PZC Res. No. 2012-04 (2)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.
ACCEPTED, APPROVED AND ADOPTED THIS 14`h OF NOVEMBER, 2012
AVON PLANNING AND ZONING COMMISSION
Signed:
Chris Green, Chair
Attest:
`Scott Prince, Secretary
Resolution 12-04, Code Text Amendment for Historic Landmark Designation
"Exhibit A to PZC Resolution 12-04"
Section 1. Amendment to Chapter 7.12 Development Application Review Authoritv.
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 3
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 Reauirements. 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 Q7.16.030)
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
Administrative PUD
D
A
Planned Unit Preliminary PUD
Development (§7.16.060)
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 Preliminary Plan
R
H -R
H -D
(§7 16.070) 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
HiffQ& Landmark Desienatidn 87.16.170)
a
R = Review/ Recommendations; H = Public Hearing; D = Decision; A = Appeal
Section 3. Amendment to Chanter 7.16 Develonment 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 4
(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
(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
i
L•"
(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 7
(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 maturer 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.
Resolution 12-04, Code Text Amendment for Historic Landmark Designation