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HomeMy WebLinkAboutcoa.lu.ca.300 West Main St.0047.2013.ASLU AO THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0047.2013.ASLU PARCEL ID NUMBERS 2735.1244.1006 PROJECTS ADDRESS 300 WEST MAIN PLANNER SARA ADAMS CASE DESCRIPTION AMENDMENT TO ORDINANCE 21 SERIES OF 1988 REPRESENTATIVE ALAN RICHMAN 920 1125 DATE OF FINAL ACTION 10/11/2013 s 3 t is i i permits .,,, � .......�./���iax c.� •_._„ .« ,:� ... �i�„-, �i �.:�.: z.:-°� f�z ?�,:- � . �� -I � File Edit Record Navgati Form Report Format Tab help �- & '3 3 sRouting Status Fees Fee%mmaq slain g1cdon Attadu is Roofing Hidor? VaJuaUorr arch}Eng us€om Helds' Sab Permits Parcels -Perm2type aslu �AspenLandUse Permit 004?2013.ASLU Address 1300'ra 14Alhl Apt'Saite �' ASPEfI State CO zi 51511 Permit information Mader permit Routing queue aslu0,' Applied OF 2?;2013 in _ Project Status ndmg Approved 0 DesmptianAPPLICAT10Jl FORA11AfflEfdGf1B1TTO ORDINANCE 21 SERIES OF 19808 Issued Closed,Final J Submited AlAhlRICHfWl9201125 C1Cck :Running lays 0 Ezpnes (16,1222D14 3 Oumer 0 Lad name ;h{fTTEI EUROPA,PROPEFTI First name 300 7k ft IN ASPEN CO 21611 Phone (970;-W".606 Address Applicant h �!Owner is applicant? (]Contractor is applicant? Lack name jMfTrEL EUROPA PRQPERT First name 300 W MAIN ASPEN CO 21611 Phone 19'01 b95606 Cud: ;2'373 kldress' 'Lender Last name —� First name f PJwne ?.. i Address P ; I. sg S (( 1, i p lasthe permit lender's AspenGold5(server,angelas 1ofl D . ... sT, 4 6U-05 ORDINANCE NO. 33 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 21 (SERIES OF 1988)TO REMOVE A CONDITION OF SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID #: 2735-124-41-006 WHEREAS, the Community Development Department received an application from Mittel Europa Properties, I.1,C, represented by Alan Richman Planning Services, Inc., requesting an amendment to Ordinance No. 21 (Series of 1988) to remove a condition of'approval for Historic Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, the subject property is zoned Mixed Use (M1J) and contains a single-family house; and WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, during a public hearing on September 9, 2011 the Aspen City Council approved Ordinance No. 33, Series 2013, by a five to zero (5-0) vote; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan, and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ot'public health. safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF ASPEN, COLORADO,THAT: Section 1 Pursuant to the procedures and standards set forth in "Title 26 of the Aspen Municipal Code, the City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic Landmark designation of the property located at 300 W. Main Street without any condition of approval. 300 W. Main Ordinance i#33, Series of 2013 Page 1 of 2 Section 2• Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by the City of'Aspen Mayor's signature and recordation of the 'termination of Covenants provided by the applicant within 180 days of the signing of this Ordinance. Section 3• 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 4: 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 5• A public hearing on the ordinance shall be held on the 91h day of September, 2013, in the Citv Council Chambers, Aspen City hall, Aspen, Colorado, fifteen (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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12`h day of August, 2013. 1 Attest: Kathryn Ko- , City Clerk Steven Skadroo, Mayor FINALLY, adopted, passed and approved this day of 2013. Attest: Kathryn Koc City Clerk Steven Skadton, Mayor Approved as to form: 1m"True, City Attorney 300 W. Main Ordinance #33, Series of 2013 Page 2 of 2 Regular Meeting Aspen City Council September 9 2013 26.440, SPECIALLY PLANNED AREA; 26.445, PLANNED UNIT DEVELOPMENT; 26.104.100, DEFINITIONS —SPECIALLY PLANNED AREA; 26.208.010, CITY COUNCIL - POWERS AND DUTIES; 26.210.020.13, COMMUNITY DEVELOPMENT DEPARTMENT—JURISDICTION, AUTHORITY AND DUTIES; 26.212.010, PLANNING AND ZONING COMMISSION — POWERS AND DUTIES; 26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES — INITIATION OF APPLICATION FOR DEVELOPMENT ORDER; 26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION-MAKING BODIES — REVIEW OF PROCEDURES AND STANDARDS; 26.412.040.A, COMMERCIAL DESIGN REVIEW —REVIEW PROCEDURE, REVIEW PROCESS; 26.470.11 O.A, GROWTH MANAGEMENT REVIEW PROCEDURES—GENERAL; 26.510.020, SIGNS—APPLICABILITY AND SCOPE; 26.590, TIMESHARE DEVELOPMENT; AND 26.710.230, ZONE DISTRICTS —ACADEMIC. Councilman Romero moved to adopt Ordinance #36, Series of 2013, on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. Councilman Romero moved to read Ordinance #37, Series of 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE No. _37_ (Series of 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.480—SUBDIVISION AND SECTION 26.104.100—DEFINTIONS, OF THE CITY OF ASPEN LAND USE CODE. Councilman Romero moved to adopt Ordinance #37, Series of 2013, on first reading; seconded by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #33, SERIES OF 2013—300 W. Main Subdivision Amendment Justin Barker, community development department, told Council this is a historically designated property with a historic cabin and an added residence. Barker said in the 1980's the owners wanted to convert the cabin into a restaurant and add a residence. The office zoning did not allow a restaurant use unless it was a historic landmark property and as a conditional use. P&Z reviewed the conditional use and there were concerns about employee mitigation. Barker told Council the code under which this project was reviewed did not require mitigation for historic 5 Regular Meeting Aspen City Council September 9, 2013 landmarks. During historic designation of the property, Council-placed an occupancy restriction on the residence to be accessory to the restaurant use both in the ordinance and in covenants. Barker noted the restaurant has not been in operation for over 20 years. The applicants are requesting the condition regarding occupancy be removed and the covenants released. Barker pointed out there are no review criteria for this type of amendment. Barker said staff finds the condition was a response to concerns at the time and are not valid anymore. The property is now zoned mixed use which allows for residences or restaurants by right. Alan Richman, representing the applicant, reiterated this property was designated as a landmark because at the time the office zone district only allowed a restaurant as a conditional use and only in a landmark. The owner's objective was to turn the cabin into a restaurant and that conversion was what triggered the conditions. The applicants wanted to build a residence at the back so they could live on the property. Richman said at that time, principle uses were allowed and everything else had to be accessory uses. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilman Romero moved to adopt Ordinance #33, Series of 2013, on second reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Frisch, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review Councilwoman Mullins was recused. Sara Adams, community development department, reminded Council this application is for the redevelopment of 420 East Hyman, to demolish the existing building and reconstruct a new 3-story mixed use building to include commercial, free market residential and affordable housing uses. Ms. Adams noted at the last public hearing there were some concerns that the project did not meet the subdivision criteria regarding compatibility with the downtown commercial core and the approval of the mixed use project could adversely affect land uses in the area. Ms. Adams said the issue was with the penthouse. The applicant and the city attorney's office collaborated on language in the ordinance requiring a covenant, which will be recorded, and a list of acknowledgements of the commercial core zone, possible noises and hours of operation of commercial uses. This covenant will state the owner will not interfere with uses that are lawfully permitted in the CC zone district. The city will be party to the covenant, which cannot be changed without city approval. Ms. Adams told Council the applicant is requesting 5 years of vested rights instead of the state statute for 3 years. Ms. Adams said staff does not feel the applicant has demonstrated a public benefit for longer vesting. This application was submitted before the code changes, which is why there is a penthouse in the application. Councilman Daily said the covenant is a worthy effort; it can only go so far. Charles Cunniffe, representing the applicant, told Council the reason for the vesting request is some existing leases that would go beyond the 3 years that they would prefer to keep the existing businesses. John Martin, applicant, said he feels an important role of a property owner is to look after one's tenants. Martin said since the recession, tenants in Aspen have had hard times and 6 v � MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director 4M FROM: Justin Barker, Planner RE: 300 W. Main Street — Amendment to Ordinance No. 21, Series of 1988, Second Reading of Ordinance#33, Series of 2013 MEETING DATE: September 9, 2013 SUMMARY: The property located at 300 W. Main Street contains a designated historic /* resource. Prior to 1988, the property — contained only a single-family residence. In 1988, a restaurant was approved as a conditional use for the property by the Planning and Zoning Commission. Due to affordable housing mitigation concern, Council approved historic designation with a - condition of approval that required recorded _ covenants restricting occupancy of the residential unit to the restaurant owner or a permanent employee of the community. The restaurant has not been in operation for over 20 years, and the condition provides a level of confusion and uncertainty for the property. The applicant is requesting City Council amend Ordinance No. 21, Series of 1988 to remove the condition of approval regarding 300 W. Main Street so the covenants may be released. City Council is the deciding body for an Ordinance amendment. The condition of approval was a response to concerns regarding the requirements of the Land Use Code at that time. These concerns are no longer valid under the current Code and deem the condition unnecessary. Staff recommends APPROVAL. APPLICANT: Mittel Europa Properties, LLC Represented by Alan Richman Planning Services, Inc. PARCEL ID: 2735-124-41-006. ADDRESS: 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen. Page 1 of 4 ZONING: (MU) Mixed Use. PRIOR APPROVALS: • Historic Preservation Commission (HPC) Approvals • In February 1988, HPC approved Conceptual Development and recommended approval of historic designation to City Council. • In May 1988, HPC approved Final Development.2 • Planning and Zoning Commission (P&Z) Approvals ■ In April 1988, P&Z approved a restaurant as a conditional use in the Office zone district for this property and recommended approval of historic designation to City Council.3 • City Council Approvals ■ In June 1988, City Council approved a historic landmark designation. The designation was conditioned upon an occupancy restriction for the residential unit on site.4 BACKGROUND: The property is approximately 9,000 square feet in size and contains a historically designated cabin originally built in 1944 as a single-family residence. The cabin was improved in 1988, which included converting the cabin into a restaurant and adding a residence along the north and west sides of the cabin. At that time, the property was zoned Office and only permitted a restaurant as a conditional use and only in historic structures. The owners at the time applied for historic designation so the restaurant could be approved as a conditional use. The Planning and Zoning Commission reviewed the conditional use expressing concern for affordable housing mitigation of a' new commercial use. Planning and Zoning granted the conditional use based on the applicant's voluntary deed-restriction of the new residential unit as an accessory use to the restaurant. After recommendation for designation from staff, P&Z and HPC, City Council granted historic designation to the property with the following condition: A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized. A subsequent Declaration of Restrictive Covenants ("Covenants") was prepared that satisfied this condition of approval and was signed by the property owners and the City. The Covenants run with the property and are binding until February 2039. They can only be released by 1 HPC Minutes from February 9, 1988 2 HPC Minutes from May 24, 1988 3 P&Z Minutes from April 19&26, 1988 4 Ordinance No.21, Series of 1988 Page 2 of 4 Resolution of City Council. The property is currently the residence of the applicant with a home occupation, and has not been used as a restaurant in over 20 years. The Ordinance approving designation and restrictive covenants are included in the application packet, Exhibit A. STAFF EVALUATION: The applicant is requesting that Council amend Ordinance No. 21, Series of 1988 to remove the condition of approval for 300 W. Main and to release the Covenants. There are no established review criteria for an Ordinance amendment. In 1988, the only way a restaurant use would be allowed in the Office zone district was if the property was designated historic and received a conditional use approval. The applicant proposed to convert the cabin to a restaurant and add a 1700 square foot residence. The cabin was not as old as structures that were typically designated at the time, but HPC found the contributing nature of the structure along Main Street and as one of the few remaining cabins important to preserve and recommended designation. During P&Z's 1988 review of the restaurant as a conditional use, there was concern over how to mitigate for the effects of a new commercial business in town. This process occurred during a transition in the Land Use Code. The Code in effect did not require the applicant to provide employee housing for a historic landmark, while the newer Code required 35% mitigation for the expansion. The Commission was hesitant to approve such an expansion without some form of assurance that mitigation would be provided, but wanted to protect what was considered a valuable historic resource. An employee unit was originally proposed, but eliminated due to HPC concerns over the massing. As a solution, the applicants voluntarily offered an occupancy restriction on the unit to be reviewed by Council as part of the historic designation. Since most of the concern was based on the immediate impacts of the development, there was no discussion on what would be required of the residential unit if the conditional use no longer existed in the future. Today the property is only being used as a single-family residence. The restaurant has not been operational since the 1990s. This leaves the residence in a complicated situation of being occupancy restricted upon a use that is not there and creates a level of uncertainty to any potential buyers of the property while complicating the language of the property's historic designation. There are two reasons why this occupancy restriction is no longer valid under the current Land Use Code: 1. The property is now zoned Mixed Use, which allows restaurant uses and residential uses together by right on historic landmarks. 2. A change in use of a historic landmark does not require employee mitigation as long as no more than one free market residence is created. With these two provisions, the same development that was proposed in 1988 would today be permitted by right without requiring mitigation, and would not even require a public hearing before a review board. If any new development is proposed that is more than just a change in use, current growth management requirements would apply. The condition for approval was a Page 3 of 4 way to gain historic designation on the property while responding to concerns regarding mitigation requirements of the Land Use Code. However, the concerns are no longer applicable to this particular situation as the Code has changed. The property was not designated because of the conditional use and should not be subject to that conditional use being present. Staff finds that the occupancy restriction is no longer necessary on the property and should be removed. STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposal is reasonable and recommends APPROVAL to remove the condition for 300 W. Main Street from Ordinance No. 21, Series of 1988 and to release the Covenants. PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve Ordinance No. 33, Series of 2013, approving an amendment to Ordinance No. 21, Series of 1988, on Second Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A —Application Page 4 of 4 ORDINANCE NO. 33 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, AMENDING ORDINANCE NO. 21 (SERIES OF 1988)TO REMOVE A CONDITION OF SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID #: 2735-124-41-006 WHEREAS, the Community Development Department received an application from Mittel Europa Properties, LLC, represented by Alan Richman Planning Services, Inc., requesting an amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house; and WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved Ordinance No. 33, Series 2013, by a to L-j vote; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic Landmark designation of the property located at 300 W. Main Street without any condition of approval. 300 W. Main Ordinance #33, Series of 2013 Page 1 of 2 Section 2• Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by the City of Aspen Mayor's signature and recordation of the Termination of Covenants provided by the applicant within 180 days of the signing of this Ordinance. Section 3• 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 4• 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 5• A public hearing on the ordinance shall be held on the 91" day of September, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12`"day of August, 2013. Attest: Kathryn Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2013. Attest: - _ _ _ - Kathryn Koch, City Clerk Steven Skadron, Mayor Approved as to form: Jim True, City Attorney 300 W. Main Ordinance #33, Series of 2013 Page 2 of 2 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: UJ :1 CL Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) } ss. County of Pitkin ) 1 arm , 1 1 G H Cam__6 + i !� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from the_day of , 20 , to and including the date and time of the public hearing. A photograph of the posted n.oice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hewing. A copy of the oo,ners and governrnenta.l agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise,the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signa e The foregoing "Affidavit of Notice" was acknowledged before me thiswky of , 20 V__ PUBLIC NOTICE RE:300 W.MAIN STREET-AMENDMENT TO WITNESS MY HAND AND OFFICIAL SEAL ORDINANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,September 9,2013,at a meeting to begin at 5:00 p.m.before the Aspen M commission expires: City Council,Council Chambers,City Hall,130 S. Y t" Galena St.,Aspen,to consider an application sub- mitted by Mittel Europa Properties,LLC(300 W. Main St,Aspen),represented by Alan Richman Planning Services,Inc.,for the property located at 300 W.Main Street.The applicant is requesting to amend Ordinance No.21,Series of 1988 to re- No+,,,,.r,Public move a condition of approval that places an occu- 1� LCLI J' L Ull pancy restriction on the residence.The property is legally described as Lots 0,R,and S,Block 44, City and Townsite of Aspen, Parcel ID 2735-124-41-006. For further information,contact - Justin Barker at the City of Aspen Community De- ' veloppment Department,130 S.Galena St.,Aspen, C O , ( 9 7 0 ) 4 2 9 . 2 7 9 7 , justin.barker@cityofaspen.com. s/Steven Skadron,Mayor Aspen City Council `�. kCHMENTS AS APPLICABLE: Published in the Aspen Times Weekly on August * 22 2013. [9469850] —-- — —------`TION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3 a o '.-�4, *' t "* , Aspen, CO SCHEDULED PUBLIC HEARING DATE: �,e� e,.le•� a , 20 \3 STATE OF COLORADO ) ss. County of Pitkin nn ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the 23 day of 20 k3 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. VIC_—Q—j Sig ature The foreg mg "Affidavit of Notice"was acknowledged before me this day of 4 C_p , 20a, by A k A%-, 9-,c L%..� D WITNESS MY HAND AND OFFICIAL SEAL OF%0 My c mission expires:PU Notary Public 14FCOMMwano P'l omtnots ATTACHMENTS AS APPLICABLE: • COPYOF THEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYIVIAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE: 300 W. MAIN STREET—AMENDMENT TO ORDINANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 9, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Mittel Europa Properties, LLC (300 W. Main St, Aspen), represented by Alan Richman Planning Services, Inc., for the property located at 300 W. Main Street. The applicant is requesting to amend Ordinance No. 21, Series of 1988 to remove a condition of approval that places an occupancy restriction on the residence. The property is legally described as Lots Q, R, and S, Block 44, City and Townsite of Aspen, Parcel ID 2735-124-41-006. For further information, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. s/Steven Skadron,Mayor Aspen City Council Published in the Aspen Times on August 22, 2013 City of Aspen Account i AH3AV-O9-008-L . wldn-dod pjogaj al aalgAga luawabaey:) worAme-mmm op ulp=4304 el gzolldaa ap suas ®09L5®jaladd selpe6 al zaslll;D � � # � �aLad�sall�e�sauanblq POTVIN FAMILY TRUST PRICE DOUGLAS QUINN CHRISTINE 320 W BLEEKER ST PO BOX 220 333 W BLEEKER ST ASPEN, CO 81611 CABIN JOHN, MD 20818 ASPEN, CO 81611 RICKEL DAVID RISCOR INC ROMANUS RAYMOND 275 GOLDENROD DR 2651 N HARWOOD ST#580 19 RIVER OAKS DR LANDSDALE, PA 19446 DALLAS,TX 75201-1576 CALUMET CITY, IL 60409 ROSENTHAL DIANNE SCRUGGS DAVID C& PHYLLIS R SEVEN SEAS INVESTMENT LLC PO BOX 10043 365 RIVERBLUFF PL 1120 MICHIGAN AVE ASPEN, CO 81612-7311 MEMPHIS,TN 38103 WILMETTE, IL 60091 SHEEHAN WILLIAM J SILVERSTEIN PHILIP SHEEHAN NANCY E SILVERSTEIN ROSALYN SNYDER GARY 10 GOLF VIEW LN 25 KNOLLS CRESCENT 8324 BROADSIDE 9 027 FRANKFORT, IL 60423 BRONX, NY 10463 ELKINS PARK, PA 1 19 SPERAW ENDEAVORS LLC STEVENS BRUCE 95.75% STEVENS LESLEY 4.25% PO BOX 6575 214 W BLEEKER ST 214 W BLEEKER ST SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 ASPEN, CO 81611 STEVENSON KAREN H 27% STOLL JONATHAN& LORI TACO 2 LLC 205 W MAIN ST 226 EMERALD LN 220 W MAIN ST#202 ASPEN, CO 81611 PALM BEACH, FL 33480 ASPEN, CO 81611 TAD PROPERTIES LTD LIABILITY CO TEMPKINS HARRY&VIVIAN TOLER MELANIE S TRUST PO BOX 9978 605 LINCOLN RD#301 6400 S CLIPPINGER DR ASPEN, CO 81612 MIAMI BEACH, FL 33139 CINCINNATI, OH 45243 TWIN COASTS LTD TYROL APARTMENTS LLC TYROLEAN LODGE LLC 433 PLAZA REAL#275 200 W MAIN ST 200 W MAIN ST BOCA RATON, FL 33432 ASPEN, CO 81611 ASPEN, CO 81611 WARBLE ERIC WEST MAIN VENTURES WINER CAROL G 50% 0124 SPRING PL PO BOX 11977 6740 SELKIRK DR EDWARDS, CO 81632 ASPEN, CO 81612 BETHESDA, MD 20817 T ®09L5 p mt/ D T wi86P3 do-dod asodxa �� jaded paaj T ®09LS a;eldwal®tiaAV ash 1 01 aull 6uole puce slagel®laad Ase3 { A213Ab-O9-008-6 ; Widn-dod pjogaj al aal?nqJ 4uawaoje4a f 00965®AU3AV}laege6 al zosimn ' wog Iiane-Awm op use ejn4)e4 el q zolldaa alp ag jaled iq solp%souanbiq i FISERV ISS&CO GILDENHORN MICHAEL S 50% GLICKMAN ADAM FBO ROBERTA N LOWENSTEIN 5008 BALTON RD PO BOX 1207 PO BOX 741626 BETHESDA, MD 20816 ASPEN, CO 81612 BOYNTON BEACK, FL 33474 GROSVENOR DENIS GUERRA DONNA GUNGOLL CARL E EXPLORATION LLC 100 SOUTH PLAZA#D 3622 SPRINGBROOK ST 6 NE 63RD ST#300 TASO, NM 87571 DALLAS,TX 75205 OKLAHOMA CITY, OK 73105 GUNN ROBERT W 1996 FAMILY TRUST GUNNING JANINE L GUNNING RALPH C/O ROBERT W GUNN PO BOX 11705 PO BOX 11912 409 OCEAN AVE ASPEN, CO 81612 ASPEN, CO 81612 MARBLEHEAD, MA 01945 HOWELL DANIEL B&MARY H HUDGENS ROBYN INNSBRUCK CONDO ASSOC 3701 PALMA CEIA CT 401 W BLEEKER ST 233 W MAIN ST TAMPA, FL 33629 ASPEN, CO 816111225 ASPEN, CO 81611 JACOBY FAMILY LP JEWISH RESOURCE CENTER CHABAD JOSEPH RUSSELL C & ELISE E 1402 DUVAL DR OF ASPEN 3257 INWOOD DR GODFREY, IL 62035 435 W MAIN ST HOUSTON,TX 77019 ASPEN, CO 81612 KARP MICHAEL KETTELKAMP GRETTA M KING LOUISE LLC 1630 LOCUST ST#200 3408 MORRIS AVE PO BOX 1467 PHILADELPHIA, PA 19103 PUEBLO, CO 81008 BASALT, CO 81621 LAMBERT HENRY M LEVY ROBERT I LORENTZEN AMY L 320 JULIA ST 2099 NW PINE TREE WY 26 GREENVIEW WAY NEW ORLEANS, LA 70130 STUART, FL 34994 MONTCLAIR, NJ 070432532 M D W ENTERPRISES INC MARTIN SCOTT M MAYER KEVIN 233 W BLEEKER ST SAND KATHERINE M 222 W HOPKINS AVE#2 ASPEN, CO 81611 PO BOX 51 ASPEN, CO 81611 ASPEN, CO 81612 MOUNTAIN LODGE HOLDINGS LLC MULKEY DAVID A& LAURA NEWKAM JAMES F& PATRICK C PO BOX 5109 2860 AUGUSTA-DR 211 W MAIN ST ASPEN, CO 81612 LAS VEGAS, NV 89109 ASPEN, CO 81611 NEWTON BARBARA PESIKOFF DAVID&SARAH PIONEER PARTNERS LTD PO BOX 9410 1811 NORTH BLVD 617 W MAIN ST ASPEN, CO 81612 HOUSTON, TX 77098 ASPEN, CO 81611 T T Wia6P3 do-dod asodxa jaded paaj T 00965 a;eldwal®/JaAV ash ®0965 ®AH3Ab i o;cull 6uole puae V slagel®laad Ase3 Jla3At/•0�-008-L T wldn-dod paogaa ai aa19A9a ;uauaa6jey� T ®0965 @AH3AV 1!aege6 al zasion op sues r w03•�SaaAL"M''AMk �,op up aany)ey el q zallda8 1 1�jad><sa�i5e;sol4onbiq � r 212 N SECOND ST LLC 320 W MAIN LLC 330 WEST BLEEKER STREET LLC 509 GUISANDO DE AVILA#201 2020 CALAMOS CT PO BOX 2028 TAMPA, FL 33613 NAPERVILLE, IL 60563 ASPEN, CO 81612 331 W BLEEKER LLC ALLAN ANDREWS ASPEN HOMEOWNERS ASSOCIATION A COLO NON PROFIT CORPORATION 2727 ALLEN PKY STE 1400 154 MARION ST 311 W MAIN ST HOUSTON,TX 77019 DENVER, CO 80218 ASPEN, CO 81611 BLEVINS J RONALD& PHYLLIS M BLUEGREEN VACATIONS UNLIMITED BOND RICHARD CAREY 310 W BLEEKER ST INC 320 JULIA ST ASPEN, CO 81611 4960 CONFERENCE WY NORTH#100 NEW ORLEANS, LA 70130 ATTN: LEGAL DEPT BOCA RATON, FL 33431 BOOKBINDER FISHDANCE& DELANEY BRAFMAN STUART&LOTTA BEA TRST BRIEN ALICE LLC 5630 WISCONSIN AVE#401 110 NEALE AVE 164 LITTLE PARK RD CHEVY CHASE, MD 20815 ASPEN, CO 81611 GRAND JUNCTION, CO 81503 BROWDE DAVID A CARINTHIA CORP CHAMBERS PETE 604 QUAKER RD 45 E LUPINE DR PO BOX 220 CHAPPAQUA, NY 10514 ASPEN, CO 81611 CABIN JOHN, MD 20818 CHISHOLM EDITH S 46% CHISHOLM HEATHER M 27% CLICK JANE 205 W MAIN ST 205 W MAIN ST 333 W MAIN ST#2A ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COLORADO MTN NEWS MEDIA CRETE ASSOCIATES LP CRETE ASSOCIATES LP PO BOX 1927 1630 LOCUST ST#200 PO BOX 1524 CARSON CITY, NV 89702 PHILADELPHIA, PA 19103 BRYN MAWR, PA 19010 CROWLEY SUE MITCHELL REV TRUST DANIEL NATHALIA DEWOLF FAMILY TRUST 19% 409 S GREENWOOD AVE 222 W HOPKINS#5 223 W BLEEKER ST COLUMBIA, MO 65203 ASPEN, CO 81611 ASPEN, CO 81611 DEWOLF MARGARET LEE TRUST 81% DH ASE LLC DOLAN WILLIAM 223 W BLEEKER ST 2711 CENTERVILLE RD#400 222 W HOPKINS#5 ASPEN, CO 81611 WILMINGTON, DE 19808 ASPEN, CO 81611 DOUBLE D CONDO ASSOC ELKINS LESLIE KEITH TRUST FCB LLC 300 W BLEEKER ST 1001 FANNIN#700 C/O KRISTA EDDY ASPEN, CO 81611 HOUSTON, TX 77002 PO BOX 6622 SNOWMASS VILLAGE, CO 81615-6622 T T wie6p3 do-dod asodxa jaded peal T &09LS aleldwal okaAV ash i ®096S®AHMV i of au116uole puss V slagei®!sad Ase3 r y J4 r !!! C 1({ 8 6 K Y i Date: Monday, Sept. 0, 2013 Tittle: 5:00 P:M, Place: City Council Chambers, 1.30 S. Galena Street Purpose: Applicant (Mittel Europa Properties. LLC, 3000, Main,St., Aspen, CO 81fi11) requests an amendment to Ordinance No. 21. 1988 removing a condition of approval that places all (X-(-upan(;y re,tric;tio�n on tljcr residence ()f tl�es �)r`operty, For further information, rrc)jjta ct �lsp n PI 3r7nlnc� t�ept at 970-f32()-5()q0' Community DevejOprnerrt Depwm.r,,j, Usti I cc 130 S.Galena Strpet Aspen, Cdorado FOREVER 330 WEST BLEEKER STREET LLC PO BOX 2028 ASPEN, CO 81612 302 K' ETURN TO SLR DEF ATTEMPTED - NOT KN OVIN. UNAFLE TO P 1)F,'Alf,R JBI Community Development DepartMenf S A . 130 S.Galena Stre et Aspen, Colorado 81611 Justice '?3 FOREVER' DOUBLE D CONDO ASSOC 300 W BLEEKER ST ASPEN, CO 81611 NT X T P 9 f;5 a F4'R f:'z I I F e F T I)H N T 0 .5,&J101 P F R 0 Al}L E T 0 R' W AR,D Ti G RA FM,E" 3 L..)I-%I if (-"0 1,7415 Community Development Depariment 130 S.Galena Street 2,1T Aspen, Colorado 81611 FOREVER SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 ii 3: y-E 1.00 7E 100S 0 0 cl IS 5A07 11' 3 RETURN TO SENDER J is A8! E TO FORWARD 5c: B1611190230 2 &79 13 12 1-2'B - 4 0-4 6::�- 902 • V MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director�. FROM: Justin Barker, Planner RE: 300 W. Main Street — Amendment to Ordinance No. 21, Series of 1988, First Reading of Ordinance #_, Series of 2013, Second Reading is scheduled for September 9, 2013 MEETING DATE: August 12, 2013 SUMMARY: The property located at 300 W. Main Street contains a designated historic resource. Prior to 1988, the property contained only a single-family residence. In 1988, a restaurant was approved as a conditional use for the property by the �L J Planning and Zoning Commission. Due to affordable housing mitigation concern, - 1 Council approved historic designation with a condition of approval that required recorded covenants restricting occupancy of the residential unit to the restaurant owner or a ' permanent employee of the community. The restaurant has not been in operation for over 20 years, and the condition provides a level of confusion and uncertainty for the property. The applicant is requesting City Council amend Ordinance No. 21, Series of 1988 to remove the condition of approval regarding 300 W. Main Street so the covenants may be released. City Council is the deciding body for an Ordinance amendment. The condition of approval was a response to concerns regarding the requirements of the Land Use Code at that time. These concerns are no longer valid under the current Code and deem the condition unnecessary. Staff recommends APPROVAL. APPLICANT: Mittel Europa Properties, LLC Represented by Alan Richman Planning Services, Inc. PARCEL ID: 2735-124-41-006. ADDRESS: 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen. Page 1 of 4 ZONING: (MU) Mixed Use. PRIOR APPROVALS: o Historic Preservation Commission (HPC) Approvals • In February 1988, HPC approved Conceptual Development and recommended approval of historic designation to City Council. • In May 1988, HPC approved Final Development.2 o Planning and Zoning Commission(P&Z) Approvals ■ In April 1988, P&Z approved a restaurant as a conditional use in the Office zone district for this property and recommended approval of historic designation to City Council.3 o City Council Approvals ■ In June 1988, City Council approved a historic landmark designation. The designation was conditioned upon an occupancy restriction for the residential unit on site.4 BACKGROUND: The property is approximately 9,000 square feet in size and contains a historically designated cabin originally built in 1944 as a single-family residence. The cabin was improved in 1988, which included converting the cabin into a restaurant and adding a residence along the north and west sides of the cabin. At that time, the property was zoned Office and only permitted a restaurant as a conditional use and only in historic structures. The owners at the time applied for historic designation so the restaurant could be approved as a conditional use. The Planning and Zoning Commission reviewed the conditional use expressing concern for affordable housing mitigation of a new commercial use. Planning and Zoning granted the conditional use based on the applicant's voluntary deed-restriction of the new residential unit as an accessory use to the restaurant. After recommendation for designation from staff, P&Z and HPC, City Council granted historic designation to the property with the following condition: A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant,primarily for use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized. A subsequent Declaration of Restrictive Covenants ("Covenants") was prepared that satisfied this condition of approval and was signed by the property owners and the City. The Covenants ' HPC Minutes from February 9, 1988 z HPC Minutes from May 24, 1988 s P&Z Minutes from April 19 &26, 1988 4 Ordinance No. 21, Series of 1988 Page 2 of 4 run with the property and are binding until February 2039. They can only be released by Resolution of City Council. The property is currently the residence of the applicant with a home occupation, and has not been used as a restaurant in over 20 years. The Ordinance approving designation and restrictive covenants are included in the application packet, Exhibit A. STAFF EVALUATION: The applicant is requesting that Council amend Ordinance No. 21, Series of 1988 to remove the condition of approval for 300 W. Main and to release the Covenants. There are no established review criteria for an Ordinance amendment. In 1988, the only way a restaurant use would be allowed in the Office zone district was if the property was designated historic and received a conditional use approval. The applicant proposed to convert the cabin to a restaurant and add 1700 square feet of residence. The cabin was not as old as structures that were typically designated at the time,but HPC found the contributing nature of the structure along Main Street and as one of the few remaining cabins important to preserve and recommended designation. During P&Z's review of the restaurant as a conditional use, there was concern over how to mitigate for the effects of a new commercial business in town. This process occurred during a transition in the Land Use Code. The Code in effect did not require the applicant to provide employee housing for a historic landmark, while the newer Code required 35%mitigation for the expansion. The Commission was hesitant to approve such an expansion without some form of assurance that mitigation would be provided,but wanted to protect what was considered a valuable historic resource. An employee unit was originally proposed,but eliminated due to HPC concerns over the massing. As a solution, the applicants voluntarily offered an occupancy restriction on the unit to be reviewed by Council as part of the historic designation. Since most of the concern was based on the immediate impacts of the development, there was no discussion on what would be required of the residential unit if the conditional use no longer existed in the future. Today the property is only being used as a single-family residence. This leaves the residence in a complicated situation of being occupancy restricted upon a use that is not there and creates a level of uncertainty to any potential buyers of the property while complicating the language of the property's historic designation. There are two reasons why this occupancy restriction is no longer valid under the current Land Use Code: 1. The property is now zoned Mixed Use, which allows restaurant uses and residential uses together by right on historic landmarks. 2. A change in use of a historic landmark does not require employee mitigation as long as no more than one free market unit is created. With these two provisions, the same development that was proposed in 1988 would today be permitted by right without requiring mitigation, and would not even require a public hearing before a review board. If any new development is proposed that is more than just a change in use, current growth management requirements would apply. The condition for approval was a Page 3 of 4 way to gain historic designation on the property while responding to concerns regarding mitigation requirements of the Land Use Code. However, the concerns are no longer applicable to this particular situation as the Code has changed. The property was not designated because of the conditional use and should not be subject to that conditional use being present. Staff finds that the occupancy restriction is no longer necessary on the property and should be removed. STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the proposal is reasonable and recommends APPROVAL to remove the condition for 300 W. Main Street from Ordinance No. 21, Series of 1988 and to release the Covenants. PROPOSED MOTION (All motions are worded in the affirmative): "I move to approve Ordinance No. , Series of 2013, on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A —Application Page 4 of 4 ORDINANCE NO._ (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO.21 (SERIES OF 1988)TO REMOVE A CONDITION OF SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID #: 2735-124-41-006 WHEREAS, the Community Development Department received an application from Mittel Europa Properties, LLC, represented by Alan Richman Planning Services, Inc., requesting an amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house; and WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommends approval of the amendment; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: Section 1 Pursuant to_the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988) to maintain Historic Landmark designation of the property located at 300 W. Main Street without any condition of approval. Section 2• Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by Council signature and recordation of the Termination of Covenants provided by the applicant. 300 W. Main Ordinance#_, Series of 2013 Page 1 of 2 Section 3• 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 4• 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 5 A public hearing on the ordinance shall be held on the 9th day of September, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of August,2013. Attest: Kathryn Koch, City Clerk Steven Skadron,Mayor FINALLY,adopted,passed and approved this day of 12013. Attest: Kathryn Koch, City Clerk Steven Skadron,Mayor Approved as to form: Jim True, City Attorney 300 W. Main Ordinance# Series of 2013 Page 2 of 2 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 1, 2013 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0047.2013.ASLU —300 W. Main Street. The planner assigned to this case is Justin Barker. ❑ Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development.Department. Please contact me at 429-2759 if you have any questions. Tu, P e n, Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. a 6 v7. 20�� �� k � . LAND USE APPLICATION APPLICANT: r?� ,- Sf' k` 0 s Name: V"o CA L L L Location: J7,0" .j `niO ` 5 k., -A k ct- (Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) -2,13 S �.Z�-1`{ to o b REPRESENTATIVE: Name: �� Dc�.. Q.�`,. r. (,��..=� 5��.,.cct �•c Address: 00 4.0 x Phone #: �i1 a 112E PROJECT: n ((11 Name: ce �\ 6G,c .ei \'1J zr5 Address: ,00 5i,_10 , N r — Phone #: 01 1 o ago 320 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD(&PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment E] Final SPA(&SPA Amendment) E] Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin,Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ® Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) S e Q p-x&j PROPOSAL: (description of proposed buildings,uses, modifications, etc.) < tA4,3 Have you attached the following? FEES DuE: ® Pre-Application Conference Summary ® Attachment#1, Signed Fee Agreement ❑ Response to Attachment 43,Dimensional Requirements Form l-4 lAr ® Response to Attachment 44, Submittal Requirements-Including Written Responses to Review Standards 00 ct ? Z 5�U Agreement ca Fees RMEIVED& An agreement between the City of Aspen City") JUN 2 7 2013 Property _ �_..._Phone No.: _____.. .---�--- � t " GWI ' O F � ��N Owner(,I"): x �&\ Email I Address of Billing J00 Property: t,, vv ­ s �, Address. (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: 1 agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for S flat fee for S flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services_ I have read, understood, and agree to the Land Use Review Fee Policy and consequences of non-payment including late fees of 1.75% per month. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. S \R'�L> deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. S deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: J Chris Bendon ��, Community Development Director NarnA\ �i W�. i 4,Z, � rCity Use: _..... Title: ( For,S Due:S Received. $ Mom' I ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 June 26, 2013 J N 2, "% 2013 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: AMENDMENT TO ORDINANCE 21, SERIES OF 1988 (300 WEST MAIN ST.) Dear Sara, This is an application to amend Ordinance 21, Series of 1988. This ordinance designated 300 West Main Street (and several other properties) as a historic landmark. Section 2 of said ordinance imposed a condition on 300 West Main Street which required a covenant be filed with the Clerk and Recorder restricting the occupancy of the residential unit on the property. The current owner of the property requests that the City Council remove this condition so that the covenant may be released. The subject property is legally described as Lots Q, R and S, Block 44, City and Townsite of Aspen. Its Pitkin County Parcel ID# is 273512441006. A vicinity map showing the location of the subject property within the City of Aspen is attached to this application. 300 West Main Street is owned by Mittel Europa Properties LLC (hereinafter, "the applicant"). Proof of the ownership of the subject property is provided in the form of a Commitment for Title Insurance (see Exhibit#1). The applicant has designated Alan Richman Planning Services, Inc. and Michael Hoffman as its representatives for purposes of this application (see the letter attached hereto as Exhibit#2). Several pre-application discussions were held between the applicant and staff of the Community Development Department prior to submission of this application. A copy of the pre-application summary staff provided to the applicant is attached hereto as Exhibit #3. According to this document, there is no particular section of the Land Use Code to which the applicant must respond for this request to be considered by the City. Instead, the applicant has been asked to submit a letter explaining the request which will be presented to City Council for consideration of an ordinance. Ms. Sara Adams June 26, 2013 Page Two The following sections of this application describe the existing conditions at the property and summarize its prior land use approvals and the restrictive covenant that was recorded based on these approvals. Background Information 300 West Main Street is approximately 9,000 sq. ft. in size. It is zoned Mixed Use (MU). The property is improved with a rustic cabin. According to the City's Architectural Inventory Form, the cabin was originally constructed in 1944 and was added onto in 1988. The addition to the cabin was built following Planning and Zoning Commission approval of a conditional use application that authorized use of the cabin as a restaurant. The addition created a dwelling unit along the north and west sides of the original cabin. The applicant has used the dwelling unit as a residence since it purchased the property in 2005. The cabin, which was previously used as a restaurant in the late 1980's and early 1990's, has more recently been used to operate Mittel Europa, the applicant's home furnishings business. Available records indicate that the existing improvements on the property represent approximately 3,600 sq. ft. of floor area. This is considerably less floor area than would be allowed if the property were developed as a mixed use project but is approximately equal to the floor area allowed if it were used solely as a single family residence. The property (along with several other properties) was designated as a Historic Landmark by City Council Ordinance 21, Series of 1988 (the pertinent pages from this lengthy ordinance are attached as Exhibit #4). This designation was accomplished immediately after conditional use approval was granted to the restaurant by the Planning and Zoning Commission. Section 2 of Ordinance 21 placed the following condition on the designation: 'A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's Once by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for the use of the restaurant owner/manager or an employee, however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized." As a consequence of this condition, a Declaration of Restrictive Covenants was prepared by the then-owners of the property. The Declaration was signed by both the owners and the Mayor of the City of Aspen and was recorded in the Pitkin County Records on February 7, 1989 as Reception No. 308667 (see Exhibit#5). Ms. Sara Adams June 26, 2013 Page Three Request for Release of Restrictive Covenant The condition in Section 2 of Ordinance 21, Series of 1988, and the resulting restrictive covenant create some uncertainty for any potential future owner and occupant of the subject property. A review of the City's files surrounding this land use case reveals that the condition resulted from the fact that the then-owners of the property wished to convert the small cabin into a restaurant and to build a residential addition onto the cabin. At the time (1988) the property was zoned Office (0), the zone district that preceded the Mixed Use zone that now applies to the property. The Office zone that was in effect in 1988 was considerably less permissive in terms of allowed uses than is today's Mixed Use zone. The Office zone listed only a limited number of commercial uses that were allowed in the zone district. All of those commercial uses were listed as conditional (not by right) uses and could occur only in structures that had received historic landmark designation. Included among that list was "restaurant". The then-owners of the property applied to have 300 West Main Street designated as an historic landmark so that the restaurant could be approved as a conditional use. The cabin was only 44 years old in 1988, and the City at that time typically only designated structures as landmarks when they were at least 50 years old. Nonetheless, following a favorable recommendation from the HPC, the City Council designated the structure as a landmark. Attached to and incorporated within the Ordinance is a summary of the findings upon which the designation and conditional use were granted, including the following finding: "Both the Housing Authority and P&Z expressed concern over the effect of this project on affordable housing. Working with the Planning and Zoning Commission, the applicant agreed to volunteer a restriction on the owner's dwelling unit to make it an accessory use to the restaurant as an inducement to the City for historic designation. P&Z stated that with this agreement, the applicant has essentially mitigated employee housing impacts." It is important to note, however, that the condition and covenant did not place an affordable housing category restriction on the unit. Instead, the condition and the covenant caused the residential unit to be an accessory use to the restaurant that can be occupied first by the restaurant owner or manager and secondarily by another employee of the restaurant or other employee of the community. This represents what might be considered a "resident-occupancy" kind of a limitation, not a price and income limitation. I Ms. Sara Adams June 26, 2013 Page Four Among the problems created by the covenant is that it is silent on what would be required of the residential unit if the restaurant is no longer in operation. This is critical to the current owner because the restaurant has not operated for approximately the last 20 years and there are no current plans to use the structure as a restaurant. Instead the property has been occupied as a residence during this lengthy time period. For the reasons listed below, the applicant believes that there is no longer a basis for this condition to be applied to this property or enforced in the form of a covenant. 1. The condition was required as part of a conditional use process and the conditional use has not operated for many years. The entire rationale for the condition — that there were affordable housing impacts from the restaurant use that should be mitigated, is no longer applicable to the way this property is used today. 2. In 2005 the City changed the zoning along Main Street, replacing the Office zone district with the Mixed Use zone district. The Mixed Use zone district allows a restaurant to operate in this location by right, not as a conditional use. It also permits concurrent commercial and residential uses of the property as principal uses. In fact, the zone district permits a 1:1 floor area ratio for a mixed use project, which is significantly more intense than the floor area that would be permitted if this property only had a residential use on it. Furthermore, the City has adopted growth management provisions that do not require any affordable housing to be provided for the first four employees generated by a commercial project in a historic landmark. Taken together, these current Code provisions mean that if the project that was approved in 1988 were to be proposed today, it would not be subject to a condition such as was imposed in Ordinance 21 and implemented via the restrictive covenant. There is simply no basis in the Land Use Code for such a restriction to be imposed today, making it all the more reasonable that this condition be removed. Based on the above points, the applicant respectfully requests that the Aspen City Council adopt an ordinance that repeals Section 2 of Ordinance 21, Series of 1988 and that authorizes the Mayor to sign the attached document which releases the restrictive covenant (see Exhibit#6). Ms. Sara Adams June 26, 2013 Page Five Conclusion The applicant has submitted the requested materials and provided compelling reasons for the City's release of the restrictive covenant. We look forward to having a City Council hearing date assigned to this request. Please do not hesitate to contact us if there is anything else you need to process this request. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. k... 32--49 Alan Richman, AICP EXHIBITS ,JLUI VyVVl1 3! 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Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: TO BE DETERMINED (b)ALTA Loan Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MITTEL EUROPA PROPERTIES, LLC, a Colorado limited liability company 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN TOGETHER WITH the Encroachment Agreement recorded August 24, 1988 in Book 571 at Page 653. PITKIN COUNTY TITLE,INC. Schedule A-PGA 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent of record. 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 60, Series of 1976 by City of Aspen recorded December 9, 1976 in Book 321 at Page 51. 9. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded August 24, 1988 in Book 571 at Page 653. 10. Terms, conditions, provisions and obligations as set forth in Declaration of Restrictive Covenants recorded February 7, 1989 in Book 585 at Page 489. 11. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded September 2, 1999 as Reception No. 435152 12. Terms, conditions, provisions and obligations as set forth in instrument recorded May 14, 2002 as Reception No.467410 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 25, 2008 as Reception No. 546081 as Resolution No. 18 Series of 2007. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 25, 2008 as Reception No. 546082 as Resolution No.25 Series of 2007. 15. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers, Inc. dated October 2005 as Job No. 34156. EXHIBIT#2 Ms. Sara Adams, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 R-E: - LETTER OF AUTHORIZATION-FOR LAND USE APPLICATION FOR 300-WEST MAIN STREET Dear Ms. Adams, Mittel Eurpoa Properties LLC is the owner of the property located at 300 West Main Street. I am one of the managers of the LLC. I hereby authorize Alan Richman Planning Services, Inc. and Michael Hoffman to submit a land use application to eliminate Section 2 of Ordinance 21, Series of 1988, which applied a condition to the occupancy of our property. Mr. Richman and Mr. Hoffman are authorized to submit this application on our behalf and to represent us in meetings with City of Aspen staff and the City Council. Should you have any need to contact us during the course of your review of this application please do so through Alan Richman Planning Services or you may contact us directly at the address or phone number listed below Sincerely, f Linda Connell, Manager Mittel Europa Properties LLC 300 West Main Street Aspen, CO 81611 970-920-3200 EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 970.429.2778 DATE: 6.18.13 PROJECT: 300 W. Main Street REPRESENTATIVE: Alan Richman, arichman(a�sopris.net, 920-1125 DESCRIPTION: 300 West Main Street was designated a local landmark in 1988 through the adoption of City Council Ordinance #21, Series of 1988. The designation is condition upon a deed restriction being filed with the Pitkin County Clerk and Recorder that restricts the residential unit to be used by an employee of the restaurant (the restaurant has been closed for 20+ years) or to a permanent employee of the community for 50 years. The restrictive covenant was recorded in 1989, reception # 308667, Book 585, Page 489. The applicant requests an amendment to Ordinance #21 of 1988 to remove the condition and to release the covenant. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures Review by: Staff for completeness and recommendation, City Council Public Hearing: Yes. Referral Agencies: None. Planning Fees: $1,950 for 6 billable hours (additional or less billable hours are at $325 per hour) Total Deposit: $1,950. Total Number of Application Copies: 12 copies. To apply, please submit 1 copy of: • Signed fee agreement with payment. • Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements,-contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • List of adjacent property owners within 300' for public hearing • Prior approvals. And 12 copies of: Letter explaining the request. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT #4 ORDINANCE NO. (Series of 1988) AN ORDINANCE DESIGNATING 334 W. HALLAM STREET, 300 W. MAIN STREET, AND 134 W. HOPKINS STREET AS H, HISTORIC LANDMARKS PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 7 OF THE MUNICIPAL CODE WHEREAS, owners of the real properties described as 334 W. Hallam, Lots K, L, and M, Block 42; 300 W. Main, Lots Q, R, and S, Block 44 ; and 134 W. Hopkins, Lots K and L, Block 59, all within the City and Township of Aspen, Colorado have filed private applications for H, Historic Landmark designation pursuant to section 7-704 of the Land Use Code of the City of Aspen, Colorado; and WHEREAS, each of the three properties were Listed in the 1980 Inventory of Historic Sites and structures, as amended in 1986, and two of the properties received historic evaluation ratings from the Aspen Historic Preservation Committee (hereinafter "HPC) as follows: 334 W. Hallam - '15" rating 300 W. Main - Not evaluated 134 W. Hopkins - 1121' rating for existing house and rating for house to be moved from 120 N. Spring St. ;and WHEREAS, owners of the real properties did voluntarily make the following commitments as inducements to the City to accept historic designation: 334 W. Hallam Conditions: 1. No changes will be made to the south, east and west elevation windows of the original house with the exception of the lower level east elevation window as amended and approved by HPC at final development review. 2 . The carriage house will not be demolished but rehabilitated utilizing as much of the historic fabric as possible. 3 . Proper maintenance and preservation of the original facade and architectural details shall be accomplished. 1 300 W. Main Condition: The attached residential unit shall be an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee, and will not be condominiumized; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. 134 W. Hopkins Condition: The asphalt siding on 134 W. Hopkins will be removed and the original siding restored and replaced as necessary within one (1) year after historic designation. and WHEREAS, HPC recommended historic designation of 334 W. Hallam on March 8, 1988, 300 W. Main on February 9, 1988, and 134 W. Hopkins on January 12, 1988 subject to the conditions volunteered by the owners, with the exception of the condition on 300 W. Main; and WHEREAS, the Aspen Planning and Zoning Commission recommended historic designation at duly noticed public hearings for 334 W. Hallam on May 3, 1988, 300 W. Main on April 26, 1988 and 134 W. Hopkins on May 3, 1988 subject to the conditions volunteered by the owners; and WHEREAS, City Council wishes to pursue those recommendations and complete the designation process. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section-I That the structure at 334 W. Hallam, Lots K, L, and M, Block 42, Townsite and City of Aspen, be granted H, Historic Landmark designation upon the conditions that: 1. No changes will be made to the south, east and west elevation windows of the original house with the exception of the lower level east elevation window as amended and approved by HPC. 2 2. The carriage house will not be demolished but rehabilitated utilizing as much of the historic fabric as possible. 3. Proper maintenance and preservation of the original facade and architectural details shall be accomplished. Section-2 That the structure at 300 W. Main, Lots Q, R, and S, Block 44, City and Townsite of Aspen, be granted H, Historic Landmark designation upon the condition that: A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized. Section 3 That the structures at 134 W. Hopkins, Lots K and L, Block 59, City and Townsite of Aspen, be granted H, Historic Landmark designation upon the condition that: The asphalt siding on 134 W. Hopkins will be removed and the original siding restored and replaced as necessary within one (1) year after historic designation. Section 4 That the Zoning District Map be amended to reflect the rezonings described in Sections 1, 2 and 3 and the Planning Director shall be authorized and directed to amend said map to reflect said rezonings. Section 5 That the Planning Director shall be directed to notify the City Clerk of such designations, who shall record among real estate records of the Pitkin County Clerk and Recorder's office a certified copy of this ordinance. Section 6 That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or 3 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7 eye,_ That a public hearing on the Ordinance shall be held on the Z' day of 1988, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the Imo, day of L - , 1988. - William L. Stirling, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY adopted, passed and approved this day of 1988. William L. Stirling, Mayor ATTEST: � C�-rte Kathryn 5' Koch, City Clerk sb.designation 4 MEMORANDUM TO: Aspen City Council --- THRU: Robert S. Anderson, Jr. , City Manager FROM: Roxanne Eflin, Planning Office iRA` RE: Historic Designation and Auxiliary Reviews for 334 W. Hallam St. , 300 W. Main St. , and 134 W. Hopkins St. DATE: June 13, 1988 SUMMARY: The Planning Office recommends approval of Ordinance z� (Series of 1988) on Second Reading. Additionally, there is one consolidated development application, the condominiumization of 134 West Hopkins, which we recommend the Council approve. INTRODUCTION: During the last several months three historic designation projects have been reviewed by HPC and P&Z, resulting in recommendations for historic landmark designation. A single ordinance has been prepared that would accomplish designation of all three properties. Case reviews for each application are presented below. On May 9, 1988, Council passed this Ordinance on First Reading. STANDARDS FOR HISTORIC DESIGNATION: Section 7-702 of the Municipal Code, as amended by Ordinance 5 (Series of 1988) , states the following standards for designation of historic landmarks. A structure must meet one or more of these standards to be eligible for designation. Staff's comments in response to each standard are in the case review section of this memorandum. Standard l: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historic significance to the cultural, social or political history of Aspen, the State of Colorado, or the United States. Standard 2: The structure or site reflects an architectural style that is unique, distinct, or traditional Aspen character. Standard 3 : The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Standard 4: The structure is a significant work of an architect whose individual work has influenced the character of 1 Aspen. Standard 5: The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood. Standard 6: The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or site of historical or architectural importance. CASE REVIEWS: 334 West Hallam Location: Lots K, L, and M of Block 42, Townsite and City of Aspen, Colorado. Zoning: R-6 Applicant's Request: The applicant is requesting historic landmark designation of 334 W. Hallam St. The owner intends to make alterations to the original house including removal of the newer two story addition, which would be replaced with a new addition and greenhouse. The owner also intends to partially demolish and reconstruct the carriage house, integrating historic fabric into the new where possible. The applicant has also developed plans for restoration of the original historic main house. Advisory Committee Actions: P&Z: The Planning and Zoning Commission recommended historic landmark designation of the subject property on May 3, 1988. The conditions to their recommendation, volunteered by the applicant as an inducement for designation, are: 1. No changes will be made to the south, east and west elevation windows of the original house with the exception of the lower level east elevation window as amended by HPC. 2. The carriage house will not be demolished but rehabilitated utilizing as much of the historic fabric as possible. 3. Proper maintenance and preservation of the original facade and architectural details shall be accomplished. HPC: On March 8, 1988 the Historic Preservation Committee recommended historic landmark designation of the structure at 334 W. Hallam St. subject to the same condition as stated above in P&Z 's motion. HPC approved conceptual development review on that 2 date subject to several conditions. On April 12, at the request of the applicant, HPC again reviewed and approved portions of the project, specifically the greenhouse/"sunspace" addition, which required a minor change to the east elevation, lower level original window, reconstructing the opening into a door to permit access into the sunspace. In HPC and staff's opinion, this minor change does not negate the •.` historical integrity of the structure and the recommendation for historic landmark designation stands. Historic Evaluation Rating: 115" Note: This property has been deemed eligible for listing on the National Register of Historic Places. Response to Standards: 1. The home and carriage house are associated with Eugene Wilder of the Aspen Lumber Company (one of Aspen' s oldest establishments) . 2. This home was constructed c. 1885. The front elevation of this two story home is notable for its unique two story polygonal bay with segmental arched windows defined at the top by small panes of stained glass. The quality detailing throughout the front facade and its highly visible corner location make this entire property exemplary of "Victorian" residential architecture. This home is featured on the cover of the Aspen Area Comprehensive Plan: Historic Preservation Element. The carriage house and simple fenestration of the east and west facades of the main house blend together well. Carriage houses are commonly found throughout the West End, most being original and renovated in such a way as to maintain their integrity yet be utilized for modern living. 3. The Wilder House embodies the characteristics of the gabled "L" with Victorian detailing elements, identified in the Guidelines as a historical architectural style in Aspen. 4. The Wilder House was constructed from local lumber and may have been built by The Aspen Lumber Company, established c. 1880- 1885, according to Barbara Norgren, preservation consultant who prepared the National Register nomination for this property. The house displays a high degree of craftsmanship which was available in Aspen at the time of its construction. Through careful restoration of the original elements, this house retains a great deal of its original integrity. 5. The special architectural features of this home and carriage house represent the historic character of this neighborhood and Aspen at the turn-of-the-century. Its high rating (11511) expresses 3 the important relationship this structure has to the neighborhood. 6. The Wilder House is situated near the very center of the historic "West End" neighborhood on a prominent corner. Its size, location, and architectural features present an excellent example of Aspen's history. It has special prominence because it is viewed by summer visitors enroute along 3rd Street to the Music Tent. Historic Designation Grant: Because 334 W. Hallam received an evaluation rating of 11511, it is eligible for a grant from the City of $2,000. The applicant has requested this grant. We have included this grant within the Ordinance. 300 West Main Location: Lots Q,R, and 8 of Block 44, City and Townsite of Aspen, Colorado. Zoning: 0 - Office zone district. Applicant's Request: Scott and Caroline McDonald request historic designation of the log house property. The project includes conversion of the existing 1400 square foot house into a fifty (50) seat restaurant. A two story addition, approximately 2300 square feet in size, would be attached to the north and west sides of the existing house for a four bedroom residence, garage and restaurant kitchen. A one bedroom employee unit was initially proposed within the addition, but has been deleted as a response to HPC's concerns about the bulk of the addition. Advisory Committee Actions: P&Z: The Planning and Zoning Commission recommended historic designation of 300 W. Main on April 26, 1988 recognizing that the attached residential unit is an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee, and will not be condominiumized; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The applicant volunteered such restriction on the property as an inducement for historic designation and agreed to prepare a legal instrument establishing the restriction for review before city Council. HPC: HPC recommended historic landmark designation of 300 W. Main on February 9, 1988. On that date HPC also gave conceptual development review approval to the addition subject to several conditions. HPC continued conceptual development review to ascertain whether the conditions of approval had been met. Design changes have been made following each hearing to address concerns raised. After five meetings, HPC has directed staff to prepare a resolution of conceptual development approval referencing 4 specific plans for adoption at their May 10, 1988 regular meeting. It should be noted that HPC is able to grant a requested encroachment into the rear yard set-back at Final Development approval through Section 9-103.0.2 of the Municipal code as amended. Housing Authority: In an April 4, 1988 memorandum, Jim Adamski noted that the new code would require housing for 35% (* Changed to 601 in ordinance 5) of the employees generated from expansion or change in use of an historic landmark. The existing code does not require any employee housing mitigation for changes in use of historic landmarks. While originally the applicant had proposed an employee housing unit, this commitment has been dropped and no employee housing mitigation would be provided. At the April 7, 1988 meeting the Housing Authority recommended that the applicant mitigate the employee housing impact that the restaurant will generate in accordance with the intent of the new code. Historic Evaluation Rating: The log house was not given a rating by HPC in January, 1987 because the evaluations focused on mining era structures. Response to Standards: 1. The applicants researched Assessor's records and concluded that the original structure on the site was built prior to 1893 and torn down some time between 1930 and 1940. The log house was built around 1944. There is no documentation that the house or site has significant historical association. 2. The house is one of the only log structures remaining in Aspen, along with the cabins at 205 S. Third Street and 527 W. Main Street. While it is newer than these other two cabins, it is in a more prominent location and setting. Log construction with chinking, the cross gable roof, and the square windows with small panes are typical of the Pioneer (1850-1930's) and Rustic (post 1940) styles now rare in Aspen. The 1980 Inventory of Historic Sites and Structures considered the log house to possess distinctive characteristics of "type, style of architecture, and construction" and to be "a noteworthy surviving example of a style becoming rare in the locale or is identified with a street scene or other landscape. " The fact that it was built so recently (1944) makes historic landmark status questionable. However, given the structure's unique status, we feel we can support the viewpoint that it meets this criteria of architectural significance. The State Historical Society's architect, Jay Yanz, reported verbally on April 5, 1988 that he considered the log house to be a "classic". The HPC will review the proposed alterations and addition to the log house at Final Development Review to assure that the historic character of the property which is deemed worth preserving is 5 ----------- maintained. 3. The log house embodies the characteristics of the rustic residential building type, which is identified in the "Historic District and Historic Landmark Development Guidelines" as an historic architectural style in Aspen. 4. It is unlikely that a house of this type was designed by an architect. The applicant's research indicates that Leo "Pope" Rowland, an old-time Aspenite and the brother of "Red" Rowland, was the primary builder of the house. John Parsons, a mason who did work throughout the Valley, is credited with building the stone fireplace and chimney. The stonework in particular is outstanding; and it may be that Mr. Parsons' work influenced other use of moss rock in and around Aspen. No research has been done to confirm this. S. The log house is considered visually contributing to the Main Street Historic District, according to the 1980 Historic Inventory. The major spruce trees give a special, rustic character to the site and contribute to a sense of maturity, permanence and visual relief from buildings on Main Street. 6. The log house has a special prominence in the community because of its visibility on Main Street, in staff's opinion. Employee Housing Issue: Both the Housing Authority and P&Z expressed concern over the effect of this project on affordable housing. Working with the Planning and Zoning Commission, the applicant agreed to volunteer a restriction on the owner's dwelling unit to make it an accessory use to the restaurant as an inducement to the City for historic designation. P&Z stated that with this agreement, the applicant has essentially mitigated employee housing impacts. The concept of this restriction has been stated in Section 2 of the attached Ordinance based on P&Z's motion. The deed restriction document has been completed by the applicants and is attached for Council review. The document specifically restricts the attached residential unit as an accessory use to the restaurant, for the use of the restaurant owner/manager, or an employee. The owner, however, will have the right to rent out the unit to other permanent employees of the community. Further, the property can not be condominiumized for as long as the owners, their heirs, etc. enjoy the conditional use granted hereinabove. The covenants shall run with the land and shall be binding for the period of fifty (50) years from the date of the covenants. 134 West Hopkins Location: Southeast corner of Hopkins and First, Lots K and L of Block 59, City and Townsite of Aspen, Colorado. 6 ............... W":`�'" ._ ,1-7. 14 '.`t �v. "4+ .� �r tt��, ! ''� ^ .Z• • , .qa �X r Y `�!'Tlh �'J.tn' � i 4 . t 0¢i 1 . Recorded at_ o'clock2 M . ._2_" �. SILVIA DAVIS MIN COtlNTY RECORDER DECLARATION OF RESTRICTIVE COVENANTS The City of Aspen, Colorado, a municipal co Scott and Caroline McDonald, husband and wife as oration, and Joint tenants, all as their interests may appear (hereinafter "Covenantors") , {` ' for themselves and their heirs, administrators, successors and assigns, do covenant and hereby restrict the below-described real property as follows: 1. Covenantors are the legal and equitable owners of the following-described real ;property, and the i,nprovements located thereon: f Lots Q,R,S, Block 44 of the Original Township of Aspen, I Colorado; also known as 300 W. Main Street Aspen, Colorado 81611 2. The above-described property shall be restricted in the following manner: t.. a) The property shall be granted "historic landmark" x designation, and the attached residential unit shall be restricted as an conditional/accessory use to the restaurant, primarily for the use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. Further, the property shall not be condominiumized for long as the owners, their heirs, administrators, assigns, and successors enjoy the conditional use granted hereinabove. 3 The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above-described property or any part hereof, and k their administrators, representatives, successors and assigns, for the period of fifty (50) years from the date these covenants, restrictions and conditions are recorded. 4 The covenants contained herein shall not be released or waived in any respect or modified or amended during the period } they are binding except -by the City of Aspen, which action shall be reflected by Resolution of the City Council of the City of � Aspen. w S 5. In any legal proceeding to enforce the provisions of , =here covenants, restrictions and conditions, the prevailing ;arty shall be entitled to recover its costs and fees therein, .ncluding its reasonable attorneys fees and expert witness fees. i� �s .f IN WITNESS WHEREOF, the pa ies hereto have set their hands �= and peals this _` 'day of COVENANTOR: THE CITY OF ASPEN, COLORADO By -t-' j_ William L. Stirling, Mayor ATTEST: ' 13 - Kathryn&l. Koch, City Clerk APP ROVED AS TO FORM: aul J. dune City Atto mey COVENANTOR: Caroline McDonald ... Scott McDonald�r1�--�------a t STATE OF COLORADO ) ss. lk a County of Pitkin ) Subscribed and sworn to before nee this ,� r� day of r � , 1988, by Scott and Caroline McDonald,,,,,,, WITNESS MY HAND AND OFFICIAL SEAL. . • My commission expires: i �. 4 1:�y All otary Public S,' Address kM R EXHIBIT #6 TERMINATION OF COVENANTS This Termination of Covenants (this "Termination") is made effective this day of , 2013, by the City of Aspen, Colorado ("City"), a Colorado home rule municipality, and Mittel Europa Properties LLC ("Owner"), a Colorado limited liability company, as owner of the real property identified in Exhibit A, attached hereto, (referred to herein as the "Property") for the termination of that certain Declaration of Restrictive Covenants recorded in the real property records of Pitkin County on February 7, 1989, in Book 585 at Page 489 as Reception No. 308667 (the "Covenants"). RECITALS: A. In 1988 Scott and Caroline McDonald (the "McDonalds") were the owners of the Property. They sought approval from the City for, among other things: (a) historic designation of the cabin located on the Property (the "Cabin"), (b) the right to build an addition to the Cabin (the "Addition") and (c) the right to use the Cabin as a restaurant and the Addition as a residence. They planned to use the Addition primarily as housing for the owner, manager or an employee of the restaurant. B. Restaurant use was permitted as a conditional use within the zone district in which the Property was located. C. The City granted each of the requests of the McDonalds described in Recital A, above. In Ordinance No. 21 (Series of 1988), the Aspen City Council conditioned its approval as follows: A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized. D. This condition was memorialized in the Covenants. E. Although the Property was initially used for the purposes described in the McDonalds' 1988 application to the City, the Cabin has not been used as a restaurant for approximately 20 years. There are no current plans to restore restaurant use to the Property. F. Zoning for the Property was changed in 2005. Concurrent residential and restaurant use is permitted by right within the Mixed Use (MU) zone district, which includes the Property. Termination of Covenants Page 1 G. Concurrent use of the Property for commercial and residential purposes is consistent with the aims of the Mixed Use (MU) zone district and the City's planning for the area which includes the Property. H. Pursuant to Ordinance No. _ (Series of 2013), on , 2013 (referred to herein as the "Effective Date"), the Aspen City Council granted Owner's request that the Covenants be terminated. THEREFOR, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties agree that the Covenants should be, and by the execution of this agreement by both the City and Owner, are hereby terminated effective upon the Effective Date. [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Termination of Covenants Page 2 IN WITNESS WHEREOF, the City and Owner have signed this Termination of Covenants as of the Effective Date. CITY OF ASPEN a Colorado home rule municipality By: Stephen J. Skadron Mayor ATTEST: Kathryn S. Koch City Clerk STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by Stephen J. Skadron as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, a Colorado home rule municipality. WITNESS my hand and official seal. My commission expires: Notary Public Termination of Covenants Page 3 MITTEL EUROPA PROPERTIES, LLC a Colorado limited liability company By: Name: Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2013, by as Manager of Mittel Europa Properties, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: Termination of Covenants Page 4 Page 1 of 1 111111111111111 IN IN Print Date: Pitkin County Transaction#: 57827 1/8/2014 4:02:00 Janice K. Vos Caudill Receipt#: 201400201 PM Clerk and Recorder 530 East Main Street Cashier Date: 1/8/2014 4:01:58 PM Aspen, CO 81611 (TDRISCOL) (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 01/08/2014 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Mail Total Fees $31.00 ATTN CITY CLERK Return Code: Over the Total Payments $31.00 Counter y Trans Type: Recording Agent Ref Num: 1 Payments M-2 CAS1[ $31.00 1 Recorded Items 1L BK/PG: 0/0 Reception:607200 Date:11812014 R (TERM COV) "1`HWINATION OF 4:01:57PM COVI?NANl'S From: To: F ding @ $11 for 1 pg and $5 for 2 or more Surcharge 5 $31.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 1/8/2014 RECEPTION#: 607200, 01/08/2014 at 04:01:57 PM, 1 of 5, R $31.00 Doc Code TERM COV Janice K.Vos Caudill, Pitkin County, CO TERMINATION OF COVENANTS This Termination of Covenants (this "Termination") is made effective as of the 9'i' day of September, 2013, by the City of Aspen, Colorado ("City"), a Colorado home rule municipality, and Mittel Europa Properties LLC ("Owner"), a Colorado limited liability company, as owner of the real property identified in Exhibit A, attached hereto, (referred to herein as the"Property")for the termination of that certain Declaration of Restrictive Covenants recorded in the real property records of Pitkin County on February 7, 1989, in Book 585 at Page 489 as Reception No. 308667 (the"Covenants"). RECITALS: A. In 1988 Scott and Caroline McDonald (the "McDonalds") were the owners of the Property. They sought approval from the City for, among other things: (a) historic designation of the cabin located on the Property (the "Cabin"), (b) the right to build an addition to the Cabin (the "Addition") and (c) the right to use the Cabin as a restaurant and the Addition as a residence. They planned to use the Addition primarily as housing for the owner,manager or an employee of the restaurant. B. Restaurant use was permitted as a conditional use within the zone district in which the Property was located. C. The City granted each of the requests of the McDonalds described in Recital A, above. In Ordinance No. 21 (Series of 1988),the Aspen City Council conditioned its approval as follows: A deed-restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for use of the restaurant owner/manager or an employee; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The property will not be condominiumized. D. This condition was memorialized in the Covenants. E. Although the Property was initially used for the purposes described in the McDonalds' 1988 application to the City, the Cabin has not been used as a restaurant for approximately 20 years. There are no current plans to restore restaurant use to the Property. F. Zoning for the Property was changed in 2005. Concurrent residential and restaurant use is permitted by right within the Mixed Use (MU) zone district, which includes the Property. Termination of Covenants Page 1 G. Concurrent use of the Property for commercial and residential purposes is consistent with the aims of the Mixed Use (MU)zone district and the City's planning for the area whichy includes the Property. H. Pursuant to Ordinance No. 33 (Series of 2013), on September 9, 2013 (referred to herein as the "Effective Date"), the Aspen City Council granted Owner's request that the Covenants be terminated. THEREFOR, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties agree that the Covenants should be, and by the execution of this agreement by both the City and Owner, are hereby terminated effective upon the Effective Date. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Termination of Covenants Page 2 IN WITNESS WHEREOF, the City and Owner have signed this Termination of Covenants as of the Effective Date. CITY OF ASPEN a Colorado home e municipality By: Stephen J. Skadron b 11 1�-41�C Mayor ATTEST: &�� athryn S. Koc City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowled e before me this day of, 201q, by -fi"s as Mayokid�d Kathryn S. Koch as City Clerk of the City of Aspen, a Colorado home ruse municipality. WITNESS my hand and official seal. My commission expires: --1-12 1201 ci i Notary �Y w ublic i Ua9 . MDA M. �9 1, OF Wp commission Ex0es MEW Termination of Covenants Page 3 MITTEL EUROPA PROPERTIES,LLC a Colorado limited liability company By: �A Corene Mc overn Manager STATE OF COLORADO } ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this, day of November, 2013, by i Corene McGovern as Manager of Mittel Europa Properties, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: CHRISTINE CUNNtNCiHAM y � NOTARY PUBLIC MATE OF COLORADO �(�}fQ�r(f P"`l� N®TARY w=0540XI20 � 111I �rM, Termination of Covenants Page 4 Exhibit A Legal Description of Property Lots Q, R and S,Block 44,Original Township of Aspen, Colorado, Commonly known as 300 West Main Street,Aspen, Colorado 81611 Termination of Covenants Page 5