been demolished or s0 altered that it woidd n
104(c), C .R5 -to regulate land use and preserve areas of historical, architectural, archaeological when reviewing applications fo designation.
engine nag and cultural imponance this Chapter sets forth the procedures to: longer meet the enteral for designation to the Aspen Inventory of Historic Sites wo
Structures, the Community Development Director shall remove the propety from the
B. Aspen Victorian Properties. Properties associated with Aspens 19e century history shall be AspenModem Map and it shell no longer be subject w the terns of this Cho
A. Reeognire, peke[ and promote the retention and continued utility of the hfstodc called Aspen Victorian The City ofAspen has comprehensively identified examples of Victorian Jec pis¢
buildings and districts in the City; era properties in Aspen since the 1970s. 111 such properties have been designated by ordinance Owners of pr pert es included on the AspeMfodem Map may Aped to the Historic
M the Aspen Inventory of Historic Landmark Site d Structures Such p pen ies are subject to Presemation Commission to be rumored from d AspenModem
t determines that t the M d es '_:aIf the le
the t
ta.. t is . -.roc f M1 Chapter. AL [ art es ms h- nv 'fi d and de - _ noted v Preservation Comm sv on at a public j' - d e s th Iet on ether".
a e r r n
i t
AspenModem Map. A finding that the criteria are met shall not cause the property to D. Review, public hearings and notice. A. Exempt development
be designated, however it shall remain on the A s p e n M o d e m Map. The determination
of the Historic Preservation Commission may be appealed M City Council according to L An application for designation on the Aspen Inventory of Historic Landmark I. Selected activities are exempted from thedevelopmenl reviewprocedures including
Section 26.316. If an application for removal from the AspenModem Map is denied, an Sites and Structures shall be transmitted to the Community Development interior remodeling, paint color selection, exterior repainting 0r replastering
application cannot be filed again or a period of two (2) years from the date of the denial Director to determine if the application is complete. For applications filed with stmilar to the existing finish or routine maintenance such as caulking, replacemen
by the HPC Or Ciry Council. The time limitation of this Subsection may be waived by sufficient information, a report will be prepared by City staff for transmittal of fasteners, repair of window glazing or other such minimally intrusive work
Ciry Council when such action is deemed necessary to prevent injustice or it is determined to the HPC with the relevant information on the proposed historic properly or
to be in the best interests of the City. If the primary structured) on any property identified district with a recommendation to approve or disapprove and the reasons for the 2 If hive is any question if a work activity qualifies as exempt, the Commmuty
onthe ASpenMOden Map have been destroyed by an act of or are otherwise declared recommendation. Development U;rectur shall make the determination as to its eligibility.
unsafe and ordered demolished by the Chief Building Official, the property shall be
removed from the AspenModem Map. B Certificate of no negative effect
2. A date for public hearing complete application 11 be schedule e d before I Ana 1'ca Development for ant Director t approval of work that has no adverse effect
a p am of no negative effect
nalties M his ekes unapproved or tin the HPC. Notice. of the hearing shall be provided according to the p ns
Pe PP n ga may be made m the
Any owner w pproa per 'n d ion to alter or demolish Subsections O pment D rein
of r 0640.3 .r, b. and c_ ht when the Community Community the
o
property included on the AspeM1dam Map including purposeful removal change or Development on the physical � 1 ppcarnce or character-defining features ofa designated property
Developm ent n tDir ctor, IIPC or C or CIE Council is the applicant When the
damage to any exterior materials f portions [ building. or structural m emt m embers Community Devalopl Direry Council is the applicant notice An application
clop I
[ certificate f R ed may m eets eetet by Community
ofa b s approved the requirements
De uldinb shall be subject penalties _estahl - sM1 d Section 140 Petalt Director with 2fi forth review if sal font
of the oche property be post emtheeropeecowned ) within al ekea i ryd(.30 (300) He in the any penalties IC assessed pursuant to this Chapter, the Community Development feet of the rt d posted on the subject days b Subsection 415.0'JO B 2
Department must demonstrate to City Council, using date stamped photographs, that the
Phear g n qs j property for least mail. In
exterior of the building has been altered afi
prior eve nt to the hearing. re is no Notice evidence that the nee de ice property. snail be by registered mail. t. the Community Development Director shall issue a development order baser
upon ce rtificate tre the adoption adoption date of this ordinance. the en that there n d actual notice um y p �°
pesp: yo mcerv certificate ofno negative allied within fourteen (14)days after receipt o[e
included on the As Moslem Ma shall receive reasonable care. maintenance the I WC may specify that additional measures M taken
Pro err complete Properties inn pre Map application if
and upkeep as described in Section 26415 .100 -Demolition by Neglect. the 11PC shall evaluate then application to determine H the a It determined lhonh i'(n eligible e and
meets work item and meets the City
pP he property' Historic Preservation Design Guidelines
415.030. Designation of historic properties. the criteria for designation. At the public hearing. the ropy owr,
panics of ' t t and citizens shall have ppon '1 to provide ( t n. Any d fi I to the proposed work requested by the Community
about the property district's elS ti 1 ty for designation The HPC may Development Director are agreed to by owner/applicant and
h J gnat f properties t official 1 i that - W the Aspen I try f H t recommend approval. disapproval of the I request
5
affluent Sites and St I hi h ts maintained lry the Cty. is intended t provide Y t t additional f f - to make a decision to approve or deny. Their c The promised work will nH diminish, eliminate adversely affect the
tic process ss ( detemine what buildings. areas . d f I of the h'. toric built environment recommendation shall be forwarded to City Council significant historic and/or architectural character of the subject property 01
e of value to the c m unity Designation provides a means of deciding and communicating. in Historic District in which it is located.
Irene of specific issues or onficts. what properties are in the public interest to protect q Upon receipt of the decision, report and recommendations of the HPC. the
City Cowell shall schedule a heanng on the application in accordance with the 3. An application for rtifi t of no negative R I. shall include the following:
Establishment of the Aspen Inventory of Historic Landmark Site and Structures. notice requirements for adopting an ordinance The City Council shall evaluate n. The general application information required i Section 26 .304.030.
he Aspen Inventory of Historic Landmark Sites and Structures has been established by City the application to determine if the property or district meets the criteria for
it to formally recognize those disricts, buildings, simetmes sites and objects located in designation. At the public hearing the property owner panics of interest and h Elevations or drawings of the proposed work.
spen Mal have special significance to the United St t Colorado or Aspen histoory , chitecture citizens hall have ppon ry to provide in! ! about the properly or
thaeology, engineering or culture The location f properties listed on the inventory shall be district's lig bility for designation. Th City Council may approve. disapprove c. Photographs, building material samples and other exhibits, as needed, m
dialed on maps on file in the Commuuiry Development Degwnent, continue the application o request addition I information necessary to make a accurately depict location, extent and design of proposed work
decision to approve or deny.
. Aspen Victorian d. Verification that the proposal complies with Chapter 26 414 Residemia
5- If an application is denied, the Community Development Director. HPC or City design standards.
Criteria. Iii he eligible for designation on the Aspen Inventory of Historic Landmark Council may not file a reapplication for designation of the same prise, e,.me.,
Sites and Structure as an example of Aspen Victorian, an individual building, site. property or district on the Aspen Inventory of Ilinoric Landmark Sites and 4_ The following work shall be considered for a Certificate of No Negative Eff ect
structure or object or a collection of buildings. sites. structures or objects must have a Structures for five (5) years from the dale of the City Council disapproval. (Ord. a Replacement or repair of architectural features which creates no change tc
demonstrated quality of significance. The quality of significance of properties shall be Nu. 1 -2002, §7 [pall. Ord No.34 2007, 4U the exterior physical appearance of the building or structure.
valuated according to the criteria described below. When designating a historic district.
the majority of the conlrihuting resources in the district shall meet the criteria described 26.415040. Recordation of designation. b. Replacement or repair of architectural features that restores the building ca
below Ikon the effective date of an ordinance by City Council designating n property on the Aspen simemre to its Whine appearance.
Inventory of 1lislorie Landmark Sites nd Structures, the City Clerk shall record with the real
°' mid Iistio) of aw significant
a. Thep perry district is deemed significant for its ntigwry, in that t contains estate records of the Clerk and Reorder of the County. certified per f h ordinance including rungs of similar attachments provided no gk
structures which can he documented as built during the 19'° century, and a legal description of the property. Ihelocation of properties designed by ordinance also shall feature is damaged removed or Obscured by the installation.
be indicated on the official maps of the City that are maintained by the Community Development d Fencing that has no edveneeffect mthe historic or architectural eharmtei
b. Die property or district possesses an appropriate degree of integrity of location. Department (Ord. No. 1-2002, § [pan]) of the property
setting, design, materials, workmanship and association, given Its age The City
Council shall adopt and make available to the public score sheets and other devices 26.415,050. Rescinding designation. Mechanical e fora «esso foam that have im
which shall be used by the Council end Historc Preservation Comm I apply a yap men accessory pad on the
re application from the
character-defining features alures of the balding structure.
this t A. Application and criterion.
Aspen Inventory An a pp kwon for the removal of a property of klisinri Landmark Sites and Structures shall fellow the same submission f Signs which have no effect on the characterdefikng features of the historic
Application. Property owners, the Community Development Director. the HSProem ne Proem anion requirements and review procedures as for designation described in this Chapter except that (HPC) the City Council y fit n application for designation of n
with respect Subsection 26415.030.0 4 an explanation shall be provided describing why the
Commission PnaPe n Y
n
A Victorian b IW disir I t structure or object the A Inventory property no longer meets the criteria for designation. The HPC and Cry Council shall determine
po K J pen ry of . g. Alterations to noncontributing buildings within historic districts that have
of sufficient evidence exists that the property no loner t
HistoneLndmark9nes and Structures. 'The e application for designation of p g meets the criteria for designation
rk
pp Kva property sM1all remove Ire from the invento A I created throe h an historic Landma w adverse effect on t historic or architectural character. 0r collection of properties shall include the followings so property ry pane g
let split cannot be de -lured unless there is a finding that the resource which originally caused the R Alterations to no more than two (2) elements of nonprimary facades of z
site to be landmarked meets the criteria for removal from the historic inventory.
a. The applicable information required in subsections 26. 304 030.8.1., 2., 3. and designated esig wtd Fiuldi ng.
B. Reappleation. lfa request for rescinding designation is denied, an application caner be - InvsWUtion of site improvements, such as walkways, patios, pools or hot
b. Site or hismric district boundary map. filed again for a period of two (2) years from the date of the denial by the City Council. The time ro bs, or similar significant features. -
limitation of this Subsection may be waived by a majority vote of the City Council when such
c. Progeny or district description including narrative text, photographs and/or other action is deemed necessary to prevent injustice or to facilitate the proper development of the City. 5. The development Oder and associated certificate ofno negative effect stall expire
graphic materials that document its physical characteristics. (Ord . Na 1 -2002, ¢I [pan]; Ord. No. 43, 2004, 40 and become nail and soil after three (3) years from the dale of issuance by the
16.415.060. Effect of designation. Community Development Director ukess a building penis is issued within than
d Writtendesenption of haw the property meets the criteria for designation lime.
A. Approval required. Any development involving properties designated on the Aspen
'.A4penModern Inventory of Historic landmark Sites and Structures, as an individual building or located in an 6. In the event that the Community Development Director detenines that the
historic R tn t I d t d pt requires the pp of development order and a of a certificate of no negative effect is not appropriate the owner may
Criteria. To be eligible for designation on the Aspen Inventory of Histone Landmark either a certificate of gatSeeifector „ ifitate „f fapprop be fore a building penis apply for acertificate of appropriateness from the HPC.
Sites and Structures as an example of AspenModem, an individual building. site, structure or any other work authorization will be issued by the City.
or object or a collection of buildings. sites, structures or objects must have a demonstrated C. Certificate of appropriateness for a minor development.
quality of significance the quality of significance of properties shall be evaluated B. Design guideline. 1. The rev rtv) and decision on the s e uance of a cenifieate of the Community
m
according enle w- na described below. When designating a historic distract, the majority for minor development shall begin a detemnination by the Community
of the contributing resources in the district must meet at least two of the. criteria ad, n d Development Director that the proposed project constitutes a minor development of 1. The HPC has adopted resen design si G guidelines, hereinafter retested to as the Cry es
criterion edescrihed below. Aspen 1lismric Presenmion Design Guidelines, in accordance with the procedures Minr Exp ere
mno c includes:
tion of astmcore wherein the increase of the floor are:
fornotice °'
a The properly is related to an event pattern onrend that has made a contribution to and public hearings set forth in Section 26.304068 These Paragraph ta). ese oflhc structure
two hundred and fifty 12501 square @m or less or
local state. regional or national M1 I that is deemed important, and the specific guidelines set forth the standards to preserve and maintain thc historic
event pattern or trend is identified and documented in an adopted context paper: and architectural character of designated properties and districts . The standards h Altemtims to v building doe facade, x5ndows dung roof pines or material.
1 to the exterior features and/or notable sin:ctsca emenor wall materials, dormer porch, exterior staircase, balcony o
apply Y per and landscape per is
ornamental trim when three (3) or fewer elements are affected and the
b. The property is related M people h have mode a contribution to local state of the designard h. tmic property anNOr district. These guidelines are int d d k does not qualify for a certificate of no negative `Beet or
regional 1 rnational history - that is deemed important, and the specific people are to offer assistance to property owners undenak' g consmuction. rehabilitation,
identified and documented in n adopted wntexl paper, nhemt amps xt appearance any other development olvivg E of Erection of installation of combination or multiples owning, canopies
designated historic d
stoc prope rims. The guidelines will be periodically c
c. The property represents a physical design that embodies the distinctive reviewed by he HPC and d l to public hearing, needed. mechne tqupmevt fencing, signs, accesmq features and other
characteristics of a type, period or method of construction, o pants the attachments to designated properties such that the cumulative Impact doe.
technical or aesthetic achievements of a recognized designer, craftsman, or design 2. The /City of Aspen Historic Preservation Design Ou;delines,' ended, not allow for the issunceofa certificate ofmnPyeve effect or
philosophy that is deemed important and the specific physical design, designer, or which are n file with the Community Development Department will be use0 d. Alterations that are made to vonhisroric portions of designated kstodc
philosophy is documented in n adopted context paper; m the review of requests of eenifiates of no negative effect o certificates of properly that do not qualify for a certificate of no negative effect or
appropriateness. Conformance with the applicable guidelines and the common
4 Thee pent possesses smh singular significance to the City, as documented by the development review procedures set forth in Chapter 263004 will be necessary for
c a The erection of street furniture, signs public an and other visible
opinions ofp nom educated or experienced i the fields of history, architecture. rhea e. approval [ Y proposed improvements within designated historic does Mc of a magnitude or lr
Indocape architecture. archaeology ora related field that the property's potential um umbers such that the cumulative impact does mtallow for e issuance of
demolition or major alteration would eely diminish the character and C. Special consideration n certificate ofno negative effect. m
sense of place in the city as perceived by members of the community, and a
1 to preserve and maintain the historic d architecnral character of designated
e. Thep perry d' possesses an appropriate degree fintegrity f location. properties, @ HPC City Council may approve f f the dimensional The Community Development Director o determine that ppf' for
ettiv d t ials km hr d `I t ry t. t f rah the L' d L Code nd for work development a designated historic property involving multiple
g K P K b- Th C require y k un 00fe m of y result in the cumulative impact such that it s
Council halld ff dmak available th public sheets d the devices McCh fBuilding Offi 1 h has the mhontyt grant n ceptmnsfrom considered a d
which hall be used by the Council and l l stor Preservation Commission to apply the International Building C d (URC)through the provisions of the International 1 P rat Im such the shrll apply
Fxisd Building Cade IBBC). These modifications change f mum development review In accordance with Subsection 26.415.07
this c t m ng g ( s may not charm the
applicable safely and permit requirements and must also follow the procedures U_
Application. Only the property ownerts) may file n application for designation of provided for modifications set forth in the IBBC Ana application Pc; saran development
A per M building, d st t o object the Aspen Inventory of
an
Dp pmentshall include the following:
J
1listoric Landmark Sites m d Structures. h ppf ti n for the designation ofa property 2 Designated historic properties eligible Mr and have priority participate in
a the 1 application information required n Section 26304 -030.
or collect r on of properties shall include the following: City programs related to financial, developmental technical assisince that will genera pp a pen
serve to preserve,mafma;n or eM and their historic d architectural character. h- Scaled elevations and/or drawings of proposed relmionahi
goo propose (
a. the applicable affirmation required in subsections 26300030101., 2.3., and4. l All City authorities, ridding City Council are amihorizedlegrnt economic and
I the designated hist buildings, structures sitesandf lures within it)
developmental benefits t0 designated hsotonc pmpedies or grant these benefits vicinity.
b. She or historic district boundary map. conditional upon the subsequent designation of the property. (Ord. No_ I- 21102. An accurate representation a
vtiovofell building materials to and finishes be use(
nt:
* 7 [pa Ord. No. 43, 2004, * 2) c in the development.
c. Property or distncl descnption including narrative text, photographs and/or other
graphic matmWS that document its physical characteristics 26415070. Development involving designated historic property. J. Photographs and other exhibits. as needed, to auaaaauet depict (eealien
No building aucnae shall be erected, constructed, enlarged, altered repaired relocated or exam and design o[preposetl work : -
d Written description of how the property meets thecnena for designation. improved involving designated historic properly or distract until plans or wficentinformation
have been submitted in die Conimunity Development Dveet d approved in accordance _ Verification M1 the proposal complies with Chap 26.410. R d visa
v_ Written description of h' preservation be ft h' ch th ner w
with In p d M
shed f Ili _ A pplieado f b IAinB pens cannot h a quest fora anance from any standard the
property ow design submitted without a development order.
requests hr awarded at the time of de standards 1 written re.
designation and relationship to Section - Is not being met.
26.415 010, Purpose and Intent of the historic preservation program .
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• Fri, Dec 17, 2010 13:04:53
5780699
Ad Ticket #5
A 1013028
Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
Em ANGELA SCOREY
Client:
Caller: Amy Guthrie
City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 5780699D Original Id: 5780697
Editions: 8ATI/8ATW/ Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color:
Issue 1
Copy line: pg 3of 6 Aspen Modern Ord Rep: AT Lege Is
Lines: 0
fr:Cf
Depth: 13
fjeee-fely-4 efeercece...-7.-e.
Columns: 5
Discount: 0.00
Commission: 0.00
Net 0.00 tr„
;It:4727
Tax: 0.00
Total 394.55
---
Payment 394.55
_ ----
Ad shown is not actual print size
T
4 .
r 3. The procedures for the review of minor development projects are as follows: 4. Final development plan review. (3) Representations of building materials and&tihes.
The Community Development Director will review the application a.
materials and if they are determined to be complete, schedule a public a. An application for a final development than shall include: graphs and other exhibits to illustrate the proposed changes.
hearing before the HPC. The subject property shall be posted pursuant to (4) Photo
Paragraph 26.304.060.L.3.b. (1) The general application information
I pp required in Section
c
f b. Staff shall review the submittal material and prepare a report that analyzes 26.304.030. The Community Development approval Director shall review the applicant.. materials submitted fm approval of a substantial amendment and waist
the project's confonnance with the design guidelines and other applicable any submittals not considered necessary for consideration. If they are
Land Use Code sections. This report will be transmitted to the HPC with (2) Final drawings of all proposed st 1/4' s and/or addition(s) determined to be complete, the applicant will be notified in writing of Ws
relevant information sppy on the proposed project and a recommendation to included m Dan of the develo
approve, disapprove or approve with conditions and the reasons for the pmrn at 1/4 " t at —1 1 .0' seals. and a public hewing before Ore HPC shall be scheduled.
• recommendation The HPC will review the application, the report and the
i evidence presented at the hearing to determine the project's conformance (3) An actuate representationofall major building materials to be used d. Notice for the review of an application for a substantial amendment will
with the City Historic Preservation Design Guidelines. in the development, depicted through samples or photographs. include publication, posting and mailing pursuant to Section 26304 .060
E3 Paragraphs a, b and c-
c. The HPC shall approve, disapprove, approve with conditions or continue (4) A stWemmt including narrative ten or graphics, indicating how
the application to obtain additional information necessary to make a e. Staff shell review the submittal material and prepare a report that analyze!
• I decision to approve or deny. If the application is approved, the HPC shall the final development plan conforms to representations made or the extent of the changes relative to the approved plans and Mw the
development plan.
issue a certificate of appropriateness and the Community Development sti plac as a condition of the approval of the conceptual
issue a shall development order. ty tee
p proposed revisions affect the project's a with the desig
1
guidelines and other applicable Land Use Codes. This report will be
1 transmitted to tMHPC with relevant information on the proposed revision
d. The HPC decision shall be final unless appealed by the applicant or a b. The procedures for the review of final development plans for major and a recommendation to continue approve, disapprove or approve witl
landowner within three lmthtd (300) feet of the subject property in development projects are as follows: conditions and the reasons for the recommendation.
accordance with the procedures set fond in Chapter 26.316.
D. Certificate of appropriateness formajordevebpmevL (I) The Community Development Director shall review the application f The HPC will review the application. the staff analysis report and the
materials submitted for final development plan approval. If they are evidence presented at the hearing to determine the project's conformance 1- the review and decision on the issuance of a certificate of appropriateness determined m be complete, the appllent will be notified in writing with the City Historic Preservation Design Guidelines. The HPC may
for major development shall begin with a determination by the Community
Development Director that the proposed project mmtimms a major development. of Ws and a public hearing before the HPC shall be scheduled- approve, additional disapprove, approve with conditions or continue the 10 approve
atior
Notice of the hearing shall be provided pursuant to Paragraphs
A dl
m deny. di
Ord N al information necessary to make a decision m approve
major development includes one or more of the following activities: 26.304.060.IJ- ¢,band e.
or deny. (Ord. No -1- 2002,§ 7 [pan Ord. 43, 2004, §3) '
a. The consIn cfion ofd new structure xithina historic district; and/or 26.415.080. Demolition of designated historic properties.
(2) Staff shall review the submittal material and prepare a report that
b- Alterations to more than three (3) elements ofa building fepde including analyzes the project's conformance with the design guidelines
It is the intent of this Chapter to preserve the historic and architectural resources that have
its windows, dooms, roof planes or materials, exterior wall material, and other applicable Land Use Code sections. this repon will be
I dormers, porches, exterior staircase. balcony or ornamental trim; and/or t demonstrated fiance to the community. y o mnmined to the HPC with relevant information on the proposed sign itY no demolition f propenieI
project and s recommendation to cmlinue, approve, disapprove or designated on the Aspen inventory of Historic Landmark uentk Site and Structures will be allowee
'ihe expansion of a building increasing the door area by more than two approve with conditions and the reasons for the recommendation "^less approved by the HPC in accordance with the standards set forth in this Section. hmdred and fifty ( square RG; and/or The IIPC will review the application, the staff analysis report
and the evidence presented at the hearing to determine the A. Procedure for considering requests for demolition of designated properties.
d Any new development that has not been determined to be minor project's conformance with the City Historic Preservation Design
development Guidelines. 1. An application for a demolition permit for designated properties will be filet
i 2 The procedures for the review o[ major development with or referred to the Community Development
P j pment projects include a two -step b pmrne response by the n Chief Building
process requiring approval by the HPC ofa conceptual development plan and then (3) The HPC may approve, disapprove, approve with conditions or day o . The applicant or a d be provided permit a written ibiWme withal fourteen p4;
t plan. If a major development continue thea application to obtain additional information necessary nee9dithe nns tion. demolition permit describing the submittal material
a final develo
prova p j p opment project involves may consolidate City PP snary needed for consideration. Use approvals, the Community Development Director may consolidate or to make a m to approve or deny. If the application is
modify the review process accordingly, pan
stt[[o Subsection 26304060 B. approved, the e HPC HI' C shall issue a cenificate of appropriateness and
W Community Development Director shall issue a development 2- An application for demolition approval shall inducts:
3- Conceptual development plan review. order.
a. An application for a conceptual development plan shall include the a. The general application information requested m Section 26.304.030 ant
following: written documentation that the Chief Building Official cial h determined W
(I) The general application information required in Section (4) A solution of the HPC action will be forwarded to the City bWlAngmimminent hazard w
26304.030. Council in accordance with Section 26 .415.130 and no permit will
be issued for construction of the project until the thing (30) day h Narrative text, graphic lllusindots or other exhibits that provide evidence
(2) A site plan and survey showing property boundaries, the location 'call up " period by City Council has expired. that the building, structure or object is of no historic or architectural value
1 and orientation of existing and proposed improvements and or importance.
. predominant site characteristics. (5) Before an application for a building permit can be submitted, a
final set of plans reflecting any or all required changes by the HPC 3. WVhencomplete application materials are on file, a public hearing before the HPC
(3) Sealed drawings of all proposedstmcture(s) oraddition(s)depicting or City Council must be on file with the City. Any conditions of shall be scheduled. Notice for the hearing will include publication, mailing are
their form, including their height, massing, scale, proportions and approval or outstanding issues which must be addressed in the field posting pursuant to Section 26.304.060.E.3 Paragraphs a, b and c. The staff shat
roof than; and the primary features of all elevations. or at a later time shall be noted on the plans. revi ew the submittal material and prepare a staff repro that analyzes the tequee
relative to the criteria for approval.
(4) Preliminary selection primary budding materials to be used in
construction represented by samples and/or photographs. E. Amendments, insubstantial and substantial. (here are two processes for amending
plans approved pursuant to a development order and an associated certificate of appropriateness. 4. The IIPC shall review the application, thesmf£repon and hear evidence presentee
(5) Supplemental materials to provide a visual description of the All requests for amendments, insubstantial or substantial, must be in writing and accompanied by by the property Owners, patios of interest and members of the general public it
the designated historic specified below. determine if de standards for demolition approval have been met Demolition.
context surrounding ga property or historic drawing(s) and elevations as s
Astrid induct at least one (1) ftiw folio the shall be approved if it is demonstrated that the application meets ny one of W
ing a O o wing: grans, maps, foibwhtg criteria:
photographs, models or sneetscape elevations. 1. Insubstantial amendment&
(6) Verification trot the proposal complies with Chapter 26.410,
Residential design standards or a written request for a variance a Insubstantial amendments are minor modifications to HPC approved plans a The property has been determined by the City to be an imminent hazarc
I from any standard that is not being met. that, to Pubic safety and the owner /applicant is table to make the fleet
repairs in a timely manner,
b. The procedures for the review of conceptual development plans for major (I) Address circumstances discovered in the mute of construction h The structure is not structurally sound despite evidence of the ownr!
development projects are as follows: dal could not have been reasonably anticipated during the approval efforts to proPeryI maintain the structure,
(1) The Community Development Director shad review lie application processor
materials submitted for conceptual or final development plan The sweme cannot practically be to t
approval. If they are determined to be complete, the applicant necessary (2) Are necessary for conformance
with building notary or accessibility c uiA Inc Y appropriate i oration
will be notified W writing of this and a public hearing before the codes ad do not materially change the approved 1 ty pen or
HPC shall be scheduled. Notice of the bearing shall be provided Dens or
pursuant to Section 26.304.060.E.3 Paragraphs a, b and c. d. No documentation exists to support or demonstrate that the properly
(2) Stag shall review the submittal manorial and that (3) Approve specific butWmg materials, finishes, design ofornamemal historic s and
architectural, archaeological, engineering or callus
prepare a report nine and other such detail not provided m the HPC approved plays
•
analyzes W project's conformance with the design guidelines or
and oiler applicable Land Use Code sections. This report will be Additionally, for approval to demolish, all of the following criteria must be met:
u transmitted to the HPC with relevant infomution on the proposed
project and a recommendation to continue, approve, disapprove or (4) Change the shape, location or material of a building element or a. The structure does not contribute to the significance of the parcel or piston
approve with condition d a the reasons for the recommendation. feature but maintains the same quality and approximate appearance district W which it is located and
The HPC will review the application, the staff analysis report of that fond in the approved plans.
•
and the evidence presented at the hearing to determine the
project's conformance with the dry Historic Preservation Design b- The loss of the biding, structure or object would not adversely affuu
Guidelines. b. The Community Development Director may authorize insubstantial the integrity of die historic district or its historic, architectural or aesthetic
amendments to approved plans. relationship to adjacent designated properties and
(3) The HPC may approve. disapprove, approve with conditions or
continue the application to obtain additional information necessary c Monitoring committees established by the HPC, composed of up to two c. Demolition of the mixture will be inconsequential to the historic
to make a decision to approve or deny. (2) member) of the Commission and the Historic Preservation Officer or preservation needs of the area.
assign, may also authorize insubstantial amendments.
c The effect of approval of a mviceptal development plan is as follows: 5. The HPC shall approve, disapprove, approve with conditions or continue the
d Decisions of the Community Development Director o information necessary to consider the demolitior
G) Approval of a conceptual development committee are binding The Community Development Director application to obtain additional Director or request.
PProv p pment palm shall not constitute monitoring committee may determine that the proposed changes qualify as
final fm approval of a major development project or permission to in substantial amendment and remand the matter to the HPC.
proceed with the development. Such authorization shall only 6. If the HPC approves the demolition request then a resolution of the HPC actin
constitute authorization to proceed with the preparation of m will he f ailed b the City Council in accordance with Section 26.415.120 ad
application for a final development plan. e Disapproval ofa request for an insubstantial amendment may be appealed no demolition penmit will be issued until the thirty (30) day "call up" period by
1 to the HPC to be considered in accordance with the procedures for City Council has expired.
(2) Approval of a conceptual development plan shall be binding upon substantial amendments.
1 HPC in regards to the location and form of the envelope of the 7. If the demolition request is denied because it does not meet the aforemenlionec
structural nNOr addition(s) as depicted in the conceptual plan f Approval of insubstantial amendments of plans will be rcported 10 the HPC standards, the applicant may request demolition approval based upon a finding of
� application including its height, scale, massing and their proportions. No at the regularly scheduled meetings. economic hardship," as set forth below.
changes will be made to this aspect of the proposed development
by the HPC as pat of their review of the final development plan 2. Substantial amendments. 8. Before a demolition Permit will be issued, a certificate of appropriateness for W
unless aged to by the applicant. If the applicant chooses to makes redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, must
substantial amendments to the conceptual design after it has been a. All changes to be approved. When a demolition t must be issued because the building
approved, a new conceptual development plan hearing shall be approved plans that materially modify the loca tions size,
permit ding.
requited shape, materials, design detailing or appearance of the building elements structure or object n ha zard because issuance ofa a l
of e of
originally depleted noun be approved by the HPC as a substantial of economic reuse plu np, the permit maybe received prior to the approval of ar
• (3) Unless otherwise specified in the resolution granting conceptual amendment. acceptable muse plan
I development plan approval, a development application for a final b. Anapplication for a substantial amendment shall include the following B. Prmredures for obtaining • certificate of ecoammic hardship.
1 development plan shall be submitted within one (1) year of the date meteriale m emtmine a dd ate
of approval of a conceptual development plan. Failure to file such Wropri by WCommtW Community Development
an application within this time period shall render null and void Director'. 1. Piirynse. It is the policy of the City m respect private property tights. The City
I the approval of the conceptual development plan. The Historic recogniusihercfore, that there may be xmeeimumsanmesWwhich the opemtio
Preservation Commission may, at its sole discretion and for grad f U Arevisd site pin. of this Chapter could create an undue economic hardship This provision 1s
z use shrew, grant a onetime extension of the expiration date for
created to provide property owners with a menu of demonstrating that such z
conceptual development pin approved for up to six (6) months hardship may exist and that they should be allowed to demolish a designator
dad a written r t for extension is received m less than (2) Revised ceded elevations and drawings. historic property because of that hardship. It is the intent of this
provi eques provision tr
tarry (30) days prior to the expiration date. insure that no private Property is taken with°utjusm compensation.
I
I
2. Standard of review: The standard of re w for a determination of economic 'tall up" period of the City Council has expired. 3. After receiving agreement from the owner, his representatives o other suet
hardship will be whether refusing to allow the property owner to demolish the persons having legal possession, custody and control of the property for ar
Property would result in a violation of the prohibitions of the 0.S- and Colorado e. Standards for the relocation of designated properties. Relocation fora building, impaction the Chief Building Officio( and the HPC Officer shall within ten (10;
Constitutions against taking of private property for public use without just structure or object will be approved if it is determined that it meets any one of the marking days conduct an investigation and prepare a written report deternining
compensation as those prohibitions are interpreted by the courts of Colorado and following standards: whether the property requires work to address conditions set, forth in Subsectior
the United Sates. In applying the standards, the economic benefits of financial, 26.415 100 A.I.
developmental and technical assistance from the City and the utilization of any
I. It is considered a noncontributing element of a historic district and its relocation
federal and state rehabilitation tax credit programs may be considered. will not affect he character of the historic district; or 4. If the property is found to contain conditions needing correction, the owner .
his representative or other such persons having legal possession, Custody am
Applications control of the property will be sowed within founeen (14) days with a complaint 2. It does not contribute to the overall character of the historic district or parcel identifying the properly deficiencies and providing notice that a hearing will be
on which it is located and is relocation will not have an adverse impact on the held before a Hearin forty-five a. Upon receiving a request for a certificate of economic hardship, the Historic District or Property, or g Officer of Ci ty vat thin rty- ve (45)days. The purpose
ty Development Director shall provi de awrinen res port.. within Communi t 'thin of the hearing is to:
fourteen (14) Jays as to the submittal materials required. 3. The owner has obtained a certificate of economic hardship; ar a. Receive evidence concerning the charge of deterioration and
b. within five (5) days after receipt of an application for a certificate q The relocation activity is demonstrated to bean acceptable preservation method
mu
of economic hardship, the Commry Development Director shall b. Develop a plan and schedule for making the needed repairs in a timely
given the character and integrity of the building, structure or object and its move
detcmdnc whether the application is complete. If he or she determines fashion such that the building is stabilized and the deterioration is atreste2
will not adversely affect the integrity of the Historic District in which h was
that he application is not complete, the Director shall notify the applicant and
originally located or diminish the historic, architectural or ¢esthetic relationships
i i
in wrung of the deficiencies. The Director shall take no further steps to of dlacevt designated properties; and
process the application until the deficiencies have been remedied. c. Ascertain whether the owner or other parties intend to make application for
c. The application fee shall be set to defray all costs oldie review process,
Additionally, for approval to relocate all of the following criteria must be met: financial assistance from We City to wand the building defects.
including the fees of an independent hearing officer 5. Following such notice and hearing, the Hearing Officer will make a detenninatior
1. It has been determined that the building, structure or object is capable of if there are any conectiots requited pursuant to Subsection 2641 1110. A.5 arc
4. Administrative process:
withstanding the physical impacts of relocation; shall state in writing the findings of fact in support of that determination. If it
is determined Nat the building or strwbre is undergoing deterioration or if it
2. An appropriate receiving site has been identified; and condition is contbutin of interest
a. When the application is complete, the Community Development Director g to deterioration, the owner or o ther ponies o
will refer the application to the Historic Preservation Officer and the City will be served an order to a repair those defective elements of the structure witNna
Attorney for review. The Historic Preservation Officer and City Attorney 1 An acceptable plan has been snbmin d providing for ioa r the safe reloeat repair reasonable specified time frame.
shall jointly prepare a report setting forth the City's response. and preservation of the building, structure or object including the provision of the
necessary financial security. 6. If the owner fails to make the nenssary repairs within the identified time fiame,the
b. In the event the City response concludes that the application does not
City may undertake the work to coned the deficiencies that create my haradous
demonstrate a Case of economic hardship, the application will be set for a D. Procedures for coasiderlag requet for nbcatioa of properties under consideration and unsafe conditions to life, health and property. The expense of this work will
public hearing before a hearing officer. for designation. While it is the intent of this Chapter to preserve properties of demonstrated be recorded as a lien on the property.
significance, it is also recognized that all buildings and areas of importance to the general
c. The hearing officer will be contracted by the City to conduct an imperial welfare, prosperity and civic pride of is citizenry cannot be identified, evaluated, documented C. AppeaL Within thirty (30) days,iheowner may appeal the decision of the Hearing Office'
le the
quasi-judicial hearin g and designated at one time. However, it is important to protect properties which potentially to the Board of Appeals and Examiners pursuant to the process established in Chapter 8.08 of this
ri technical ion o f economic hardshi .The Officer
p loss wail review and hearing s can be completed . Municipal /pan])
shall have sufficient legal and d technical experience to conduct a Lau qualify for designation against needless Ping Code. (Ord. No. i -2W2 § 7 IP 1
hearing in accordance with apsa t he standards of due process. The
application and all support materials and the City's report shall be provided to I. No relocation war be pertained for properties under consideration for designation 26 .415.110. Benefits.
the hearing officer in advance of the hearing. At the hearing, the applicant to the AspenInventory of Historic Landmark Site and Structures unless relocation
will he ded with an opportunity to t his application and may be approval u issued by the Historic Preservation Commission or City Cowell. City is committed providing suppon property owner
pmvi pp ty preset pp ay The Ci tted to n to to assist their estns to maintain
represented by counsel. The Ciry position will be presented by the City preserve and enhance their Metope properties. Recognizing that these properties are valuable
Attomry. 2. All properties under consideration for designation and, therefore, subject to the eeennmti assets is 0se basic premise ni g she provision of special procedures ant.
f
temporary stay of relocation will be identified on a list maintained by the Chief programs for designated historic properties and and districts.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Building Official. Property owners will be notified by registered mail that their
Court pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. property is under consideration for designation and have an opportunity to review
act materials compiled at that time to verify accuracy
an important ao encourage good historic preservation practices by tM1e omen of hismric properties an
d);
1 -2002, §7 bp Ord. No. 30, 2007, §4) important aspect of Aspen's h ued p c preservation program. Historic resources area valuable
their e
community asset and their continued protection is the basic premise R orting the creation of ar
16.415.090. Relocation of designated properties. 3. hese procedures shall apply to any building located m
within an area under nmvative package of preservation tools that are unlike any other in hie e country.
preliminary application for designation from the time the application is filed until
The intent of this Chapter is to preserve designated historic properties in rhea original locations the time action is taken on the application by the City Council. Aspen's preservation benefits are in response to tight historic preservation controls that have
as much of their significance is embodied in their setting and physical relationship to their been legislated by the City since 1972. The Community Development Department and Historic
surroundings as well as their association with events and people with ties to particular site. 4 ilia public hearing to consider the application for designation is not held by the Preservation Commission (HPC) are dedicated to assisting property owners in renovating arc
However, it is recognized that occasionally the relocation of a property may be appropriate as City Council within six (6)months of the initiation of the stay, the stay will expire. maintaining their property.
It provides an alternative to demolition or because it only has a limited impact on the attributes An additional six -month stay period may be approved by City Council in the form
that make it significant. of a resolution, at a public healing, with a showing of good cause. (Ord. No. l- Aspen is unique. Itshistonc resources and spirit of community have not beenduplicated anywhere
2002, § 7 [pant)) else in the world. It is this basic character that has helped make the City both economically vita;
A. Application. An application for relocation shall include: and cherished by many.
26.415.100. Demolition by neglect
1. The general application information required in Section 26 3104.030. All properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be
It is the intent of this Chapter to address the range of circumstances that affect the preservation eligible for the following benefits.
2. A written description and/or graphic illustrations of the building, structure or of the community's significant historic and architectural resources. It is further recogniz d that
object proposed for relocation. many historic buildings and structures are lost because of deterioration from lack of maintenance. A. Bbtark landmark Lot split. Properties lined on the Aspen Inventory of Historic
Whether this occur unintentionally or through deliberate decisions, the result is the same: the Landmark Sites and Structures may receive an exemption from the subdivision ant
thus of community assets. Consequently, It is declared that the exterior features of any designated growth management quota system, pursuant to Sections 26.480 and 2b470, allowing
3. A wnnen explanation of the type of relocation requested (temporary, on -site or building or structure shall be preserved against decay and deterioration and kept fire from owners of designated historic properties to create a second wit in addition to the historic
off-site) and justification for the need for relocation structural defects. The designated shucttoes shall receive reasonable care, maintenance and building on their lot through the subdivision of the property. Refer to specific zone district
upkeep appropriate for their preservation, protection, perpetuation and use. information in Chapter 26.710 for fluffier information. All parcels created through a
4. A writer tepon from a licensed engineer or architect regarding the soundness of Historic Landmark lot split shall retain designation on the Aspen Inventory of Historic
the building, structure or object, its ability to withstand the physical move and its A. Standards for nasanabk care and upkeep. Sites and Structures.
Habilitation needs, once relocated.
Ian for the receiving to providing 1 information on 1. The owner or such other person who may have legal possession, custody and I. An application for a lot split of a designated historic property may be filed by No
5. A conceptual a p ing s' pmvi g pre iminary control thereof of a designated property shall, upon written tten request by the City, owner by providing the standard infomation required in Chapter 26.304.
the property boundaries, existing improvements and site characteristics and the repair the following exterior features if they are found to be deteriorating m if
associated planted improvements. their condition is contributing to deterioration such that it re likely to compromise 2 The procedure for the review of a historic lot split application is a two-step process
the building's structural integrity 00 as to create or permit the creation of any including a public healing before the HPC and the City Council. Notice for
6. If the applicant does not own the receiving site, Woof from the sites property hazardous or unsafe condition to life, health or other property. These features these hearings includes publication, mailing and posting pursuant to Subsectior
owner of the willingness to accept the relocated building, structure or object. include, but are not limited to: 26.304.060.E.3 Paragraphs a b and e.
7. Evidence that the applicant has or is seeking the necessary approvals to place the a. Deterioration of exterior walls, foundations or other vertical supports that 3. Staff will review the submittal material and prepare a report with relevant
building on the identified receiving site. If the site is outside of the city limits, causes learning, sagging, spitting, lining or buckling. information and a recommendation to continue, approve. approve with condition
verification that the building will be preserved on its new site through a formal or disapprove and the reason for the recommendation.
action of the other jurisdiction or a preservation easement. b. Deterioration of flooring or floor supports or other horizontal members that
causes leaning, sagging, sphining, lining or buckling. 4. The HPC may approve a resolution recommending that City Council approve
8. Evidence of the financial ability to undertake the safe relocation. preservative approve with conditions or disapprove the application.
and repair of the building structure or object: site preparation and construction of c. Deterioration of external chimneys that cause leaning, sagging, splitting
necessary infrastructure through the posting of bonds or otter financial measures listing or buckling. 5. The Ci
deemed appropriate ry Council may, by ordinance, approve, approve with cos o'
disapprove the application
. Supplementary materials de an understanding of the larger teal for d Deterioration or crumbling of exterior plasten or mortars.
9
pp airy materia provide vg o anger con B. Increased density. Two detached single -family dwelling wits or a duplex may be
the relocated property and its impact on adjacent propevties, the neighborhood or
a Ineffective waterproofing of exterior walls, roofs and foundations. allowed on a smaller sized lot than is required for a non-designated properly. Refer to
streetsape including broken windows or dro¢ specific zone district information in Chapter 26 .710 for further information.
B. Procedure for the review of relocation request. f. Defective tection or lack of weather protection for exterior wall and C. Variances. Dimen sional variations are allo for is involving desi
pm pm pr Jec o 'in8 goa tee
ro
1. The Community Develo pmen pp tDirecmr shall review rhea lication materials of coverings, including lack of paint or weathering due to lack of paint properties to create development that is more consistent with the character of the historic property
or other protective covering. or district than what would be required by the underlying zoning's dimensional standards.
submitted for relocation approval. If they are determined to Inc complete. the
applicant will be notified in writing of this and a public hearing before the HPC Boning, holes and other farms of dam 1. The HPC may
shall be scheduled
g g y- y grant variances of the Land Use Cute far designated properties m
allow'.
2. Notice for the review of the relocation request shall include publication, posting h. Deterioration of exterior stairs, porches, handrails, window and door
frames, cortices, entablatures, wall facings ornamental trim and other a. Development in the side, rear and front setbacks;
and mailing pursuant Section 26.304.060.E3 Paragraphs a. b and a
architectural detains that cause dehamuation, instability, loss of shape and
form or crumbling. b. Development that does not meet the minimum distance requirements
3. If the relocation request re pan of a major development project, the Community between buildings;
Development Director may consolidate or modify the review process accordingly B Enforcement dares.
pursuant to Section 26.304.060.B. Pron
c Up to five percent (51s) additional site coverage;
4. Staff shall the submittal material and prepare a report that ly es the I. The HPC may file a petition listing specific defects in accordance with Subsection
26.4151 10A with the Chief Building Official requesting that the official act d Less o d for the on site relocation of commercia
shL'i project's conformance with the standards for relocation approval set fond behove, m m Hi pen space than required re relocation under the fallowing procedures require the correction of defects or repairs historic
the 0.ry Historic Preservation Design Guidelines and other applicable Land pope properties.
Code sections. This report will Inc transmitted to the H PC with relevant designated ales
information on the proposed project and a recommendation to continue, approve, Z. In granting a variance. the HPC must make a finding that such a variance.
disapprove or approve with conditions and the reasons for the recommendation. 2 Whenever a petition is filed.theChiefBuilding Official shall attempt to make direct
The HPC will review the ion. the n and the evidence presented at the M contact with h or other such persons hair ng legal possession
pp po preseu custody. ardor his representative. If contact cannot reasonably Inc
a. Is similar m the pattern. features and character of the historic property o
hearing t determine - [ih standards for relocation have been met. accomplished. then written notification of the specific defects puryoncd by the d tri [ ander
. P dies with conditions e the IIPC d quest to' inspect M1 property within t 110) der ill h mailed to
. The HP shell
approve. pP approve the and other h p g possession. d and d h Enhances or mitigates d impact t the Marne
application retain d'newl information necessary to make a decision lit
all be posted at n appropriate to the identified detects. In architectural character cf the h t propert. an ado n rig des gnaLL<
approte or den . L fi a . c !Mint-F-4-,dm, O l h ' 'ld+c the v dttttre .f:13 t.istoric properrt or hist,. district.
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Fri, Dec 17, 2010 13:05:19
5780704
Ad Ticket #5
A 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-m ANGELA SCOREY
Client:
Caller: Amy Guthrie City: Aspen
_Receipt State: CO Zip: 81611
Ad Name: 5780704D Original Id: 5780699
Editions: 8ATI/8ATW/ Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color: Issue 1
Copyline: pg 4 of 6 AspenModern Ord Rep: AT Legals
Lines: 0
- -
Depth: 13 —
r _rz t .
Columns: 5 - -
Discount: 0.00 - It4427 ===
Commission: 0.00
- —
Net: 0.00
Tax: 0.00 -
Total 394.55
_.
Payment 394.55 _
47= _
••=7"; .C4:1:-7,:gra_ - "1:
Ad shown is not actual print size
2. Standard of review: The standard of review for a determination of economic 'tall up' period ofhrhe City Council has expired 3 After receiving agreement from the owner, his representatives or other suet
hardship will be whether refining to allow the properly owner to demolish the persons having legal possession, custody and control of the property for ar
property would result in a violation of the prohibitions of the U.S. and Colorado C. Standards for Me relocation of designated properties. Relocation for a building, inspection the Chief Building Official and the HPC Officer shall within tenQQ
Constitutions against trking of private property for public use without just structure or object will be approved if it is determined that it meets any one of the working days conduct an investigation and prepare a written report determining
compensation as those prohibitions are interpreted by the cows of Colorado and following standards: whether the properly requires work to address conditions set, forth in Subaectlor
the United States. In applying the standards, the economic benefits of financial, 26.415.100.A.1.
developmental and technical assistance from the City and the utilization of any
I. It is considered a ncncontnbming element of a historic district and its relocation federal and state rehabilitation tax credit programs may be considered. will not aReet the character of the historic district or 4. If the property is found to contain conditions needing correction, the owner .
his representative or other such persons having legal possession, custody ant
3_ Applications control of the property will be served within fourteen (14) days with a complain
Z. It does not cute to the overall character of the n adverse district or parcel identifying the property deficiencies and providing notice that a hearing will be
on w is Loa a
which it is located and its relocation will not have an adverse Impact on the .
k Upon receiving a request for a certificate of economic hardship, the Historic District m held before a Hearn property; or H Officer of the City wi thin forty-five ( 45) des Ys The purpose
Cammuniry Development Director shall provide a written response within of the hearing is to:
fourteen (14)days as to the submittal materials required 3. The owner has obtained a certificate of economic hardship; or a. Receive evidence concerning the charge of deterioration and
b. Within five (5) days after receipt of an application for a eenificate 4 The relocation activity is demonstrated to be an acceptable preservation method
of economic hardship, the Commurdry Development Director shall b. Develop a plan and schedule for making the needed repair in a timely
given the character and integrity of the building, structure or object and its move
determine whether the application is complete. If he or she detertoi^es fashion, such that the building is stabilized and the deterioration is arrest..
will not adversely affect the integrity of the Historic District in which it was
that the application is not compute, the Director shall notify the applicant and
writing of the deficiencies. The Director shall take no further steps to originally located or diminish the historic, architectural or aesthetic relationships
process the application until the deficiencies have been remedied. ofadjacem designated properties; and c . Ascends whether the owmr or other parties intend to make application fol
0. The application fee shall be set to defray all costs of the review process,
Additionally, for approval to relocate all of the following criteria must be met: financial assistance from the Grymcorrcet he building defects.
including the fees of an independent hearing officer. 5. Follow
1. It has been determined that the building, structure or object is capable of Following such notice and hearing, the Hearing Officer will makeadnewvatior
withstanding the physical impacts of relocation: if there are any corrections required pursuant to Subsection 26 415.110.A.1 arc
4. Administrative process. shall state in writing the findings of fact in support of Mat determination. If it
is deo d that the building or structure is undergoing deterioration or if in
a. When the application is complete, the Community Development Director 2. An appropriate receiving site has been identified; and condition is is contributing to deterioration the owner or other parties of interest
will refer the application to the Historic Preservation Officer and the City will be saved an order to repair those defective elements of the structure within.
Attorney for review. The Historic Preservation Officer and City Attorney 3. An acceptable plan has been submitted providing for the safe relocation, repair reasonable specified time frame.
shall jointly prepare a report sening forth the City's response. and preservation of the building, structure or object including the provision of the
necessary financial security. 6. If the owner fails to make the necessary repairs within the identified time frame, the
b. In the event the City response concludes that the application does not City may undertake the work to correct the deficiencies that create any hazardour
demonstrate a case ofeeonomic hardshp, the application ads be set fora D. Procedures for considering request for relocation of properties under consideration and unsafe conditions to life, health and property. The expense of this work coil
public hearing before a hearing officer. for designation. While it is the intent of this Chapter to preserve properties of demonstrated be recorded as a lien on the peopenry.
significance, it is also recognized that all buildings and areas of importance to the general
0. The hearing officer will be contracted by the City k conduct an impartial welfare, Prosperity and civic pride of its citizenry cannot be identified, evaluated, documented C, Appeal Within thirty (30) days, the owner may appeal the decision of the Hearing Office'
and dedgmced at one time. However, it is important to protect properties which potentially w the Boad of Appeals and Examiners pursuant m the process established in Chapter 8.08 of Mir
quasi-judicial healing the question of economic hardship. P The Officer qualify for designation against needless loss until review and hearings can be completed.
Municipal shall have to sufficient legal and technical experience conduct a fair pal Code- (Ord. No. 1-
2002 §7lpartl)
hearing in accordance with appropriate standards of due process. The I. No relocation will be red for Hies under consideration for designation application all support materials and the City's report shall be provided to permitted pride 26,015,110. Benefits,
the hearing officer in advan ce of the hearing. At the hearing, the applicant to the Aspen Inventory of Historic Landmark Site and Structures unless relocation
will be provided with an opponwiry to present his application and may be approval is issued by the Historic Preservation Commission or City Council. The City is committed coproviding support to property owners co assist their efforts to maintain .
represented by counsel. The City position will be presented by the City preserve and enhance their historic properties. Recogr og that these properties are valuable
Anomey. 2. All properties under consideration for designation and therefore, subject to the community assets is the basic premise underlying the provision of special procedures anc
temporary stay of relocation will be identified on a list maintained by the Chief programs for designated historic properties and districts.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Building Official. Property owners will be notified by registered mail that their
Coon pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. Property is order consideration for designation and lave an opportunity to review Berefits to encourage good historic preservation wanner by the owners ofhinoric progenies an
1-2002, (7 [pen]: Ord. Nu. 30, 2007, §4) all materials compiled at that time to verify accuracy. important aspect of Aspen's historic preservation program. Historic resources are a valuable
an community assn and their continued protection is the basic premise supporting the creation of ar
'
16.415.090. Relocation of der' td properties. 3 . These procedures shall apply m any building located within an area under innovative o tr props 1 application for I desi application filed until package f preservation tools that are tWike an y other in Ose cow y.
preliminary gnomon from the time the a pp.ca noo n
fhe intent of this Chapter is to preserve designated historic properties m their original locations the time action is taken on the application by the City Council. Aspen's preservation benefits are in response to tight historic preservation controls that have
is much of their significance is embodied in their setting and physical relationship to their been legislated by the City since 1972. The Community Development Department and Historic
turroundings as well as then association with events and people with ties to particular site. 4 If a public heating to consider the application for designation is not held by the Preservation Commission (IIPC) are dedicated to assisting properly owners in renovating m.
4owever, it is recognized that occasionally the relocation of a property may be appropriate as City Council within six (6)montlu of the initiation of the stay, the nay will expire. maintaining their properly.
t provides an alternative to demolition or because it only has a limited impact on the anributes An additional six-month stay period may be approved by City Council in the form
hat make it significant. of a resolution at a public beefing, with a showing of good cause. (Ord. No. l- Aspen is unique. Its historic resources and spirit of ;Damning); have not been duplicated anywhere
2002, § 7 [part]) else in the world. h is this basic character that has helped make the City both economically vita
4. Applieati°a. An application for relocation shall include: and cherished by many.
26.415.100. Demolition by neglect.
1. The general application 'information required in Section 26.304.030. All properties listed on the Aspen Inventory of Historic Landmark Site and Sttuctmes may be
It is the intent of Ws Chapter to address the range of circumstances that affect the preservation eligible for the following benefits.
2. A written description and/or graphic illustrations of the building, structure or of the community's significant historic and architectural resources. It is further recognized that
object proposed relocation. many ltis[one buildings and structures are ion because ofdecenontion from lack ostructures temnce. A. Historic landmark lot split Properties listed on the Aspen Inventory of Historic
1 Propese Whether this occurs udmentionelly or through deliberate decisions, the result is the same: the Landmark Sites and Stmeimes may receive an exemption from the subdivision anc
A written explanation of the of relocation requested rem loss of community assets. Consequently, it u declared Inc t the exterior features of any designated growth management quota system, pursuant m Sections 26.480 and 26470, allowing
3
p type n (temporary, on -site or building or structure shall be preserved against decay and deterioration and kept free from owmen of designated historic properties to create a second unit in addition to the historic
off-site) and justification fm the need for relocation. structural defects. The designated structures shall receive reasonable care, maintenance and building on their lot through the subdivision of the property. Refer to specific roe district
upkeep appropriate for their preservation, protection perpetuation and use. information in Chapter 26.710 for fimher information. AR panels created through a
4. A written report from a licensed engineer or architect regarding the soundness of Historic Landmark lot split shall main designation on the Aspen Inventory of Historic
the building, simeture or object, its ability to withstand the physical move and its A. Standards far reasonable care and upkeep. Sims and Structures.
rehabilitation needs, once relocated.
I Ins for the receiving k di him frdormation on I. The owner or such other person who may have legal possession, custody and I. An application for a lot split of a designated historic properly may be filed by the
5. A conceptual p ing si providing preliminary control thereof of a designated properly shall, upon written request by the City, owner by providing the standard information required in Chapter 26.304.
the peopenry boundaries, existing improvements and site characteristics and the repair the following exterior features if they are found to be deteriorating or if
associated planned improvements. their condition is comribatvug to deterioration such that it is likely to compromise 2. The procedure for the review of a historic lot split application is a two-step proces:
the building's stmeturai integrity or as to create or permit the creation of any including a public hearing before the HPC and the City Council. Notice for
6. If the applicant does not own the receiving site, proof from the site's property Fazardom or unsafe condition to life, health or other properly. These features these hearings includes publication, mailing and posting pursuant to Subsection
owner of the willingness 10 accept the relocated building, structure or object. include, but are not limited to: 26304060.0.3 Paragraphs a, b and e.
7. Evidence that the applicant has or is seeking the necessary approvals to place the a. Deterioration of exterior walls, foundations or other vertical supp°ns that 3. Staff will review the submittal material and prepare a report with relevant
building on the identified receiving rim. If the site is outside of the city fo causes leaning sagging, splitting, listing or buckling. information and d reason eommwdo in k coif an approve with condition; verification that at bud will building rl preserved on its new site through a formal or disapprove and the reason for e the recommendation.
mn
an o
ion of the other jurisdiction ra preservation easement. rervatioo eem em. b. Deterioration of flooring or floor supports or other horizontal members that
camas leaning, sagging splitting, listing or buckling. 4. the HPC may approve a resolution, recommending that City Council approve
8. Evidence of inc financial ability to undertake the safe relocation preservation approve with conditions or disapprove the application.
and repair of the building, structure or object; mac preparation and construction of c Deterioration of external chimneys that cause leaning,
necessary infrastructure through the posting of bonds or other financial measures listing sagging. splitting,
appropriate x ^r buckling. 5. The City Council may, by ordinance, approve approve with conditions o'
disapprove the application.
d. Deterioration or crumbling of exterior plasters or mortars
9 Supplementary materials to provide an understanding of the larger context for B. Increased density. Iwo detached single - family dwelling arms or a duplex may be
the relocated properly and its impact on adjacent propenim, the neighborhood or Ineffective w to fin of exterior walls, roofs and foundations, allowed on a smaller sized lot than n d for a non-designated
streetsrape e. a ryrw g required gram property. Ref 0
including broken windows or doors. specific one district information in Chapter 26710 for further information.
B. Procedures for the review of relocation request. f Defective protection or lack of weather protection for exterior wall and C. Variances. Dimensional variation are allowed for projects involving designates
I. The Community Development fhrwkr shell review the application materiels roof coverings, including lack of pain) or weathering due to lack of paint properties to create development that is more consistent withthe chaacterofthe historic property
ry pp or other protective covering. or district than what would be required by the underlying zoning's dimensional standards.
submitted for relocation approval. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC g. Rotting, holes and other forms of decay. 1. Ha I1PC may t variances o th e Land Use Code for designated k
shall be scheduled. r Y xran grate properties
allow:
__ Notice for the review of the relocation request shall include publication. posting h. Deterioration of exterior stairs. porches, handrails, window and door
and mailing pursuant to Section 26.304.060.0.3 Paragraphs a, b and c. frames, cornices. entablatures wall facings ornamental trim and other a Development in the side, rear and front setbacks:
architectural details that cause delamiwtion instability, loss of shape and
form or marbling. b. Development that does not meet the minimum distance requirement n
3. If the relocation request is pa of a major development project, the Community between building..
Des elopment Director may consolidate or modify the review process accordingly B. Enforcement procedures.
pursuant to Section 26.304.060.B.
c. Up to five percent (5 %) additional site coverage;
4. staff shall review the submiml material and prepare a :port that analyzes the I. The HPC may file a petition listing specific defects, in accordance with Subsection
project's conformance with approval 26415.110.A, with the Chief Building Official, iegnesling that the official act d. Less open than required for Na on-site relocation of mmmemia
f th the standards for relocation a 1 set forth below, pen space
under the following procedures to require the correction of the defects or repairs to Itismnc Hies.
the City Historic Preservation Design Uuidet e and other applicable Land designated Hies. props
Use Code sections 11ds report will be transmitted to the HPC with relevant 6na grope
information on the proposed project and a recommendation to continue, approve. 2. In granting a variance, the HPC must make a finding that such a vaianw
disapprove or approve with conditions and the reasons for the recommendation. 2. Whenetera petition is filed, the Chief Building Official shall attempt°make direct
The HPC will review the application. there report and the evidence presented at the personal contact with the owner or other suc persons having legal possession
PP pe pream a Is similar to the pattern. features and character of the ksmric property m
hearing to determine if the standards for relocation have been met. custody nndion ks representative. If penomti contact e cts p reasonably be
district: t andeor
accomplished. then written notification of the specific defects purported by the
The HPC shall a disv with conditions continue the IIPC d request to inspect the proper' within t r 10: days ll be to
5.
pp pp '.P other h h 1 d control d b. EM r (g d t h historic significance
ppl ktma'a tmo .' needs k a cecson to p p v designate,.
povcorden n uele pp the hd t ' ht 't I h rr c h r cps per :: vd mile. _n of
.c he Chefrh.Lin is 1,11document he . .a tire - 'cplolK ■ .
" F
I
3. The procedures for the review of miner development projects are as follows: 4. Final development plan review. (3) Representations of building materials and finishes.
I a. The Community Development Director will review the application
materials and if they are determined to be complete, schedule a public a An application for a final development plan shall include:
hearing before the HPC The subject ptopeny shall be post pursuant to (4) Photographs and other exhibits to illustrate the proposed changes.
• Paragraph 26.304.060.E.3.b.
(1) The general application information required in Section
26.304.030. c. The Community Development Director shall review the applicatior.
b. Stadahall review the submittal material and prepare areport that analyzes materials submitted for approval of a substantial amendment and waive
the project's conformance with the design guidelines and other applicable and/or anY sir bmitt sary for consideration. If they are
will Land Use Code sections. This report l be trantransmitted transmitted m d the HPC with
relevant infor ation on the proposed project and a recommendation to (2) included a as Pan n of p f the elopm ure at m l //4" u 1 e and a addition(s) an be complete, the applicant not considered needs shall will be notified in writing oL W!
approve, disapprove or approve with conditions and the reasons for the a public to uc hearing erivg before the HPPC C shaall be scheduled.
recommendation. The 11PC will review the application, the report and the
evidence presented at the hearing to determine the project's confomiance (3) An accurate representation of all m jor building materials to be used d. Notice for the review of an application fora substantial amendment coif
with the City Historic Preservation Design Guidelines. in the development, depicted through samples or photographs. include publication, poring and mailing pursuant to Section 26 304.060
i El Paragraphs a, b and c.
c. The HPC shall approve, disapprove, approve with conditions or continue (4) A statement, including nemtive text or graphics, indicating how W application to obtain additional information necessary to make a a e. Staff shill review the submittal material and prepare a report that arulyzm
the final development as plan conforms to representations c made or
decision changes approved plans and how W
el%inn m approve m deny. If the application H approved, de HPC shall extent of the remavetoWa
' certificate of appropriateness and the Community Development stiPWatioos placed as a condition ofr be approval of the conceptual proposed revisions affect the project's conformance with the design
• Director shall issue a development order. development plan. guidelines and other applicable Land Use Codes. This report will be
transmitted to the HPC with relevant information on the proposed revisions
d The HPC decision shall be final unless appealed by the applicant or a b. The procedures for the review of final development plans for major and a recommendation to continue. approve, disapprove or approve wid
landowner within three hundred (300) feet of the subject property in development projects are as follows, conditions and the reasons for the recommendation-
I accordance with the procedures set forth in Chapter 26316.
1 D. Certificate of appropriaeoae for major development. (I ) The Community Development Director shall review the application f The HPC will review the application, die staff analysis report andW
1. The review and on the decision the issuance of a certificate of a materials submitted for final development plan approval. If they are evidence presented at the homing to determine the project's conformance
appropriateness determined to be complete, W applicant ll be notified in writing with the City Historic Preservation Design Guidelines- The HPC ma]
for major development shall begin with a determination by the Community of this and a public hearing before the 1 {YC shall be scheduled. approve, disapprove e, approve with conditions or make a decision the application
Development Director that the proposed project constitutes a major development Notice 06 the . 0 hearing shall be -tied t to Paragraphs to den additional information § 7 [ necessary b make a decision m a
A major development includes one or more of the foOOwl tivities pro" pursuant scary approve
°K a 26909.060.E.3a b and c- or deny_ (Ord No. 18002, § 7 [Part]; Ord 43, 2004. § 3)
The construction of a new structure within a historic district; and/or
t a 26. 415. 080. Demolition of designated historic properties.
(2) Surd shall review the submittal material and prepare a report that
b. Alterations to more than three (3) elements of a building fapade including
its windows, doors, roof planes or mammals, exterior wall material, analyzes the project's conformance with the design guidelines
and other applicable Land Use Code sections. This report will be It is the intent of this Chapter r preserve the historic and acbitecmml resources that have
demonstrated significance to the community. Consequently no demolition of properties'
dormers, porches, exterior staircase. balcony or ornamental aim; and/or transmitted to the HPC demon
PC with relevant information on the proposed designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed
1 c. The expansion of a building increasing the floor area by more than two project and th conditions continue,
approve and the reasons for the recommendation. unless approved by the HPC in accordance with the standards set forth in this Section.
hundred and fifty (250) square feet; and/or The HPC will review the application, the staff analysis re n
W A. P rocedure. for consider' requests for demolition of designated and the evidence presented vfith the at the hearing to determine anio ige mg vegan gaeted properties.
d. Any n w development Out has not Men determined to he manor projects conformance with tic City Historic Preservation Design
development Guidelines. 1. An application for a demolition permit for designated properties will be thee
with or refereed to the Community Development Director by the Chief Building
2. The procedures for the review of major development projects include a two-step
Otis of The applicant be provided a written response within fourteen t OW
al s
process requiring lan by eHPC al development Die and en (3) n may approve, disapprove, approve with io necessary nays of the nsi request a d for a demolition n pre Res the describing the msubmittal m
l material!
Lapel l development at a major w De D involves additional City make continue application tpm e or deny i11 the is
pm ncmsn ey needed for consideration.
Land , e h approve approvals, the onimuingl Development p ent velopmt u sctio may consolidate 60 or m a ake a decision If the application is
modify the review iew process lhe plan. process s a crrr accordingly, pursuant b Subsection 26.304 04 0 060.8. .8. to approved, the HPC shall a ti ll issue sue v a or ca a certificate of appropriateness and
the Community Development Director shall issue a development 2 An application for demolition approval shall include:
3. Conceptual development plan review order.
a An application for a conceptual development plan shall include the that a. The general application mfonration requested ed Section 26.304.010 am
f An application
written documentation at the Chief Building Official has determined W
(4) W A resolution of the HPC action will be forwarded to City
(1) The general application information required w Section Council in accordance with Section 26.415.130 and no permit will
building an imminent hazard or
26.304.030. be issued for construction of the project until the
thirty (30) day b. Narrative graphic text, illustrations or other R
exhibits that o evidence
(2) A site plan and survey showing property boundaries, e location 'ball up" period by City Cowed has expired
th that the building structure or object is of no historic or architectural value
and orientation of existing and proposed improvements and of imp Marne.
predominant site characteristics. (5) Before an application for a building permit can be submitted, a
final set of plans reflecting any or all required charges by W HPC 3. When complete application materials are on file a public hearing before the HPC
(3) Scaled drawings of all proposed srmelute(s) or addition(s) depicting or City Council must be on file with the City. Any conditions of shall be scheduled Notice for the hearing will include publication, mailing Inc
their form, including their height messing, scale, proportions and approval or outstanding issues which must be addressed in the field posting pursuant to Section 26 304 060 0.3 Paragraphs a 0 and c. The staff shall
roof plan; and the primary features of all elevations. or at a later time shall be noted on the plans. review the submittal material and prepare a staff report that analyzes the request
relative to the criteria for approval.
(4) Preliminary selection of primary building materials to be used in
construction represented by samples and/or photographs. E. Amendment, insubstantial and substantial There are two processes for amending
plans approved pursuant to e development order and an associated certificate of appropriateness. 4. the 11PC Shall review the application, the toff report and hear evidence presemec
b y app provide a visual descri ption of the All requests for amendments, substantial or substantial, mart be in waning and accompanied by determine the property owners, parties of interest and members ot'the general public tc
(5) Supplemental materials to ha fl if h
be the standards for demolition approval Men met. Demolition
i context s mrowding the designated hstoric property or historic d
gn nawing(s) and elevations as specified below.
PPmv
al have
district including at least one (1) of the following: diagrams, maps, shall be approved if it is demonstrated Oat the application meets any one of W
photographs, models or streeiscape elevations. 1. Insubstantial amendments. - following criteria:
(6) Verification that the proposal complies with Chapter 26.410, The been en determined to
Residential design standards or a written request for a variance a. Insubstantial amendments are minor modifications to HPC approved plans a to n safety and the ownerlappficavt is unable to make the needek
M the Ci ty be an imminent harem
i from any standard that is not being met. Rate public
repairs in a timely manner,
b. The procedures for the review of conceptual development plans for major (1) Address circumstances discovered in the course of construction b. The structure i %not structurally sound despite evidence of the owner
development projects are as follows: that could not have been reasonably anticipated doing the approval efforts to properly maintain the structure,
(I) The Community Development Director shall review the application processor
matenals submitted for conceptual or final development plan
The structure practically be
approval. If they are determined to be complete, the applicant c. pa Y appropriate location
will be notified in writing of this and a public hearing before the (2) Are necessary for cnnr ewith buildwg safety oracressibility m ASR^ or
HPC shall be scheduled. Notice of W hearing shall be provided codes and do not materially change the approved plans Of
pursuant to Section 26.304.060.2.3 Paragraphs a, b and c. d. No documentation exists to support or demonstrate that the property
(3) Approve specific building materials, finishes, design of ornamental has ldrnnc, architectural, archaeological, engineering or culture]
(2) Staff shall review the submittal material and prepare a report that trim and other such detail not provided in the HPC approved plans significance and
analyzes W project's conformance with W design guidelines or
and other applicable Land Use Code sections. This report will be Additionally, for approval to demolish, all of the following criteria must be met:
transmitted to the HPC with relevant information on the proposed
project and a recommendation to continue, approve, disapprove or (4) Change the shape, location or material of a building element or a. The structure does not contribute to the significance of the parcel orluaoric
I approve with conditions and the reasons for the recommendation. feature but maintains the same quality and approximate appearance district in which it is located and
The 11PC will review W application, the staff analysis report of that found in the approved plans,
and the evidence presented at W Waring to determine the
project's conformance with the City Historic Preservation Design b. The loss of the building, structure or object would not adversely affect
Guidelines. b. The Community Development Director may authorize insubstantial the integrity of the historic district or its historic, architectural or aesthetic
• amendments to approved plans. relationship to adjacent designated properties and
(3) The HPC may approve, disapprove, approve with conditions or
` continue the application to obtain additional information necessary. c. Monitoring committees established by the HPC, composed of up to two o_ Demolition of the structure will be inconsequential to the historic
to make a decision to approve or deny. (2) members of the Commission and the Historic Preservation Officer or preservation needs of the area
assign, may also authorize insubstantial amendments.
c. The effect ufa I of w development 5. The HPC shall approve, disapprove, approve with conditions o conri ue W
pprova conceptual pment plan is m follows: d. Decisions of tie Community Development Director or monitoring application to obtain additional information necessary to consider the demolitior.
n binding. mmittee s binding. The Community Development Director or request
pmen plan shall not constitute monitoring committee determine s proposed changes qualify as
` (p Approval o[ a conceptual development final approval of a major or development project or permission to substantial amendment and the matter to the HPC 6- If the HPC W demolition t then a resolution of the HPC artier.
proceed with the development Such lbonzation shall only a will be forwarded so the Ci Council in accordance with Section 26.415.120 air.
• constitute authorization to proceed with the preparation of an tY
application for a final development plan. e. Disapproval ofa request for an insubstantial amendment may be appealed no demolition permit will be issued until the thirty (30) day "toll up" period by
• to the HPC to be considered in accordance with the procedures for Ciry Council has expired.
(2) Approval of a conceptual development plan shall be binding upon substantial amendments.
HPC in regards to the location and form of W envelope of the 7. If the demolition request is denied because it does not meet she aforementionec
, smcture(s) and /or addition(s) as depicted in W conceptual plan f Approval of insubstantial amendments of plans will be mooned to to HPC standards, the applicant may request demolition approval based upon a finding of
application including its height, scale, massing and proponions.14o W m
their regularly scheduled meetings. "ecmmic hardship, " a set forth below.
1 changes will be made to this aspect of the proposed development
by the HPC as pan of their review of the final development plan 2. Substantial amendments. 8. Before a demolition pemit will be issued, a certificate of appropriateness for the
unless agreed to by the applicant. If the applicant chorus to makes redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, run
substantial amendments to W conceptual design after it has been a All changes m approved plans Oar marginally modify W location, size, be approved. Wben a demolition pen nit must be issued because the building.
approved, a new conceptual development plan hearing shall be strewn= or object is an imminent hazard or because of the issuance ofa certificate
required as o n materials, detailing or appearance of the ba a elements of economic hardship, the permit may
• gsily depicted must be approved by W 11PC a substantial . Y be received Rim so sal approval of a
(3) Unless otherwise specified In the resolution granting conceptual amendment. acceptable cruse Plan.
development plan approval, a development application for a final B. Procedures for obtaining certificate of economic hardship.
development plan shallbe submitted udOmrone (1)year of the date b. An application for a substantial amendment shall dude W following gaco pr-
ofapproval ofaconcepjdevelopmeatplan Failure to file such malends, as determined appropriate by the Community Development
an application within this time period shall render null and void Director 1. Purpose: his the policy of the City to respect pnvea property rights. 'Ile Cip
the approval of the conceptual development plan. The Historic recognizes, therefore, that there may be ome cimumsanees in which theopemtio
Preservation Commission may, at its sole discretion and for good (1) A revised site plan. of this Chapter could create an undue economic hardship. This provision li
use shown, grant a one-time extension of the expiration date for
created to provide property owners with a means ed 10 demolish that such a
w conceptual development plan approval for up to six (6) months hardship may exist and that they should be allowed so deolish a designates
provided a written quest for extension is received no less than (2) Revised coaled elevations and drawings. historic property because of that headship. It is the intent of this Provision m
thirty (30) days prior to the expiration date. insure that no private propeny is token without just compensation.
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Fri, Dec 17, 2010 13:05:45
5780711
Ad Ticket #5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail: ANGELA SCOREY
Client:
Caller: Amy Guthrie City: Aspen
_Receipt State: CO Zip: 81611
Ad Name: 5780711D Original Id: 5780704
Editions: 8ATI/8ATWI Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color: Issue 1
Copy line: pg 5 of 6 Aspen Modern Ord Rep: AT Legals
. r r
Lines: 0
Depth: 13
Columns: 5
Discount: 0.00 ±717.7t7trez.,1--Eti:
Commission: 0.00
Net :=:^1
0.00
Tax: 0.00
Total 394.55
_
Payment 394.55 r1:1*--1:2"ter-rt2
t'‘ r z t tr-r - ;
Ad shown is not actual print size
7
Commercial designated historic properties may move waivers of payment -in -lieu fees for procedures set forth in Chapter 26916. Sending Sites shall include all properties within the City of Aspen designated st
parking reductions. Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites the
I B. Notice to City Council. Following the adoption ofa resolution approving, approving Strnctures. and those properties identified on the AspenModem Map, in hich the development
The parking reduction and waiver of py nifin-lieu fees may b pp 'd upon a finding by the with conditions or disapproving development ppl ation for a certificate of appropriateness of a single-family or duplex home is a permitted use, according t Chapter 6.710, Zone Dtsmcts
I IPC that it will enhance or mitigate an adverse impact on the historic significance architectural for major development, demolition approval or relocation approval ofa designated property, the Properties on which such development is a conditional use shall t be I'gibl _ Sending Sit.
Refute Chapter designated historic p pert, an adjoining designated property historic district. HPC shall promptly notify the City C ilofiInction to allow the City Council an opportunity- may also be established through adoption of a Final PUD Development Plan. pursuant to Chapte
p 6.56 for further informauon to avail itself of the call -up procedure set forth in Subsection 26415.120.0 and D. 26445.
E Conditional A - ' ry f conditional uses arc allowed for designated historic C Call-up. lh City Counc l may order call up f y ti taken by the I IPC Sending sites shall remain eligible for all benefits bonuses en. allowed properties designated
properties. l'M1ese uws are identified in Chapter 20.710. described in Section 26.415 070 within thirty (30) days af the decision w
action or delerm'i on. Historic Landmark after establishment of transferable development rights, pursuant to Chapin
Consequently no associated permits can be issued during the thhry (30) day call -up period 26 -415.
F. Floor area bonus.
Receiving Sites shall include all properties in the City ofAspen permitted additional development
D. City Council action on appeal or c.B Thety C l half consider the om rights for extinguishment of a Hist TDR is Chapter 26 .710 Zone Districts. Aproperty may
1 Iv selected circumstances the HPC may grant up t live hundred (500) ' dd'C I on the record established before the I IPC. The C Gry Council shall affirm the decision f the also be designated as a Receiving Site through adoption of a Final PUD Development Plan
square feet of allowable floor area for projects involving designated historic HPC unless there is a finding that there was a denial of due process or the HPC has exceeded pursuant to Chapter 26.445.
properties. To he considered for the bonus, r must be demonstrated that: its jurisdiction or abused its discretion 'The City Council shall take such action as is deemed
necessary to remedy said situation including, but not limited to: The allowable development extinguishmentof a llistone TDR Certificate vanes depending upor
a The design of the projecr meets all applicable design guidelines; L the rube district d elopeRlwSeeandche use o the land. Chapter r x e rte Districts
Reversing the decision. describes the development t allowance for each Historic TDR Certificate extinguished. b. 1 he historic building is the key element ofthc property and the addition is
incorporated in a manner that maintains the visual integrity of the historic 2. Altering the conditions of approval. A Historic TDR Certificate may be sold, assigned, transferred or conveyed. „artier of Title
building; shall be evidenced by r th
assignment of ownership on e actual certificate document Upor
3 Remanding the application to the HPC for rehearing. (Ord. No. 1- 2002, §7leanj< transfer. the new owm m may request the City ref az
the certificate knowledging the nets
e. the work restores the existing portion of the building to its historic Ord No. 52 -2003, § 10) owner. Re-issuance shall not require re-adoption ofan rdiwnco.
appearunee,
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe 01
26.415.130. Variances by other City review bodies. guarantee the monetary value ofa Historic TDR Certificate.
d. The new construction is reflective of Oe proportional patterns found in the
historic building's font maenals or openings; If an application for iance involving a designated properly is before the Board of Adjustment The Community Development Director hall establish policies d p dures not inconsistent
or the Planning and Zoning Commission, the HPC will be given the opportunity to make a with this Chapter for the printing of certificates, their sal keeping, distribution recordation
e. The construction materials arc of the highest quality; written recommendation as to its approval. The Board of Adjustment or the Planning and Zoning control, and extinguishments.
Commission will not take action on said development application for a variance pursuant to (Ord No. 54 -2003. §§ 4, 5; Ord No. 16 -2008)
C An appropriate transition dennestheoldandnew portions of the building; (1M1aPmr20.)14.without receiving the written recommendation from
the HPC (Ord No. 1-2002
§ 26.535040. Authority.
1 The City Council, in accordance with procedures, the procedures, standards and limitations of this CM1epte'
g. The project rearms a historic outbuilding: anion 26.415.140. Penalties. and of Chapter 26304. Common development review procedures shall approve or disapprove
pursuant m adoption of an ordinance, a land use application for the establishment of historic
d Notable historic site and landscape leatures are retained. nanafraMC tlwelo to
An person violating the provisions of Sections 26415.070 through 26.415.100 will be subject to preen rights The Mayor In aaordance with the s, standards arc
the general penalty provisions of this Title. limitations ollhls Chapter and of Section 26.304, Common development l review s
.- Granting of additional allowable floor area is not a matter of light but is contingent validate and issue historic TDR certificates, pursuant o a validly adopted ordinance_
ur n the s discretion of the HPC and the Commissions assessments of the A. Additional penalties. Addit penalties for the violation o[ Sections 26.415.070
1s of the proposed project and its ability to demonstrate exemplary historic Ihe Community Development Director, in accordance with the procedures. standards an
preservation practices. Projects that demonstrate multiple elements described through 26.415.100 include: limitations of this Chapter and of Section 26304, Common development review procedures
Apse will have a greater likelihood of being awarded additional floor area. shall approve or disapprove a land use application for the exlinguisnentofhistoric transferable
1. Any person who constructs, ahem, relocates, changes the appearance or demolishes development rights. (Ord. No. 54- 2003, §§ 4,5)
m grant a Boor area born for major development projects will occur
designated property in violation of any section may be required to restore the
3. The decision
building structure or setting to its appearance prior to the violation. 26.535.050. Procedure for establishing historic development
as pan of the approval of a Conceptual Development Plan, pursuant to Subsection
26415.070.D The floor area bonus may also be approved as pan of a Historic right certificate.
Landmark Lot Split Review No development application that includes a request 2. Following notice and public hearing, the HPC shall prohibit the owner, successor The following steps are necessary for the issuance of a City historic transferable developmen
for a floor area bonus may be submined until after the applicant has met with or assigns from obtaining a building permit for the subject property for a period right certificate'.
the HPC in ork session to discuss how the proposal might meet the up to bonus of to tent 10) years from the date of the violation. The City shall initiate
consideratimisw proceedings to plate a deed marietlon on the property to ensure enforcement of Preappfieatiov conference. Properly o interested in the City's historic TIME •
this penalty The property owner shall be required to maintain the property during program are s,
urged to with a ember of the Community' Community' Development
that period of time In conformance with the Standards for reasonable care and Department to clarify the process, benefits and limitation m
of the progra-
O. Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management quota upkeep set forth in Subsection 26.415.100A.
sysmm and have reduced impact mitigation requirements. Refer to Chapter 26.470 for further Owner can pied by n. An a s oon for the issuance ze a historic TDR c e sendie site of
information. e. Any van or historic preservation benefits previously granted to the property only be accepted by the City onsubmr on ofanomnnd affidavit from the sending she
properly owner signifying understanding of the following concepts: i
may be subject to revocation. (Ord No. 1 -2002, § 7 pa])
•
H. Waiver of impact fees. Designated historic properties may be eligible for wai, er of A deed restnetion will permanently encumber the sending site and restrict that
Impact Fees Reler lo Chapin 26.610 for further in[oematioa Section 2: property's development rights to below that allowed by right by zoning according
Chapter 26.420, Benefits is hereby deleted in in entirety. The content of the Chapter has been to the number of historic TDR certificates established from that sending site.
1. Rehabilitation loan fund. City Council may approve interest loan in an amount Imported into Chaps. 26415, Historic Yreten2tion
up to my -five thousand dollars ($2500000) for y pmifirty that is in violation of Sectthn For each certificate of development nght ' ed by the City for the particular
26.413100 of the Land Use Code, Demolition by Neglect, to fund other rehabilitation k beetinn l
which '. considered necessary for the preservation t f designated tru t To be Chapter 26.535 T f bl Development Rights (TDR) is hereby amended to allow pro ones ending sae ]hat property shall he allowed t hundred and fifty (250t square fee
li - tile for this benefit, a perry owners all show evidence of These one-time on the A Mod m Map to be sending y are no to less of floor area, as permitted according to the property's wig, as emended.
6 pre h rye° p vg s tes for TDRS even if the t designated the
e
lours shall be repaid at the time of transfer-of-title or by the end of ton (10) years, whichever Aspen Inventory of Historic Landmark Sites and $imeN[n. The Chapter is hereby amended to The sending site n shell have authority m. Ole manner in whicF
read as fllowa: n8 property owner
comes first. Chapter 26.535 the certificate of development right is used by subsequent owners ofthc historic
TDR Certificate.
J. Conservation easement TRANSFERABLE DEVELOPMENT RIGHTS ]TOR)
program. The City may accept square footage 'Conservation Easement" from section
property owner who wishes m forgo any of the allowed square footage he they property in Sec. 26.515 010 propose Application for issuance of historic TDR certificate. An applicant shall supply the
a pro
exchange for a federal tax deduction. A deed restriction shall be filed on the site to show that Sec. 26.535 020 necessary application materials, identified in Section 26.535.090, Application materials,
t is limited. The five hundred (500) 'Terminology
pmen ( ) squan foot floor area bonus provided Sec. 26335 030 Applicability and prohibitions along with applicable review Gas
future development
in Subsection 26415.120E of the Land Use Code cannot be donated as a conservation easement Sec. 26.535.040 Authority City review and • 1 of application. The Community Development Department S - 26.535050 Procedure for establishing an historic transferable pplcaa cp
R City-owned buildip City give priority in the assn development certificate shall review the application for according m the t a review o andards identified in Section
ryurvv g rehabilitation food. The a i shall ureen right ce e 26335.070, m nd Renew the criteria fou Council. The of a historic TDR and shall (pr r
management glance budgeting the funds necessary to adequately maintain, rehabilitate or restore Sec. 26.535.060 Procedure for extinguishing an historic transferable rrecommendation to the City Courxil. The Ci Council shall approve on disapprove the
City owned designated properties. development right certificate ec° ry City
establishment
Sec. 26.535.070 Review criteria for establishment ofan historic review standards of Identified historic in S c 26te by 070 Rea of an ordi f ore t bl ls h me to tfe
L. Transferable Deveb t t TDR . Pursuant Cha resew standards ae in Section not hall Review cation, ur uanl 10 M1ra xag of
Development A Right (TDR). Chapter k Sites arod S uctu owners transferable development ff eim right historic TDR The mower of public write shall be publication, pursuant m ParagrapF
seer and convey, ontipsArydeelopmory of g t,u n devLandmaro Sims aced d may Sec. 26335.080 Reefer cneedjaeloxt
ain nghmmt o[an kstoric 26304.060.E3a
sever cad miry, as a separate the Cit devdopmm right, redeveloped floor era to ar developed ti a Implication development
mammals
right
ditawt property witi the City. Refer to Section 26310, Zone UisMCts foelWcrinf information Sec. 26.535090 Application mammals Scheduling of closing date. Upon satisfaction of all relevant requirements,
on landing sties for hDRS. Sec 26.535.100 Appeals the applicant shall establish a date on which the respective historic TDR certific tes shat:
M. Tax credits hcatiwr. Community Develo 26.515. 010. Purpose. be validated and issued by the City, and edeed restriction on the property shall be acceptec
PP ty pment smH s hall assis[ property owner by the City and filed with the Cowry Clerk and Recorder.
The in participating in State and Federal Rehabilitation Tax Credit programs by helping with the purpose of this Chapter is to encourage the preservation of historic landmarks, those
on o
fisted p par tion of application maters d raking the nece ssary reviews to t obtain Properties listed the Aspen Inventory of Historic Landmark Sites and Structures and those
g rtes h on the Closing. On the mutually agreed upon closing date, the Mayor shall execute and delrvn
n fi twenty percent A t percent (2Uv/) tat habilitation income tax credit y be available R °Pe on e en Pe nModem Ma P' walim th C' t. b Y Permitting those propenry the applicable number of historic TDR certificates to the property owner, and the
for locally designated properties and may be combined with a twenty percent 20 Federal °I' rs to sever and corny, m a separate development right undeveloped fluor arse m be property ( ) wner shall execute and deliver a deed restriction lessening the available development
Income Tax Credit which may be available for income producing properties listed on the National developed onadiHmeot property within the City. The pmgrem ,sy go standard mmket forces night affix sending site together with the appropriate fee for recording the deed restnctoor
Register of Historic Places- and the demand for residential its '10built unity floor area, to accomplish a comm goal of preserving Assppeen's with the County Clerk and Recorder's Office. (Ord. 54- 2003, § §4, 5)
henmge as rflected in built environment
• h
N. Community- jvitiated development. The City hall consider n (Ord. No. 54 -20 3, § §4, 5; Ord. No. I6-2008) 26.535.060. Procedure for eegv
ztikhiog historic transferable ty s pportunities to he involve) nigh
in public-privately funded rehabilitation efforts, building expansion, or mfill projects that 26.535.020. Terminolo dneb pmw t tcertifinte
demnnstmk grad historic preservation practices. gy' The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Establishment ofa TDR. The process of creating an historic TDR certificate in exchange for
0. Budding cedes. The Iiternanoral io n to the Code (IBC) provides for flexibility in its a property owner lesseng the allowable development on an historic property (the sending site) Pri a conference. Property owners interested in the City's historic TDR
application to historic structures. In addition to the IBC, the City has adopted the Ivwmttiowl enough a permanent deed restriction. program m ni rc encouraged m meet wlih a ember of the Community Development Existing Building Code (IEBC) to assist owners in making repairs w a maven that minimizes
Department process, benefits and limitations of We . Applicants t
intrusion into the historic structure. Eafi hmeet n p to clarify the pmgrm pp scans are
guu of a TOR. The process of the allowable development on a properly encouraged to meet with the v City Zoning Officer and review potential develo t I
(inc receiver site), as permitted in the Zone District, the redemption of an historic TDR then playa
District, en
P. Contractor training. The Community Development Department shall provide periodic certificate. m wane Ihe additional dedevelopment right can be properly incorporated on ire receives
workshops for contractors on proper preservation techniques, using grants or other sources of ate.
riding. Historic transferable development right certificate (historic TOR certificate). An havocable Associated planning reviews. An applicant must gain all other necessary approvals fm
assignable pro arty right which allows a certain amount of development, which may be conveyed the proposed development, as established by the Tide.
Q. Cultural heritage tourism. Through grants or other sources of funding, the City may separate property in which it has historically barn associated (der sending sire) and
facilitate collaborative partnerships amwg tourist industry sector, historic property owners which may be used to increase development rights on another property (the receiver she). TDR Application for building permit An applicant shall submit the necessary materials for
and cultural heritage attractions to creek a marketing strategy and marketing prod «¢ to attract certificates shall require execution by the Mayor, pursuant to a validly adopted ordinance. a building pewit, pursuant to Section 26.304.075, Building pewit.
visitor interested in the distinctive historic character ofAspen.
Receiver site. A
property on which developments rights are increased in exchange for the City Confirmation of historic TDR certificate The applicant shall submit inc requisite
R. Preservation hovorwarda. The AScen Hismnc Preservation Commission shall t extinguishing an historic TDR certificate held by to developer of de properly. Receiver sites are historic TDR certificates, and the Ciry shall confirm its or their , authenticity
Presen al referred to as landing saes.
annual awards to recognize exemplary historic preservation efforts in the City.
Sending site. The designated historic landmark property, on property identified on the Crory renew of application. The Cmmnuniry Development Department shall review tM
5. Historic markers. Through grams or other sources of fimdiing, the City may provide a AspenModem Map, being preserved by reducing its allowable floor area in exchange for the City application according to the review standards identified in Section 26.535.070, Review
historic marker ofa standard design for any owner ofa designated historic pmpeny who desires esiablishin and issuing historic TDR certificate. (Ord. 54- standards for extinguishment of a historic TDR
a marker m install on their building. The City may also develop gan ngan ( 2003, § §4, 5)
ya pa maker or signage program to
recognize desigrated historic districts 26 535030 Applicability and prohibitions. Extinguishment t for i a development an ec Prior t d d f } of
Ms chapter hall building P pm t ven site requiring th Imp - cen t f.
5 d and properties a rt eligible f the rig i pert eligible f of tofu TDR DRCrtfi a it ifinale to the known historic ityRhereupon the e applicant
certificates s d m assign ms nark requisite g tno u ish e d TDR Reepiop
26 415120 Appeals, norm to City City Council d n p rig Sites, pe Aspen H t ' TDR n f t rem cs a
a may only 1DR s City City wnere a in n the additional s de el "extinguished." inc property
fen Receiving S't sty e fA ID r y oniy h d within the shall permanently maintain h development 1 p tot benefit of the extinguished TDR
rylimits of the Cry fA Aspen, hereinafter or in unincorporated PitkniC ty , if d cording to the development all for TDR pursuant to Section 26710 Zorn
:J enp en 1 d n rated cenlwtc of app px. ss farm it development. "be Pa ntlb the Pk County land Use PTkiv Cowry lDRS are eligible fo Districts. The property °wart may, at their discretion recent a confirmation letter fray
,apps I approt a, rnaa In bppaaied ta b. m na Con il b 1 pl c "'Shmentw mm ihe(¢a'S'rc the Community Development D I acknowledging the extinguishment of the TDltrs
n r t r .t_ h n.m ash. l s L =
e t.nc..tusin rJd No. a4 t .n4,a,
r
.
a t
established by this Title, have been obtained.
26.535.70. Renew criteria for establishment of• historic transferable 2. Written response to each of the review criteria. (Ord. No. 54- 2003, § §4, 5)
development right. D. The applicant has submitted the requisite authentic historic TDR cenficaes for
redemption 26.535.100. Appeals
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to An applicant aggrieved by a determination made by the Community Development Director .
adoption of an ordinance, finds all the following standards met: E. The applicant has submitted the necessary materials for a building permit on the pursuant to this Section, may appeal the decision to the City Council, pursuant to Ole procedure!
receiver site, pursuant to Section 26301075, Building permit and the additional development and standards of Chapter 26.316,Appeals.
The sending site e in a historic landmark or property s (demised the enMOuant can be accommodated on the receiver site in conformance with all other relevant requirements.
M zpap10onlopmetf amgle sr fm or duplex ex dev l is permitted c m use, on An applicant e cisio by a o o ten by the City Council, 54-2003, this Section
to Chapter e 6 g1 Zone Districts. . Properties on which such M1 development is s a conditional use itio use R Prior is and a condition of, issuance of a building permit for a development may appeeal l the decision to a coon curl of competent ] urisdiction §
(Ord. No. 54 -2003, §5)
shall all rim be eligibll , de e. requiring h the n iuishmo of historic TDR certificates, libentar shall assign and heliver
authentic uhem cefi the ic certificates to M1e Ci the
ty whereupon the <enifi e raks ifi shall be marked "extinguished Chinon s
i n'ieall n st h a
either
It is demonstrated that sending has permitted permitted un development rights, ) s for Ifds ordinance shall pro net i effect on under or b
r litigation and shall not a ne aastemem
either a single-family oor duplex home, , eer n of R c or exceeding two hundred and d li fifty (250) square ex G. TTC Community Development Director shall issue a Inver confirming t h e n f prany d the proceeding hew w pendi ng und ud virtue the pordinances rmmes amended as hewn'
nded
feet of floor r area ea multiplied by by the number of historic MR certificates s requested. rguis sit of the TDR certificates wi the available and increasing deomeyt rights of provided. action or
the same a shall o sM1allM�m
construed and ronr cormlWtd muter r su nuch prior ordinances. ordinances. the
the site. The re appn tea t t shall wish to record this document with th
r hie County Clerk and
C. It is demonstrated that the establishment of TDR reactio will create
not quares ota ffr lenthelalltipulote re a di aclutlmeto n r areall id ad airy S xii se cR merffiecry
n cicfnnnco N . o n cases where a nonconformity ncodormirmity alreaa dy exists, the action n s shall n not increase reu t the e a u square fwfootage r increase the allowable Herr area, iceing h hie Zone e Di shic siietst and l a lain hr valid u
o subsection, anc
sea, o, phrase m poni0n of s p is for any eear
specific wncormiry. a of the e am en t et seat th site at the time wfbr floor arambm! n re site shall remain invalid i independent rcoandi n cowl purt of o an dsh of affect of uch ch portion shall be deeme
use to amendments as to the allowable floor r area and eligible for r c /
certain floor area incentives held
separatee, distinct and provision aM provision shell 11 not affect the validity of the remaloM1g
D. The analysis of o t development nght shall only include the actual built mid/or /m exemption as may he authorized m ed by the City Land Use Cod may be amended from portions thereof
development, any approved development order, the allowable pmeal right fthe s end by time time. The form of the confirmation lever . shall be acceptable to the City Attorney.
zo
rdng fora single - family or duplex residence, and shall not include clude the potential of the sending Seaton 6' Recordation
site to gar floor area bonuses, exemptions or similar potential development incentives. H. The development allowed on the receiver site by extinguishment ID
of historic R That the City Clerk Clark s directed open the adoption of this to s Ordwmce, resod a copy 0(l1d!
certificates shall be at allowed in Chapter Zone 26.710, Zone Daniels, ts, according to 10 the Zone District Ordinance th the office of the Pi &in County Clerk and Recorder.
6. Any development order to develop floor a beyond remaining n legally connected and the land u or m otherwise specified in a final PUD plan for the receiver site and shall not
to the property after esm er Certificates, coned blisism
a mCIDR Certifices, shall be considered null and void_ permit the unction of a nonconforming use or structure. (Oct. No. 542003, § §4, 5; Ord. No. Section 7' Pub ge the e
16-2008) A public hearing on n the City ca dulled held on the 22nd day of November, 2010, in the CiCity R
TM proposed deed restriction permanently restricts the maximum development of Cowell Chambers, rs Aspen n City ry Hall, I, Aspen, o, fifteen (15) days prior to which hearing s •
ahe ilyord nc (the sendingsite) row allowable floor area
y(250) squaeThe
exceeding the allowance for a single- 26535.090. lopetioamat public notice of the same was published in 0 newspaper of general circulation within the City 01
family or duplex ran idee Rcertificates hundred and fifly(250)square feet 0f floor area multiplied A. contents ofa development applicationun10esnblishan historic TDR Certificate shall be Aspen.
by the number of historic TDR enablished. as follows:
1. The genwal t earioa information required in Common dev elopment review
For Properties with multiple or unlimited poor areas for certain types of allowed uses, the procedures. Chapter 26304. INTRODUCED. the D ORDERED PUBLISHED n provided by law, by Conner
City CDUf
maximum pmenmfthe property, independent of the established property use, eiM of the City ofAspen on on the day of ,2010.
floor f a single-family et of or duplex number is permitted) minus two hununddrered d fifty 2. A notarized affidavit from the sending site property y own signifying
square
1250) square feet of floor area multiplies by the cumber ofhidoric IDE cenificatesestabllshed. acknowledgment of the following:
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage a. A deed reshfaion will permanently encumber the sending site and restrict
reduction from the allowable floor area fora single- family or duplex residence, as may be That properly s development rights to below that allowed by right by zoning Michael C. Ireland, Mayor
mended from time to tine. The sending site shall remain eligible for cenain floor area incentives according to the number of historic TDR certificates established from that
and/or exemptions as may be authorized by the City Land Use Code, as may be amended from seadig site. ATTEST:
time to time. The form of the decd restriction shall be acceptable to the Ciry Attorney.
b. For each certificate of development right issued by the City for the
0. A real estate closing has been scheduled at which, upon satisfaction of all relevant particular sending site, that property shall be allowed two hundred and fifty Kathryn Koch, City Clerk
requirements, the City shall execute and deliver the applicable number of historic lUR certificates ( 250) square feet less of floor area, as permitted according to the property's
to the sending site property owner and that properly owner shall execute and deliver a deed zoning, as amended
restriction lessening the available development right of the subject property together with the FINALLY, adopted, passed and approved this day of __ , 2010.
appropriate foe for recording the deed restriction with the Cowry Clerk and Recorder's office. r. The sending site property owner shall have no authority over manner in
which the certificate of development right is used by subsequent owners of
H. It shall be the responsibility of the sending site property owner to provide building the historic TDR certificate.
plans and zoning analysis of the sending site to the satisfaction of the Community Development
Dirmtor. Certain review fees may be required for the confirmation of built floor area (Ord. 54- 3. A site improvement survey of the sending site depicting: Michael C. Ireland, Mayor
2003. §§ 4, 5)
a. Existing natural and man -made site features. ATTEST:
26.535.080. Review criteria for extinguishment ofa historic transferable
development right. b. All legal casements and restrictions.
Historic TDR renifieates may be extinguished to accommodate additional development if the 4. Dimensioned, scaled drawings of the existing development on the sending site and Kathryn Koch, City Clerk
Community Development Director finds the following standards have been met: a floor area analysis of all stmclures thereon.
A. The receiving site isnot restricted by a prescribed floor area limitation or the restricting 5. A proposed deed restriction for the sending site. APPROVED AS TO FORM:
document permits the extinguishment of historic TDR certificates for additional development
rights. 6. Written response to each of the review criteria.
B. The receiving site and is eligible t0 receive an increase in development rights as B. The contents ofa development application to extinguish an historic TDR certificate shall John Worcester, City Attorney
specified in Chapter 26 .710, Zoning Districts, according to the Zone Distnet and the land use or be as follows:
as otherwise specified in a final PUD plan for the property. Published in the Aspen Times Weekly on November 7, 2010.
1. The necessary application materials for a complete building permit submission
C. All other necessary approvals for the proposed development an the receiver site. as pursuant o Section 26.301.075, Building pemrlt.
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5780721
Ad Ticket #5
Acct 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-m
na an. •1. ANGELA SCOREY
Client:
Caller: Amy Guthrie City: Aspen
_ Receipt State: CO Zip: 81611
Ad Name: 5780721D Original Id: 5780711
Editions: 8ATI/8ATW/ Class: 0990
Start: 11/07/10 Stop: 11/07/10
Color: Issue 1
Copyline: pg 6 of 6 AspenModern Ord Rep: AT Legals
Lines: 0
Depth: 7
Columns: 5
Discount: 0.00
Commission: 0.00
__....... .
Net: 0.00
Tax: 0.00
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Total 21245
1 Payment 21245
Ad shown is not actual print size
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Commercial designated historic properties may receive waiver of payment -in -lieu fees for procedures set forth in Chapter 26316. Sending Sites shall include all properties within the City of Aspen designated as a Historic
' parking reductions. Landmark, those gvP.aim listed on the Aspen Inventory of Historic Landmark Sites anc
B. Notice to City Council. Following the adoption ofa resolution approving approving StructUlts, and those properties identified on the AspenModem Map. in which the development
IN parking reduction and waiver of payment-in-liar fees may be approved upon a finding by the with conditions or disapproving a development application for a certificate of appropriateness ofd single - family or duplex home is a permitted use. according to Chapter 26.710, Zone Districts
• HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural for major development, demolition approval or relocation approval of a designated properly, the Properties on which such development is a conditional use shall not be eligible. Sending Sim
character of a designated historic property. an adjoining designated property or a historic district HPC shall promptly notify the City Council of its actien to allow the City Council an opportunity may also be established through adoption of a Final PEI) Development Plan, pursuant to Chapin
Refer to Chapter 26.515 for further information to avail itself of the call-up procedure set forth in Subsection 26415i 20.0 and D. 26445.
E. Conditional A variety - f conditional uses are allowed for designated historic C. Call-up. Thc City Council may order call up of any action taken by the HPC as Sending sins shall remain n eligible for all benefits, bonuses etc_ allowed properties designated r
properties. these are identified in Chapter 26.]10. described in Section 26.415070 within deny (301 days el the decision, a ction or determination. H n Landmark drier establishment of transferable development rights, pwsuevl to CM1epte
Consequently no associated permits can be issued during the thirty (30) day call-up period 26 L415
F. Floor area bonus. Receiving Sites shall include all properties in the City ofAspen permitted additional development
D. City Council action on appeal or call-up. The City Council shall consider the application rights for extinguishment of a Historic TDR is Chapter 26.710 Zone Districts. A property may
I. In selected circumstances, the HPC may grant up to five hundred (500) additional on the record established before the HPC The City Council shall affirm the decision of the also be designated as a Receiving Site through adoption of a Final PIID Development Plan
square feet of allowable floor area for projects involving designated historic HPC unless there is a finding that there was a denial of due process or One HPC has exceeded pursuant to Gaper 26445.
properties. To be considered for the bonus, it must be demonstrated that its jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation including, but not limited to: The allowable development extinguishment of a Historic TDR Certificate varies depending upor
1
a. The design of the project meets all applicable design guidelines; the zone district of the Receiving Site and the use of the land Chapter 26710, Zone Districts
1. Reversing the decision. describes the development allowance for each Historic TDR Certificate extinguished
b. The historic building is the key clement of the pmpery and the addition is
building, comer Altering the conditions of approval. A Historic TDR Certificate may be sold, assigned, transferred or conveyed . Transfer of Tilly ated In a roamer that maintains the visual integrity of Me historic — 6 prf° l shall be evidenced by an assignment of ownership on the actual certificate document Upor
3. Remanding the application to the HPC for rehearing (Ord. No 1 -2002, § 7 [part]; 'mast- 'the new owner may request the CM' re-issue the certificate acknowledging the new
M No. 52 -2003, § 10) owner. Re- issuance shall not require re- adoption of an ordinance.
I 0. The work restores the existing portion of the building to its historic
appearance; The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
1 26.415.130. Variances by other City review bodies. guarantee the monetary value ofa Historic TDR Certificate
d. The new construction refixtiveorthe proportional patterns found in the
historic building's form, materials or openings; Ifanapplication for a variance involving igaa property is before the Board ofAdjumnent The Community Development Director shall establish policies and procedures not inconsisten!
1 ngadesi red
m the Planting and Zoning Commission, the HPC will be given the opportunity to make a with this Chapter for the punting of certificates, their safe - keeping distribution. recordation
1 e. The construction materials are of the highest quality; written recommendation as to its approval. The Board of Adjustment or the Planning and Zoning control. and extinguishmenls.
1
Commission will not take action on said development application for a variance pursuant to (Ord. No. 54 -2003, §§ 4, 5, Ord. No. 16 -20081
f An appropriate transition defines the old and new portions of the building; Chapter 26314, without receiving the written recommendation from the HPC. (Ord Not 1 -2002
§2 (Pali]) 26.535.040. Authority.
The City Council, in accordance with the procedures, standards and limitations of this Chapter
6. The project retains a historic outbuilding; and/or 26.415.140. Penalties. and of Chapter 26304, Common development review procedures, shall a
preen Dr «e approve or disapprove .
i
pursuant to d pion or an h ordinance, a land use application for the establishment of historic
Notable historic and ld ft
. site anansmpe features are retaitntl. M lain the t f bl development rights. The Mayor, in accordance with the procedures, standards am
i Any violating p f Sections 264150]0 through 26.415.100 will he subject to limitations litasChepterand of Section 26304, Common de'elopmenrmviewprocedures. shad'.
2 Granting of allowable of but is contingent the general penalty provisions of this Title. validate and issue historic TDR certificates, pursuant to a validly adopted ordinance.
upon the sole discretion of the HPC and to 's e Commission assessments of the
i merits of the proposed project and Its ability to demonstrate exemplary IJStone A. Additional penalties. Additional penalties for the violation of Sections 26415 070 The Community Development Director, in accordance with the procedures, standards anc
preservation practices. Projects that demonstrate multiple elements describe O ugh 26.415.100 include, limitations oC this Chapter and of Section 26304, Common development review procedures
above will have a greater likelihood of being awarded additional floor area shall approve or disapprove a land use application for the extinguishment of historic transferable
1. Any person who constmets,alters, relocates, changes the appearance or demolishes development rights. (Ord No. 54- 2003,§ §4,51
3. The decision to grant a floor area bonus for major development projects will occur a designated property m violation u! any section may M requied to restore the
building, structure or setting to its appearance prior to the violation. 26.535.050. Procedure for establishing a historic transferable development
as Dan of the approval of d Conceptual Development Plan,pmsmnt to Subsection
26413070D. The floor area bonus may also be approved as pan ofa I listono right certificate.
Landmark Lot Split Review. No development application that includes a request 2. Following notice and public hearing, the HPC shall prohibit the owner, successor The following steps are necessary for the issuance of a City historic transferable development
• for a floor area bonus may be submitted until after the applicant has met with or assigns from obtaining a building permit for the subject property for a period Oki certificate'
t the HPC in a work session to discuss how the proposal might meet the bonus of up to ten 1101 years from the date of the violation- The City shall initiate
m considerations. proceedings to place a deed restoration on the property to ensure enforcement of PreapPhntion conference. Property owners historic interested in the City's historic TDR
this penalty. The property owner shall be required to maintain the property during program are encouraged to meet with a member of the Community Development
1 that period of time in conformance with the Standards for reasomble care and Department to clarify the process benefits and limitations of the program
G. Exemption from growth management quota system requirements. Certain types of upkeep set forth in Subsection 26415.100A .
development on designated historic pmpentes are exempt from the grorhh management q uota Owner confirmation M application for the issuance ofa historic IDR certificate shall
system and have reduced impact mitigation requirements Refer to Chapter 20470 for further hi be accepted b Omd
o y by City upon submission of a notarized affidavit from the sending sic
itJOmatien. 3. Any ay be subject revocat preservation nlOrd. M1cei- 21102,r §)[Panllrantedmthe property property owns signifying understanding of the following concepts
H. Waiver of impact fen Designated historic properties may be eligible f waiver of m A deed restriction will permanently encumber the sending site and restrict tha
Impact Fees. Refer to Chapter 26 610 for further infommtion. Penn °> property development rights to below that allowed by right by zoning cording
Chapter 26.420, Benefits is hereby deleted e t entirety_ The content of the Chapter has been to the he f historic TDR certificates t allowed from that sending . ire
1 Rehabilitation loan fund City Council may approve interest loan in an amount imported into Chapter 26.415, Historic Poeservaiim
up 10 twenty-fire thousand dollars 1825000.001 for any property that is in violation of Section For each certificate of development right issued by the City for the particular
26.415.100 of the Land Use Code Demolition by Neglect, or to fund other rehabilitation work Chapter tS 26 515. Transferable bevel g t hereby amended m allow sties sending site. that property shall be allowed two Naked and fifty (2501 square fu
which is considered necessary for they i restoration of a designated structure. TO be Development Rights TUR)is hereb hope less of floor area as permitted according to they property's ening, as amended
eligible f r this benefit, a property owner shall show es'dence of financial need. These one-time
on the AspeMlodem Map to he surfing sties for TDR even i(tlmy are not Designated to the
loam shall be repaid at the time of tansferof -title or by the end of ten (10) years, whichever Aspen Inventory of Historic Landmark Sites and Slmcnues. the Chapter is hereby amended m The sending site property owner shall have no authority over the manner in which
comes first.
read as fellows. the certificate of development right is used by subsequent owners of the historic
Chapter 26.535 IDR certificate.
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
• J. Conservation easement program. The City may accept a "Conservation Easement" from Sections.
a property owner who wishes to forgo any of the allowed square footage on the[ properly in Sec. 26.535 010 Application for issuance of historic TDR certificate. An applicant shall supply du
exchange fora federal tax deduction. A deed restriction shall be filed on the site to show that Sec. 26.535 020 ermino logy necessary application materials identified in Section 26535 090 Application materials
along with applicable review fees. future development is limited. The five hundred (500) square foot floor area bonus provided
in Sec. 26.535 030 Applicability rit ad prohibitions I
Subsection 26.415.120E of the and Use Code be e cannot domed as a conservation easement Authority Sec. 26.535.040 Authority
Sec. 26.535050 Procedure far establishing historic transferable City and approval of application. to The Community nd Development in
R City-owned betiding rehabilitation fund. The City shall give shall review the application according m the f ho adores iadiifid m Se
priority in the asset development right certificate 26535070, nm en R t r establishment et a bi t TDR and shall fi re v e t e
I 6menipanmbdgopert the funds recessarymodequatNy marnarn ,rehebnitatemrestore See. 26.535.060 Procedure ni gh celilmatan historic transferable bllmenetiof to the TDR certificate The Gryopmnilfa lydpmvcordin the
City-owned designated properties development t
Review certificate establishment wdar&i historic c Tn Section 26te byadoption e[ aniemnmrreaccording u tfe
Sec. 26.535.070 Recif criteria for establishment Oran historic review standardsie manner of public notice R
shall be publication for establishment lohme t a
agtp1
L. pmp eferabh listed on the Aspen s n (TDB). f Historic co Chapter 26.535 of this Corfu, owners transferable criteria firemen fight per per gray
I historic TDR. The marmer elf blic voria aM1all he bliniiom ptnrsuant m Pare
seer and eo listed a on nvey, as a separate parate development Inventory right u Mstoec L pad floor area Sites o to be developed may Sec. 26.535 080 Review ecriteria elop of m historic 2604 .060 E.3.a.
nd coed nundeveloped eloped Dorea be developed on a transferable development right
different property within the City. Refer to Section 26710, Zone Districts for tiddler information Sec. 26.535.090 Application materials Schdulug of closing date. Upon satisfact ion of all televaat requirements, the City are
on landing sites for TDRS. Sec. 26535.100 Appeals pp historic TDR certificates shall
rhea applicant shall date on his
26.535.010. Po be validated bCity and issued by the City, and a deed restriction
rde on the property shall beaceeptee
M. Tax credit tat an d Federal Community Development staff shill assist property owner r l s " by the City nd filed with the County Clerk and Recoder.
in participating in Stat an Fedral Rehabilitation Tax Credit programs by helping with the PtoWs15 or this Chapter is a encourge the preservation and k of historic landmarks, thou
f f application t pd'es fisted on the Aspen Invent of Historic Landmark Sites and Structures and Nose
preparation o ma erials, undertaking the necessary reviews to assist in obtaining pro Closing. On the mutually agreed upon closing date, the Mayor shall execute and deliver
certification A twenty percent (20 %) state rehabilitation income lax credit may be available properties identified o nv the s. as 8 s eem Map, within the City by permitting those property the applicable number of historic 1 DRdrtificates to the property owner, and the property
owners to sever and
for locally designated convey, as a separate development right, undeveloped Boor area to he
y gm pmpemes and may be combined with a twenty percent (20'0) Federal owner shall execute and deliver a deed restriction lessening the available envelopment
Income TaxCredit which may niacin developed on adiffuwt property within the City. The program enabled standard market mg she together appropriate fee for recording the deed resMetlm
Register of Places w
y be available for income pr 6Propenles listed National right and the demand for residential floor area, to accomplish a eommurdy goal of preserving AS oflhesend' re to ether with the (Ord 2003, § §4, 5)
gis heritage as reflected in its built enviroeenvironment. Dens with the Cow Clerk and Recorder's Office. d. 54-
N. Community-initiated development. The City shall consider opportunities to be involved (Ord. Na 54 -2003, § §4, 5; Ord. No. 16 -2008) 26.535.060. Procedure for extiaguhhidg • historic transferable
in public-privately Imded rehabilitation efforts, building expansion or iNrll projects that 36.535.020. Termmalo development right certificate.
demonstrate good historic preservation practices BY' The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Establishment of • TOR. The process of creating an historic TDR certificate in exchange for
n 0. Building codes. The International Building Code (mC) provides for flexibility in its a property owner lessening the allowable development on an historic property (the sending site) Preapplcation conference. Property owners interested in the City's historic TDR
application to historic structures. In addition to the IBC, the City has adopted the International through a permanent deed restriction. program are evco urged to meet with a member of the Community Development
Existing Building Code (1EBC) to assist owners in making repairs toe marker that minimizes
intrusion into the hismn<simeme. Extinguishment of a TDR. The Department to clarify the process, benefits and limitations of the program. Applicants are
• guie process Zone District through the redemption of an historic ase of increasing the allowable development on to 0 01008 ed to meet with the City Zoning Officer and review potential development plane
•
(the receiver site), as permitted in the hr TDR ensure the additional development right can be properly incorporated on the receiver
P. Contractor training. The Community Development Department shell provide cenodic certificde site.
workshops for contrarian on proper preservation techniques, using grants or other sources of
fmdlun. Historic transferable development light certificate (historic TDR certificate). An irrevocable Associated planning miens. An applicant must gain all other necessary approvals for
assignable property right whichallows a certain amount of development, which may be conveyed the proposed development, as established by this Title.
Q. Cultural heritage tourism. Through grants or other sources of funding, the City may
separate from the popery in which it has historically been associated (the sending site) and
facilitate collaborative partnerships tourist industry sectors, historic which may be used to increase development rights on another property (the receiver site), TDR PD nary materials toot
parme ps among try property owners Application for building permit. An applicant shall submit the necessary
and cultural heritage amaztidn to create a marketing strafe certificates shall require execution by the Mayor, pursuant to a validly adopted ordinance. g permit.
strategy and marketing products to attract a building pemd, pursuant to Section 26.304.075, Buildin t.
visitors interested in the distinctive historic character of Aspen. Receiver site. A rt which developments are increased props y on pments rights ar w exchange for the City Confirmation of historic TDR certificate. The applicant shall submit inc requisite
R. Preservation honor awards. The Aspen Historic Preservation Commission stall present extinguishing an historic MR Cedifiwte held by the developer of property. Receiver sites are historic TDR certificates, and the City shall confirm its or their, authenticity.
also referred to as landing sires.
annual awards to recognize exemplary historic preservation efforts in the City.
Sending site. The designated historic landmark property, review of application. The Community Development Department shall review the
5. Historic rocker. Through s 0r other sources of funding, the City property, or property identified tin the application according to the review standards identified in Section 26.535 090, Review
ugh gran g, ymay provide AspenModem Map, being preserved by its allowable floor area in exchange for the City standards for extinguishment of a historic TDR.
historic marker of a standard design for any owner ofa designed historic property who desires establishing and issuing an historic TDR certificate. (Ord. 54 -2003, § §4, 51
marker to instill on they building. The City may also Develop a marker or sigmge program to Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance 01
recognize designated historic distracts. 26 535030 Applicability and prohibitions. a building t f development it th di
Tin chapter hall apply to properties eligible f - of Historic TDR Certificate, known 6 perm requiring TDR extinguishment of a
historic TDR certificate, pai h
he applicant shall g the
certificates shall he marked ti gui li TDR e prop
certificate,
E6 property
known 26.415.120. .120. Appeals, , notice m City CoCouncil and call up. Seel Sending Receiving and properties
C s pie for the extinguishment e s may Historic only - TDR Certificate, to the City en ly ml de velopment benefit o( marked flog d.' The erty
s t h v i Sims. City Cry of I Ir
s hereinafter indicated. TDR r nif n t e he o n
Co y f the stall petmanemanta n hie edditadditional etla ti 2 6 shed TDR
A. Appal An b y th HPC pp " g pp g N tit d pP f ry i 'a f ih Ciy o pe P P tk County. if according to the development allowance 1 a TDR pursuant i Section 2! 210 Zone
u -I t order d aced certificate fappn t malt dude _ hepermitted b h k County lad Lse Lode. Ptikm Canar IO are not elgbelien D.incts. The
p zl numbr wtl property discretion, record t: t It fror
I T loran .pry. t he. e . f r a p' e 1 t El, COmmun t D 'npn em D4u. rkn w ed.:r pt ecxt lu s. s f.he M1-05
Pau: w�. ro .�sn e
me qJ Ihre Jim r+lrc _,v Ltc Ir 11 1511,, oJ wt ill' Lu -- t r Ow rauty .v_ 1111.1. 4.. H-2001..* 4. 5 ,
f
established by this Title. have been obtained.
26535.070. Review criteria for establishment of a historic transferable 2. Written response to each of die review criteria. (Ord. No. 54-2003, §§4, 5)
development right D. The applicant has submitted the requisite authentic historic TDR certificates for
redemption. 26.535.100. Appnh
A historic TDR certificate may be established by the Mayor if the Ciry Council, pursuant to An applicant aggrieved by a determination made by the Community Development Director .
adoption of an ordinance, finds all the following standards met: E. The applicant has submitted the necessary materials for a building permit an the pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedure!
receiver site, pursuant to Section 26304075, Building permit and the additional development and standards of Chapter 26.316, Appeals.
A. The sending site is a historic landmark or property identified on the AspenModem can be accommodated on the receiver site in confumance with all other relevant requirements.
Map, on which the development of single -family or duplex residence is a permitted use, pursuant An applicant aggrieved by a determination made by the Ciry Council, pursuant to this Section
to Chapter 26 .710, Zone Districts. Properties on which such development is a conditional use F. Prior to and as a condition of issuance of a building permit for a development may appeal the decision to a cowl of competent jurisdiction. (Ord. No. 54 -2003, §5)
shall not be eligible. requiring the extinguishment ofa historic TDR certificates, the applicant shall assign and deliver
the authentic certificates to the City whereupon the certificates shall be marked "extinguished." 5orlion 4: Exhtiaa 1 iIieation
B. It is demomnated that the sending site has permitted unbuilt development rights, for This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
either a single- family or duplex home, equaling or exceeding two hundred and fifty (250) square G. The Community Development Director shall issue a letter confirming the of any action or proceeding now pending under or by virtue of the ondhances amended as hereir
Het of floor area multiplied by the number of historic TDR certificates requested. extinguishment of the TDR certificates and in erasing the available development right; of provided and the same shall be construed and concluded under such prior ordinances.
the receiver site. The applicant may wish to record this document with the County Clerk and
It is demonstrated that the establishment of TDR certificates will rot create a Recorder. the confirmation letter shall not stipulate an absolute total floor area, but shall stipulate Safio. Y 9everability
nonconformity. In cases where a nonconformity already exists, the action shall not increase the a square footage increase from the allowable floor area, according to the Zone District and land If any section subsection, sentence, clause, phrase or portion of this ordinance is for any reasor
specific nonconformity_ use of the receiver site at die time of building pamit submission The receiver site shall remain held invalid or utcomTmtional in a court of competentjutisdiction, such portion shall be deemec
subject to amendments to the allowable floor area and eligible for certain floor area incentives a separate, distinct and independent provision and shall not affect the validity of the remaining
D. The analysis of unbuilt development right shall only include the actual built and/or exemptions as may be authorized by the City Land Use Cale, as may be amended from portions thereof
development, any approved development order, the allowable development right prescribed by time to time. The form of the confirmation letter shall be acceptable to the City Attorney.
zoning for a single- family or duplex residence, and shall nut include the potential of the sending Stella. 6: Recordation
site to gain floor area bonuses. exemptions or similar potential development incentives. Fi The development allowed on the receiver site by extinguishment of historic TDR That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of tat
certificates shall be that allowed in Chapter 26 .710, Zone Districts, according to the Zone District Onliance in the office of the Pitkin County Clerk and Recorder.
E.
Any development order to develop floor area, beyond that remaining legally connected and the land use or as otherwise specified in a final PUD plan for the receiver site and shall not
to the property after establishment of TDR Certificates, shall be considered null and void. permit the creation of a nonconforming use or structure_ (Ord. No. 54- 2003, §§4, 5; Byrd. No. Ration 7: Public Hearing
16 -20081 A public hearty on the ordinance shall be held on the 22nd day of November, 2010, in the City
P The proposed deed restriction permanently restricts the maximum development of Council Clambers, Aspen City Hall. Aspen, Colorado, fifteen (15) days prior to which hearing a
the property (the sending site) to an allowable floor area not exceeding the allowance for a single- 26.535.090. Application materials. public notice of the same was published in a newspaper of general circulation within the Ciry of
Madly or duplex residence minus two hundred and fifty (250) square fret of floor area multiplied A. The contents of a development application to establish an historic TDR certificate shall be Aspen
by the number of TDR certificates established. as follows:
1. The general application information required in Common development review
For properties with multiple or unlimited floor areas for certain types of allowed uses, the procedures, Chapter 26.304. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Counci:
maximum development of the property, independent of the established property use, shall be the of the Ciry of Aspen on the day of ,2010.
floor area of a single - family or duplex residence (whichever is permitted)m us two hundred Thy 2. A notarized affidavit from the sending site property owner signifying
( 250) square feet of floor area multiplies by the number of historic TDR certificates established. acknowledgment of the following:
The deed resoiction shall not stipulate an absolute floor area, but shall stipulate a square footage a. A deed reshiction will permanently encumber the sending site and restrict
reduction from the allowable floor area fora single-family or duplex residence, as nay be that property's development rights to below that allowed by right by zoning Michael C. Ireland, Mayor
amended from time to time. The sending site shall remain eligible for certain floor area incentives according to the number of historic TDR certificates established from that
and/or exemptions as may be authorized by the Ciry Land Use Code, as may be amended from sending site. ATTEST:
time to time The form of the deed restriction shall be acceptable to the Ciry Attorney.
b. For each certificate of development right issued by the City for the
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant particular . sending site, that property shall be allowed two hundred and fifty Kathryn Koch, City Clerk
requirements, the City shall execute and deliver the applicable number of historic TDR certificates ( 250) square feet less of floor area as permitted according to the property's
to the sending site property owner and that property owner shall execute and deliver a deed zoning, as amended.
restriclion lessening the available development right of the subject property together with the FINALLY, adopted, passed and approved this day of , 2010.
appmpriatr fee for recording the deed restriction with the Corry Clerk and Recorder's office. c. The sending site properly owner shall have no authority over the mama in
which the certificate of development right is used by subsequent owners of
H. It shall be the responsibllily of the sending site property owner to provide building the historic TDR certificate.
plans and azoning analysis of the sending site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54- 3. A site improvement survey of the sending site depicting Michael C. Ireland, Mayor
2003, §§ 4, 5)
a. Existing natural and man -made site features. ATTEST:
26335.050, Review criteria for extinguishment ofa historic transferable
development right. h. .411 legal easements and restrictions.
Historic TDR certificates may be extinguished to accommodate additional development if the 4. Dimensioned sealed drawings of the existing development on the sending site and Kathryn Koch, Ciry Clerk
Community Development Director finds the following standards have been met: a floor area analysis of all structures thereon.
A. The receiving site is not restricted by a prescribed floor area limitation or the restneting 5. A proposed deed restriction for the sending site. APPROVEDAS TO FORM:
document permits the extinguishment of historic TDR certificates for additional development
rights. 6. Written response to each of the review criteria.
B.
The receiving site and is eligible to receive an increase in development fights as B. The contents of a development application to extinguish an historic TDR certificate shall John Worcester, Ciry Attorney
specified in Chapter 26.710. Zoning Districts. according to the Zone Disuia and the land use or be as follows:
as otherwise specified in a final PI11) plan for the property. Published in the Aspen Times Weekly on November 7, 2010.
1. The necessary application materials for a complete building permit submission,
C. All other necessary approvals for the proposed development on the receiver site, as pursuant to Section 26.304.075, Building permit.
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Saving a couple of lines on an ad could cost a lot more than a
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