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HomeMy WebLinkAboutordinance.council.061-89 ORDINANCE NO. ~! (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 7-709.C. OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO ADOPTING THE METHOD FOR RE-EVALUATION OF THE ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES WHEREAS, it is the responsibility of the Aspen Historic Preservation Committee to evaluate the Aspen Inventory of Historic Sites and Structures, established in 1980 and last revised in 1986, at least once every five (5) years, and to hold a public hearing to solicit comments on its evaluations, as specified in Section 7-709 of the Aspen Land Use Code, and WHEREAS, the HPC has determined that the re-evaluation process should begin sooner than the code provision requires, primarily due to the recent passing of Ordinance 17, Series of 1989, the "Demolition and Relocation Ordinance", which requires HPC review and approval over all proposed demolition, partial demolitions and relocations of structures identified on the Inventory of Historic Sites and Structures, and WHEREAS, the HPC has determined that seven rating categories is cumbersome, that the numerical rating system is confusing and no longer effective, and that clearly defined language consistent with state and national standards is necessary to adopt and promote within the preservation community, and WHEREAS, the associated development review process for the evaluated historic resources shall be clearly defined, with more rigorous review procedure proportionate to the integrity of the historic resource, and WHEREAS, the problems associated with the stigma of "better vs. worse" historic resources negatively over the last few years will be lessened considerably with the elimination of the numerical rating system and the creation of four non-numerical categories, and WHE~, the primary goals of the re-evaluation process are to bring positive public awareness to the on-going historic preservation program in Aspen, and to work in harmony with historic neighborhoods to determine and help retain their individual and unique historic character, and W~EREAS, on September 5, 1989 at a public hearing the Aspen Planning and Zoning Commission recommended that City Council adopt an ordinance amending Division 7, Section 709. C. of Chapter 24, of the Municipal Code of the City of Aspen, Colorado; and WHEREAS, City Council, having received the recommendations of the Commission, wishes to amend Chapter 24 of the Municipal Code adopting the method of re-evaluation of the Aspen Inventory of Historic Sites and Structures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Article 7, Section 709 C, Establishment of Inventory of Historic Structures, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado is hereby amended to read as follows: C. The HPC evaluation process shall proceed as follows. 2 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 evaluated by the HPC as to their current architectural integrity, historic significance and community and neighborhood influence and categorized accordingly, as follows: ~~e~-sha~ &~e%-~h~--~-~em~ve~-~-~h~-~e~r~---~e~es ~&t~-~-~--~~-~--~h~-~em~-~-~he-~~~-&~ SIGNIFICANT: Ail those resources previously rated Exceptional, Excellent, or those resources individually eligible for listing on the National Register of Historic Places. CONTRIBUTING: Ail those historic or architecturally significant resources that do not meet the criteria for Significant, provided, however, these resources have maintained their historic integrity or represent unique architectural design. 3 SUPPORTING: Ail those historic resources that have lost their original integrity, however, are "retrievable" as historic structures (or sites). These structures have received substantial alterations over the years, however, with substantial effort could be considered Contributing once again. NON-CONTRIBUTING: Ail those structures that are either: a) New or not-historic construction within a historic district, and b) Historic structures with complete loss of integrity, either within or outside a historic district. Section 2. If any section, subsection, 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 3. Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be 4 continued or concluded under such prior ordinances. Section 4. A public hearing on the Ordinance shall be held on the day of ~/~ , 1989 at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~%4(_~ day of William L. St'irling, Mayor ATTEST: Kathryn~' Ko~h, City Clerk FINALLY adopted, passed and approved this /~ day of ,~_~ , 1989. William L. Sti~ling, Mayor ATTEST: ~6ch, City Clerk ccord, reevaluation 5