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PZC Res. No. 2012-04 TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 12-04 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE CREATING THE HISTORIC PRESERVATION COMMITTEE WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council finds that preservation the cultural, historic, and architectural heritage of the Town is of vital importance to the community and a source of civic pride; and, WHEREAS, the designation and preservation of Avon’s cultural, historic, and architectural heritage must be balanced with the rights of private property owners; and WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on November 14, 2012, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Planning and Zoning Commission’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.12, Development Application Review Authority, Table 7.16-1, General Procedures and Requirements, and Section 7.16, Development Review Procedures, of the Avon Municipal Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments (“Exhibit A to Resolution 12-04”) with the following findings: (1) The changes to Section 7.12, Development Application Review Authority, Table 7.16-1, General Procedures and Requirements, and Section 7.16, Development Review Procedures of the Avon Municipal Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code. Resolution 12-04, Code Text Amendment for Historic Landmark Designation 3 “Exhibit A to PZC Resolution 12-04” Section 1. Amendment to Chapter 7.12 Development Application Review Authority. Chapter 7.12 Development Application Review Authority is hereby amended as follows: “7.12.070 Historic Preservation Committee. (a) Establishment and Purpose. There is hereby established a Historic Preservation Committee (HPC) of the Town. The purposes of the Historic Preservation Committee are as follows: (1) Foster civic pride in the beauty and accomplishments of the past; (2) Protect and enhance the Town’s attraction to tourists and visitors and increase the quality of life for its residents; (3) Promote the use of cultural, historical or architectural sites, structures, and objects for the education and welfare of the residents and visitors of the Town; (4) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; (5) Integrate historic preservation with the Town of Avon Comprehensive Plan; (6) Maintain the Town’s unique character by recognizing the important of preservation and renewing the Town’s legacy for present and future generations; (7) Discourage the unnecessary demolition of cultural or historic resources; (8) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; (9) Encourage the conservation of historic settings and landscapes; and, (10) Promote retention of cultural and historical integrity in the context of proposed land use. (b) Membership. The HPC shall be a five (5) person advisory committee appointed by the Town Council to make recommendations and findings regarding cultural or historic sites, structures or features in the Town of Avon. (c) Duties. The HPC shall have the following functions and duties: (1) The HPC shall recommend historic and/or cultural landmarks to the Planning and Zoning Commission. A public hearing is required with the Planning and Resolution 12-04, Code Text Amendment for Historic Landmark Designation 4 Zoning Commission, who will then recommend to Town Council sites or structures for historic and/or cultural landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. (2) The HPC may review development applications and provide written recommendations to minimize impacts to historical and/or cultural resources.” Section 2. Amendment to Table 7.16.-1 General Procedures and Requirements. Section 7.16-1 Development Review Procedures and Review Authority is hereby amended by adding the following language, which added language is depicted with double underlining, so that the table shall read in its entirety, and is hereby adopted in its entirety, as follows: Procedure Director PZC TC Comprehensive Plan Amendment (§7.16.030) R H-R H-D Code Text Amendment (§7.16.040) R H-R H-D Rezoning (§7.16.050) R H-R H-D Planned Unit Development (§7.16.060) Administrative PUD D A Preliminary PUD R H-R H-D Final PUD R H-R H-D Administrative Subdivision (§7.16.070) D A Minor Subdivision (§7.16.070) R H-D Major Subdivision (§7.16.070) Preliminary Plan R H-R H-D Final Plan R H-D Annexation §7.36) R H-R H-D Minor Development Plan (§7.16.080) D A Major Development Plan (§7.16.080) R H-D A Major Development Plan in Town Core (§7.16.080) R H-R H-D Design Review (§7.16.090) R H-D A Special Review Use (§7.16.100) R H-D A Variance (§7.16.110) R H-D A Alternative Equivalent Compliance (§7.16.120) R H-D or H-R A or H-D Right-of-way Vacation (§7.16.130 R H-D Vested Property Right (§7.16.040) R H-R H-D Location, Character and Extent (§7.16.150) R H-D A Appeal (§7.16.160) H-D Historic Landmark Designation (§7.16.170) H-R H-D R = Review/ Recommendations; H = Public Hearing; D = Decision; A = Appeal Section 3. Amendment to Chapter 7.16 Development Review Procedures. Chapter 7.16 Development Review Procedures is hereby amended as follows: “7.16.170 Historic Landmark Designation. Resolution 12-04, Code Text Amendment for Historic Landmark Designation 5 (a) Review Procedures. The Historic Preservation Committee shall recommend historic and/or cultural landmarks to the Planning and Zoning Commission. A public hearing is required with the Planning and Zoning Commission, who will then recommend to Town Council sites or structures for historic and/or cultural landmark designation. The recommendation shall identify the criteria forming the basis of the recommendation, and shall include all pertinent information related to the site or building supporting the designation. The Town Council will approve or disapprove historic and/or cultural landmark designation after public hearing, at which the owner of the site or structure and interested persons shall have an opportunity to be heard. A majority decision of the Town Council is required for nomination. (b) A site or structure may be eligible for historic and/or cultural landmark designation if it has been in existence for at least fifty (50) years or meets any of the following criteria: (1) Historic significance: (i) Has character or is a point of interest that reflects the heritage and political, economic and/or social history or cultural development of the Town, the state or the nation; (ii) Is associated with historical persons or groups or represents important events in national, state or local history; (iii) Is associated with an important individual or group who contributed in significant ways to the political, social and/or cultural life of the community; and, (iv) Has prehistoric interest or information. (2) Architectural significance: (i) Characterizes a style associated with a particular era; (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; (iii) Is architecturally unique or innovative; and, (iv) Has visual symbolic meaning or appeal for the community or, due to its unique location or singular characteristics, represents established and familiar visual features of the neighborhood or community. (c) Incentives. The benefits of Historic Landmark designation may include the following: Resolution 12-04, Code Text Amendment for Historic Landmark Designation 6 (1) Waiver of building permit fees; (2) Local property tax credits; (3) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and, (4) Other appropriate incentives, also as determined by the Town Council. (d) Review of plans for sites and structures having designation. (1) Any application for any permit which includes the exterior alteration, relocation or removal of a site or structure designated as a Historic and/or Cultural Landmark must be reviewed by the Planning and Zoning Commission for recommendation of approval or disapproval to the Town Council on the basis of the following criteria. The Town Council shall approve or disapprove the application after public hearing at which the landowner and interested persons have an opportunity to be heard (2) Criteria for alteration of a site or structure: (i) Whether the architectural or historical character will itself be materially altered so as to negatively impact the Historical Landmark; (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the proposed alteration appropriately relate to each other and to other structures in the vicinity; (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (3) Criteria for relocation of a structure: (i) Significance of the original site; (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; Resolution 12-04, Code Text Amendment for Historic Landmark Designation 7 (iv) Whether the structure can be moved without causing significant damage to its physical integrity; and, (v) Whether the relocation of the structure is necessary to prevent undue hardship on the property owner. (4) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; (iii) Whether relocation of the structure is reasonably possible or practical; (iv) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (v) Whether the removal of the structure is necessary to prevent undue hardship on the property owner. (5) Standards governing approval of development plans for sites and structures having designation. (e) Standards governing approval of development plans for sites and structures having designation. Any approved development plan including the alteration, relocation or removal of a Historic and/or Cultural Landmark shall be deemed to incorporate the following standards except to the extent they are determined not to be applicable by the Town Council: (1) The most current version of the Secretary of the Interior’s Standards for rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the alteration of Historic Landmarks; (2) The Historic and/or Cultural Landmark shall be continue to be used in a manner consistent with its original purpose or a compatible purpose, so long as such use does not violate any of the provisions of this Code; (3) The historic character of the Historic and/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; Resolution 12-04, Code Text Amendment for Historic Landmark Designation 8 (4) The use of original materials is encouraged. Distinctive and unique features, finishes, materials and examples of craftsmanship should be retained and preserved. Repairs and replacement of such features should match the original in color, shape, texture and design. Replacements should be fully documented with pictorial or physical evidence and a copy of such evidence filed with the Town; and, (5) Where possible, additions and expansions shall be differentiated from the existing structure so as to protect the Historic Landmark's historic integrity. Additions and expansions shall also be undertaken in such a manner that their removal in the future would not destroy the form or integrity of the original structure. (f) Removal of Historic Landmark designation. The Town Council, after public hearing at which the owner of the Historic and/or Cultural Landmark and interested persons shall have an opportunity to be heard, may remove Historic and/or Cultural Landmark designation from a site or structure, based upon one or more of the following findings: (1) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; (2) The structure is an imminent hazard to the health and safety of the public despite the owner’s efforts to properly maintain it; and, (3) The structure is structurally unsound despite the owner’s efforts to properly maintain it.