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TC Ord. No. 2008-04 Amending Title 17 Muni code of the TOA adding a new chapter 17.50 and adding definitions to chapter 17.08 and setting forth details in regard theretoTOWN OF AVON ORDINANCE NO. 08-04 Series of 2008 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN REGARD THERETO NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO: Section 1. Amendment. Section 17.08, "Definitions" of Title 17, Avon Municipal Code, is amended by the addition of the following definitions: Historic Preservation Committee means a five-person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as an historic landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition of a Chapter 17.50 as follows: CHAPTER 17.50 Historic and/or Cultural Preservation Designated 17.50.010. Intent and Purpose. The purpose and intent of this Chapter is the promotion of the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures in order to: (a) Foster civic pride in the beauty and accomplishments of the past; and, (b) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; and, (c) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; and, (d) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; and, (e) Integrate historic preservation with the Town of Avon Comprehensive Plan; and, (f) Maintain the Town's unique character by recognizing the importance of preservation and renewing the Town's legacy for present and future generations; and, (g) Discourage the unnecessary demolition of historic and/or cultural resources; and, (h) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; and, (i) Encourage the conservation of historic settings and landscapes; and 0) Promote retention of historical integrity in the context of proposed land use. 17.50.020. Landmark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years or meets any of the following criteria: (a) 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; and, (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (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. (b) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (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. 2 17.50.030. Procedure for Landmark Designation. 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. 17.50.040. Incentives. The benefits of Historic Landmark designation may include the following: (a) Waiver of building permit fees; and, (b) Local property tax credits; and, (c) Preservation, maintenance or relocation assistance, and other incentives as deemed necessary by the Town Council; and, (d) Other appropriate incentives, also as determined by the Town Council. 17.50.050. Review of plans for sites and structures having designation. 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. (a) 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; and, (ii) Whether the architectural style and arrangement and the texture of the exterior surface materials of the existing structure and the 3 proposed alteration appropriately relate to each other and to other structures in the vicinity; and, (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (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. (c) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original . site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (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. 17.50.060. Standards governing approval of development plans for sites and structures having designation. 4 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: (a) 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; and, (b) 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; and, (c) The historic character of the Historic acid/or Cultural Landmark shall be maintained by avoiding the removal or alteration of features important to such character; and, (d) 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, (e) 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. 17.50.070. 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: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; and, (b) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, (c) The structure is structurally unsound despite the owner's efforts to properly maintain it. 5 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the IIth day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 25th day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ---1 LEA ATTEST: Town Clerk Ronald C. Wolfe, Mayor INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING,. AND ORDERED POSTED the day of 1' oAC~-, , 2008. OFA~O :SEAL: ATTEST: coIOF~P~©.: < Patty M Kgnny, Tow Clerk APPROVED AS TO FORM: Ili, I Jo W Town Attorney 6 • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Planner II~ Date: March 11, 2008 Meeting lammumm M_ 77-7 Y U N AC O L O R A D O Re: First Reading of Ordinance No. 08-04, Historic Preservation (PUBLIC HEARING) Summary: Attached to this Memorandum is Ordinance 08-04, an Ordinance with additions to Title 17 of the Avon Municipal Code, Zoning. This Ordinance would add a new Chapter (17.50) to the Zoning Code for the promotion of historic sites and structures in Avon. The Ordinance also proposes new definitions to the Zoning Code. This Ordinance originated from the Historic Preservation Advisory Committee, and has • been reviewed by the Town's legal subcommittee. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed this Ordinance over the course of three separate hearings: February 5th, February 19th, and March 3rd. The attached c+r;L+n~. "fin/bold version of the Ordinance is a reflection of the Planning and Zoning Commission's recommended changes to the Ordinance. At the first hearing with the Planning and Zoning Commission, a broad discussion took place concerning the intent of the Ordinance. The Commission felt that the purpose of the Ordinance was well-intended; however, the execution and procedures for designation seemed flawed. Due to the current lack of historic structures in Town, and the fact that the Ordinance puts equal emphasis on cultural preservation, a. global revision to the Ordinance was suggested, and the words "and/or cultural" were later added to every reference to Historic Preservation. The Commission had strong concerns with the possible unintended consequences of the Ordinance, and the appearance of a "taking." If the Historic Preservation Advisory Committee were to recommend a site or structure for designation, and the property owner was not in agreement with said designation, the Planning and Zoning Commission felt that the procedures outlined in section 17.50.30 did not allow for adequate public commenting or input from the owner. • Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) As originally drafted, the recommendation from the Historic Preservation Advisory • Committee would go straight to the Town Council. The Planning and Zoning Commission added language to the procedure section (17.50.030) of the Ordinance, in order for an additional public hearing before the Planning and Zoning Commission, prior to moving to the Town Council with a recommendation. The Planning and Zoning Commission struck section 17.50.070, titled "Protection of historic sites and structures." This section would have required sites or structures under consideration for nomination (i.e. currently under review by the historic site survey project), which are not subject to any current permit application, to remain undisturbed. The Planning and Zoning Commission was apprehensive to keep this section, since it had the ability to "block" construction. The Red House was cited as an example. Background: The Historic Preservation Committee was formed by Resolution 05-13 (see attached) on May 10, 2005, and serves as an advisory Committee for the purpose of promoting historical preservation for the Town. The Committee has been studying other ordinances and drafting this Historic Preservation Ordinance for the past year, with the hopes of formalizing a nomination and review process for historic properties and structures within Avon. The Committee is comfortable with the current form of the Ordinance. Staff Recommendation: • Staff recommends the Council APPROVE Ordinance No. 08-04 on First Reading, as drafted and revised by the Planning and Zoning Commission. Available Actions: 1) Approve on First Reading Ordinance No. 08-04; 2) Table on First Reading Ordinance No. 08-04; or 3) Deny on First Reading Ordinance No. 08-04. Town Manager Comments: eooo~~, Attachments: - Ordinance No. 08-04 (DRAFT) P&Z Resolution 08-02, Recommending Approval of Ordinance 08-04 - Memo to the Planning Commission from John Dunn, Dated February 19t", 2008 Council Resolution 05-14 • Ordinance No. 08-04, Historic Preservation Town Council March 11, 2008 Regular Meeting (PUBLIC HEARING) 0 TOWN OF AVON • ORDINANCE NO. 08-04 Series of 2008 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, ADDING A NEW CHAPTER, 17.50, AND ADDING DEFINITIONS TO CHAPTER 17.08, AND SETTING FORTH DETAILS IN REGARD THERETO NOW THEREFOR, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO: Section 1. Amendment. Section 17.08, Chapter 08 "Definitions" of Title 17, Avon Municipal Code, is amended by the addition of the following definitions: Historic Preservation Committee means a five-person advisory committee appointed by the Town Council to make recommendations and findings regarding historic sites, structures or features in the Town of Avon. Historic and/or Cultural Landmark means a site and/or structure designated as an historic landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon Municipal Code, is amended by the addition of a Chapter 17.50 as follows: • CHAPTER 17.50 Historic and/or Cultural Preservation Designated 17.50.010. Intent and Purpose. The purpose and intent of this Chapter is the promotion of the health, safety and welfare of the residents of the Town of Avon through the regulation of historic and/or cultural sites and structures in order to: (a) Foster civic pride in the beauty and accomplishments of the past; and, (b) Protect and enhance the Town's attraction to tourists and visitors and increase the quality of life of the residents; and, (c) Promote the use of historical or architectural sites, structures and objects for the education and welfare of the residents of the town; and, (d) Promote and encourage private ownership, stewardship and utilization of such sites, structures and objects; and, (e) Integrate historic preservation with the Town of Avon Comprehensive Plan; and, 0 w (f) Maintain the Town's unique character by recognizing the importance of preservation and renewing the Town's legacy for present and future • generations; and, (h) Discourage the unnecessary demolition of historic and/or cultural resources; and, (i) Provide incentives for the continued use of historic and/or cultural resources and facilitate their appropriate stewardship and reuse; and, (k) Encourage the conservation of historic settings and landscapes; and (1) Promote retention of historical integrity in the context of proposed land use. 17.50.020. Landmark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark designation if it has been in existence for at least 50 years and or meets any of the following criteria: (a) 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; and, • (ii) Is associated with historical persons or groups or represents important events in national, state or local history; and, (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. (b) Architectural significance: (i) Characterizes a style associated with a particular era; and, (ii) Has a strong or unique relationship to other areas potentially eligible for preservation; and, (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. 2 • 17.50.030. Procedure for Landmark Designation. The Historic Preservation Committee shall recommend 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. 17.5 0.040. Incentives. The benefits of Historic Landmark designation may include the following: (a) Waiver of building permit fees; and, is (b) ppheable state and f deral ineeme Local property tax credits; and, (c) Preservation, maintenance or relocation assistance, if and other incentives as deemed necessary by the Town Council; and, - (d) Other appropriate incentives, also as determined by the Town Council. 17.50.050. Review of plans for sites and structures having designation. 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. (a) 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; and, (ii) Whether the architectural style and arrangement and the texture • of the exterior surface materials of the existing structure and the 3 proposed alteration appropriately relate to each other and to other structures in the vicinity; and,, • (iii) Whether the alteration will negatively change or destroy the exterior architectural features and details of the structure; and, (iv) The effect of the proposed alteration on the protection, enhancement, perpetuation and use of the Historic Landmark. (b) Criteria for relocation of a structure: (i) Significance of the original site; and, (ii) Whether the structure can be rehabilitated or used on its original site consistent with the reasonable and beneficial use of the property; and, (iii) Whether the proposed site is compatible with or detracts from the importance of the Historic Landmark; and, (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. • (c) Criteria for removal of a structure: (i) Whether the structure presents an imminent hazard that cannot otherwise be properly mitigated; and, (ii) Whether the structure can reasonably be rehabilitated and maintained in its present location and the significance of the original site; and, (iii) Whether relocation of the structure is reasonably possible or practical; and, (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. 17.50.060. Standards governing approval of development plans for sites- and structures having designation. • 4 rt 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: (a) 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; and, (b) 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; and, (c) 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; and, (d) 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, • (e) 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. 17.50.0970. 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: (a) The Historic and/or Cultural Landmark designation creates undue hardship for the owner; and, • (b) The structure is an imminent hazard to the health and safety of the public despite the owner's efforts to properly maintain it; and, 5 (c) The structure is structurally unsound despite the owner's efforts to properly maintain it. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the IIth day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 251h day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, SECOND READING, AND 2008. • FINALLY APPROVED, AND PASSED ON • ORDERED POSTED the day of Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney • 6 _ZVI TOWN OF AVON • PLANNING & ZONING COMMISSION AVO C O L O R A D O RESOLUTION NO. 08-02 A RESOLUTION RECOMMENDING APPROVAL OF THE HISTORIC AND/OR CULTURAL PRESERVATION ORDINANCE (NO. 08-04), AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Zoning Commission held public hearings concerning the Historic and/or Cultural Preservation Ordinance at the following regular meetings: February 5, 2008, February 19, 2008, and March 4, 2008; and, WHERAS, the 2006 Town of Avon Comprehensive Plan ("the Plan") contains the following goal with respect to recognition and the promotion of historic and • cultural resources: Goal D.3: "Develop new and continue to enhance existing cultural and heritage facilities; events, and programs that strengthen Avon's community character and image"; and, WHEREAS, the Plan contains the following policies related to the Historic and/or Cultural Preservation Ordinance: Policy D.3.6: "Maintain existing elements that contribute or reflect the heritage of the community and include forms and materials that reflect this heritage in new designs." Policy E.3.2: "Strengthen the tourism potential within Avon by working collaboratively with organizations through the community to capitalize upon Avon's unique recreational and cultural assets and heritage." Policy E.3.9: "Identify and honor cultural and heritage sites with elements such as museums, interpretive parks, markers, memorials, fountains, sculptures, statures...." and, 0 WHEREAS, the Planning and Zoning Commission finds that the Historic and/or Cultural Preservation Ordinance will further the Goals and Policies from the Plan, as outlined t above, and will promote the health, safety and welfare of the residents and visitors of the Town of Avon; NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon recommends approval of the Historic and/or Cultural Preservation Ordinance via this Resolution, signed on March 4, 2008. ADOPTED THIS 4th DAY OF March, 2008 Signed. ,,4 l Date: Terry Smith, dhai Att t: (J~~ Date: Phil Struve, Secretary is • MEMORANDUM 0 TO: PLANNING AND ZONING COMMISSION FROM: TOWN ATTORNEY RE: HISTORIC PRESERVATION ORDINANCE DATE: February 19, 2008 The purpose of this memorandum is to address concerns raised by members of the Commission regarding the proposed historic preservation ordinance. As a matter of background, the ordinance was submitted by the Town's Historic Preservation Committee after research of similar ordinances in other jurisdictions. The ordinance was reviewed and commented on by the Colorado Historical Society. In part on the basis of those comments, I drafted the present version of the ordinance with the assistance of the Legal Subcommittee. Concerns were expressed by members of the Commission that the ordinance in its present form is a "taking" in the constitutional sense. In my opinion it is not. The Colorado Supreme Court established the requirements for a valid historic preservation ordinance in South of Second Associates v. Georgetown, 580 P.2d 807 (Colo. 1978). In order for such an ordinance to pass constitutional muster, it must contain adequate criteria defining architectural and historical significance and it must contain sufficient criteria defining the area subject to the ordinance. In South of Second Associates, the court upheld the criteria defining architectural and historical significance but concluded that the ordinance did not sufficiently define the area subject to the ordinance. Because the ordinance applied to the entire town, it was held to be void. Courts in other jurisdictions, including the United States Supreme Court, have upheld historic preservation ordinances in the face of a takings challenge. 2 Anderson's Am. Law Zoning § 9.74. The ordinance submitted to the Commission satisfies the requirements of South of Second Associates. The criteria defining historic and architectural significance include the criteria in the Georgetown ordinance along with other, more extensive criteria. The ordinance is town- wide, but it contains criteria whereby only particular properties will be given landmark designation and thereby be subject to the ordinance. Those criteria are detailed and in my opinion pass constitutional muster. Concern was also expressed as to the purpose language of the ordinance being to promote the health, safety and welfare of the residents. That language is the "magic" language necessary to invoke the police power of the Town in order to adopt any zoning ordinance. In my opinion that legislative finding would be upheld by any court. 0 TOWN OF AVON, COLORADO RESOLUTION NO.05-13 Series of 2005 A RESOLUTION ESTABLISHING A HISTORIC PRESERVATION ADVISORY COMMITTEE FOR THE PURPOSE OF PROMOTING HISTORICAL PRESERVATION FOR THE TOWN OF AVON, EAGLE COUNTY COLORADO WHEREAS, the town of Avon would like to appoint a Historic Preservation Advisory Committee (the "Committee") to help promote public health, safety and welfare through the protection and preservation of the Town's historic and cultural heritage, as represented by designated landmarks WHEREAS, the mission of the Committee will be to protect and enhance the Town's welfare and economy through the preservation of historical attractions for local residents, tourists and visitors to the Town, expand public awareness, appreciation and knowledge of the Town's unique local history, and foster widespread appreciation of and respect for Avon's historic and cultural heritage WHEREAS, it is important for the Town to maintain its unique character by recognizing, preserving and renewing Avon's legacy for present and future generations • WHEREAS, a landmark is defined as a property or structure that is worthy of rehabilitation, restoration, or preservation because of its historic and architectural significance WHEREAS, the Avon Town Council (the "Council") established a Heritage Fund in the Capital Improvement Projects Budget to appropriate funds used for snatching grants from the private sector in order to preserve historic landmarks WHEREAS, the benefits of landmark designation include the waiver of building permit fees, relocation assistance if necessary through the grant program or any other benefits recommended by the committee and approved by the Council WHEREAS, the Avon Town Council will appoint a Historic Preservation Advisory Committee for the purpose of recommending landmarks to the Council for historic preservation and possible matching fund grants and such other purposes as the Council shall determine. WHEREAS, the Committee will consist of five (5) registered electors or property owners in Avon to serve in 2-year terms WHEREAS, the Committee will create criteria for landmark designation based upon how old the property or structure is, a demonstration of strong public benefit and community support and other characteristics to be defined by the committee 0 • • • WHEREAS, the Committee will recommend nominations for designation to the Council and make other such recommendations as requested by the Council. WHEREAS, the Avon Town Council may by resolution designate historical landmarks within the boundaries of the town of Avon or outside of Avon if Council deems it significantly important to Avon's history and a collaborative effort is established with the governing entity where the landmark is located WHEREAS, once a landmark designation is made, in order to retain the designation, it shall be maintained to receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO, that historic preservation is an important component of the overall vitality and enhancement of Avon as it moves into the future and we therefore establish the Avon Historic Preservation Advisory Committee. Avon is proud of its history and will preserve its heritage. Adopted this 10th day of May, 2005 qa' i ° a A ll a' M-L TOWN COUNCIL T OAVON C LORADO 0 0 Ronald C. Wolfe, Mayor Attest: ~c P ty cKenny, Clerk Resolution No. 05-13 Historic Preservation Final Page 2 of 2