HomeMy WebLinkAboutordinance.council.027-00 ORDINANCE NO. 27
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION
26.415.010 OF THE ASPEN LAND USE CODE AND ADOPTING "THE CITY OF
ASPEN HISTORIC PRESERVATION DESIGN GUIDELINES"
WHEREAS, the Historic Preservation Commission has recently completed "The
City of Aspen Historic Preservation Design Guidelines;" and
WHEREAS, a code amendment is needed to reference the guidelines and
incorporate them into the Historic Preservation Commission review process and Council
must adopt the guidelines for use by the HPC; and
WHEREAS, the Community Development Director has prepared an amendment
to Section 26.415.010, Development involving the inventory of historic sites and
structures or development in an "H," Historic Overlay District and recommends its
adoption; and
WHEREAS, Pursuant to Section 26.310.020, Procedure for Amendment, a
development application for an amendment to the text of the Municipal Code shall be
reviewed and recommended for approval, approval with conditions, or disapproval by the
Planning Director and then by the Planning and Zoning Commission at a public hearing,
and then approved, approved with conditions, or disapproved by the City Council at a
public heating; and
WHEREAS, during a duly noticed public hearing on June 6, 2000, the Aspen
Planning and Zoning Commission considered the recommendation made by the
Community Development Director, took and considered public testimony and
recommended, by a vote of 7 to 0, that City Council approve the text amendment finding
that the review standards are met; and
WHEREAS, the City Council has reviewed and considered the recommendations
of the Community Development Director and the Planning and Zoning Commission and
finds that the text amendment to Section 26.415.010 of the Aspen Municipal Code, as
described herein meets or exceed all applicable standards and that the approval is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, Pursuant to Section 26.208.I of the Land Use Code, City Council
shall have the authority to adopt historic district and historic landmark guidelines; and
WHEREAS, the Community Development Department and the Aspen Historic
Preservation Commission recommend that Council adopt "The City of Aspen Historic
Preservation Guidelines," which are on file with the Community Development
Department; and
WHEREAS, the City Council finds that this ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN~ COLORADO~ THAT:
Section 1: section 26.415.010, Development involving the inventory of historic sites
and structures or development in an "H," Historic Overlay District is hereby amended to
read as follows:
26.415.010 Development involving the inventory of historic sites and structures
or development in an "H," Historic Overlay District.
Unless determined to be exempt by the Community Development Director, any
development involving the inventory of historic sites and structures or development in
an "H," Historic Overlay District, shall be reviewed in accordance with the provisions
of this Chapter, the "City of Aspen Historic Preservation Design Guidelines," which
are on file with the Community Development Department, and, as applicable, the
Common Development Review Procedures set forth at Chapter 26.304.
Section 2: City Council hereby adopts "The City of Aspen Historic Preservation Design
Guidelines," as amended by Council at the July 24, 2000 hearing, for use by the Historic
Preservation Commission.
Section 3: 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 provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4: This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 5: A public hearing on the Ordinance was held on the 24th day of July, 2000 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 was 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 26th day of June, 2000.
Kathryn, ,S.J~'och, City Clerk E. Richards
FINALLY, adopted, passed and approved this 24~ day of July, 2000.
Attest: /~
'K~hr~n$.~ o~h, City Clerk
Approved as to form:
John,,Worcester, City Attorney