HomeMy WebLinkAboutcoa.lu.ca.Open Space 406 E Hopkins. ISIS - A66-99 CAS~F~OAD SUMMARY SHEET - CITY OF ASPEN ~--~
Hi RECEIVED: 10/3/96 CASE # A66-96
~TE COMPLETE: STAFF: e~ave Michael~u,~
ARCEL ID # 2737-182-24-
PROJECT NAME: Isis Open Space Text Ammendment
Project Address: 305SouthGalcnaSt. /--/~i)(~ ~-'],3oQUi~q
APPLICANT: Isis Theatre
Address/Phone: ~t~ ~ Galena Jx. , ~.,~'n. CO. 8 t-6-kl.,
REPRESIkNTATIVE: Sunny Vann
Address/Phone: 925-6958
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE FEES RECEIVED
PLANNING $2100 PLANNING $2100. # APPS RECEIVED 15
ENGINEER $0 ENGINEER $ # PLATS RECEIVED
HOUSING $0 HOUSING $ GIS DISK RECEIVED: No
ENV HEALTH $0 ENV HEALTH $ :
CLERK $0 CLERK $ TYPE OF APPLICATION
TOTAL $2100. TOTAL RCVD $2100. Two Step
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dreading) ~' I ~Yes U
CiW A~omey ~ Aspen Fire M~h~ U CDOT
Ci~ En~neer ~ Ci~ Water U ACSD
Zoning U CiW Elec~c ~ Holy Cross Elec~c
Housing ~ Cle~ ~r Bo~d ~ Roc~ Mm Na~ G~
O~er: H O~er:
~PROV~: Ordin~ce~esolu~on ~ Date:
St~f Approv~ Date:
Plat Recorded: Book , Page __
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
MEMORANDUM
TO: Mayor and Council
THRU: Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Planning Director
FROM: Amy Guthrie, Historic Preservation Officer
lIE: Isis Theater, Open Space Cash-in-Lieu Payment
DATE: March 9, 1998
SUMMARY: As part of the redevelopment of the Isis Theater, a cash-inrlieu payment is
required for open space which will not be provided on the site. The amount of the cash-
in-lieu is determined by multiplying the percentage of on-site open space being waived
by the appraised value of the subject property. In the case of the Isis the payment
amounts to $250,000.
The Land Use Code has historically required this payment to be due in full at issuance of
a building permit. Through Ordinance #45, Series of 1996, for which the Isis LLC was
the applicant, COuncil approved a code amendment to allow the cash-in-lieu payment to
be amortized into equal payments over five years, without interest. The applicant now
requests that the payment schedule be further addressed in one of the following manners:
1) begin making five $50,000 per year payments in year 5 rather than in year 1 as
currently required;
2) begin making $30,000 per year payments in year 3 with payments spread over 8
years with a residual payment in year 9;
3) begin making $50,000 per year payments in year one, but forgive up to $50,000
annually in additional sales tax generation over and above what the old Isis generated.
Staff recommends either option 1 or 2, which still provide the important open space fees
in a timely manner, while offering some relief to the applicant. Option 3 is not
recommended because sales tax is not charged on admissions. Two separate resolutions
are attached for Council review, one which approves the first option and one which
approves the second.
Staff finds that the continued use of the Isis as movie theaters, which have existed in the
building since the 1920's, is very important to the community, making efforts to
accommodate the potential difficulty of the project appropriate. This agreement should
however be tied to the approval of the site specific development plan for the renovation
of the building as theaters, as represented to, and approved by City Council via Ordinance
#59, Series of 1995. This condition is included in the resolution.
RECOMMENDATION: Staff recommends Council adopt Resolution # , Series of
1998."
CITY MANAGER COMMENTS:
Attachment:
Resolution # , Series of 1998
RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A PAYMENT
SCHEDULE FOR 406 E. HOPKINS AVENUE, THE ISIS THEATER, CASH-IN-
LIEU FOR OPEN SPACE MITIGATION
Resolution No.
VVItEREAS, pursuant to Section 26.64.040 of the Aspen Land Use Regulations,
cash-in-lieu payments for open space mitigation may be amortized into five equal
payments, without interest, over a period of five years; and
WHEREAS, Ordinance #59, Series of 1995 approved such a payment schedule for
406 E. Hopkins Avenue, the Isis Theater; and
WHEREAS, the owner, Isis LLC, has requested an amendment to the payment
schedule which allows the five $50,000 per year payments to begin in year 5 rather than in
year 1 as currently required; and
WHEREAS, in recognition of the value of the theater to the community, City
Council wishes to approve a modified payment schedule for the fees, to relieve some
burden that preservation of the theater use might have over converting the building to retail
shops.
NOW, THEREFORE BE IT RESOLVED by the City Council:
That payment of the $250,000 open space cash-in-lieu fee for 406 E. Hopkins be paid in the
following mmmer and according to the following conditions:
1. The five $50,000 per year payments, without interest, will begin on the fifth
anniversary after the date of issuance of the building permit, rather than in year 1 as
currently required.
2. If the property is not redeveloped according to the site specific development plan
for the renovation of the building as theaters, as represented to, and approved by City
Council via Ordinance #59, Series of 1995, this payment schedule shall be considered
null and void.
APPROVED by the City Council at its regular meeting on March 9, 1998,
Attest: Mayor:
Kathryn Koch, John Bennett
City Clerk
ORDINANCE NO. 45
(Series of 1996)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION
26.64.040(A)(3), REVIEW STANDAIS, DS FOR SPECIAL REVIEW, TO ALLOW
THE CASH-IN-LIEU FEE FOR OPEN SPACE IN THE COMMERCIAL CORE
ZONE DISTRICT TO BE AMORTIZED OVER A PERIOD OF UP TO FIVE
YEARS.
WHEREAS, Section 26.92.030 of the Municipal Code provides that
amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the Planning Director and then by
the Planning and Zoning Commission at a public hearing, and then approved,
approved with conditions, or disapproved by the City Council at a public hearing;
and
WHEREAS, the Planning Director did receive from the Isis LLC an
application for an amendment to the land use regulations, and reviewed and
recommended for denial, certain text amendments to Chapter 26 relating to
Section 26.64.040(A)(3); and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
· text amendment on November 19, 1996 at which time the Planning and Zoning
Commission recommended denial to City Council by a vote of 5-2; and
WHEREAS, the City Councit finds that the text amendment as proposed
is not consisten~ with the public welfare and purposes and intent of Chapter 26 of
the Municipal Code and does not meet the review standards of Section
26.92.010, and
WHEREAS, the City Council finds that the cash-in-lieu fee for open space
provides an essential source of funding for acquisition of open space and
creation of pedestrian improvements in the downtown area such as those
proposed in the "Downtown Enhancement and Pedestrian Plan"and should not
be eliminated; and
WHEREAS, the City Council finds that an amendment to Section
26.64.040(A)(3), which would allow amortization of the cash-in-lieu fee for open.
space in the Commercial Core Zone District over a period of up to five years
without interest is consistent with the public welfare and purposes and intent of
Chapter 26 of the Municipal Code and does meet the review standards of
Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Section 26.64.040(A)(3), Review standards for Special Review, is hereby
recommended to be amended to read as fo}lows:
3. For the reduction of required open space in the Commercial Core (CC)
zone district only, the applicant demonstrates that the provision of less than the
required amount of open space on-site will be more consistent with the character
of surrounding land uses than would be the provision of open space according to
the standard.
As general guidelines, the applicant shall take into account the following.
It may be appropriate to have open space on the site when the building is
located on a street corner, or the open space can be linked to an adjacent
historic landmark, or the open space is intended for a particular functional
purpose, such as dining or the protection of an existing tree. It may be
inappropriate to have open space on the site when other buildings along the
street front are built to the property line, especially along public malls, or when
the open space is configured in such a manner as to serve no public purpose.
When the commission determines open space is inappropriate on the site,
it may reduce or waive the requirement if the applicant shall make a payment-in-
lieu according to the following formula:
Appraised value of the unimproved land, multiplied by the percentage of
the site required to be open space which is to be developed, equals value of
payment.
The appraised value of the property shall be determined by the
submission of a current appraisal performed by a qualified professional real
estate apljraiser.
The payment-in-lieu of open space shall be due and payable at the time
of issuance of a building permit. All funds collected shall be transferred by the
building inspector to the finance director, for deposit in a separate interest
bearing account. Monies in the account shall be used solely for the purchase or
development of land for open space, pedestrian or recreational purposes within
or adjacent to the Commercial Core (CC) zone district. The commission may
allow the required payment-in-lieu to be amortized in equal payments over a
period of up to five years, without interest.
Fees collected pursuant to this section may be returned to the then
present owner of property for which a fee was paid, including any interest
earned, if the fees have not been spent within sever (7) years from the date fees
were paid, unless the council shall have earmarked the funds for expenditure on
a specific project, in which case the council may extend the time period by dp to
three (3) more years. To obtain a refund, the present owner must submit a
petition to the finance director within one (1) year following the end of the
seventh (7th) year from the date payment was received.
For the purpose of this section, payments collected shall be deemed ·
spent on the basis of the first payment in shall be the first payment out.. Any
payment made for a project for which a building permit is canceled, due to
noncommencement of construction, may be refunded if a petition for refund is
submitted to the finance director within three (3) months of the date of the
cancellation of the building permit. All petitions shall be accompanied by a
notarized, sworn statement that the petitioner is the current owner of the property
and by a copy of the dated receipt issued for payment of the fee.
When the HPC approves the on-site relocation of an Historic Landmark
into required open space, such that the amount of open space on-site is reduced
below that required by this Code, the requirements of this section shall be
waived.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate
as an abatement of any actlob 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 3:
If any section, subsection, sentence clause, phrase, or porEion 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:
A public hearing on the Ordinance shall be held on the 13th day of
January, 1997 in the City Council chambers, Aspen City Hall, Aspen, Colorado,
fifteen (15) days prior to which hearing a public notice of the same shall be
published in an 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 9th day of December, 1996.
ATTEST:
K h h, City Clerk
FINALLY, adopted, passed and approved this,~'~th day of January, 1997.
ATTEST:
~City Clerk
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: . Stan Clauson, Community Development Director
FROM: Amy Amidon, Historic Preservation Officer
RE: Isis Theater/Open Space Text Amendment
DATE: November 19, 1996
SUMMARY: The applicant proposes an amendment to Section 26.64.040.A.3 of the
Municipal Code. This section pertains to "Special Review" for the reduction of open
space requirements within the Commercial Core zone district. Although the Commission
currently has the authority to decrease the percentage of open space which must be
provided, the applicant must still mitigate by providing cash-in-lieu. The proposed code
amendment allows waiver of the cash-in-lieu requirement for historic landmarks only.
APPLICANT:Isis, LLC, represented by Sunny Varm.
REVIEW STANDARDS AND STAFF COMMENTS: Section 26.64.040.A.3, which
is proposed to be amended, currently reads as follows:
"3. For the ~'eduction of required open space in the Commercial Core (CC) zone
district only, the applicant demonstrates that the provision of less than the required
ctmount oldpen space on-site will be more consistent with the character of surrounding
land uses than would be the provision of open space according to the standard
As general guidelines, the applicant shall take into account the following. It may
be appropriate to have open space on the site when the building is located on a street
corner, o~ the open space can be linked to an adjacent historic landmark, or ~he open ·
space is intended for a particalar fimctional purpose, such as dining or the protection of
an existing tree. It may be inappropriate to have open space on the site when other
buildings along the street front are built to the property line, especially along public
malls, or when the open space is configured in such a manner as to serve no public
pztrpose.
r'Vhen the commission determines open space is inappropriate on the site. it may
reduce or waive the requirement if the applicant shall make a payment-in-lieu according
to the following formula:
Appraised value of the unimproved land, multiplied by the percentage of the site
required to be open space which is to be developed, equals value of payment.
The appraised value of the property shah be determined by the submission of a
current appraisal performed by a qualified proJbssional real estate appraiser.
The payment-in-lieu of open space shall be due and payable at the time of
issuance Qf a building permit. All funds collected shall be transferred by the building
ins79ector to the .finance director, Jbr deposit in a separate interest bearing account.
Monies in the account shall be used solely for the purchase or development of land for
open ~J;ace, pedestrian or recreational purposes within or a4jacent to the Commercial
Core (CC) zone district.
Fees collected pursuant to this seciion may be returned to the then present owner
of property for which a fee was paid, including any interest earned, if the fees have not
been spent within sever (7) years from the date fees were paid unless the council shall
have earmarked theftrods for expenditure on a specific project, in which case the council
_may extend the time period by up to three (3) more years. To obtain a refund, the present
owner must submit a petition to the finance director within one (1) year following the end
of the seventh (Tth) year from the date payment was received
For the purpose of this section. payments collected shall be deemed spent on the
basis of the first payment in shall be the ~rst payment out. Any payment made for a
project for which a building permit is canceled, due to noncommencement of
construction, may be refunded ira petition for refund is submitted to the finance director
within three (3) months of the date of the cancellation of the building permit. All
petitions shall be accompanied by a notarized, sworn statement that the petitioner is the
current owner of the property and by a copy of the dated receipt issued for payment of the
I~Vhen the HPC approves the on-site relocation of an Historic Landmark into
required open space, such that the amount of open space on-site is reduced below that
required by this Code, the requirements of this section shall be waived"
The review standards, per Section 26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages the preservation of historic structures, however the
preservation of open space is also a goal of the AACP. While many financial incentives
currently exist for historic preservation, the payment-in-lieu is one of only a few
development impact fees which address parks.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment creates a financial incentive which does riot
directly affect iand use.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to Which the proposed
amendment would exceed the capacity of such public facilitieS, including but not
limited to transportation facilities, sewage facilities, water Supply, parks, drainage,
schools, and emergency medical facilities.
Response: The applicant proposes to amend the language of this section to allow not
only a reduction in the amount of open space which must be physically provided, but also
to allow waiver of the payment-in-lieu. This is proposed to apply to the expansion of
historic landmark structures and would provide an additional incentive for their
preservation.
Staff has several concerns with the proposed amendment. While there is strong support
in the community for provision of incentives to encourage historic preservation, there is
also a desire to l~urchase and protect open space. Since approximately half of the
buildings in the Commercial Core are landmarks or could be landmarked, there is the
potential to significantly impact this open space fund. In addition, the project which is
associated with the proposed code amendment, the Isis Theater, has already received all
approvals, raising issues as to who may take advantage of the ~vaiver retroactively.
There has, in the recent past, been some discussion amongst Plam~ing staff as to whether
the open space requirement is appropriate in the Commercial Core, given a general desire
to maintain a strong facade line right next to the sidewalks, as is typical of historic
downtowns. A number of courtyards which have been created due to this provision,
especially those which are below sidewalk level, are not thought to pe useful or active
open spaces. Others though, particularly at street corners, are lively and provide
gathering areas and spaces for street performances. The existing code language seems to
provide the Planning and Zoning Commission with the ability to identify areas where
open space should be provided and instances when payment-in-lieu would provide the
City with the opportunity to create pocket parks or other green space in a better location,
making the regulation effectiv~ as written.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment may create Hmitations in the City's ability to maintain
and create new parks.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Both programs, historic preservation and parks are important to the overall
liVabili~y and community character of Aspen. Staff is very supportive of creating
incentives to preserve Aspen's architectural heritage, however numerous incentives
currently exist, many of which may run contrary to their initiai purpose by serving to
encourage more intense development ofhistori~ sites.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The proposed-amendment does not address any changing conditions
within the neighborhood.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment would not be consistent with the public interest
i~ its limitation of park funding.
STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission recommend Council not approve the proposed text amendment.
RECOMMENDED MOTION: "I move to recommend that City Council not
approve the !sis Theater/Open Space text amendment, finding that the review standards
of Section 26.92.010 are not met."
Exhibits:
A. Parks Department referral comments
VANN ASSOCIATES
Planning Consultants
October 2, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Isis Theatre/Open Space Text Amendment
Dear Dave:
Please consider this letter an application for an amendment to the language of
Section 26.64.040.A.3. of the Aspen Land Use Regulations regarding the City's pay-
ment-in-lieu of open space requirement (see Exhibit 1, Pre-Application Conference
Summary, attached hereto). The application is submitted pursuant to Section
26.92.040 of the Regulations by Isis, LLC, which has contracted to purchase the Isis
Theatre. Permission for Vann Associates to represent the Applicant and an executed
application fee agreement are attached as Exhibits 2 and 3, respectively.
Background
The Applicant has received several approvals with respect to the proposed renovation
and expansion of the existing Isis Theatre. In December of 1995, the Planning and
Zoning Commission granted a GMQS exemption for the expansion of the theatre
building (see Exhibit 4, P&Z Resolution No. 36-95). The P&Z also granted special
review approval to increase the property's allowable floor area, to reduce the
dimensions of the building's trash and utility area, and to reduce the minimum open
space requirement of the property's underlying zone district.
In January of 1996, the City Council approved the project's affordable housing
component (see Exhibit 5, Ordinance No. 59-95) and in February designated the Isis
Theatre property and building a Historic Landmark (see Exhibit 6, Ordinance No. 58-
95). The project has also received final development approval from the Historic
Preservation Commission. No further land use approvals are required prior to the
Applicant's commencement of construction.
While the P&Z reduced the amount of open space to be provided in connection with
the project (a reduction which the HPC supported), Section 26.64.040.A.3. of the
Regulations requires that a payment-in-lieu of open space be made to the City prior
230 East Hopkins Avenue · Aspen, Colorado 81611 ° 970/925-6958 · Fax 970/920-9310
Mr. Dave Michaelson
October 2, 1996
Page 2
to the issuance of a building permit for the renovation. As we have discussed, the
amount of the required payment is substantial, and has significant implications with
respect to the financial feasibility of the project.
The relevant regulation requires that the amount of the payment be based on the
appraised value of the project site, and is calculated by multiplying the appraised
value by the amount of the open space reduction. In this case, the open space
requirement of the underlying zone district is 25 percent, or approximately 2,257
square feet. The P&Z, however, reduced the project's open space requirement to
approximately 540 square feet, or 6 percent. This reduction represents a decrease in
the amount of required open space of 19 percent. The P&Z's approval was based
upon a finding that the provision of less than the required amount of open space was
more consistent with the character of surrounding land uses.
Assuming an appraised value of approximately $1,300,000.00, the approved 19 percent
reduction will require the Applicant to make a payment-in-lieu of open space in the
amount of $247,000.00 prior to the receipt of a building permit. While the logic for
requiring such payments is understandable, I believe that it is detrimental to the
City's goal of preserving Historic Landmarks. The preservation of historic structures
invariably involves significant costs which are not typically encountered in new
construction, and the imposition of an open space impact fee only serves to further
weaken the financial viability of preservation projects. To require payment when
both the HPC and P&Z consider the reduction in required open space tO be in the
community's best interest unreasonable burdens such projects. In effect, the
Applicant is required to purchase the property twice. The appraised value of the
required open space area is obviously included in the property's initial purchase price.
The Applicant pays for the same land again when required to make a payment-in-lieu
of open space based on appraised value.
Proposed Amendment
Section 26.64.040.A.3. of the Regulation currently permits the waiver of the payment-
in-lieu of open space fee in connection with HPC approval to relocate a Historic
Landmark. The existing regulatory language is as follows.
"When the HPC approves the on-site relocation of an Historic Landmark
into required open space, such that the amount of open space on-site is
reduced below that required by this Code, the requirements of this section
shall be waived."
This waiver was obviously incorporated as an incentive for the preservation of historic
structures as it permits flexibility in site planning without imposing the financial
burden of an open space impact fee. In keeping with this concept, I believe that a
Mr. Dave Michaelson
October 2, 1996
Page 3
similar waiver should be available when the expansion of a Historic Landmark results
in a reduction in required open space. Expansions such as that proposed for the Isis
Theatre provide the economic foundation on which the financial feasibility of historic
preservation is inevitably based. The proposed amendment to the language in
question is as follows.
"When the HPC approves the on-site relocation and/or expansion of an
Historic Landmark into required open space, such that the amount of
open space on-site is reduced below that required by this Code, the re-
quirements of this section shall be waived."
Precedence for the above concept can be found in Section 26.100.050.B.2.a.(2)(b) of
the Regulations. This section contains the GMQS exemption provision under which
the P&Z approved the Isis Theatre expansion. More specifically, this section
provides a waiver for the City's payment-in-lieu of parking fee when the expansion of
a Historic Landmark precludes the provision of on-site parking. As you may remem-
ber, the Applicant's parking impact fee requirement was waived in connection with
the P&Z's approval of a GMQS exemption for the proposed expansion. The ability
to waive the required open space impact fee would be consistent with the current
ability to waive the Regulations' parking fee requirement. In both cases, the objec-
tive is to encourage the best possible design without unduly financially handicapping
projects involving the preservation of Historic Landmarks.
Review Requirements
Pursuant to Section 26.92.030, an application for an amendment to the text of the
Aspen Land Use Regulations may be submitted at any time during the year. The
review criteria for such applications, and the proposed amendment's compliance
therewith, are summarized below.
1. "Whether the proposed amendment is in conflict with any applicable
portions of this title."
To the best of my knowledge, the proposed amendment does not conflict with
any other regulatory requirement of the Regulations.
2. "Whether the proposed amendment is consistent with all elements of
the Aspen Area Comprehensive Plan."
While the Aspen Area Community Plan does not specifically address the
proposed amendment, the Plan establishes at least two goals which the amendment
should help to achieve. First, the Plan seeks to preserve the community's historic
resources as essential components of the City's history and architectural fabric.
Mr. Dave Michaelson
October 2, 1996
Page 4
Second, the Plan calls for the preservation of "locally" serving commercial uses. The
proposed amendment will make it more financially feasible to preserve historic struc-
tures and, in the case of the Isis Theatre, retain its historic locally serving use.
3. "Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and neighborhood
characteristics ."
This review criteria would appear to apply primarily to an application for
rezoning and is not believed to be applicable to the proposed amendment.
4. "The effect of the proposed amendment on traffic generation and road
safety."
The proposed amendment will have no adverse impact on traffic generation or
road safety.
5. "Whether and the extent to which' the proposed amendment would
result in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities."
The proposed amendment will have no adverse impact on the City's public
facilities. While the amendment could arguabty result in reduced funding for open
space and recreation purposes, its applicability is limited (i.e., Historic Landmarks
only), and the resulting loss of funds is more than offset by the benefits attributable
to the preservation of the community's historic resources.
6. "Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment."
The proposed amendment will have no adverse impact on the natural environ-
ment.
7. "Whether the proposed amendment is consistent and compatible with
the community character in the City of Aspen."
This review criteria would appear to apply primarily to an application for
rezoning, and is not believed to be applicable to the proposed amendment.
8. '~vVhether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the proposed amendment."
Mr. Dave Michaelson
October 2, 1996
Page 5
This review criteria would appear to apply primarily to an application for
rezoning, and is not believed to be applicable to the proposed amendment.
9. "Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title."
The public interest would be served in that the proposed amendment will
provide an additional incentive through the waiver of the payment-in-lieu of open
space fee for the renovation and preservation of Historic Landmarks. The amend-
ment is consistent with, and would significantly further, the intent of the City's Land
Use Regulations. As any waiver of the required paymentoin-lieu fee would be discre-
tionary (i.e., subject to HPC approval), no adverse impact would occur merely from
the amendment's adoption. The amendment should be viewed as simply expanding
and supplementing the Regulations' existing arsenal of historic preservation incen-
tives.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VANN SSOCIATES
AICP
:
Attachments
e:\bus\city. app\app32796.ta
EXHIBIT 1
City Of Aspca
Prc-Al~plicallmt C~n/etcttcc Summary
IZ-ZZ-qL~
Rel~resenla~ive s I'houe ~- ~
Owner'sNnme ~/~
'llteeNtplicm~l has hecu tcquc~lc~l Io resltond Ig the followiu~ items NId provide Ih¢ following
reports:
~tltJ USe ~o(le ~e~ljOll CUIIIIIIeIIIS
Referral ABe,tel~ The review is: (I,&Z, only) (CC o,~)](P&Z and CO)
~ ~ I'ublic II~ring: ~ (no) .
TU'rALII~I~rr ~ ~.o,
(Additiglml Iloer~ ~ JJ~ at a talc gl ~lhr.)
1'o Appl~ Submit Ihe Irolknvh~g hffm'nmllun:
2. Sigstc{I ft'c agtctm~cm.
5. .J~.. c~qfic~ ~ff the C('lttJtlClC alqflicnti~, Imck~t m;;( maps.
7. An S I/2" hy I I" vicinity map locating Ihc parcel wilhin life City or
X~ Sjl~ plan ~hall inclmlc pr,l~rlY bomala~ics, Iol si~c, prol~scd access, a,O I~hysical
'r}mse ilems ,e~l a, be sliDmilled if circled:
n. List (If all.latent I~mltcrty owners willfin 300 feet ~r tile subject property with addroast.
It. Site Ilholo~.
Ili$tgtic I't¢sctvatign gommissiun
'.;
EXHIBIT 2
September 30, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Michaelson:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent us in the processing of our application for an amendment to
the text of the Aspen Land Use Regulations. Mr. Vann is hereby authorized to act on
our behalf with respect to all matters reasonably pertaining to the aforementioned appli-
cation.
Should you have any questions, or if we I can be of any further assistance, please do not
hesitate to call.
Sincerely,
Sam Houston, ~nage~
Isis, LLC
305 South Galena, #8
Aspen, CO 81611
(970) 925-8664
SV:cwv
c:Xbus~city.ltfiltr32796.dml
"' ""' EXHIBIT 3
ASPEN/PITKIN
COMXX, IUNITY DEVELOPM2ENT DEPARTNIENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and//9/d'~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application tbr
(hereinafter, THE PROJECT').
2. APPLICANT understands and agrees that Citv of Aspen Ordinance
No. 53 (Series of I995) establishes a fee structure tbr Plahning applications and
the payment of all processing fees is a condition precedent to a detern~ination of
application completeness.
3. APPLICANT and CITY agree that because of the size. nature or
scope of the proposed project. it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interes~ of the parties t{~ alh~w APPL,rCANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
bene~ted by retaining greater cash liquidky and will make additionai payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be bene~ted through the greater certainty of recovering 'its Pull
costs to process APPLICANT'S application.
4. CITY and APPLICANT flirther agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for prnject approval. unless
current bil'Iings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application ~
completeness, APPLICANT s all pay an initial deposit in the mount of $~,/d~-'
which is for hours of Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
By~ ~ i :~ '-"- ~ - By: 4
Community Development Director Date: fO/~/~',-
Mailing Address:
2
EXHIBIT 4
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GMQS EXEMPTION, AND SPECIAL REVIEWS TO EXCEED THE
ALLOWABLE FLOOR ARE IN THE CC ZONE DISTRICT, THE REDUCTION OF
DIMENSIONS. OF REQUIRED TRASH AND UTILITY SERVICE AREA, AND A
REDUCTION ~N THE MINIMUM OPEN SPACE REQUIREMENT IX THE CC ZONE
D~STRICT FOR THE ISIS THEATER (LOTS L,M AND N, BLOCK 87)
CITY AND TOWNSITE OF ASPEN
RESOLUTION~%~
(SERIES OF 1995)
WHEREAS, Section 24-8-204.Boc. of the Aspen Municfpal Code
allows the Planning and Zoning Commission to grant a GNOS Exemption
for the enlargement of a historic landmark to be used for
commercial and residential purposes which increases both the
building's existing floor area and its'net leasable square footage~
and
WHEREAS, Section 24-5-209.D.11 of the Aspen Municipal Code
allows the Planning Commission to grant Special Review approval to
exceed the allowable floor area of 1.5:1 to 2.0:1 in the CC Zone
District; and
WHEREAS, Section 24-5-209.D.6o of the Aspen Municipal Code
allows the Planning Commission to grant Special Review approval to
reduce the required dimensions of the required trash and utility
service area; and
WHEREAS, Section 24-7-404.A.3. of the Aspen Municipal Code
allows the Planning Commission to grant Special Review Approval to
reduce the minimum open space requirements in the CC Zone District;
and
WHEREAS, the Planning Director did receive from ISIS LLC
(Applicant) and has reviewed and recommended for approval an
application (the "Plan") for a GMQS Exemption, Special Use Review
to exceed allowable floor area in the CC Zone District, Special Use
Review to reduce the dimensions of the required trash and utility
service area, and Special Use Review to reduce the minimum open
space requirement in the CC Zone District; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A)(5) of the Municipal Code and did conduct a
public hearing thereon on December 5, 1995; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 2 of Article
8 (Growth Management Exemption), Division 2 of Article 5 (Special
Use Review - Floor Area and Trash/Utility Area) and Division 4 of
1
Article 7 (Special Use Review Reduction in Open Space) the
Planning and Zoning Commission has recommended approval of the ISIS
Theater's above mentioned requests; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY QF ASPEN, COLORADO as follows:
That the Commission approves a GMQS Exemption for the enlargement
of a historic landmark to be used for commercial and residential
purposes which increases both the building's existing floor area
and its net leasable square footage, and approves the special use
review requests to exceed the allowable floor area of 1.5:1 to
1.8:1 in the CC zone district, the reduction of the required trash
and utility service area, and the reduction of the minimum open
space in the CC zone district, with the following conditions:
1. All representations made -in the application or by the
applicant at the Planning and Zoning Commission meeting shall be
adhered to during development.
2. The final development plans shall include a drainage plan
prepared by a registered engineer that provides for no more than
historic flows to leave the site as described n Section 24-7-
1004.C.4. of the Municipal Code. No drainage shall be allowed to
enter the alley.
3. If sidewalk repair work is deemed necessary by the Engineering
Department, it must be performed prior to an issuance of a
certificate of occupancy.
4. The building permit application shall include a site
improvement survey. A note shall be provided on the survey that
"all easements of record as indicated on Title Policy No. ( ),
dated ( ), have been shown hereon."
5. Any proposed landscaping shall be shown on the final
development plan in the building permit application. The landscape
design shall be approved by the Parks Department and must meet
streetscape guidelines.
6. The applicant shall agree to join any improvement district
formed for the purpose of constructing improvements in the public
right-of-way.
7. The applicant shall consult city engineering (920-5088) for
design considerations of development within the public right-of-
way, parks department (920-5120) for vegetation species, and shall
obtain permits for any work or development, including landscaping,
with public rights-of-way from the City Streets Department (920-
5130).
8. The applicant shall be responsible for providing an audit of
employees two years after the issuance of a C.O. verifying the
employee assumptions contained in the application. This audit must
be done via an independent report supplied by the applicant and
reviewed by the Housing Office fOr'accuracy. If the audit
determines that employment has ~Xceeded the five FTE's, the
applicant shall be required to mitigate any additional employees
according the Guidelines in affect at that time. In addition, the
approved employee calculation of five (5) employees is only
applicable to the Isis project, and an~ future uses will require
a re-evaluation for mitigation purposes.
9. Prior to the issuance of building permits for the free market
and two affordable unit~, deed restrictions shall be filed for
approval and review by the Housing Office consistent with
representations within the application.
10. Prior to issuance of a building permit, the applicant shall
pay the applicable cash-in-lieu for open space, consistent with the
requirements of Section 7-403.A.3.
APPROVED by the Commission at its regular meeting on December 5,
1995.
Sharon Carrillo, Sara Garton, Chair
Deputy City Clerk
EXHIBIT 5
Ordinance No. 95-..~(]
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE
PROPOSED AFFORDABLE HOUSING UNITS IN ASSOCIATION WITH THE
REMODEL AND RENOV.4iTION OF THE ISIS THEATER (LOTS L, M, and N BLOCK
.' 87) CITY AND TOWNSITE OF ASPEN
WHEREAS, Section 24-8-209J. of the Municipal Code provides that the City Council, based on
the recommendation of the Joint Growth Management Commission, must approve the method by
which an applicant proposes to provide affordable housing; and
WHEREAS, the Isis Theater has proposed two (2) three (3) bedroom affordable housing units on
a proposed third story of the existing Isis Theater ;and
WHEREAS, on August 23, 1995 the applicant received Conceptual Approval from the Historic
Preservation Commission; and
WHEREAS, on December 5, 1995 the applicant received approval from the City of Aspen
Planning and Zoning Commission for a GMQS Exemption for the enlargement of a Historic
Landmark to be used for commercial and residential purposes which increases both the buitding's
existing floor area and its net leasable square footage; and
WHEREAS, on December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended approval for Special Review to exceed the allowable floor area of 1.5:1 to 1.8:1 in
the CC Zone District, the reduction of required trash and utility service area and the reduction of
the minimum open space requirements in the CC Zone District; and
WHEREAS, December 5, 1995 the City of Aspen Planning and Zoning Commission also
recommended that the Aspen City Council approve the Historic Landmark status for the Isis
Theater; and
WHEREAS, on December 5, 1995 the Joint Growth Management Commission forwarded a
positive recommendation to the Aspen City Council on a vote of 8-2.
WHEREAS, the Aspen City Council has reviewed and considered the proposed affordable
housing units proposed for the Isis Theater text amendments under the applicable provisions of
the Municipal Code as identified herein, has reviewed and considered those recommendations and
approvals as granted by the Planning and Zoning Calmmission, the Aspen Historic Preservation
Commission, the Joint Growth Managements Commission, the AsperdPitkin County Housing
Office and has taken public comment at public hearing; and
WHEREAS, the City Council finds that the proposed affordable housing units meet or exceed all
applicable development standards and are 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 publid
health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-601.D. of the Municipal Code, the City Council finds as
follows in regard to the proposed affordable housing units:
1. The City of Aspen has an adopted plan to develop affordable housing with monies from
payment of affordable housing dedication fees; and
2. That the City could not have reasonably anticipated the provision of the Isis Theater site
for affordable housing, and therefore had not identified the specific site for affordable housing;
and
3. That the site is well suited for the development of affordable housing, taldng into account
the availability of services, proximity to employment opportunities and transit opportunities and
that the site is not affected by environmental constraints to development or historic preservation
concerns; and
4. That the method proposed will result in employee housing being produced prior to or at
the time the impacts of the development will be experienced by the community; and
5. That the development itself requires the provision of affordable housing on-site to meet its
service needs; and
6. That the proposed units as set forth in the application are not in conflict with the
provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan.
Section 2: 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 constructed and concluded under such prior
ordinances.
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 hereof.
Section 4: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy
of this ordinance, in the office of the Pitkin County Clerk and Recorder.
Section 5: A public hearing on the Ordinance shall be held on the ~ff' day of
,---~ ~ 199rat 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which heating a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
Council of the City of Aspen on the 7' c~
1995.
ATTEST:
~~y Clerk '
19~.. FINALLY, adopted, passed and approved this ~/~'/""' ~/-~ '
day of
tt, Mayor
EXHIBIT 6
ORDINANCE NO. 58
(Series of 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 406 E.
HOPKINS AVENUE, LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE
OF ASPEN, AS "H," HISTORIC LANDMARK PURSUANT TO SECTION 24-7-
703 OF THE MUNICIPAL CODE.
WHEREAS, the Isis LLC, with the permission of the owners of the
property, Dominic and Kathryn Linza, have filed an application for Historic
Landmark Designation of their property, 406 E. Hopkins Avenue, Lots L, M, and
N, Block 87, City and Townsite of Aspen, pursuant to Section 24-7-704 of
the Municipal Code; and
WHEREAS, the Histodc Preservation Commission recommended Historic
Designation 7-0 for the subject property at a duly noticed public hearing on
August 9, 1995; and
WHEREAS, the Planning and Zoning Commission recommended Historic
Designation 6-0 for the subject property at a duly noticed public hearing on
December 5, 1995; and
WHEREAS, pursuant to Section 24-7-702 of the Municipal Code, the City
Council has found that the subject property meets standards B (architectural
importance), D (neighborhood character), and E (community character); and
WHEREAS, City Council wishes to affirm those recommendations as
rendered by the Historic Preservation Commission and Planning and Zoning
Commission and complete the Landmark Designation process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO
Section 1
That the structure and property at:
406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of
Aspen be granted "H," Historic Landmark Designation.
Section 2
That the Zoning District Map be amended to reflect the rezoning described in
Section I and the Community Development Director shall be authorized and
directed to amend said map to reflect said rezoning.
Section 3
That the Community Development Director shall be directed to notify the City
Clerk of such designation, who shall record among the real estate records of the
Pitkin County Clerk and Recorder's Office a certified copy of this Ordinance.
Section 4
That if any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or 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 5
A public hearing on the Ordinance was held on the 12th day of February, 1996,
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 was 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 18th day of December, 1995.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this/-'~ day of
~ ~_~,.~,.., ,1996.
John S. Bennett, Mayor
ATTEST:
K~ty Cler/k'~
MEMORANDUM
TO: Mayor and Council .....
THRU: Amy Margerum, City Manage~k}k//
THRU: Stan Clauson, Community Development Director~
FROM: Amy Amidon, Historic Preservation Officer
RE: First Reading of Ordinance ~qS, Series of 1996, Isis Theater/Open Space
Text Amendment
DATE: December 9, 1996
SUMMARY: The applicant proposes an amendment to Section 26.64.040(A)(3)ofthe
Municipal Code. This section pertains to "Special Review" for the reduction of open
space requirements within the Commercial Core zone district. Although the Planning and
Zoning Commission currently has the authority to decrease the percentage of open space
which must be provided, the applicant must still mitigate by providing cash-in-lieu. The
proposed code amendment allows waiver of the cash-in-lieu requirement for historic
landmarks only.
Staff recommends that Council deny the proposed text amendment, based on the findings
outlined in this memo. The Planning and Zoning Commission reviewed the application
on November 19, 1996 and recommended that Council not approve the proposed text
amendment by a vote of 5-2.
APPLICANT:Isis, LLC, represented by Sulmy Vann.
REVIEW STANDARDS AND STAFF COMMENTS: Section 26.64.040(A)(3),
which is proposed to be amended, currently reads as follows:
"3. For the redaction of required open space in the Commercial Core (CC) zone
district only, the applicant demonstrates that the provision of less than the required
amount of open space on-site will be more consistent with the character of surrounding
land uses than would be the provision of open 5pace according to the standard
As general guidelines, the applicant shah take into account the following. It may
be appropriate to have open space on the site when the building is located on a street
corner, or the open space can be linked to an adjacent historic landmark or the open
space is intended for a particular fimctional purpose, such as dining or the protection oyP
an existing tree. It may be inappropriate to have open space on the site when other
buildings along the street pont are built to the property line, especially along public
malls, or when the open space is configured in such a manner as to serve no public
purpose.
FFhen the commission determines open space is inappropriate on the site, it may
reduce or waive the requirement if the applicant shall make a payment-in-lieu according
to the following formula:
Appraised value of the unimproved land multiplied by the percentage of the site
required to be open ~pace which is to be developed equals value of payment
The appraised value of the property shall be determined by the submission of a
current appraisal performed by a qualified professional real estate appraiser.
Thepayment-in-lieu of open space shall be due and payable at the time of
issuance of a building permit. All funds collected shall be transferred by the building
inspector to the finance director, for deposit in a separate interest bearing account.
Monies in the account shall be used solely for the purchase or development of land for
open space, pedestrian or recreational purposes within or adjacent to the Commercial
Core (CC) zone district.
Fees collected pursuant to this section may be returned to the then present owner
of property for which a fee was paid including any interest earned if the fees have not
been spent within sever (7) years from the date fees were paid unless the council shall
have earmarked thefun&for expenditure on a specific project, in which case the council
may extend the time period by up to three (3) more years. To obtain a refund the present
owner must submit a petition to the finance director within one (1) year following the end
of the seventh (7th) year from the date payment was received.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first pctyment in shall be the first payment out. Any payment made for a
project for which a building permit is canceled due to noncommencement of
construction, may be refunded if a petition for refund is submitted to the finance director
within three (3) months of the date of the cancellation of the building permit All
petitions shall be accompanied by a notarized, sworn statement that the petitioner is the
current owner of the property and by a copy of the dated receipt issued for payment of the
fee.
l/Vhen the HPC approves the on-site relocation of an Historic Landmark into
required open space, such that the amount of open space on-site is reduced below that
required by this Code, the requirements of this section shall be waived"
The revie~v standards, per Section 26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages the preservation of historic structures, however the
preservation of open space is also a goal of the AACP. While many financial incentives
currently exist for historic preservation, the payment-in-lieu is one of only a few
development impact fees which address parks.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment creates a financial incentive which does not
directly affect land use.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The applicant proposes to amend the language of this section to allow not
only a reduction in the amount of open space which must be physically provided, but also
to allow waiver of the payment-in-lieu. This is proposed to apply to the expansion of
historic landmark structures and would provide an additional incentive for their
preservation.
Staff has several concerns with the proposed amendment. While there is strong support
in the community for provision of incentives to encourage historic preservation, there is
also a desire to purchase and protect open space. Since approximately half of the
buildings in the Commercial Core are landmat-ks or could be landmarked, there is the
potential to significantly impact this open space fund. In addition, the project which is
associated with the proposed code amendment, the Isis Theater, has already received all
approvals, raising issues as to who may take advantage of the waiver retroactively.
There has, in the recent past, been some discussion amongst Plmming staff as to whether
the open space requirement is appropriate in the Commercial Core, given a general desire
to maintain a strong facade line right next to the sidewalks, as is typical of historic
downtowns. A number of courtyards which have been created due to this provision,
especially those which are below sidewalk level, are not thought to be useful or active
open spaces. Others though, particularly at street corners, are lively and provide
gathering areas and spaces for street performances. The existing code language seems to
provide the Planning and Zoning Commission with the ability to identify areas where
City with the opportunity to create pocket parks or other green space in a better location,
making the regulation effective as written.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment may create limitations in the City's ability to maintain
and create new parks.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Both programs, historic preservation and parks are important to the overall
livability and community character of Aspen. Staff is very supportive of creating
incentives to preserve Aspen's architectural heritage, however numerous incentives
currently exist, many of which may run contrary to their initial purpose by serving to
encourage more intense development of historic sites.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The proposed amendment does not address any changing conditions
within the neighborhood.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment would not be consistent with the public interest
in its limitation of park funding.
STAFF RECOMMENDATION: Staff and the Planning and Zoning Commission
recommend that Council deny approval of the proposed text amendment. However
should Council find that the amendment is consistent with the review standards of
Section 26.92.010 are met, an ordinance to approve the text amendment is attached.
Staff recommends that Council approve first reading of the Ordinance so that it may
proceed to a public hearing.
RECOMMENDED MOTION: "I move to read Ordinance # , Series of 1996."
"I move to approve Ordinance # , Series of 1996 on First Reading."
Exhibits:
Ordinance # , Series of 1996
A. Parks Department referral comments
B. Planning and Zoning Commission minutes of November 19, 1996
TO: ~%my A~idc~n
'{sis Open Sp~¢ Tex~ ~iertdmc~[
I have renewed the ~plicafiort submia. ted by SuBy Vann mg~ding cha~g~s ~o Section
26.64.~0.A.3, h~ o~a ~e ~¢xt am~dm~t m~d~r ~pcciat review. I have some
~ace~ ~gardmg ~e ~'~oscd w~ing snbmi~d by Vml Asst~iaws. The pml~ed
d~c states '~'x~cn ~e ~C appn~ves I~ on-site r~t~i~n ~qr ~a.~tt of ~
~c ~dm~k into r¢~cd ope~ s~ce, stmh Chat ~ ~mo~q[ ,,rein a~a~ c,n-~t~
is rd~d below '~hat ~qa~ed by ~his C~e. fl~c zcq~mcr, tS or ~s section aR ~
waiv_d." In my o~on, ~e zcvisd wordhg t',a~dai~ ~at~j Hbtode L~dms~ a~
~pt ~m mhigr~ ~ o~r, ~ace loss. T~e~ ~o~d ~ s~me ~c~b~i~ in ~c
wordhag to allow Br ovalration on a cs.~ by ca~ b~is..A po~hle ~iutDn to t~s could
~ ~ follows:
"When the I{~C ~pmves amc o~-~te ~eloca~a an&~r a~au~ioa of an Hi~mc
Landmark hD squired ~ sp~. su~ timt [he ao~t ofo~ s~ on-sit~ is
rduced ~ew that required by ~s Ct~, the requirements of S~is sec~oa may
red~ed or ~ive~ "
This a~ows some f!e~bi!ily m &~err~xe ~e value ,,r t~ o~n spac~ that is
:~a~stea W ~ reduce_ Op~ sp~ s~dh~g ~ ~i~orlc i,~dm~ ~ e~muc~
Mistode L~k ~ hdp m ~eB, c ~ Ilialoire L~n~k'a c~cr ~d v~ue m
~e ~at~ty. ~c c~ansicm ~ ~t~a~mt of~ l~rie L~m~k ~ a ~ncfit in
itseft ld ~lowa ~r greater i~ei~ viabHity of ~.¢ ~qjeCt ~ Mvit~g ~xpp. M~ squ~
Bo~e ~d ~¢ o~ ~x~ptioas allocat~ B ~ese~ag our hi~oric r~s. By
au~>m~c~y ¢x~p~g sx~nded Hi~orlc Ia.hn~ks ~om revi~ for o~a space
not ~eom~c plmmiag ~d emha~h¢ HisSfie Lar~ ~ o~ sps. i t~ am
o~gi~ ia~afion or aummtic exemption of~eioqald i lis~¢ La~s inu~ r~uk~
open. spa w~ to p~s~e at Irislode Lm~dm~k, wh~re ~¢ o~n Sp~ w~s only pla~
· e Historic Idm~k could ~ reloeatM too (for csple the Katie Reid House). ~e
ex~ion of ~ H~toric ~dn~k is qtdte ~ffercnt ffem u ~1~I¢d HAstoric Landm;~k.
The ~,x~nffnn of Histdc La~dmm'~ ~W ~pen s~ nee&s m [~ uv~ua~d ~ a ¢~¢
ca~ bsis sad not ~ automatically (ie, "shall'3 exempted ~om mitigating ~or o~n space,
Exhibit "A"
EXHIBIT 1
Cily uf Asl,cn
Prc-Apl~llcalion Col|fercnc~. Summary
bl'~ IZ-g,Z-q[~
Ptamlcr Dale
l~epresenlellve's I'honc ~-
Ow.er'sName
D~scriplien uf Ihe i,t~ci/~[cvck~ptnc,~queslcd
Referral AS,m,~i~s The review is: (I'&Z only)(UC o,,~}~(I'&Z a,,d CC) J
I. I'mur ur ~,wnershilL
2. Si~ned Ire ~gtetnnc,fi.
3. Ai,pllc;ufi'~ n;m~e. ;uhlrc~s :.:d Iclcl,l.me numl,er in :~ IcBcr signed by It~e apl}llcasfi
6. Smn,lmry Idl~ explai.ing Ihc K. qncsl (cxisling c~,.dilitn~s and p[t~l~scd uses), includi.g
Site i}la, shall indude Im~pcrty boundaries, h, size, I-ol}gsed access, and physical
These ilems nell R, be submilled if circled:
n. list of nd acere' pn,lmdy owners wifi,~.
I'm~f uf legal nccess R, d,e
MEMORANDUM
TO: Mayor and Com~cil
THRU: Amy Margerum, City Manager or~"'
THRU: Stan Clauson, Community Development Direct
FROM: Amy Amidon, Historic Preservation Officer
RE: Second Reading of Ordinance #45, Series of 1996, Isis Theater/Open
Space Text Amendment
DATE: January 13, 1997
SUMMARY: The applicant proposes an amendment to Section 26.64.040(A)(3)ofthe
Municipal Code. This section pertains to "Special Review" for the reduction of open
space requirements within the Commercial Core zone district. Although the Planning and
Zoning Commission currently has the authority to decrease the percentage of open space
which must be provided, the applicant must still mitigate by providing cash-in-lieu. The
proposed code amendment allows waiver of the cash-in-lieu requirement for historic
landmarks only.
Staff recommends that Council deny the proposed text amendment, based on the findings
outlined in this memo. The Planning and Zoning Commission reviewed the application
on November 19, 1996 and recommended that CoLmcil not approve the proposed text
amendment by a vote of 5-2. Council approved Ordinance #45, Series of 1996 on First
Reading on December 9, 1996.
APPLICANT:Isis, LLC, represented by Sunny Vann.
REVIEW STANDARDS AND STAFF COMMENTS: Section 26.64.040(A)(3),
which is proposed to be amended, currently reads as follows:
"3. For the reduction of required open space in the Commercial Core (CC) zone
district only, the applicant demonstrates that the provision of less than the required
amount of open space on-site will be more consistent with the character of surrounding
land uses than would be the provision of open space according to the standard
As general guideline& the applicant shah take into account the following. It may
be appropriate to have open space on the site when the building is located on a street
corner, or the open space can be linked to an adjacent historic landmark; or the open
space is intended for a particular functional purpose, such as dining or the protection of
an existing tree. It may be inappropriate to have open space on the site when other
buildings along the streetJ~ont are built to the property line, especially along public
malls, or when the open space is configured in such a manner as to serve no public
purpose.
When the commission determines open space is inappropriate on the site, it may
reduce or waive the requirement if the applicant shall make a payment-in-lieu according
to the following formula:
Appraised value of the unimproved land multiplied by the percentage of the site
required to be open space which is to be developed equals value of payment.
The appraised value of the property shall be determined by the submission of a
current appraisal performed by a qualified proJkssional real estate appraiser.
Thepayment-in-lieu of open space shall be due and payable at the time of
issuance of a building permit All funds collected shall be transferred by the building
inspector to the finance director, for deposit in a separate interest bearing account.
Monies in the account shall be used solely for the purchase or development of land for
open space, pedestrian or recreational purposes within or adjacent to the Commercial
Core (CC) zone district
Fees collected pursuant to this section may be returned to the then present owner
of property for which a fee was paid including any interest earned if the fees have not
been spent within sever (7) years fi'om the date fees were paid unless the council shall
have earmarked the funds for expenditure on a specific project, in which case the council
may extend the time period by up to three (3) more years. To obtain a refund the present
owner must submit a petition to the finance director within one (j) year following the end
of the seventh (Tth) year J~om the date payment was received.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for a
project for which a building permit is canceled, due to noncommencement of
construction, may be refunded irapetition for refund is submitted to the finance director
within three (3) months of the date of the cancellation of the building permit AH
petitions shall be accompanied by a notarized sworn statement that the petitioner is the
current owner of the property and by a copy of the dated receipt issued for payment of the
j~e.
When the HPC approves the on-site relocation of an Historic Landmark into
required open space, such that the amount of open space on-site is reduced below that
required by this Code, the requirements of this section shah be waived."
The review standards, per Section 26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages the preservation of historic structures, however the
preservation of open space is also a goal of the AACP. While many financial incentives
currently exist for historic preservation, the payment-in-lieu is one of only a few
development impact fees which address parks.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment creates a financial incentive which does not
directly affect land use.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The applicant proposes to amend the language of this section to allow not
only a reduction in the amount of open space which must be physically provided, but also
to allow waiver of the payment-in-lieu. This is proposed to apply to the expansion of
historic landmark structures and would provide an additional incentive for their
preservation.
Staff has several concerns with the proposed amendment. While there is strong support
in the community for provision of incentives to encourage historic preservation, there is
also a desire to purchase and protect open space. Since approximately half of the
buildings in the Commercial Core are landmarks or could be landmarked, there is the
potential to significantly impact this open space fund. In addition, the project which is
associated with the proposed code amendment, the Isis Theater, has already received all
approvals, raising issues as to who may take advantage of the waiver retroactively.
There has, in the recent past, been some discussion amongst Planning staff as to whether
the open space requirement is appropriate in the Commercial Core, given a general desire
to maintain a strong facade line right next to the sidewalks, as is typical of historic
downtowns. A number of courtyards which have been created due to this provision,
especially those which are below sidewalk level, are not thought to be useful or active
open spaces. Others though, particularly at street comers, are lively and provide
gathering areas and spaces for street performances. The existing code language seems to
provide the Planning and Zoning Commission with the ability to identify areas where
open space should be provided and instances when payment-imlieu would provide the
City with the opportunity to create pocket parks or other green space in a better location,
making the regulation effective as written.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment may create limitations in the City's ability to maintain
and create new parks.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Both programs, historic preservation and parks are important to the overall
livability and commtmity character of Aspen. Staff is very supportive of creating
incentives to preserve Aspen's architectural heritage, however numerous incentives
currently exist, many of which may run contrary to their initial purpose by serving to
encourage more intense development of historic sites.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The proposed amendment does not address any changing conditions
within the neighborhood.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment would not be consistexit with the public interest
in its limitation of park funding.
STAFF RECOMMENDATION: Staff and the Planning and Zoning Commission
recommend that Council deny approval of the proposed text amendment. However
should Council find that the amendment is consistent with the review standards of
Section 26.92.010 are met, an ordinance to approve the text amendment is attached.
RECOMMENDED MOTION: "I move to deny the IsisTheater/LLC application
for a text amendment related to open space."
Exhibits:
Ordinance #45, Series of 1996
A. Parks Department referral comments
B. Planning and Zoning Commission minutes of November 19, 1996
C. Isis Theater/LLC Open Space Text Amendment application
ORDINANCE NO. 45
(Series of 1996)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION
26.64.040(A)(3), REVIEW STANDARDS FOR SPECIAL REVIEW, TO
ELIMINATE THE CASH-IN-LIEU PAYMENT WHERE REQUIRED OPEN
SPACE HAS BEEN REDUCED FOR HISTORIC LANDMARKS
WHEREAS, Section 26.92.030 of the Municipal Code provides that
amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the Planning Director and then by
the Planning and Zoning Commission at a public hearing, and then approved,
approved with conditions, or disapproved by the City Council at a public hearing;
and
WHEREAS, the Planning Director did receive from the Isis LLC an
application for an amendment to the land use regulations, and reviewed and
recommended for denial, certain text amendments to Chapter 26 relating to
Section 26.64.040(A)(3); and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
text amendment on November 19, 1996 at which time the Planning and Zoning
Commission recommended denial to City Council by a vote of 5-2; and
WHEREAS, the City Council finds that the text amendment is consistent
with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Section 26.64.040(A)(3), Review standards for Special Review, is hereby
recommended to be amended to read as follows:
3. For the reduction of required open space in the Commercial Core (CC)
zone district only, the applicant demonstrates that the provision of less than the
required amount of open space on-site will be more consistent with the character
of surrounding land uses than would be the provision of open space according to
the standard.
As general guidelines, the applicant shall take into account the following.
It may be appropriate to have open space on the site when the building is
located on a street corner, or the open space can be linked to an adjacent
historic landmark, or the open space is intended for a particular functional
purpose, such as dining or the protection of an existing tree. It may be
inappropriate to have open space on the site when other buildings along the
street front are built to the property line, especially along public malls, or when
the open space is configured in such a manner as to serve no public purpose.
When the commission determines open space is inappropriate on the site,
it may reduce or waive the requirement if the applicant shall make a payment-in-
lieu according to the following formula:
Appraised value of the unimproved land, multiplied by the percentage of
the site required to be open space which is to be developed, equals value of
payment.
The appraised value of the property shall be determined by the
submission of a current appraisal performed by a qualified professional real
estate appraiser.
The payment-in-lieu of open space shall be due and payable at the time
of issuance of a building permit. All funds collected shall be transferred by the
building inspector to the finance director, for deposit in a separate interest
bearing account. Monies in the account shall be used solely for the purchase or
development of land for open space, pedestrian or recreational purposes within
or adjacent to the Commercial Core (CC) zone district.
Fees collected pursuant to this section may be returned to the then
present owner of property for which a fee was paid, including any interest
earned, if the fees have not been spent within sever (7) years from the date fees
were paid, unless the council shall have earmarked the funds for expenditure on
a specific project, in which case the council may extend the time period by up to
three (3) more years. To obtain a refund, the present owner must submit a
petition to the finance director within one (1) year following the end of the
seventh (7th) year from the date payment was received.
For the purpose of this section, payments collected shall be deemed
spent on the basis of the first payment in shall be the first payment out. Any
payment made for a project for which a building permit is canceled, due to
noncommencement of construction, may be refunded if a petition for refund is
submitted to the finance director within three (3) months of the date of the
cancellation of the building permit. All petitions shall be accompanied by a
notarized, sworn statement that the petitioner is the current owner of the property
and by a copy of the dated receipt issued for payment of the fee.
When the HPC approves the on-site relocation and/or expansion of an
Historic Landmark into required open space, such that the amount of open space
on-site is reduced below that required by this Code, the requirements of this
section shall be waived.
Section 2:
This Ordinance 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 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:
A public hearing on the Ordinance shall be held on the 13th day of
January, 1997 in the City Council chambers, Aspen City Hall, Aspen, Colorado,
fifteen (15) days prior to which hearing a public notice of the same shall be
published in an 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 9th day of December, 1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 13th day of January, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Memorandum
TO: Amy Amidon:
DATE: No;cmbcr ;'2, 1996
RB: Isis Open S~va~ T~x~ Amendment
3E have reviewed the application submitt~ by Say Vann regarding
26f:>4.040.A3, the opext space text amendment under apecia] review.
concan.s regarding the Inx~oscd wording submitted by Vann Ass~iatea. The pro!x~sed
change states "When ~e I-!PC a~pnwes the on-site relocatian attfl~r
Historic Landmark into requii'ed open slx'tee, such that th~ afaotmt :: f al;cn ~acc: on-site
is reduced below that required by this Coda. the tcquirlmlcats oflhis section all be
waived." In my oplion, the .-rds~ wording nmndaU:s that all blistorie Landmare ar~
exan~. ,~c~ra mitigating for open .space loss. Them shouM be ~me flexibility in the
wording to allow for evaluation on a cs.~ Dy case basis, .A possible sohttion ~o this could
be as follows:
"Wh~.n the HPC approvals the on-site relocalion and/Or expansion of'an Histori~
Landmark into r~uired open space. su~ ttuu the amount of optm space on-site is
reduced below that reqmmd by fills Cksle, the retiuircments of
tedm'ed or waived"
This allows sore, .flexibility to dx:taae the value oF th~ open spat= that is being
ze, que, smdto bareduceA. OpanspaccsurroundinJanHisloricLandmark Canenha,cethc
HistoriC Landmark and help to preserve the Ilistoric Lan.lmark' s chm'actcr and value to
th~ community. The c3pansion and alteration of an H/ma'ic Landmazt; Ls a benefit
itself and allows for greater ilnaneial viability of thc lr~ojca bcy having ~pandcd square
Footage and th~ other axemptions alloeatcd to preserving our historic r~sourccs. By
automatically exca~ting exptmdedHistorlc Land-,-,,rks
not c~aeotmlgc planning and tmha~itt~ Historic LandlllarJcn with 0p¢13. spa. e.~. I thirlk the
original intention of autouric exe~nptim~ of reloaated ilistori¢ Lalldmarks into r~xtuired
op=n space was to pr~scrve that llistoric Laark, wh~e the olnn apac~ ~s .nly place
the ~tistofic Landmark could be relocatat too (for aple the Katie Reid blbu~c). The
expavsion of an Historic Landmark is quit~ different from a relocatcd Historic Landra.~rk,
The e. xpansi,m of'Histarlc Lnndrnattcs into olxa sFac~ needs to
case basis and not 1~ automhtically (i~. "shall") ¢xe. mpted from miliga~in~, tar ~pen spa~e.
'Exhibit "A"
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager r/~
THRU: Stan Clauson, Community Development Directo
FROM: Amy Amidon, Historic Preservation Officer
RE: Second Reading of Ordinance #45, Series of 1996, Isis Theater/Open
Space Text Amendment (Public Hearing continued from January 13,
1997)
DATE: January 27, 1997
SUMMARY: The applicant proposes an amendment to Section 26.64.040(A)(3)ofthe
Municipal Code. This section pertains to "Special Review" for the reduction of open
space requirements within the Commercial Core zone district. Although the Plmming and
Zoning Commission currently has the authority to decrease the percentage of open space
which must be provided, the applicant must still mitigate by providing cash-in-lieu. The
proposed code amendment allows waiver of the cash-in-lieu requirement for historic
landmarks only.
On January 13, 1997, a recommendation was brought fortyard from staff and the Planning
and Zoning Commission that Council deny the proposed text amendment, based on the
findings outlined in this memo. Discussion of the proposed amendment resulted in a
direction from Council to examine the affected properties and determine whether or not
the means by which open space requirements are calculated should be amended.
ALTERNATIVES CONSIDERED
1. Tie to historic use. Staff has compiled a list of properties in the Commercial COre
Zone District which might be affected. They are: the Hotel Jerome, St. Mary's Rectory,
the three houses behind City Hall, Aldefer's Antiques, Jill's Carpets, 302 E. Hopkins, La
Cocina, the Howling Wolf, and the Motherlode. At the January 13 meeting the applicant
proposed tying an open space cash-in-lieu waiver to preservation of a building's historic
use. Of this list of properties potentially affected by the code amendment, only the Hotel
Jerome and the Isis have historic uses which benefit the community as a whole. The
Jerome' s continued use as a hotel is fairly certain, therefore only the Isis would benefit
from a cash-in-lieu waiver for preservation of a historic use. For this reason, this
alternative confers little public benefit.
2. Calculate the mitigation based only on the existing open space. not the entire lot. The
current code language allows a determination to be made whether it is appropriate from
an Urban design and~or historic preservation perspective to provide open space or cash-in-
lieu in a specific location. Staff examined the affects of basing the amount of open space
to be provided on 25% of the lot area which is vacant at the time of the development
application, rather than 25% of the lot as though it were completely vacant. The
drawings below ilhistrate the difference in the approaches.
r.L: I ~c.v.v...'-,
~i:i:i:i:i:i:!
In the illustration of 534 E. Hopkins, the one story historic house and shed cover most of
the lot. 25% of the existing open space is approximately 277 square feet, but 25% of the
lot is 750 square feet. This results in a substantial difference in the amount of usable
open space or cash~in-lieu payment that would be provided. Additionally, the more
favorable calculation encourages more encroachment onto the kistodc buildings.
The drawing of the Isis Theater illustrates the point in the same mariner. Staff finds funds
acquired through cash-in-lieu payment serve an essential purpose in creating
improvements to the Commercial Core in general, such as those proposed in the
"Downtown Enhancement and Pedestrian Plan," or for purchase of useful open space in
the downtown area and therefore the calculation should not be amended. Staff believes
this alternative would result in a significant reduction in public benefit and may
encourage over-development of historic properties.
3. Five year amortization. In order to address the potential difficulty in providing the
cash-in-lieu payment at the time a building permit is pulled, staff recommends the code
be amended to allow amortization of the cash-in-lieu fee for up to five years, in equal
payments without interest. This approach retains all of the benefits of the current
program, but eases the initial burden upon developers with desirable projects. Staff has
discussed this amendment with the applicant and believes that he finds it to be a helpful
alternative.
APPLICANT:Isis, LLC, represented by Sunny Va~m.
REVIEW STANDARDS AND STAFF COMMENTS: Section 26.64.040(A)(3),
which is proposed to be amended, currently reads as follows:
"3. For the reduction of required open space in the Commercial Core (CC) zone
district only, the applicant demonstrates that the provision of less than the required
amount of open space on-site will be more consistent with the character of surrounding
land uses than would be the provision of open space according to the standard
As general guidelines, the applicant shall take into account the following. It may
be appropriate to have open space on the site when the building is located on a street
corner, or the open space can be linked to an adjacent historic landmark, or the open
space is intended for a particular functional purpose, such as dining or the protection of
an existing tree. It may be inappropriate to have open space on the site when other
buildings along the street front are built to the property line, especially along public
malls, or when the open space is configured in such a manner as to serve no public
purpose.
When the commission determines open space is inappropriate on the site, it may
reduce or waive the requirement if the applicant shah make a payment-in-lieu according
to the following formula:
Appraised value of the unimproved land, multiplied by the percentage of the site
required to be open space which is to be developed equals value of payment
The appraised value of the property shah be determined by the submission of a
current appraisal performed by a qualified professional real estate appraiser.
Thepayment-in-lieu of open space shall be due and payable at the time of
issuance of a building permit AH funds collected shall be transferred by the building
inspector to the finance director, for deposit in a separate interest bearing account
Monies in the account shah be used solely for the purchase or development of land for
open space, pedestrian or recreational purposes within or adjacent to the Commercial
Core (CC) zone district
Fees collected pursuant to this section may be returned to the then present owner
of property for which a fee was paid including any interest earned if the fees have not
been spent within sever (7) years from the date fees were paid unless the council shah
have earmarked the funds for expenditure on a specific project, in which case the council
may extend the time period by up to three (3) more years. To obtain a refund the present
owner must submit a petition to the finance director within one (1) year following the end
of the seventh (Tth) year from the date payment was received
For the purpose of this section, payments collected shaH be deemed spent on the
basis of the first payment in shah be the first payment out. Any payment made for a
project for which a building permit is canceled due to noncommencement of
construction, may be refunded irapetition for refund is submitted to the finance director
within three (3) months of the date of the cancellation of the building permit. All
petitions shall be accompanie.d by a notarized, sworn statement that the petitioner is the
current owner of the property and by a copy of the dated receipt issued for payment of the
fee.
FFhen the HPC approves the on-site relocation of an Historic Landmark into
required open space, such that the amount of open space on-site is reduced below that
required by this Code, the requirements of this section shall be waived"
The review standards for evhluating the proposed amendment, per Section
26.92.010, are:
A. Whether the proposed amendment is in conflict with any applicable portions
of this chapter.
Response: The proposed text amendment is not in conflict with any chapters of the
code.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The AACP encourages the preservation of historic structures, however the
preservation of open space is also a goal of the AACP. While many financial incentives
currently exist for historic preservation, the payment-in-lieu is one of only a few
development impact fees which address parks.
C. Whether the proposed amendment is compatible with surrounding Zone
Districts and land uses, considering existing land use and neighborhood
characteristics.
Response: The proposed amendment creates a financial incentive which does not
directly affect land use.
D. The effect of the proposed code amendment on traffic generation and road
safety.
Response: The proposed amendment does not affect traffic.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Response: The applicant proposes to amend the language of this section to allow not
only a reduction in the amount of open space which must be physically provided, but also
to allow waiver of the payment-in-lieu. This is proposed to apply to the expansion of
historic landmark structures and would provide an additional incentive for their
preservation.
Staff has several concerns with the proposed amendment. While there is strong support
in the community for provision of incentives to encourage historic preservation, there is
also a desire to purchase and protect open space. Since approximately half of the
buildings in the Commercial Core are landmarks or could be landmarked, there is the
potential to significantly impact this open space fund. In addition, the project which is
associated with the proposed code amendment, the Isis Theater, has already received all
approvals, raising issues as to who may take advantage of the waiver retroactively.
There has, in the recent past, been some discussion amongst Planning staff as to whether
the open space requirement is appropriate in the Commercial Core, given a general desire
to maintain a strong facade line right next to the sidewalks, as is typical of historic
downtowns. A number of courtyards which have been created due to this provision,
especially those which are below sidewalk level, are not thought to be useful or active
open spaces. Others though, particularly at street corners, are lively and provide
gathering areas and spaces for street performances. The existing code language provides
the Planning and Zoning Commission with the ability to identify areas ~vhere open space
should be provided and instances when payment-in-lieu would provide the City with the
opportunity to create pocket parks or other green space in a better location, making the
regulation effective as written.
The attached Ordinance provides the ability to amortize the cash-in-lieu fee for up to five
years, in equal payments without interest.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The amendment may create limitations in the City's ability to maintain
and create new parks.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: Both programs, historic preservation and downtown enhancement are
important to the overall livability and community character of Aspen. Staff is very
supportive of creating incentives to preserve Aspen's architectural heritage, however
numerous incentives currently exist, many of which may run contrary to their initial
purpose by serving to encourage more intense development of historic sites.
H. Whether there have been changed conditions affecting the subject parcel or
the surrounding neighborhood which support the proposed amendment.
Response: The proposed amendment does not address any changing conditions
within the neighborhood.
I. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this chapter.
Response: The proposed amendment would not be consistent with the public interest
in its limitation of park funding.
STAFF RECOMMENDATION: Staff and the Planning and Zoning Commission
recommend that Council deny approval of the text amendment as initially proposed.
Staff does however recommend that Council approve the attached Ordinance, which
allows the cash-in-lieu payment to be amortized over a period of up to five years.
RECOMMENDED MOTION: "I move to approve Ordinance #45, Series of 1996
on Second Reading."
Exhibits:
Ordinance #45, Series of 1996
A. Parks Department referral comments
B. Planning and Zoning Commission minutes of November 19, 1996
C. Isis Theater/LLC Open Space Text Amendment application
PUBLIC NOTICE
lIE: OPEN SPACE TEXT AMENDMENT
NOTICE IS I:!E~RI~Ry GIVEN that a public hearing will be held on Tuesday, November 19,
1996 at a megring to b~gin at 4:30 p.m. before the Aspen Plsnnlng and Zoning Commi.~sion, Sister
Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
Isis, LLC, requesting an amendment to the language of Section 26.64.040.A.3. of the City of Aspen
Land Use Code regarding the payment-ln-lieu of open space requirement to include "expansion" of
Historic Landmark as a waiver for open space payment-in-lieu. The property is located at 406 E.
Hopkins Avenue, and is described as Lots L, M, and N, Block 37, City and Townsite of Aspern
For further information, contact Bob Nevins.at the Aspen/Pjtkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5102.
s/Sara Carton, Chair
Aspen Planning and Zoning Commi-~sion -
Published in the Aspen Times on November 2, 1996
City of Aspen Account
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