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