HomeMy WebLinkAboutordinance.council.029-09ORDINANCE #29
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
TERMINATING ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR
LANDMARK DESIGNATION OF 211 W. HOPKINS AVENUE, LOTS F AND G,
BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO WITH CONDITIONS
PARCEL ID: 2735.124.63.003
WHEREAS, Vaughan Capital Partners L.P., a Delaware Limited Partnership, whose address is
11414 Maple Avenue, Hebron, Illinois, 60034, represented by attorney John Kelly of Oates,
Knezevich, Gardenswartz & Kelly, P.C., has applied for a building permit to demolish the house
located at 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen,
Colorado. Under the provisions of Ordinance #48, Series of 2007, Vaughan Capital Partners L.P.
subsequently consented to a ninety day review and negotiation of potential historic significance
of the subject house. The negotiation period was extended thrice, with the owner's consent; and
WHEREAS, Section 26.415.025 (e) of the Municipal Code states that "the Community
Development Director shall confer with the Historic Preservation Commission, during a public
meeting, regarding the proposed building permit and the nature of the Potential Historic
Resource. The property owner shall be provided notice of this meeting with the Historic
Preservation Commission;" and
WHEREAS, the property owner was notified of the Historic Preservation Commission meeting;
and
WHEREAS, Sara Adams, performed an analysis of the building and found that the criteria for
landmark designation are met; and
WHEREAS, at their regular meeting on November 11, 2009, the Historic Preservation
Commission considered the application, found that the subject property is the best example of the
Pan Abode style in Aspen, and approved a motion to recommend Council pursue negotiations for
landmark designation by a vote of 4-0.
WHEREAS, the City Council finds that negotiation for landmark designation may be appropriate,
but are premature without any development plans or proposal from the applicant for incentives that
would deter demolition or alteration; and,
WHEREAS, the City Council finds that this Ordinance to terminate negotiation with conditions
furthers and is necessary for the promotion of public health, safety, and welfare.
211 W. Hopkins Avenue
Ordinance No. 29, Series of 2009
Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Ordinance #48, Series of 2007 Neeotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby grants the following:
1. Council hereby authorizes Permit #0013.2009.ARBK for the demolition of the house, to
be processed for issuance by the City of Aspen Building Department. The permit shall be
available for issuance for a period of 10 years from the effective date of this Ordinance.
Howard A. Vaughan, Jr, of Vaughan Capital Partners L.P., commits to not demolishing
the house for a three year period from the effective date of this Ordinance. The
agreement to not demolish for three years only remains valid as long as Mr. Vaughan is
alive.
2. Prior to issuance of Permit #0013.2009.ARBK, the owner shall provide written
notification to the Community Development Director, by certified mail. Receipt of the
letter shall commence a new ninety (90) day negotiation period. Within the ninety day
negotiation period the following shall occur:
a. The Community Development Director shall offer to meet with the property owner to
discuss the City Historic Preservation Program and development and other benefits
that the property may be eligible to receive upon designation as a Historic Landmark.
The applicant will be asked to consider other alternatives to acting on the remodel or
demolition permits, and to identify incentives that would deter the demolition. Based
on the conversation with the owner, the Community Development Director may
waive the requirements of b and c, below.
b. The applicant will be asked to meet with the Historic Preservation Commission
during a public meeting to discuss alternatives to remodeling or demolition, and the
appropriateness of any incentives that the applicant requests. HPC shall make a
recommendation to City Council, whether the applicant participates in the meeting or
not.
c. The applicant will be asked to meet with City Council during a public meeting to
discuss alternatives to remodeling or demolition, and the appropriateness of any
incentives that the applicant requests. City Council may negotiate directly with the
property owner or may choose to direct the Community Development Director or
other City staff as necessary to negotiate with the property owner to reach a mutually
acceptable agreement for the preservation of the Resource. The City Council may
choose to provide this direction in Executive Session pursuant to State Statute. As
part of the mutually acceptable agreement, the City Council shall require that the
property be designated as a Historic Landmazk pursuant to the standards and
limitation of the Municipal Code. Council may grant incentives by adopting an
Ordinance at a public hearing. Council may also direct HPC to grant incentives that
211 W. Hopkins Avenue
Ordinance No. 29, Series of 2009
Page 2 of 4
are within their own purview. City Council, at its sole discretion, may choose to
terminate negotiations at any time. Upon the passage of 90 days, or any mutually
agreed upon extension thereof, or upon Council's termination of the negotiation, if the
City and the property owner have failed to reach a mutually acceptable agreement,
Permit #0013.2009.ARBK shall be issued.
3. Upon issuance, Permit #0013.2009.ARBK shall be valid for a period consistent with the
Building Code in effect at the time of issuance.
4. It is expected that the owner will cooperate in good faith with any efforts to relocate the
building in lieu of demolition.
5. Upon expiration of Permit #0013.2009.ARBK, the City is authorized to commence the
landmark designation process for the subject property.
6. Upon landmark designation of the subject property pursuant to Section 1, Number 5
above, the property shall be eligible for the landmark benefits and incentives, Section
26.420 of the Aspen Land Use Code, in place at the time of recordation of this Ordinance,
attached as Exhibit A.
Section 2: Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 3: Existine Litigation
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 4: Public Hearing
A public hearing on the ordinance shall be held on the 8`h of March, 2010 continued to the 22"d of
March, and finally the ]0`h of May, in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, fifreen (15) days prior to which hearing a public notice of the same was published in a
newspaper of general circulation within the City of Aspen, mailed to property owners within three
hundred (300) feet and posted on the property.
211 W. Hopkins Avenue
Ordinance No. 29, Series of 2009
Page 3 of 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 7~' day of December, 2009.
~~
Michael C. Ireland, May
S.lt~O
FINALLY, adopted, passed and approved this 10`h day of May, 2010.
Michael C. reland, Mayo
ATT T:
athryn Koch, Ci lerk
APPROVED AS TO FORM:
Jo orcester, City Attorney
Attachment:
Exhibit A -Section 26.420 of the Aspen Land Use Code
~~ ~ ,~
211 W. Hopkins Avenue
Ordinance No. 29, Series of 2009
Page 4 of 4
Exhibit A
Chapter 26.420
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES
Sections:
Sec. 26.420.010. Purpose and intent.
Sec. 26.420.020. Benefits.
Sec. 26.420.010. Purpose and intent.
A. Benefits to encourage good historic preservation practices by the owners of historic properties are
an important aspect of Aspen's historic preservation program. Historic resources are a valuable
community asset and their continued protection is the basic premise supporting the creation of an
innovative package of preservation tools that are unlike any other in the country.
B. Aspen's preservation benefits are in response to tight historic preservation controls that have been
legislated by the City since 1972. The Community Development Department and Historic
Preservation Commission (HPC) are dedicated to assisting property owners in renovating and
maintaining their property.
C. Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both economically
vital and cherished by many. ,• ~
D. The purpose of this Chapter is to set forth in one location all of the benefits that are potentially
available to owners of properties listed on Aspen's inventory of historic landmark sites and structures.
E. All properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be
eligible for the following benefits. Applications for the award of the benefits may be obtained from
the Community Development Department and specific policies and procedures for each benefit will
be established by the Historic Preservation Commission. (Ord. No. 2-2002 § 1 (part), 2002)
Sec. 26.420.020. Benefits.
A. Financial benefits.
1. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount up to
twenty-five thousand dollars ($25,000.00) for any property that is in violation of Section
26.415.100 of the Land Use Code, "Demolition by Neglect," or to fund other rehabilitation work
which is considered necessary for the preservation or restoration of a designated structure. To be
eligible for this benefit, a property owner shall show evidence of financial need. These one-time
loans shall be repaid at the time of transfer-of--title or by the end of ten (10) years, whichever
comes first.
Ordinance No. 29, Series of 2009
Exhibit A
Page 1 of 4
City of Aspen Land Use Code
Part 400, Page 59
Exhibit A
2. Conservation easement program. The City may accept a "Conservation Easement" from a
property owner who wishes to forgo any of the allowed square footage on their property in
exchange for a federal tax deduction. A deed restriction shall be filed on the site to show that
future development is limited. The five hundred (500) square foot floor area bonus provided
in Subsection 26.415.120F, of the Land Use Code cannot be donated as a conservation
easement.
3. City-owned building rehabilitation fund. The City shall give priority in the asset management
plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore City-
owned designated properties.
4. Transferable development rights. Per Chapter 26.535 of this Code, owners of properties listed
on the Aspen Inventory of Historic Landmark Sites and Structures may sever and convey, as a
separate development right, undeveloped floor area to be developed on a different and
nonhistoric property within the City.
B. Developmental benefits.
1. Dimensional variances. The following variances may be approved if it is shown that they are
part of a proposed development which has no negative impact on the character-defining
features of the designated property or historic district:
a. Side, rear and front yard setbacks;
b. Minimum required distance between buildings;
c. Maximum floor area may be exceeded up to five hundred (500) square feet;
d. Variance to exceed the allowed site coverage by up to five percent (5%);
e. Parking waivers and waivers of cash-in-lieu fees are permitted on sites unable to contain
the required number of on-site parking spaces required by underlying zoning;
£ The open space dimensional requirement may be varied when a historic commercial
building is relocated on its site, resulting in an inability to meet the standard.
Refer to Subsections 26.415.120.B., C and E for further information.
2. Increased density. Two detached single-family dwelling units or a duplex may be allowed on
a smaller sized lot than is required for a nondesignated property in the following Zone
Districts: R-6, R-15, R-I SA, RMF and O. Refer to Chapter 26.710 for further information.
3. Historic landmark lot split. When a designated parcel is at leas[ six thousand (6,000) square
feet in size, subdivision into two (2) parcels, neither of which is smaller than three thousand
(3,000) square feet in size, for the purpose of creating up to three (3) residential dwelling units
may be allowed in the following Zone Districts: R-6, R-I5, R-15A, RMF and O. Refer to
Subsection 26.415.120.A for further information.
Ordinance No. 29, Series of 2009
Exhibit A
Page 2 of 4
City of Aspen Land Use Cade
Part 400, Page 60
Exhibit A
4. Waiver of fees. Waiver of park dedication fees may be granted for development on properties
listed on the Aspen inventory of historic sites and structures.
5. Conditional uses. Certain land uses may be permitted in a given Zone District only for
designated properties. Refer [o Chapter 26.710 for further information.
6. Exemption from the growth management quota system.
a. Change-in-use with no expansion of net leasable square footage requires no affordable
housing impact mitigation.
b. Expansions of designated properties shall only be required to mitigate growth impacts
when net leasable and floor area is increased.
c. When a development is required to mitigate for affordable housing, the amount of housing
that must be provided on site or through acash-in-lieu payment may be reduced by one
percent (1%) for every one percent (1%) the project is under the maximum allowed floor
area.
d. Designated properties shall be exempt from competition for growth management quota
system allocations.
e. Accessory dwelling units or cash in lieu fees shall not be required on properties where a
"Historic Landmark Lot Split" is approved after March 31, 2002.
Refer to Chapter 26.470 for further information.
C. Technical assistance.
Tax credit applications. City Planning staff shall assist property owners in participating in
State and Federal Rehabilitation Tax Credit programs by helping with the preparation of
application materials, undertaking the necessary reviews to assist in obtaining certification. A
twenty percent (20%) state rehabilitation income tax credit may be available for locally
designated properties and may be combined with a twenty percent (20%) Federal Income Tax
Credit which is available for income producing properties listed on the National Register of
Historic Places.
2. Community-initiated development. The City will consider opportunities to be involved in
public-privately funded rehabilitation efforts, building expansion or infill projects that
demonstrate good historic preservation practices.
3. Building codes. The International Building Code (IBC) provides for flexibility in its
application to historic structures. In addition to the IBC, the City has adopted the
International Existing Building Code (IEBC) to assist owners in making repairs in a manner
that minimizes intrusion into the historic structure.
Ordinance No. 29, Series of 2009
Exhibit A
Page 3 of 4
City of Aspen Land Use Code
Part 400, Page 61
Exhibit A
4. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other sources of
funding.
D. Promotional efforts.
Cultural heritage tourism. Through grants or other sources of funding, the City may facilitate
collaborative partnerships among tourist industry sectors, historic property owners and
cultural heritage attractions to create a marketing strategy and marketing products to attract
visitors interested in the distinctive historic character of Aspen.
2. Preservation honor awards. The Aspen Historic Preservation Commission shall present
annual awards to recognize exemplary historic preservation efforts in the City.
3. Historic markers. Through grants or other sources of funding, the City shall provide a historic
marker of a standard design for any owner of a designated historic property who desires a
marker to install on their building. The City may also develop a marker or signage program
to recognize designated historic districts. (Ord. No. 2-2002, § 1 [part]; Ord. No. 43, 2004,
§§ 5, 6)
Ordinance No. 29, Series of 2009
Exhibit A
Page 4 of 4
City of Aspen Land Use Code
Part 400, Page 62
Staff Summary of Exhibit A:
With Standard Landmark Incentives (May 2010 Land Use Code)
Zoning R-6
Existing lot size 6,000 sq. ft.
Minimum Lot size 3,000 sq ft./ dwelling
Maximum number of residential 2 residential units: either 2 detached or 1 duplex
units
3240 sq. ft. (the current R-6 FAR maximum) + potential 500 sq. fr.
Maximum FAR FAR Bonus granted by HPC
Eligible to sever and sell TDRs in increments of 250 sq. ft. to reduce
Transferrable Development Rights maximum FAR with Council approval.
HPC may grant setback variances in order to preserve historic
Setback Requirements
resource
AH mitigation requirement waived on a landmark lot that has a
Affordable Housing Mitigation historic resource on it.
Parking HPC may grant a waiver of parking requirement.
Transportation Demand Fee waived for additions to historic landmarks
Management Fees
Parks Fees Fee waived for additions to historic landmarks
More flexibility to remove trees at the rear and possibly one tree at
the front of the property to preserve the historic home and make room
Existing Trees for an addition. Removal of trees requires Parks Department
approval.
s
o ~
G ~
.,,~ -~
~ ~
1
r
7
d °O
7 ~
~ ~
a
v
Y
V
F
'O
Q
O
~'
U
~ ~
J
,Q ~
V
W ~
~ ~
C
Q M
~--
d N
~ ~
Z ~
Q
r
a
N
N
Q O
U ~'
~
Y
o ~ ~
~
~ O
Q: .~„
Y
+~
V ~
= ~~_
~ i+
Q~ L
~ +~
~~
a a W t) C) a~i
N
~CC
0 L
r ~
p n Q
01 ~ O
O O O r m
~° N o ~ ~-
. ~ U y N
0
01
N
'O
L
O
~
a
a O
r a
~ O
0 O tF
°~
Z
'O
a
c
~'
'~
w
~
w
N
o
V ai
c
C
C
~
-i t 5 , ~ qfl
4, % a
a
3
~ °«~
~
~
%
I r
! ~s
A yy
1ss !+ ~ 2 e r
§,
I°~ / i F~ Z 3 f _
~~~~ x
1
~
e
~~ 70
A
s! F E
~
~ ~i,s ;z
a ;
yk~~c
~p
$ ;
I
E% ~I / z$ t ~
l'
~~
(
~ y' ~ 3 S R
,,
3 a E
/
b
a
d
C~i %~ e
%~~qi r f F
}z tl 9 ; % s
~
} yp
f
F, S5s:F ass 5
~I
~
1~
?
A s i
2S
E
fiS ~
'
F~x ~ ~ z s
t /~E j t Fry%%I ~ 9 y
~ ;
}~ 7 S
13 dF 6~ '%
E~
C
{
j ~{~
~~
s E
7 . ~ ~ r
%! i
.' s I
I f '[ ~
t>j
[ x r,
E t YI
}
x
r
E%t e I if i} %3~ 13~
E i
t
FdY E9 F 7f~ , ! [i
a x
a, ~ A4 Es
_,
+
%
,
t
s
I
~ /
%° u
FS' ~ i '
~
%
t
dot
t i
1
% e i s i
3 ~
/sF p s
1
/ Et E 3
:: j; E%s 1 S i E
%
/f ~
~~ /
~
r~
~~
~ dji; iF
I ~~ ~ Ig
F E
F 9~~ t.L ~ { ii i ~ 4'
r 01 N O O I O G l h ';I O
C
0
c ~ '~
iq .~.. ~ O
~ N
c aai o O
~ U O U
c
a~
' ~
1f lG
+~ ~•
'
°'' a
z ~ ;i-
'
5026602
PROOF OF PUBLICATION
T~ 9sPCN'ra~a
STATE OF COLORADO, COUNTY OF PITKIN
I, Jenna Weatherred, do solemnly swear that I am a Publisher of the ASPEN
TIMES WEEKLY, that the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of Colorado, and has a
general circulation therein; that said newspaper has been published
continuously and uninterruptedly in said County of Pitkin for a period of
more than fifty-two consecutive weeks next prior to the first publication of
the annexed legal notice or advertisement.
That the annexed legal notice or advertisement was published in the regular
and entire issue of every number of said daily newspaper for the period of
consecutive insertions; and that the first publication of said notice was in the
issue of said newspaper dated 5/23/2010 and that the last publication of said
notice was in the issue of said newspaper dated 5/23/2010.
In witness whereof, I have here unto set my hand this 2nd day of June, 2010.
Jenna Weatherre , sh
Subscribed and sworn to before me, a notary public in and for the County of
Garfield, State of Colorado this 2nd day of June, 2010..
Mary E. Bor enhagen, Notary Public ,~pr.~ ;~'
My Commission expires: August 27, 2011 ~a ~,
s'
d ,fir t 4
Aspen (LEGALS) City of hrr
I ~ "ice;`
t1>:
i~v~,nmlrl6,,tltl ii ~ ~r:;
-r
ANONDINAA
cm
TENMINATIN
2007 NEGO
DESIGNATIO
LOTS F qN
TOWNSITE L
CONDITIONS
Copies of This c
of the city cle
CWOratlo, tlurinp
FINA(~Y atlop
10th tlay May 2L
ATTEST
Kethrxn S. Kod
Publishetl in the
2010. X6026602]
~,