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TC Res. No. 2008-27 Formally designating the nottingham powerplant as a historic and cultural landmark pursuant to the provision of chapter 17.50 of the Avon muni code TOATOWN OF AVON, COLORADO RESOLUTION NO. 08-27 SERIES OF 2008 A RESOLUTION FORMALLY DESIGNATING THE NOTTINGHAM POWERPLANT AS A HISTORIC AND. CULTURAL LANDMARK, PURSUANT TO. THE PROVISIONS OF CHAPTER 17.50 OF THE AVON -MUNICIPAL CODE, TOWN OF-AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO a WHEREAS, the Historic Preservation Advisory Committee was established in 2005 for the purpose of promoting historical preservation for the Town of Avon, to promote.. public health, safety and welfare through the protection 'and preservation of the Town's historic and cultural heritage; and, WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of Historic Properties in 2006 thereby giving formal recognition of the property's contribution to'the, heritage of the State of Colorado; and, WHEREAS; the Town Council- approved Ordinance 08704, adding a new Chapter to the Avon Municipal' Code, 17.50, titled Historic andlor Cultural Preservation Designated, setting forth a process to nominate Historic and/or Cultural Landmarks within the Town of Avon; and WHEREAS, the 2006 Town of Avon Comprehensive 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." WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to the Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to-be listed as a Historic and Cultural Landmark, citing the following findings: 1. The Plant has been in existence for over 50 years, 2. The Plant is a point of interest reflecting the economic and cultural. development of the Town of Avon, and 3. The Plant is associated with important .individuals who contributed significantly to the cultural life of the community; and WHEREAS, the Planning and Zoning Commission held a public hearing at their June 17, 2008 meeting, as required by the Avon Municipal Code, to. consider. the Nottingham Power Plant as a Historic and Cultural Landmark; and WHEREAS, the Planning and Zoning Commission found the Nottingham Power Plant eligible for Landmark Designation, meeting the eligibility. requirements outlined in Section 17.50.20 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission unanimously approved Resolution No. 08-05, recommending approval of this Landmark designation; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Avon hereby approves Resolution No. 08-27 and thus designates the Nottingham Power Plant for listing as a Town of Avon Historic and Cultural Landmark. ADOPTE DAY OF JULY, 2008. ~O`NNOFA... :SEAL: ~oioaPO~ A' TOWN COUNCIL OWN AVON, OLORADO Ron C. Wolfe, Mayor F. ICouncillResolutions120081Res 08-27 Nottingham Powerplant Designation.doc ti wMet-1.o To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager `From: Matt Pielsticker, Planner II / Data: July 8, 2008 Meeting Re: Resolution No. 08-27, Nottingham Power Plant AVVI 0N O L O R_A D O Historic Preservation Advisory Committee Property Nomination Summary: Kim Nottingham, on behalf of the Avon Historic Preservation Advisory Committee, submitted -a nomination for a structure to be considered for Historic Landmark designation to the Planning and Zoning Commission. Acting in accordance with the procedures outlined in Chapter 17.50 of the Avon Municipal Code (Exhibit ,C), the Commission considered the nomination, and approved Resolution 08-05, recommending approval of the nomination at their June 17, 2008 meeting. A majority decision of the Council is now required for fnal approval. Please find the nomination attached to this Memorandum (Exhibit A), which includes several photographs of the subject property. It is important to note that the Nottingham Power Plant was listed in the Colorado State Register of Historic Properties in 2006, and has met several review criteria. at the state level. This is the first nomination from the Historic Preservation Advisory Committee since Ordinance No. 08-04 was approved. At their May 20, 2008 meeting, this nomination, was presented to the Planning and Zoning Commission. Pursuant to direction from the Commission, public notices were mailed to all property owners (or designated representatives) within'. 300' of the subject property. To date, Staff has not received any public input on this nomination. Historic Committee Background: The Town Council expressed a value in historic preservation and stewardship of historic sites when the Historic Preservation Advisory'Committee-was established in' 2005. The Historic Preservation Committee was formed by Resolution No. 05-13 on May 10, 2005, and serves as an advisory Committee for the purpose of promoting historical preservation in the Town. The Committee meets quarterly and is charged with recognizing and recommending historic landmark structures and properties to the Town Council. When the Committee was formed, a "Heritage Fund" was created to fund their operation. 40 The. Historic and Cultural Preservation Ordinance was approved on March 25, 2008 by the Town Council upon second reading. The Ordinance establishes the processes involved with nomination, and sets forth requirements for when a site or-structure is • designated as a Historic Landmark. Staff Recommendation: Staff recommends that the Town Council approve Resolution No. 08-27 (Exhibit D), approving .Historic and Cultural Landmark designation for the Nottingham Power Plant. Available Actions: 1) Approve Resolution 08-27; or 2) Table Resolution 08-27; or 3) Deny Resolution 08-27. Town Manager Comments: Attachments: Exhibit A: Nomination, dated April 28, 200,8 . Exhibit B: Planning and Zoning Commission Resolution No.. 08-05 Exhibit C: Ordinance No. 08-04 Exhibit D: Town Council Resolution No. 08-27 • • Town of Avon Historic Property Nomination Exhibit A Name of Property: Nottingham Power Plant Location of Property: Town of Avon parcel, North of Eagle River, South'of Canyon Run condominiums on Hurd Lane Location Status: Present Owner: Original location Town of Avon .Original Owner: Emmett and Myrtle Nottingham- Source of Information: Nottingham Family Eagle Valley Enterprise, 11 Dec 1980, p.17 . Year of Construction: 1928 Source of Information: Eagle Valley Enterprise,. 11 Dec 1980, p.17 .Historic Use of Property: .Built_ in 1928, generated electricity until 1942 Current Use of Property: Vacant/Not in use -Access to Property: No public access currently without crossing through Canyon Run property. Future public access may be • possible with extension of the river recreation path. Designer/Builder: Emmett and Myrtle Nottingham Requesting Historic Landmark designation based upon the following, criteria: a) has been in. existence for over. 50 years . b) is a point of interest reflecting,the economic and cultural development of the Town of Avon c) is associated with important individuals who contributed significantly to the.cultural life of the community Historic Significance Statement: The 1928 Nottingham Power Plant is one of the few surviving remnants of the pioneer and agricultural history of Avon. As such, it is one of the most important historic resources left in Avon. In recognition of this facility's design and construction, and its role as the source of electrical power for both the Nottingham family ranch and the adjacent Avon depot of the Denver Et Rio Grande Railroad, this nomination seeks the Historic Landmark designation for the Nottingham Power Plant. Although the facility is in ruins today, the waterwheel (its most defining • feature) remains standing and two of, its walls -and the floor are deteriorated but remain jn-place. The structure is unoccupied and surrounded by numerous artifacts related to its original construction, layout, and operation. An archaeological assessment, completed in 2006, is on file with the Town of Avon Community Development department. The Nottingham Power Plant was utilized from 1928 until 1942, when rural electrification came to Avon. History of the Property: Emmett and Myrtle Nottingham.were married in 1923 and settled in Avon on 35 acres of land owned by Emmett:: In the, summer of. 1927 the town of Eagle received electricity from the Eagle River Electric Company. Avon was a much smaller ranching community and would not receive electricity until 1942. In 1928, 35-year-old Emmett and 30-year=old Myrtle decided they were tired of waiting for electricity and the conveniences it provided so they took matters into their own hands. With no formal training in engineering,: they designed and built a privately-owned hydropower plant, which generated enough electricity for their ranch and the nearby depot. The Nottinghams utilized the power of ,the-current-of the Eagle River and creatively-engineered the plant on the north bank of the river. The power plant was originally.:designed for. AC power, but with the fluctuating, water flows it was converted to DC power generation in order to provide more consistent electricity. The Avon Depot' paid' $5 per month, for electric power. . Other Historic Designation: 30 November 2006 - Nottingham Power Plant site was listed in the Colorado State Register of Historic Properties in .recognition of the property's contribution to the, heritage of the State of Colorado. Nomination Submitted by: Kim Nottingham on behalf of the Avon Historic Preservation Committee PO Box 888, Eagle, CO 81658 Phone: 328.4970 09 June 2008 0 • • 0 PHOTOGRAPHS Brace between Spokes of Paddle Wheel 10.18.07 View of Paddle Wheel and Gears 10.18.07 • A I'- • • LJ One of the wooden paddles, Eagle River beyond 10.17.07 Name Plate on Original Generator 10.19.07 Exhibit B TOWN OF "ON PLANNING 8 ZONING COMMISSION Avo RESOLUTION NO. 08-05 C O L O R A D O A RESOLUTION RECOMMENDING APPROVAL OF THE NOTTINGHAM POWER PLANT AS A HISTORIC AND CULTURAL LANDMARK, PURSUANT TO THE PROVISIONS OF CHAPTER 17.50 OF THE AVON MUNICIPAL CODE, TOWN OF. AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Historic Preservation Advisory Committee was established in 2005 for the purpose of promoting historical preservation for the Town of Avon, to promote public health, safety and welfare through the protection and preservation of the Town's historic and cultural heritage; and, WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of Historic Properties in 2006 thereby giving formal recognition of the property's is contribution to the heritage of the State of Colorado; and, WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to the Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation Designated, setting forth a process to nominate Historic and/or Cultural Landmarks within the Town of Avon; and WHEREAS, the 2006 Town of Avon Comprehensive 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." 40 WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to the • Planning and Zoning Commission for the Nottingham-Power Plant (the Plant) to be listed as a Historic and Cultural Landmark, citing the following findings: 1._. _ The Plant has been in existence, for over 50. years, 2. The Plant is- a point of interest-reflecting.. the economic and cultural development of the Town of Avon, and 3. The Plant' is associated with important individuals who contributed significantly to the,cultural .life of the community- and. WHEREAS,.the Planning and Zoning Commission held a public hearing. at their. June 17, 2008 meeting, as required by the.Avon Municipal-Code, to consider the Nottingham Power Plant as a Historic and Cultural Landmark; and WHEREAS, the Planning and Zoning Commission finds the Nottingham Power Plant eligible for Landmark besignation, meeting the eligibility requirements outlined in Section 17.50.20 of the Avon Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of. • the Town of Avon hereby recommends approval to the Avon Town -Council 'of the Nottingham Power Plant for listing as a town Historic and Cultural. Landmark. ADOPTED THIS 17th DAY OF JUNE, 2008 Signed: Date: Chair Attest: Date: Secretary 0 EXIMIT C 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, WIT 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 structuredesignated as an Hstoric landmark by the Historic Preservation Committee within the Town of Avon. Section 2. Amendment. Title 17, Avon MunicipalCode, 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 post; 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- 0 • (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 ; . (j) Promote, retention of historical integrity in the context of proposed. land use. 17.50.020: L9nd.mark Designation. A site or structure may be eligible for Historic and/or Cultural Landmark 4esignation 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 innovat ive; 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. 9 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. . 17.50A50. 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 of 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: ql (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 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 pictori al 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 11 th day of March, 2008, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 25`h day of March, 2008, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ~o~NN ~F A~~ti C Ronald C. Wolfe, Mayor SEAL: ATTEST: ` s4 C atty cKe own Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the day of 12008. • a~o~N OF AU~N• ~S ' onald C. Wolfe, Mayor ATTEST: acc. ~ ~c Patty K~zmy, To Clerk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney 6 Exhibit D TOWN OF AVON • RESOLUTION NO.08-27 -SERIES OF 2008 A RESOLUTION FORMALLY DESIGNATING-THE NOTTINGHAM POWERPLANT AS A HISTORIC AND CULTURAL LANDMARK, PURSUANT TO THE PROVISIONS OF CHAPTER 1750 OF THE AVON MUNICIPAL CODE, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Historic Preservation Advisory Committee was established in 2005 for the purpose of promoting historical preservation for the Town of Avon, to promote public health, safety and welfare through the. protection and preservation of the Town's historic and cultural heritage; and, WHEREAS, the Nottingham Power Plant was listed in the Colorado State Register of. Historic Properties in 2006 thereby giving formal 'recognition of the property's contribution to the heritage'of the State of Colorado; and, WHEREAS, the Town Council approved Ordinance 08-04, adding a new Chapter to the Avon Municipal Code, 17.50, titled Historic and/or Cultural Preservation Designated, setting forth a process to nominate Historic and/or Cultural Landmarks within'the. Town of Avon; and ontains the following WHEREAS, the 2006 Town of Avon Comprehensive Plan contains'-the' policies related to the Historic and/or Cultural Preservatiori-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." U r WHEREAS, the Historic Preservation Advisory Committee submitted a nomination to the Planning and Zoning Commission for the Nottingham Power Plant (the Plant) to be listed as a Historic and Cultural Landmark, citing the following findings: 1.. The Plant has been in existence for over 50 years, 2. The Plant is a point of interest reflecting the economic and cultural development of the Town of Avon, and 3'. The. Plant is associated with important individuals who contributed significantly to the cultural life of the community; and WHEREAS, the Planning and Zoning Commission held a public hearing at their June 17, 2008 meeting, as required by the Avon Municipal Code, to consider the Nottingham . Power Plant as a Historic and Cultural Landmark; and WHEREAS, the Planning and Zoning Commission found the Nottingham Power Plant eligible for Landmark Designation, meeting the eligibility requirements outlined in Section 17.50.20 of the Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission unanimously- approved Resolution ® No. 08-05, recommending approval of this Landmark designation; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Avon hereby approves Resolution No. 08-27 and thus designates the Nottingham Power Plant for listing as a Town of Avon Historic and Cultural Landmark. ADOPTED THIS DAY OF JULY, 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk • F: ICouncd ResolutionsOOO Res 08-27 Nottingham Powerplant Designation.doc