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HomeMy WebLinkAboutordinance.council.011-87 ORDINANCE NO. I c~ ~ (Series of 1987) co ~ AN ORDINANCE OF THE ASPEN CITY COUNCIL REPEALING AND RE- ENACTING SECTION 24-9 OF THE MUNICIPAL CODE, HISTORIC DESIGNATION WHEREAS, the City Council of Aspen, Colorado (hereinafter "Council") deems it to be in the best interests of the City of Aspen to repeal and re-enact Section 24-9 of the Municipal Code; and WHEREAS, Council has made the following findings with regard to said Code amendment: 1. The Aspen Area Comprehensive Plan: Historic Preserva- tion Element, adopted on October 7, 1986, contained an implementation program including: creation of proce- dures for review of demolition and removal of historic structures, creation of procedures for sunsetting or extension of Aspen Historic Preservation Committee (hereinafter "HPC") approvals, and study of historic district expansion. 2. The City is presently involved in a code simplification effort to make the code more understandable. As part of this effort, it is recognized that the format of Section 24-9 should be consistent with the rest of the code; and the processes and standards for historic designation and development review should be clarified for the benefit of City decision-making entities, property owners and the general public. 3. The administration and decision-making functions of the HPC, Planning and Zoning Commission and City Council as related to Section 24-9 should be clearly defined so to assist in making designation and development review processes comprehensive, fair and expeditious, 4. The development review processes should be expedited through assignment of responsibilities to the Planning and Development Director and giving HPC greater flexibility to approve minor development projects in a one-step review process. 5. Development guidelines for historic landmarks and development within historic overlay districts should be approved by Council and utilized by HPC in the review processes. 6. The purpose of the demolition review is to provide a process of obtaining agreement between the City and owner with regard to the most appropriate use and preservation plan for the structure whenever possible, and to avoid the imposition of economic hardship on the owner of the structure. ; and WHEREAS, having received and considered the recommendations of the Aspen Planning and Zoning Commission, Council desires to repeal and re-enact Section 24-9. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1 That Section 24-9 of the Municipal Code of the City of Aspen, Colorado be repealed and re-enacted to read as follows: ARTICLE IV. HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS Sec. 24-9.1 Purpose. The purpose of this article is to: (a) Ensure the preservation of Aspen's character as a his- toric mining town because of its importance to the economic viability of the community as an inter- national ski resort and cultural center. (b) Promote the cultural, educational and economic welfare of Aspen through the preservation of historic struc- tures and areas and the preservation of the historic character of the community. (c) Encourage productive and economically attractive uses of historic structures. (d) Support the implementation of the Aspen Area Comprehen- sive Plan Historic Preservation Element. Sec. 24-9.2 Administrative and Decisionmaking Entities. 2 (a) General. The purposes of this article shall be carried out by the city Council, the Planning and Zoning Commission, the Historic Preservation Committee (HPC) and the Planning Director. (b) city Council. The City Council shall have the following powers and duties in regard to this article: (1) Approval of the designation of H, Historic Overlay Districts and Historic Landmarks, Sec. 24-9.3 (b) (6); (2) Review of appeals from decisions of the HPC conditionally approving or disapproving an application for development or demolition, or suspending action on a demolition application, Sec. 24-9.7; and (3) Adoption of Historic District and Historic Landmark development guidelines, Sec. 24-9.4(d) (2). (c) Planning and Zoning Commission. The Planning and Zoning Commission shall have the following powers and duties in regard to this article: (1) Recommendation of approval or disapproval of the designation of an H, Historic Overlay District or Historic Landmark to the City Council, Sec. 24- 9.3(b) (5) . (d) Historic Preservation Committee (HPC). (1) Powers and duties. The Historic Preservation Committee (HPC) shall have the following powers and duties in regard to this article: (i) Recommendation of approval or dis- approval to the Planning and Zoning Commission and the City Council of the designation of Historic Landmarks and an H, Historic Overlay District, Sec. 24- 9.3(b) (4); (ii) Review and approval, approval with conditions, or disapproval of develop- ment involving a Historic Landmark or development within the H, Historic Overlay District, Sec. 24-9.4; (iii) Review and approval, approval with conditions, or disapproval of demolition 3 582 involving a Historic Landmark, or any structure within an "H" Historic Overlay District or any structure rated as a "4", or a "5" by the HPC in its evalua- tion of the inventory of historic sites and structures of the City of Aspen, as periodically amended, Sec. 24-9.5; (iv) Periodic evaluation of the inventory of historic sites and structures, Sec. 24- 9.3. (v) Recommendation of approval, approval with conditions, or disapproval to the Board of Adjustment on a request for variance involving a Historic Landmark or development in the H, Historic Overlay District, Sec. 24-9.8; (vi) Recommendation to the City Council of Historic District and Historic Landmark development guidelines, Sec. 24- 9.4(d) (2); and (vii) Recommendation to the Planning and Zoning Commission to initiate amendments to this article, Sec. 24-9.3(b). (2) Qualification for Membership. Members of the HPC shall be qualified electors in Aspen and residents for two (2) years prior to appointment. (3) Membership: Appointment, removal, terms and vacancies. (i) The HPC shall be composed of seven (7) members and three (3) alternate members, and shall be appointed by the City Council. Nominations for membership shall be presented to the City Council by the Aspen Historical Society and the community-at-large, and through personal application. Each member shall hold office for a term of three (3) years. An alternate member shall attend all meetings and shall be allowed to vote in the absence of a regular member. There shall be no restraint on the number of terms any member may serve. When a regular member resigns, the alternate member with the most seniority on HPC shall automatically be appointed as a 4 aao regular member in replacement. (ii) The HPC, to the extent practicable, shall be composed of persons with expertise and experience in architec- ture, landscape architecture, city planning, history, real estate, finance, law, fine arts, general contracting, commerce and industry. (iii) Members shall serve in accordance with the laws of Colorado and may be removed before the expiration of their appoint- ment, by a majority vote of the City Council. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the City Council shall terminate the appointment of such person. (iv) Members shall serve without compensa- tion. (v) At the first regular meeting in August, the members of the HPC shall elect one (1) of their members as Chairperson and one (1) as Vice-Chairperson. In the absence of the Chairperson, the Vice-Chairperson shall act as Chair- person and shall have all powers of the Chairperson. The Chairperson shall be eligible for re-election. (vi) The Chairperson of the HPC shall admin- ister oaths, shall be in charge of all proceedings before the HPC, shall decide all points of order on procedure, shall transmit reports and recommendations of the HPC and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the HPC. (vii) The Secretary of the HPC shall be the City Clerk or the City Clerk's designee. The Secretary shall keep the minutes, mail notices of regular meetings to members three (3) days in advance, mail notice of special meetings, serve personally or leave notice at members' usual place of residence two (2) days in 5 advance, and maintain the files of all - studies, plans, reports and recommend- ations made by the HPC. (viii) Any member of the HPC who has four (4) or more absences from regular meetings during the calendar year may be subject to removal by the City Council. (4) Staff. The Planning and Development Agency shall be the professional staff of the HPC. A represen- tative of the Planning Office and a representative of the Building Department will be available at all meetings to provide advice to the HPC. (5) Quorum and necessary vote. No meeting of the HPC shall be called to order, nor may any business be transacted, without a quorum consisting of at least four (4) members being present. All actions shall require the concurring vote of a simple majority of the members of the HPC then present and voting. (6) Meetinqs, hearinqs and procedure. (i) Regular meetings of the HPC shall be held on the second and fourth Tuesday of each month. Special meetings may be called by the Chairperson or a majority of the members. (ii) All meetings and hearings of the HPC shall be open to the public. (iii) Public hearings shall be set for a time certain. (e) Planning Director. The Planning Director shall have the following powers and duties in regard to this article: (1) Exemption of development within an H, Historic Overlay District, Sec. 24-9.4(c); (2) Approval of minor modifications to a development order, Sec. 24-9.6; (3) Approval of minor modifications to a development order for demolition, Sec. 24-9.6; and (4) Provision of planning and technical assistance, including recommendations to the HPC, the Planning 6 and Zoning Commission and the City Council in regard to this article and informing HPC regarding historic preservation items being heard by other City boards in advance of those hearings. Sec. 24-9.3 Designation of H, Historic Overlay District, or Historic l~ndmarks and Establishment of Inventory of Historic Sites and Structures. (a) Standards for Designation. Any structure or site that meets one or more of the following standards may be designa- ted as H, Historic Overlay District and/or Historic Landma- rk: (1) Historical Importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado or the United States; (2) Architectural Importance. The structure or site reflects an architectural style that is unique, distinct or of traditional Aspen character; (3) Architectural Importance. The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen; (4) Architectural Importance. The structure is a significant work of an architect whose individual work has influenced the character of Aspen. (5) Neighborhood Character. The structure or site is a significant component of a historically signifi- cant neighborhood and the preservation of the structure or site is important for the main- tenance of that neighborhood character. (6) Community Character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similar- ity to other structures or sites of historical or architectural importance. (b) Procedure for Desiqnation, Amendment, Rescinding. Any structure or site that meets one or more of the stand- ards in Sec. 24-9.3(a) (1)-(6) may be designated H, 7 Historic Overlay District and/or Historic Landmark, by the City Council in accordance with the following procedures: (1) Initiation. A proposed designation, amendment to a designation, or rescinding of a designation, H, Historic Overlay District and/or Historic Land- mark, may be initiated by the City Council, the HPC, or one hundred (100%) percent of the owners of the property proposed for designation. (2) Submission of Application and Sufficiency Review. Before any structure or site shall be considered for an H, Historic Overlay District or Historic Landmark designation, an Application for Historic Designation shall be submitted to the Planning Director. (i) The application for Historic Designation shall include the following: (aa) a boundary description of the site; (bb) a street address and a description of the structure or site; (cc) an explanation of why the designation is consistent with one (1) or more of the standards in Sec. 24-9.3(a) (1)-(6); and (dd) any other evidence that supports the proposed designa- tion. (ii) Determination of Completeness. The Planning Director shall determine whether an Application for Historic Designation is complete within ten (10) working days of its receipt. If it is determined the application is not complete, the Planning Director shall notify the applicant of the deficiencies in writing. The Planning Director shall take no further action on the applica- tion until all deficiencies have been corrected or otherwise settled. (3) Recommendation of Planning Director. Within ten (10) working days of a determination of complete- ness, the Planning Director shall complete the review of the application and submit a written recommendation to the HPC regarding whether the application conforms to the standards in Sec. 24- 9.3 (a) (1)-(6). (4) HPC Recommendation. The Application for Historic Designation shall be reviewed by the HPC and a written recommendation shall be submitted to the Planning and Zoning Commission within thirty (30) days of receipt of the Planning Director's written recommendation. (5) Planning and Zoning Commission Recommendation. (i) The Planning and Zoning Commission shall conduct a public hearing on the proposed designation and make a written recom- mendation to the City Council within forty-five (45) days of HPC's action on an Application for Historic Designation. (ii) For a proposed designation of less than fifty (50) individual properties, a written notice of the public hearing shall be published once in a newspaper of general circulation in Aspen at least fifteen (15) days prior to the hearing. A written notice shall also be sent at least fifteen (15) days prior to the hearing date to the owner or owners of the property subject to the proposed designation. In the case of City Council and HPC initiated designations, written notice shall be sent by certi- fied mail as specified In the case of owner initiated designations, written notice shall be sent by first class mail as specified. (iii) For a proposed designation of fifty (50) or more individual properties, the public hearing shall meet the require- ments of Sec. 24-12.4 of the Municipal Code. (6) City Council Review and Approval or Disapproval. Upon receipt of the Planning and Zoning Commission's recommendation, the city Council shall hold a public hearing on the proposed designation, consider the 9 recommendations of the HPC and Planning and Zoning - Commission, and may designate the structure or site H, Historic Overlay District and/or Historic Landmark, if it meets one or more of the standards in Sec. 24- 9.3(a) (1)-(6). The public hearing shall meet the requirements of Sec. 24-12.6 of the Municipal Code. (c) Recordation of Desiqnation. Upon the effective date of an act by the city Council designating an H, Historic Overlay District or Historic Landmark, the Secretary of the HPC shall notify the Building Inspector of the designation and shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance creating the H, Historic Overlay District or Historic Landmark. The ordinance shall contain a legal description of the structure or site designated. (d) Placement on City's official Zoninq Map. Upon the effective date of an act by the City Council designat- ing an H, Historic Overlay District or Historic Landmark, the Secretary of the HPC shall notify the Planning Director and the H, Historic Overlay District designation shall be placed on Aspen's official Zoning Map. (e) Rescinding Desiqnation. An application for rescinding designation shall follow the same submission require- ments and review procedures as for designation de- scribed in subparagraph (b) above except that with respect to subparagraph (b) (2) (i) (cc), an explanation shall be included describing why the designated site or structure is not consistent with the standards in Section 24-9.3(a) (1)-(6) . (f) Establishment of Inventory of Historic Structures. (1) There is hereby established an inventory of historic structures in the City of Aspen. The inventory shall be maintained in the offices of the Planning and Development Agency at all times for inspection by the general public during regular business hours. The inventory of historic structures shall include all structures in the city of Aspen originally constructed prior to 1910 which continue to have historic value, and such other structures identified by the HPC as being outstanding examples of more modern architecture. (2) It shall be the responsibility of the HPC, based on the recommendations of the Planning Director, to evaluate the inventory of historic structures 10 at least once every five years, and to hold a public hearing to solicit comments on its eval- uations. The purpose of the evaluation shall be to determine those structures which are to be removed from the inventory, any structures which should be added to the inventory, and to rate all structures which remain on the inventory. (3) The HPC evaluation process shall proceed as follows. The structures on the inventory shall be categorized as to whether or not they are Historic Landmarks. No further action need be taken with respect to Historic Landmarks. All structures which are not Historic Landmarks shall be eval- uated by the HPC as to their current architectural integrity, historic significance and community and neighborhood influence. Structures shall be assigned with a rated value of between 0 and 5, based on guidelines established by the HPC and ratified by Ordinance of city Council. Structures which are rated 0 and 1 shall be deemed to have no historic value and shall be removed from the inventory. Structures rated 2 through 5 shall remain on the inventory and periodically be re- evaluated as provided above. Sec. 24-9.4 Development in an H, Historic Overlay District or Involving a Historic Landmark. (a) Overview of Development Review in an H, Historic Overlay District or Involvinq a Historic Landmark. Any development within an H, Historic Overlay District or development involving a Historic Landmark must be reviewed in accordance with the provisions of this Sec. 24-9.4, unless exempted under Sec. 24-9.4(c). If not exempted, development is categorized as Minor or Significant Development which must obtain approval of the HPC. Minor Development review and approval is a one-step process. Significant Development must go through a Conceptual and Final Development Plan review and approval process. (b) General Prohibition. No development shall be permitted within the H, Historic Overlay District or involving a Historic Landmark unless: (1) The development is not subject to the provisions of this section; or (2) The development is exempted by the Planning Director pursuant to Sec. 24-9.4(c); or 11 (3) The development is approved by the HPC as either Minor or Significant Development pursuant to the procedures outlined in Sec. 24-9.4(e) because it meets the standards of Sec. 24-9.4(d). (c) Exemption. (1) Development which is not subject to the provisions of this section shall include any interior remodeling of a structure, repainting of the exterior of an already painted structure and choice of color of any exterior architectural feature. Such development shall not require the review by the Planning Director or HPC, and shall proceed directly to building permit review, when a building permit is required for the activity. (2) Development which the Planning Director shall exempt shall include repair of existing archi- tectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activi- ties which create no change to the exterior appearance of the structure and have no impact on its character. (3) Prior to initiating any development which an owner believes to be exempt under the provisions of Section 24-9.4(c) (2), the owner shall consult with the Planning Director to obtain a determination of exemption. Development which the owner believes is eligible for exemption from the provisions of this section shall require an Application for Exemption to be submitted to the Planning Director in the form provided by the Planning Director. The Planning Director shall determine if the application is complete within five (5) working days of its receipt. If it is determined that the application is not complete, the Planning Director shall notify the applicant of the deficiencies in writing. No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled. Once the Planning Director determines the application is complete, a decision whether the proposed development may be exempted from the terms of this section shall be made within five (5) working days in the form of a Certificate of Compliance issued by the Planning Director to the Building Inspec- tor. 12 (d) Review Standards for all Development in H, Historic Overlay District and all Development Involvinq Historic Landmarks. (1) Development in Historic Overlay District and all Development involvinq Historic Landmarks. No approval for any development in the H, Historic Overlay District or involving Historic Landmarks shall be granted unless the HPC finds that: (i) The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a Historic Overlay District or is adjacent to a Historic Landmark. (ii) The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. (iii) The proposed development enhances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or adjacent parcels. (iv) The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. (2) Additional Development Guidelines. The City Council, upon recommendation of the HPC, shall establish additional guidelines for use by HPC in the review of all development in H, Historic Overlay District and involving Historic Landmarks, in accordance with the procedures in Sec. 24- 9.2 (b) (3). (e) Procedure for Review. (1) General. Before HPC approval of development with- in an H, Historic Overlay District and all development involving Historic Landmarks, an Application for Minor Development, or Application for Significant Development, whichever is applica- ble, shall be submitted to the Planning Director and shall be reviewed and approved by the HPC. 13 (2) Initiation. An Application for Minor Development or an Application for Significant Development shall be submitted by the owner, an agent author- ized in writing to act on the owner's behalf, or other person having a written contractual interest in the parcel of land proposed for development. All applications shall include the name and address of all owners of the property, the address of the property and the name of the structure (if applicable). If the applicant is not the owner, the applicant's name, address and interest in the property shall be given. (3) Procedure for Review of Application for Minor Development. (i) Minor Development shall be defined as follows: (aa) Erection of an awning, canopy, sign, fence or other similar attachments to or accessory features of a structure, provided however, that in the process of erecting said attachments, none of the original materials of the structure are destroyed or removed. Incidental destruction or removal necessary to erect any attachment shall not make the action signifi- cant development; (bb) Remodeling of a structure where alterations are made to no more than one (1) element of the structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, stair- case, and balcony; (cc) Expansion or erection of a struc- ture wherein the increase in floor area of the structure is two hundred and fifty (250) square feet or less; or (dd) Erection or remodeling of combina- tions of, or multiples of no more than three (3) of the following features: awnings, canopies, signs, 14 fences and other similar attach- ments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above listed features may be defined as minor if there is a finding that the cumula- tive impact of such development is minor in its effect on the charac- ter of the existing structures. (ii) Submission of Application. An Applica- tion for Minor Development shall be submitted to the Planning Director. It shall include the following: (aa) A written description of the proposed development. (bb) An accurate representation of all major building materials, such as samples and photo- graphs, to be used for the proposed development. (cc) A scale drawing of the proposed development in relation to any existing structure. (dd) A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and/or character of the neighborhood, and why the proposed development meets the review standards in Sec. 24-9.4 (d) . (ee) Any other information consid- ered reasonably necessary for the review of the application. (iii) Determination of Completeness. The Planning Director shall determine if an application is complete within ten (10) working days of its receipt. If it is determined the application is not com- plete, the Planning Director shall notify the applicant of the deficiencies 15 in writing. No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled. (iv) Recommendation of Planninq Director. Once the Planning Director determines the application is complete, review of the application shall be accomplished and submitted as a written recommenda- tion to the HPC regarding whether the application conforms to the standards in Sec. 24-9.4(d). (v) Review by HPC. Upon receipt of the recommendation of the Planning Director, the HPC shall review the application. If the HPC finds that the application meets the standards in Sec. 24-9.4(d), and the procedural requirements of this article, the application for minor development shall be approved. (4) Review of Application for Siqnificant Development. (i) Significant development shall be defined as follows: (aa) Erection of an awning, canopy, sign, fence or other similar attachments to or accessory features of a structure that, in the process of erecting, causes original materials of the structure to be destroyed or removed; (bb) Erection or remodeling of combina- tions of or multiples of any single feature of a structure which has not been determined to be minor; (cc) Expansion or erection of a struc- ture wherein the increase in floor area of the structure is more than two hundred and fifty (250) square feet; (dd) Construction of a new structure within an H, Historic Overlay District; and 16 (ee) The redevelopment of the site of a historic landmark which has received approval for demolition when a redevelopment plan has been required by the HPC pursuant to Section 24-9.5(c) (2) (vi). (ii) Review and Approval of Conceptual Development Plan. Submission of Application for Approval of Conceptual Development Plan. Before HPC consideration of approval for a Conceptual Development Plan, an Applica- tion for Approval of Conceptual Develop- ment Plan shall be submitted to the Planning Director. The application shall include the following: (aa) A sketch plan of the proposed development showing property boundaries and predominant existing site characteristics. (bb) Conceptual selection of major building materials to be used in the proposed development. (cc) A statement of the effect of the proposed development on the origi- nal design of the historic struc- ture (if applicable) and/or character of neighborhood, and why the proposed development meets the review standards in Sec. 24- 9.4 (d) . (dd) Any other information considered reasonably necessary for the review of the application. (iii) Determination of Completeness. The Planning Director shall determine if an application is complete within ten (10) working days of its receipt. If it is determined the application is not complete, the Planning Director shall notify the applicant of the deficiencies in writing. No further action shall be taken on the application until all deficiencies have been corrected or 17 otherwise settled. Once the Planning Director determines the application is complete, review of the application shall be accomplished and submitted as a written recommendation to the HPC regarding whether the application conforms to the standards in Sec. 24-9.4 (d). (iv) Review by HPC. Upon notification that a complete application has been submitted for review, the HPC shall hold at least one (1) public hearing on the applica- tion. Notice of the time and place of the public hearing shall be given at least fifteen (15) days in advance by publication in a newspaper having a general circulation in Aspen. The HPC shall approve the Conceptual Development Plan if they determine that the plan meets the standards in Sec. 24-9.4(d). (v) Effect of Approval of Conceptual Development Plan. Approval of a Concep- tual Development Plan shall not con- stitute final approval of significant Development or permission to proceed with development. Such approval shall constitute only authorization to proceed with an Application for a Final Develop- ment Plan. (vi) Limitation on Approval of Conceptual Development Plan. Application for a Final Development Plan shall be filed within one (1) year of the date of approval of a Conceptual Development Plan. Unless an extension is granted by the HPC, failure to file such an application shall render null and void the approval of a Conceptual Development Plan previously granted by the HPC. (vii) Review and Final Approval of Significant Development Plan. (aa) Submission of Application for Final Development Plan. Before consider- ation of a Final Development Plan, an Application for Final Develop- ment Plan shall be submitted to the Planning Director. The application 18 shall include: 1. A written description of the proposed development. 2. An accurate representation of all major building materials, such as samples and photo- graphs, to be used for the proposed development. 3. Scale drawings of the proposed development in relation to any existing structure. 4. A statement of the effect of the details of the proposed development on the original design of the historic struc- ture (if applicable) and/or character of neighborhood, and how the details of the proposed development meets the review standards in Sec. 24- 9.4(d). Also, a statement of how the final plan conforms to the representations made during the conceptual review and responds to any conditions placed thereon. 5. Any other information consid- ered reasonably necessary for the review of the application. (bb) Determination of Completeness. The Planning Director shall determine if an application is complete within ten (10) working days of its receipt. If it is determined the application is not complete, the Planning Director shall notify the applicant of the deficiencies in writing. No further action shall be taken on the application until all deficiencies have been cor- rected or otherwise settled. (cc) Recommendation of Planninq Direc- tor. Once the Planning Director determines the application is comp- 19 because it creates no change to the exterior of the structure and has no impact on the character of the structure. (b) Standards for Review of Demolition. No approval for demolition shall be granted unless the applicant has demonstrated that: (1) The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; and (2) The structure cannot be rehabilitated or reused to provide for any beneficial use of the property; and (3) The structure cannot be practicably moved to another site in Aspen; and (4) A demolition and redevelopment plan is submitted when required by HPC, or for any partial demolition, which mitigates to the greatest extent practical any impact that occurs to the character of the neighborhood of the parcel where demolition is proposed to occur; and (5) The demolition plan mitigates to the greatest extent practical any impact the proposed demolition has on the historic importance of the structures located on the parcel and adjacent parcels; and (6) The demolition plan mitigates to the greatest extent practical any impact on the architec- tural integrity of the historic structure or part thereof. (c) Procedure for Review of Applications for Demolition. (1) Submission of Application. Before HPC review of proposed demolition or partial demolition of a structure, an Application for Demolition shall be submitted to the Planning Director. (2) Application for Demolition. An Application for Demolition shall include the following: 21 (i) The name and address of all owners of the property where demolition or partial demolition is proposed. If the ap- plicant is not the owner, the ap- plicant's name, address and interest in the property. The owner's authorization for the application to be submitted must be included. (ii) The address of the property where the demolition or partial demolition is proposed and name of the structure proposed for demolition or partial demolition. (iii) A written description of the structure proposed for demolition or partial demolition , and its year of construc- tion. (iv) A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation. (v) An economic feasibility report that provides: (aa) estimated market value of the property on which the structure lies, in its current condition, and after demolition or partial demolition; (bb) estimates from an architect, developer, real estate agent or appraiser experienced in rehabilit- ation addressing the economic feasibility of rehabilitation or reuse of the structure proposed for demolition or partial demolition; (cc) all appraisals made of the property on which the structure is located made within the previous two (2) years; and (dd) any other information considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. 22 (vi) A written statement of how the demoli- tion conforms to the review standards of Section 24-9.5(b). (vii) A redevelopment plan and a state- ment of the effect of the proposed redevelopment on the other struc- tures on the property and the character of the neighborhood around the property shall be submitted unless waived by the HPC. (viii) Any other information considered necessary for the review of the appli- cation. (3) Determination of Completeness. The Planning Director shall determine if an application is complete within ten (10) working days of its receipt. If it is determined the application is not complete, the Planning Director shall notify the applicant of the deficiencies in writing. No further action on the application shall be taken until all deficiencies have been corrected or otherwise settled. (4) Recommendation of Planning and Development Director. Once the Planning Director determines the application is complete, review of the application shall be accomplished and submitted as a written recommendation to the HPC regarding whether the application conforms to the standards in Sec. 24-9.5(b). (5) Review by HPC. Upon receipt of the recommend- ation of the Planning Director, the HPC shall hold at least one (1) public hearing on its consider- ation of the application. Partial demolition shall be exempted from the public hearing requirement unless the Planning Director determines that the proposed demolition involves removal of a portion of the structure possessing significance according to the standards of Section 24-9.3(a). Notice of the time and place of the public hearing shall be given at least fifteen (15) days in advance by publication in a newspaper having a general cir- culation in Aspen. Notice of the time and place of the hearing shall also be given by the posting of a sign in a conspicuous place on the premises for which the application has been made at least 23 ten (10) days prior to the hearing date, by publication in a newspaper having a general circulation in Aspen and by written notice sent by first class mail at least ten (10) days, or delivered personally at least five (5) days, prior to the hearing date, to owners of property within three hundred (300) feet of the property in question. A list and stamped preaddressed envelopes with the names and addresses shall be supplied as the names and addresses appear upon plats or records in the Pitkin County Clerk and Recorder's office and on the tax records of Pitkin County. The HPC shall approve the application if it meets the standards in Sec. 24-9.5(b) (1) through (6), if for demolition, and Sec. 24-9.5(b) (4) through (6) if for partial demolition, suspend action on the application for good cause, as defined in Section 24-9.5(c)(6) below, or deny the application if it does not meet the applicable standards. (6) Suspension of Action. The HPC shall only be authorized to suspend action on a demolition application when it finds that it needs additional information to determine whether the applicant meets the standards of Section 24-9.5 (b) or that the proposed demolition is a matter of such great public concern to the City that alternatives to the demolition must be studied jointly by the City and the owner. Alternatives which the HPC may consider having studied shall include, but not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or revision to the demolition and redevelopment plan. The HPC shall be required to specify the addi- tional information it requires and/or the alterna- tives it finds should be studied when it suspends action on the development application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the Planning Director, but in no case shall suspension be for a period to exceed six months. All decisions of the HPC to suspend action on a demolition application shall be subject to appeal 24 582 to City Council by the applicant pursuant to Section 24-9.7. (7) Continuation of Review. Upon receipt of the requested materials from the applicant, review of the demolition application shall continue. Review shall occur pursuant to the procedures of Section 24-9.5 (c) . Sec. 24-9.6 Insubstantial Modification of Development or Demolition Approval. (a) An insubstantial modification to an approved develop- ment or redevelopment plan may be authorized by the Planning Director. An insubstantial modification shall be limited to technical or engineering considerations, first discovered during actual development and not reasonably anticipated during the approval process, such as a change in shape or location of a single window, awning, door, staircase or other feature on the structure or use of a material made by a different manufacturer that has the same quality and approximate- ly the same appearance as originally approved. (b) All other modifications shall be approved by the HPC pursuant to Sec. 24-9.4 or 24-9.5, whichever is applicable. Sec. 24-9.7 Appeal. (a) Any action by the HPC in approving or disapproving a development order for development or demolition or suspending action on a demolition application or in rating a structure on the Inventory of Historic Structures may be appealed to the City Council within sixty (60) days of the decision. The reasons for the appeal shall be stated in writing. (b) 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 Council shall determine that there was an abuse of discretion, or a denial of due process by the HPC. Upon deter- mining that there was an abuse of discretion or denial of due process, the Council shall be authorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition application has been suspended or the terms of the suspension, or remanding the application to HPC for re- 25 hearing. Sec. 24-9.8 Variances. The Board of Adjustment shall not take any action on a variance request for development in the H, Historic Overlay District or development affecting a Historic Landmark, without receiving a written recommendation thereon from the HPC. Sec. 24-9.9 Violations and Remedies. (a) Whenever the performance of any act is required or the commission of any act is prohibited, pursuant to the terms of this article, failure to comply shall consti- tute a violation of Chapter 24 of the Municipal Code of the City of Aspen. All penalties therein contained shall be applicable. (b) Any development or demolition ordered by an official or agency of the City of Aspen within the H, Historic Overlay District or affecting a Historic Landmark, for the purpose of remedying conditions found by the official or agency to cause immediate danger to life, health, or property shall be construed as not being in violation of this article. Sec. 24-9.10 Definitions. Character means the height, site coverage, setbacks, siting, massing, fenestration, materials, and scale of materials. H, Historic District and Historic Landmark development guidelines shall be established to give further explanation of the qualities that compose character. Compatible Means consistent with, harmonious with, similar to and/or enhances the mixture of complimentary architec- tural styles, either of an individual structure or the character of the surrounding structures. Demolition means the act of demolishing a structure. Development means the carrying out of any building activity, or the making of any material change in the appearance of any structure, except demolition. Development includes remodeling, erection, alteration and redevelopment. Exterior architectural feature means the architectural style, design, and general arrangement of the exterior of a 26 582 , a 457 structure, including but not limited to the texture, materials, windows, lights, signs, and other fixtures appurtenant to a structure. H, Historic Overlay District means a site or area designated by the City Council as an H, Historic Overlay District under the provisions of this Article. Historic Landmark means a structure designated by the City Council as a Historic Landmark under the provisions of this Article, either within or outside of an H, Historic Overlay District. Neiqhborhood means the area adjacent to or surrounding a Historic Landmark characterized by common use or uses, density, style and age of structures and environmental characteristics. Partial demolition means the act of demolishing part of a structure. Planninq Director means any person specifically designated by the City Manager to carry out the provisions of this article, including that person who is appointed as the head of the Planning and Development Agency and such persons employed within the Planning and Development Agency as may be designated to assist in carrying out any or more of the provisions of this article. Site means one (1) or more parcels with one (1) or more structures. Structure means anything constructed, installed, remodeled, or portable, the use of which requires location on a parcel of land. It includes a movable building, used either temporarily or permanently. Structure also includes walk- ways, paths, fences and signs. Section 2 The City Council hereby ratifies the Inventory of Historic Structures Evaluation Guidelines established by HPC on January 15, 1987, a copy of which is attached hereto and incorporated by reference. Section 3 Ratings of structures on the Inventory of Historic Structures in effect as of the date of adoption of this ordinance may be appealed to the City Council within sixty (60) days of the adoption of this ordinance. 27 Section 4 If any section, subsections, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance shall be held on the /~ day of ~~ , 1987, at 5:00 P.M. in the City Council Chamber, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLIS}IED as provided by law by the City Council of the City of Aspen on the ~ ~ day ~_ ~/~~--~ , 1987. of 4j~_ ~ William L. Stirling, ~/ % Mayor C~,.~.~'.~h,~n~. K~ch, City Clerk FINALLY adopted, passed and approved this t//~A~'~ day of ~- , 1987. 1 ,~'~% William L. '~ '.'. ~.. :, Mayor AT~S~-~ . ,~a,.~hr~n ~. Koch, City clerk SB2'76 28 Exhibit to Ordinance N,~mher 11 (Series of 1987) 0 - Structure was incorrectly placed on Inventory and is actually neither old nor reconstructed. 1 - Structure is old, but has been so drastically altered to not be easily recognizable as a Victorian or mining era struc- ture. Its situation in the neighborhood typically has minimal historic influence because the neighborhood has been substantially rebuilt with new structures of a larger scale, or the structure is badly deteriorated. 2 - Structure has been altered in a way that has negatively affected its historic architectural integrity. Typically, the structure cannot be associated with any important historic person or event, and is merely representative of a miner family home environment. Neighborhood influence is also not significant because the structure's historic qualities have become nominal. 3 - Structure has been altered in a way that negatively affects its historic architectural integrity; however, the structure retains some historic significance because of particularly distinctive historic structural elements and/or its contri- bution to the historic character of a neighborhood. In a few cases, the structure has been associated with an historic person or family. 4 - Structure has been altered in a way that is considered compatible with the original architecture; and the historic character is preserved. Structure typically has strong positive influence in the neighborhood's historic character and may be associated with important historic persons or events. In all cases, structures were in their original location, to the best of staff and HPC's knowledge. 5 - Structure appears to be unaltered or has been carefully restored/reconstructed. In some cases, structures were rated in the 1980 Inventory as excellent or exceptional rather than notable. Typically, these structures are very good representatives of an historic architectural style and craftsmanship, and have a strong positive influence on the neighborhood's character. Structures evaluated at 5's may also be associated with important historic persons or events. CITY OF ASPEN INVENTORY OF HISTORIC STRUCTURES: Undesignated Structures Evaluated By Historic Preservation Committee January, 1987 Structures Scored 4 and 5 EVALUATION AREA ADDRESS LOT BLOCK SCORE Commercial Core 305 E. Main 1/2B, C 80 4 309 E. Main D 80 4 309 E. Hopkins C 81 4 303 E. Main A, B 80 5 406 E. Hopkins K, L, M 87 5 209 S. Galena 88 5 419 E. Hyman F, G 89 5 506 E. Hyman/ 210 S. Galena K, L 94 5 529/531 E. Cooper/ 405 S. Hunter 96 5 Main Street 616 W. Main 24 4 205 W. Main H, I 52 4 527 W. Main C 31 5 320 W. Main N, O, P 44 5 West End 716 W. Francis O, 1/2P 15 4 712 W. Francis 1/2P, Q 15' 4 700 w. Francis R, S 15 4 609 W. Smuggler G 21 4 323 W. Hallam D, E 43 4 121 W. Bleeker D, 1/2 E 58 4 834 W. Hallam K, L 10 5 421 N. 5th H, I 21 5 629 W. Smuggler A, B 21 5 334 W. Hallam 1/2 K, L 42 5 214 W. Bleeker N, O, P 50 5 515 W. Gillespie 4, 5, 6 99 5 Undesignated Structures Evaluated by HPC Page 2 AREA ADDRESS LOT BLOCK SCORE Community Church 127 E. Hallam F, G 65 4 110 E. Bleeker M 65 4 134 E. Bleeker R, S 65 4 216 E. Hallam K, L 71 4 222 E. Hallam M, N 71 4 202 N. Monarch K, L, M 78 4 105 E. Hallam B, C 65 5 Hallam Lake 514 N. 3rd A, B 40 4 225 W. Smuggler D, E 48 4 314 W. Gillespie 6, 1/2 5 91 4 330 W. Gillespie 4, 1/2 5 91 4 240 Lake 1/2 12, 13, 14, 15 103 4 120 W. Francis N, O, P 55 5 330 Lake 5, 6, 7, 8, 9 103 5 W. Bleeker/ W. Hallam 610 W. Hallam Q 22 4 1000 E. Cooper K, L 34 4 623 E. Hopkins F, 1/2 G 99 4 West Aspen Mountain 212 W. Hopkins p, Q 52 4 219 W. Hopkins D 53 4 124 E. Cooper p, Q 69 4 214 E. Hopkins N, O 74 4 lete, he shall complete his review of the application and submit a written recommendation to the HPC regarding whether the application conforms to the standards in Sec. 24-9.4 (d) . (dd) Review by HPC. Upon receipt of the recommendation of the Planning Director, the HPC shall review the application. If the HPC finds that the Final Development Plan conforms to the approved Conceptual Develop- ment Plan and the substantive and procedural requirements of this Article, the Application for Final Development Plan shall be approved. (ee) Expiration of Approval. Failure to obtain a building permit for final development approval granted by the HPC within a period of eighteen (18) months following the HPC's action shall render such approval invalid. Renewal of a prior approval may be granted by the HPC for an additional period not to exceed twelve (12) months upon receipt of a written request for such review from the applicant. In granting said renewal, the HPC shall consider whether conditions in the neighborhood of the applica- tion or in the community have changed such that renewal is not in the best interest of the community. Sec. 24-9.5 Demolition of Historic Structures. (a) General. No demolition and total removal of a Historic Landmark or any structure within an "H" Historic Overlay District or any structure rated as a "4" or a "5" by the HPC in its evaluation of the inventory of historic sites and structures of the City of Aspen, as periodically amended, shall be permitted unless the demolition is approved by the HPC because it meets the standards of Sec. 24-9.5(b) (1) through (6). No demolition and removal of a portion of any structure subject to these provisions shall be permitted unless the partial demolition is approved by the HPC because it meets the standards of Sec.24-9.5(b) (4) through (6) or unless the partial demolition and removal is exempt 20