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Home My WebLink Aboutresolution.hpc.09.2024RECEPTION#: 704741, R: $33.00, D: $0.00 DOC CODE: RESOLUTION pg 1 of 51 09/12/2024 at 12:36:49 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #09 (SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR SUBDIVISION, PLANNED DEVELOPMENT - PROJECT REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120 E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 139 1993 IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-124-38-002 & 2735-124-70-002 WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street, Denver, CO 80204 has requested approval for AspenModern historic designation for the property located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and, WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was rezoned from Public (P) to the Office (0) Zone District pursuant to Ordinance 15, Series of 1990; and, WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the office (0) Zone District pursuant to Ordinance #82, Series of 1992; and, WHEREAS, the Office Zone District was adjusted to the Mixed -Use (MU) Zone district, pursuant to Ordinance 0, Series of 2005; and, WHEREAS, pursuant to Section 26.415.025.C.1, a ninety -day timeframe within which the Applicant and City Council agree to evaluate the proposed designation commenced on May 6, 2024, and will expire on August 4, 2024; and, WHEREAS, City Council at a regular meeting on July 23, 2024, passed Resolution #087, Series of 2024 via the Consent Agenda extending the negotiation period to August 27, 2024. WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific benefits to secure voluntary historic designation following a recommendation from the Historic Preservation Commission (HPC); and, WHEREAS, to recommend approval of Voluntary AspenModern Landmark Designation, HPC must find the application meets the requirements of Aspen Municipal Code Page 1 of 5 HPC Resolution #09, Series 2024 Section 26.415.030; and, WHEREAS, to recommend approval of Conceptual Major Development, the HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.070, Development Involving Designated Historic Property or Property within a Historic District; and, WHEREAS, to recommend approval of Transferrable Development Rights, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to recommend approval of Major Subdivision, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and, WHEREAS, to recommend approval of Planned Development — Project Review, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.445, Planned Development); and, WHEREAS, to recommend approval of Growth Management, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470. 100, Planning and Zoning Commission Growth Management review; and, WHEREAS, to recommend approval of Special Review, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.515.080, Parking & Transportation; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of certain benefits, subject to conditions; and, WHEREAS, on July 24, 2024, HPC considered the application, the staff memo and public comment under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, HPC found the proposal consistent with the review standards and supports the voluntary designation of this property as one of the best and most intact examples of a Wrightian Architecture in Aspen and recommends approval of the request by a vote of seven to zero (7-0) NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION: Section 1: Voluntarypen AspenModern Landmark Designation and Benefits: HPC recommends approval of AspenModern Landmark Designation, and certain benefits as requested in the application and described herein, subject to the following conditions: 1. Pending approval of Major Subdivision (combining Lots I and 2), the resulting parcel shall be designated an AspenModern Landmark. Page 2 of 5 HPC Resolution #09, Series 2024 Section 2: Transferrable Development Rights: HPC recommends approval of ten (10) TDRs subject to the following conditions: 2. A conservation easement shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from future development. Section 3: Major Subdivision: HPC recommends approval of Major Subdivision to combine Lots I and 2, subject to the following conditions: 1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater runoff, vehicular access, tree care, and utility placement shall be met in accordance with City requirements. These details shall be worked out at the time of building permit. 2. The right-of-way between the designated building and the rear addition shall be at least 20- ft. in width. Section 4: Planned Development- Project Review: HPC recommends approval of Planned Development -Prof ect Review as needed to provide flexibility in the provision of the approved benefits and the site plan proposed by the Applicant, subject to the following conditions: 1. A subsequent application for Detailed Review shall be submitted to the Community Development Department within one year of Council approval. 2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision development agreement, and other documents required pursuant to Title 26 shall be submitted to the Community Development Department within 180 days of approval of Detailed Review. 3. A three-foot setback along the north (rear) property line and a zero -foot setback along the east (side yard) property line shall be memorialized as part of the building envelope and included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying zoning and shall also be included as part of the building envelope. a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the City of Aspen Land Use Code may be developed outside the boundary of the building envelope 4. Two residential dwellings with a cumulative maximum floor area of 2,481 sq. ft. may be developed on the property consistent with the drawings represented in the application. Minor changes of a technical nature may be approved administratively at the discretion of the Community Development Director. 5.' HPC was mixed in their support of the request that the residential units be allowed to be free-market residential use and will defer to Council's eventual decision on the topic. 6. HPC supports the proposed parking plan as represented in the application, subject to the following conditions: a. A total of nine off-street parking spaces shall be provided. b. Four of the spaces shall be tandem "stacked." It is recommended that these spaces be reserved for employees of the commercial space and not for customers. The parking plan that is required shall dictate the use of these spaces and clarify such details. c. At least one covered parking space (under the rear addition) shall meet minimum ADA standards. Page 3 of 5 HPC Resolution #09, Series 2024 Section 5: Growth Management Review: HPC recommends approval of Growth Management subject to the following conditions: 1. HPC supports a guarantee that any remaining affordable housing mitigation required for the commercial building has been met. 2. HPC does not support meeting mitigation requirements via fee -in -lieu and recommends that mitigation be met upfront in a form/method acceptable to Title 26 of the Municipal Code (i.e., buy -downs, onsite housing, credits, etc.). Section 6: Miscellaneous Benefits: HPC recommends approval of the following Miscellaneous benefits requested by the Applicant, subject to conditions: 1. If free market residential development is approved, HPC does not support waiving planning fees, including land use review frees, building permit fees, tree removal mitigation fees, parks fees, and Air Quality (TDM) fees for the new development. If 100 percent deed restricted housing is approved, HPC defers to the fees waived per Title 26 of the Land Use. 2. HPC supports five (5) years of vested rights. 3. HPC was mixed in their support for the applicant's request for a six-month rescission period to allow the owners time to confirm the conditions of approval are acceptable for the property. HPC will defer to Council's eventual decision on the matter. Section 7: Conceptual Major Development HPC recommends approval of Historic Preservation Major Development subject to the following condition: 1. The applicant shall restudy fenestration and materials on the new construction in support of HP Design Guideline 11.6 — and shall present this restudy to HPC for consideration during Final Development Plan Review. Section 8: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in -public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 9: Existing Litigation: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: Severabili If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Page 4 of 5 HPC Resolution #09, Series 2024 APPROVED by the Commission at its regular meeting on July 24, 2024. APPROVED AS TO FORM: Luis erne, Assi nt City Attorney ATTEST: Mike Sear, Deputy City Clerk HISTORIC PRESERVATION COMMISSION: Gli U Ka a Thompson, HPC Chair Page 5 of 5 HPC Resolution #09, Series 2024