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HomeMy WebLinkAboutordinance.council.005-72RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1972) AN ORDINANCE PROVIDING FOR THE CONTINUED EXISTENCE AND PRESERV- ATION OF HISTORIC STRUCTURES, COMBINATIONS OF STRUCTURES, SITES AND AREAS WHEN DESIGNATED FOR PRESERVATION AS AN H, HISTORIC OVERLAY DISTRICT, AND THE CONTINUED CONSTRUCTION OF STRUCTURES AND COMBINATIONS OF STRUCTURES COMPLIMENTARY TO THOSE OF HISTORIC VALUE WITHIN AN H, HISTORIC OVERLAY DISTRICT; MAKING PROVISION FOR THE CREATION OF AN HISTORIC PRESERVATION COMMITTEE; CREATING A PROCEDURE FOR THE DESIGNATION OF HISTORIC STRUCTURES, COMBINATIONS OF STRUCTURES, SITES AND AREAS AS H, HISTORIC OVERLAY DISTRICTS; AND PROVIDING FOR THE REVIEW AND APPROVAL, CONDITIONAL APPROVAL OR DISAPPROVAL BY THE HISTORIC PRESERV- ATION COMMITTEE OF ALL BUILDING PERMIT APPLICATIONS WITHIN AN H, HISTORIC OVERLAY DISTRICT AS THEY PERTAIN TO SECTION 9.1 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN. WHEREAS, the City of Aspen Planning and Zoning Commission undertakes continuing review of the City of Aspen zoning in a effort to provide for the orderly growth and devel- opment of lands within the City, AND WHEREAS, it is deemed necessary to establish an historic overlay district to protect and preserve structures, combinations of structures, sites and areas of historic value within the City of Aspen, AND WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and recommended the following proposed amendment to the City of Aspen Zoning Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE OF THE CITY OF ASPEN, COLORADO. Section 1: CITY COUNCIL Subsection (a), Section 5 of Chapter 24 entitled R-40 Residential; Subsection (b), Section 5 of Chapter 24 entitl- ed R-30 Residential; Subsection (e), Section 5 of Chapter 24 en- titled R-15 Residential; Subsection (c), Section 10.1 of Chapter 24 entitled R-PUD Residential; Subsection (e), Section 5 of RECORD OF PROCEEDINGS 100 Leaves Chapter 24 entitled R-6 Residential; Subsection (a), Section 6 of Chapter 24 entitled AR-1 Accommodations Recreation-Sub-Urban; Subsection (a), Section 7 of Chapter 24 entitled C-1 Commercial; Subsection (b), Section 7 of Chapter 24 entitled C-C Commercial Core; Subsection (c), Section 7 of Chapter 24 entitled C-2 Commercial; Subsection (a), Section 8 of Chapter 24 entitled P Park; and Subsection (b), Section 8 of Chapter 24 entitled AF Agricultural/Forestry are hereby amended by applying the standards and regulations contained in Section 9.1 of Chapter 24 entitled H, Historic Overlay District to each of the above mention- ed zone districts and by adding to each of the above zone dis- tricts the following: "Standards and regulations for the H~ Historic Overlay District. Ail permitted and conditional uses of this district are subject to the additional standards and regulations contained in Section 9.1 of Chapter 24 of the Municipal Code of the City of Aspen when all or any part of this district has been designated as an H, Historic Overlay District under the provisions of Sec. 24-9.1." Section 2: Chapter 24 of the Municipal Code of the City of Aspen is hereby amended by adding Sec. 9.1 of Chapter 24 entitled H, Historic Overlay District. "24-9.1: H. HISTORIC OVERLAY DISTRICT (a) Intention - to promote the educational, cultural, economic and general welfare of the public by preserving those qualities that relate to the history of the City of Aspen, the ~ate of Colorado and the Nation, it is deemed essential to provide for the preservation and continued existence of historic structures, combinations of structures, sites and areas within the City and for the construction, reconstruction and remodel- ing of structures and combinations of structures, -2- RECORD OF PROCEEDINGS 100 Leaves within legally designated H, Historic Overlay Districts, complimentary to those in existence within said H, Historic Overlay Districts. (b) Applicability the H, Historic Overlay District shall be applied according to the pro- visions of this section and shall have the effect of superimposing the requirememts of this section upon the structure, combination of structures, site or area so designated in addition to the requirements of the zone district in existence at the time of H, Historic Overlay District designation. (c) Creation of the Historic Preservation Committee there shall be established an Historic Preservation Committee with five (5) members appointed by the City Council, with such powers and duties as are hereinafter prescribed which include in part: 1. To make recommendations to the Planning Commission and the City Council on the designation of H, Historic Overlay Dis- tricts and to provide support material necessary to justify such designation; 2. To review and render decisions on individ- ual building permit applications within H, Historic Overlay Districts. (d) Standards for designation of H~ Historic Overlay Districts structures, combinations of structures, sites or areas to be included within an H, Historic Overlay District shall be evaluated and considered based on the following guidelines and standards: 1. Historical Importance The ~tructure, combination of structures, site of area: -3- RECORD OF PROCEEDINGS 100 Leaves me a. Has character, interest or value as part of the development, heritage, cultural characteristics of the City of Aspen the State of Colorado or the Nation; b. Is the site of an historic event with an effect upon society; Co Is identified with a person or group of persons who had some influence on society; d. Exemplifies the cultural, political, economic, social or historical heritage of the community; e. By its preservation, promotes the health safety or welfare of the present and future inhabitants of the community. Architectural Importance The structure or a. Portrays the people in an combination of structures: enviroment of a goup of era of history chacterized by a distinctive architectural style; b. Embodies the distinguishing character- istics of a significant or unique architectural type specimen; c. Is the work of an architect or master builder whose individual work has in- fluenced the character of Aspen; c. Contains elements of design, detail, materials or craftsmanship which repre- sent a significant architectural style. Geographic Importance The structure, combination of structures, site of area: a. Because of being part of or related to a square, park or other distinctive -4- RECORD OF PROCEEDINGS 100 Leaves area should be developed or preserved according to a plan based on an historic, cultural or architectural motif; b. Due to its unique location or singular physical characteristics, represents an established and familiar visual feature of the City. (e) Procedure for desisnation of H~ Historic Overlay Districts 1. Initiation of Procedure Whenever in the opinion of the Historic Preservation Committee a structure, com- bination of structures, site or area meets the standards for designation of H, Historic Overlay Districts, as set forth in Sub- section (d), Section 9.1 of Chapter 24, the Historic Preservation Committee shall con- tact the owner or owners of such structure, combination of structures, site or area, outlining the reasons for and effects of designation as an H, Historic Overlay District, and, if possible, shall secure the owner's written consent to such designation. a. Following this contact the Historic Preservation Committee may proceed by officially adopting a resolution: (1) Statin§ that a preliminary inves- tigation and review indicates that the described structure, combination of structures, site or area is eligible and has been selected for designation as an H, Historic Over- lay District; (2) Stating either that the Historic -5- RECORD OF PROCEEDINGS 100 Leaves Preservation Committee is in re- ceipt of the owner's written consent to such designation or why the Historic Preservation Committee feels that it should proceed with- out such consent. b. The Historic Preservation Committee shall present its findings to the Plan- ning & Zoning Commission at a regular meeting of said Commission for pre- liminary approval before proceeding with the designation procedure. Preliminary Approval - Planning & Zoning Commission a. The Planning & Zoning Commission in considering preliminary approval shall evaluate the designation proposal for application of H, Historic Overlay District to structures, combinations of structures, sites or areas with respect to: (1) I~relationship to the Aspen Area General Plan; (2) The effect of designation upon the surrounding neighborhood; (3) Such other planning considerations as may be relevant to the proposed designation. b. Designation proposals receiving prelim- inary approval shall be schedule for a joint public hearing with the Historic Preservation Committee and the Planning & Zoning Commission at a time, date and place certain. Designation proposals not receiving preliminary approval by the Planning & Zoning Commission shall be terminated. -6- RECORD OF PROCEEDINGS 100 Leaves Joint Hearing - Historic Preservation Committee and Planning & Zoning Commission. Said joint public hearing to designate a structure, combination of structures, site or area as an H, Historic Overlay District shall be advertised and held as outlined in Section 11 of Chapter 24 of the Municipal Code of the City of Aspen. a. During the joint public hearing the Planning & Zoning Commission shall pre- sent its findings on the designation proposal with respect to: (1) Its relationship to the Aspen Area General Plan; (2) The effect of designation upon the surrounding neighborhood; (3) Such other planning considerations as may be relevant to the proposed designation. The Historic Preservation Committee shall present its findings with respect to historical, architectural and geographic importance as outlined in Subsection (d), Section 9.1 of Chapter 24 of the Municipal Code of the City of Aspen. The Planning & Zoning Commission shall recommend approval, conditional approval, or disapproval and the reasons therefore and shall submit said recommendations together with comments of the Historic Preservation Committee to the City Council within thirty (30) days after the joint public hearing date. The recommendation of the Planning & Zoning Commission shall include a request that the City Council set the time, date and place for a public hearing on the pro- posed designation before the City Council. -7- RECORD OF PROCEEDINGS 100 Leaves 4. City Council Designation Hearing The City Council shall set a public hearing within fifteen (15) days after receipt of the Historic Preservation Committee comments and the Planning and Zoning Commission recommend- ation on the proposal to designate a structure, combination of structures, site or area as an H, Historic Overlay District. The City Council public hearing shall be held in accordance with the provisions as outlined in Section 11 of Chapter 24 of the Municipal Code of the City of Aspen. H, Historic Overlay Districts so designated by the City Council will be classified for zoning purposes by the existing zone district designation at the time of adoption of this Section plus the suffix H. Recordation of H, Historic Overlay District Designation Within fifteen (15) days of the effective date of an amendment designating structures, combinations of structures, sites or areas as H, Historic Overlay Districts, the Historic Preservation Committee shall notify the City Building Inspector of the official designation and the City Clerk shall record among the real estate records of the Clerk and Recorder of Pitkin County, Colorado one of the following: a. A certified copy of the amendment design- ating specified property within an H, Historic Overlay District as a structure, combination of structures, site or area for preservation; A notice stating that specified property has been placed within an H, Historic -8- RECORD OF PROCEEDINGS 100 Leaves Overlay District, and designated as a structure, combination of structures, site or area for preservation, and citing the amendment and effective date thmreof which made the designation effective. The notice also may contain a brief summary of the effects of such designation, as set forth in this Section. In addition, the Zoning District Map of the City of Aspen shall be amended to indicate specified property within an H, Historic Overlay District as a structure, combination of structures, site or area for preservation by the addition of the suffix H to the property so designated by the appropriate amendment. Failure to record such amendment or notice within the required time shall suspend the effective date of the designation until the recording has been made. (f) Procedure to amend or rescind designation of H~ Historic Overlay Districts - a structure, combination of structures, site of area designated as an H, Historic Overlay District may be amended or r~cinded in the same manner as the original designation was made. (g) Procedure to authorize erectio% removal, construction~ reconstructio% remodeling or demolition of structures~ combination of structures, sites or areas designated as H~ Historic Overlay Districts for preservation - 1. Building Permits shall not be issued for any of the following acts unless a determination has been made by the Building Inspector that no change to the exterior appearance of the structure or combination of structures will result or until the appropriate action has been -9- RECORD OF PROCEEDINGS 100 Leaves taken by the Historic Preservation Committee based on the pre-application review and application review provisions of this Section. a. Remodeling, reconstruction of, or addition to, the exterior architectural feature of any improvement which constitutes all or part of a structure or combination of structures, within an H, Historic Overlay District; b. Demolition or moving of any improvement which constitutes all or pmrt of a structure or combination of structures within an H, Historic Overlay District; c. Construction or erection of any improvement or addition to any improvement upon any site or area included within an H, Historic Overlay District. Pre-Application Review Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors, the prospective property developers, owners or agents shall prepare preliminary scale drawings and outline specific- ations for review and informal discussion. Said preliminary scale drawings and outline specific- ations, together with such other information as may be required to enable an intelligent understanding of the proposed work and a written request for the pre-application review, shall be submitted to the Building Inspector. Ail docu- ments submitted to the Building Inspector for these required reviews shall be in triplicate prepared in a form suitable for filing in a -10- RECORD OF PROCEEDINGS 100 Leaves standard size office filing cabinet. No exhibits need be submitted with a request to move or demolish a structure or combination of structures. Should the Building Inspector determine that preliminary scale drawings and outline specifications demonstrate that no change to the exterior appearance of structures or combinations of structures will result, the Building Inspector may exempt the applicant from a pre-application review with the Historic Preservation Committee and shall continue to process the building permit in accordance with appropriate regulations. In cases where exterior changes will result, the Building I~spector shall notify the Committee promptly of each pre-application received and shall set a meeting date for said pre-application review. In cases of very minor repair projects the Historic Preservation Committee, if preliminary drawings and other data are sufficiently clear and explicit, may grant approval at the pre-applic- ation stage and shall so advise the Building Inspector in writing. The Building Inspector shall continue to process the building permit in accordance with appropriate regulations. 3. Application Review In cases where approval is not given at the pre- application stage the following procedure shall apply. In processing each application for a building permit, under the provisions of this Section, the Historic Preservation Committee shall hold at least one (1) public hearing, notice of the time and place of which shall be given at least fifteen (15) days in advance -11- RECORD OF PROCEEDINGS 100 Leaves by publication in a newspaper having general circulation in the City of Aspen. If the exhibits submitted for the pre-application review are deemed inadequate for holding a public hearing and for forming a clear idea of the proposed work, the Committee shall postpone action until adequate exhibits have been submitted. After such public hearing, the Committee shall: a. Approve or approve with conditions, the building permit as it pertains to the pro- visions of this Section, and shall so advise the Building Inspector in writing, and said Building Inspector shall then continue to process the application in accordance with appropriate regulations; b. Disapprove the building permit applied for as it pertains to this Section, and so ad- vise the Building Inspector and the City Council in writing stating the reasons for such disapproval, and the Building Inspector shall deny the building permit. The applicant shall be notified of the Committee's decision within ten (10) days of the public hearing at which the application was considered. Recommendations of approval, disapproval or conditional approval shall be noted on the face of the application and signed by the Chairman of the Committee. No permit for work within an H, Historic Overlay District may be issued with- out the approval or conditional approval of the Historic Preservation Committee endorsed thereon except in cases exempted by the Building Inspector or granted by the Historic Preservation Committee in the pre-application state or -12- RECORD OF PROCEEDINGS 100 Leaves except after appeal as provided elsewhere in this Section. (h) Criteria for exception - Historic 1. Approval approval, conditional approval, Preservation Committee The Committee shall judge any proposed remodeling for the preservation of historical, architectural and character- istic qualities, and any new structure for complimentary design with adjacent design- ated structures, combinations of structures, sites or areas. In case of an application to raze, demolish or move a structure, judgment shall be made on the basis of its historical and architectural importance, its importance as a part of the geographic area within which it is located, and the actual physical condition of the structure. Conditional Approval The Committee may grant conditional approval at the pre-application review or application review stages on the provision that changes related to exterior architect- ural features recommended by said Com- mittee be made in proposed work. In such case, the Building Inspector shall deter- mine that the conditions of approval have been met and shall continue to process the building permit in accordance with appropriate regulations. Exceptions The Committee may recommend exceptions or waivers from the provisions of this Section, provided such exceptions do -13- RECORD OF PROCEEDINGS 100 Leaves not damage the character of the H, Historic Overlay District or the intent of this ~ction, and are required to pre- vent an injury to the public welfare. The recommendation for exception, after approval by the Committee, shall be for- warded to the City Planning Commission for review and recommendation and then sub- mitted to the City Council and if approved by it, the Building Inspector may issue a permit therefore if said application is in accordance with additionalappropriate regulations not covered in this Section. (i) Appeal Procedure Appeals from any decision or determination made by the Historic Preservation Committee must be taken to the appropriate court within sixty (60) days after the date of such decision. (j) Role of Board of Adjustment The Board of Adjustment shall not act on any variance or exception pertaining ro property within an H, Historic Overlay District without first consulting and obtaining the written report of the Historic Preservation Committee. No appeal shall lie to the Board of Adjustment from any of the decisions of the Historic Preservation Committee. (k) Remedying Dangerous Conditions In any case where the Building Inspector, Health Officer, Fire Department or any other duly authorized officer or agency of the City of Aspen shall order or direct the construction, reconstruction, remodeling, repair or demolition of any improvement or any other necessary action to a structure, combination of structures, site or area designated as an H, Historic -14- RECORD OF PROCEEDINGS 100 Leaves Overlay ditions to life, District, for the purpose of remedying con- by said agencies to be immediately dangerous health or property, nothing contained in this Section shall be construed as making it a violation of this Section for any person to comply with such order or directive without receipt of a statement from the Committee. Any such department, agency or officer shall give the Committee as early notice as practicable of the proposed or actual issuance of any such order or directive. (1) Violation and Remedies Wherever, by the provisions of this Section, the per- formance of any act is required or the commission of any act is prohibited, a failure to comply shall con- stitute a violation of Chapter 24 of the Municipal Code of the City of Aspen and shall be subject to the provisions of Section 24-14. of said Code. (m) Definitions 1. Remodeling Any act or proceas which changes one or more of the exterior architectural features of a structure, combination of structures, site or area designated as an H, Historic Overlay District. 2. H, Historic Overlay District Any structure or improvement and its surround- ing environs, a group or combination of structures or improvements and their surround- ing environs, sites or areas and their surrounding environs designated for preserv- ation as an H, Historic Overlay District under the provisions of this Section. 3. Exterior Architectural Feature The architectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, includ- -15- RECORD OF PROCEEDINGS 100 Leaves ing but not limited to the texture and materials, and to the type and style of all windows, lights, signs and other fixtures appurtenant to said structure or improvement. Improvement Any building, structure, place, work of art or other object con~ituting a physical betterment of real property or any part of such betterment." Section 2: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are declared to be severable. Section 3: A public hearing on the ordinance shall be held at /~~/~ ?~.o at ,~;~-oP.M. in the Council Chambers, Cit 11 Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado on the c~7 day of j~-~~ , 1972. ATTE ST: -'- ~ CITY CLERK of FINALLY ADOPTED, ATTEST: ~'--~'~ CITY CLERK PASSED AND A~PROVED this ~ ~ z/MAYOR // ' day