Board of County Commissioners Regular Meeting – September 12, 2018

MEMORANDUM

TO: Board of County Commissioners Regular Meeting – September 12, 2018

THRU: Cindy Houben, Community Development Director

FROM: Tami Kochen, Planner

RE: Jeffrey and Janette Bier – Gamekeepers Lodge and Carriage House Designation to Historic Register and Request for a Historic Preservation Incentive

SUMMARY: The Applicant is requesting to designate the primary residence and the secondary residence, historically known as the Gamekeepers Lodge and the Carriage House, respectively, to the Historic Register, and as an incentive for the designation, to obtain one TDR. The structures are located directly across Highway 133 from the Redstone Castle.

APPLICANT: Jeffrey and Janette Bier

LOCATION: 18679 Highway 133, Parcel Identification Number 2729-203-00-008

ZONING/LOT SIZE: AR-10/ 5.58 acres

REFERRAL AGENCIES: The application was referred to the Crystal River Caucus, the County Attorney, and the Historic Preservation Officer. Comments from the Historic Preservation Officer are incorporated throughout this memorandum and are found in Attachment C.

STAFF COMMENTS:

DESIGNATION TO HISTORIC REGISTER AND GRANT OF INCENTIVES (LUC Sec. 7-20-100): The Applicant proposes to designate the primary residence and the secondary residence, historically known as the Gamekeepers Lodge and the Carriage House to the Historic Register. The structures were constructed between 1899 and 1901. Suzannah Reid, the Pitkin County Historic Preservation Officer (“HPO”) states that “the lodge was designed by Boal and Harnois as part of the Osgood Estate for the purposes of housing the gamekeeper. This makes the building singular and the only example of this particular design and this particular purpose in the valley. . . The style relates to national design trends popular at the time.” The Gamekeeper for the Osgood Estate was responsible for the managing the private game reserve located in the area now known as the Crystal River Park Subdivision. Photos of the structures taken in 2018 in their current state are found in Attachment D. Photos of the structures taken around 1901 are found in Attachment E.

The HPO has responded to the Code criteria for designation to the Historic Register in her Memorandum in Attachment C. She finds that the primary residence and the secondary residence both meet several of the criteria and are eligible for designation.

The Code provides various incentives for properties designated to the Historic Register to be granted at the discretion of the BOCC. The Applicant has requested that the BOCC grant one TDR upon designation of the primary residence and the secondary residence to the Historic Register. To be granted an optional incentive, the applicant must demonstrate that:

(a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and

Response: The Crystal River Caucus Master Plan states the following: “Historical, cultural and archaeological sites are valued and incentives that encourage their preservation should be developed.” Staff believes the historic designation of the structures is in direct conformance with this Crystal River Caucus Master Plan goal, as well as with the overall Pitkin County Comprehensive Plan.

(b) The benefits provided are proportional to the significance of the historic resource; and

Response: Staff believes that the issuance of one TDR is proportional to the quality and significance of the historic structures. The criteria for the BOCC to consider in granting a TDR are addressed below.

(c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building’s form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and

Response: Beginning in the 1940’s the parcel was utilized as a commercial resort. The interior of the secondary residence known as the Carriage House was remodeled to contain three apartments and underwent some exterior remodeling and additions at that time. In 1984 a Certificate of Occupancy was issued for converting the three apartments into a single dwelling. Through the years the majority of the changes to the secondary residence have been to the interior, however, the integrity of the historic exterior has for the most part been left intact.

Also around 1940, a small log house addition was constructed on the north side of the primary residence. Staff believes the addition does not diminish the historical attributes of the parcel in part because of its size, materials, and setback location from the primary residence.

Other structures existing on the parcel include a small log shed and a garage which have been constructed and designed with similar materials, colors and style, and do not compromise the visual integrity of the historic structures. As demonstrated in the photos from around 1901 and the photos from 2018, the historic structures have been impeccably maintained, can be recognized as buildings of their time, and the overall original character can still be understood. The two historic structures have remained the key elements of the property. No new development is proposed at this time.

(e) The project is compatible with the character of the neighborhood in which it is located, and

Response: No new projects are contemplated at this time.

(f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate.

Response: No other historic outbuildings exist on the property. The general landscaping style and specific features including original trees have been maintained.

In addition to the criteria addressed above for eligibility for an incentive, Sec. 6-70-40(a)(10) of the Code provides the following criteria for the BOCC to consider in making a determination on how many TDRs to award:

2 a) Community benefit associated with historic resource, including but not limited to the following considerations:

1. Value/importance of resource relative to overall County Historic Inventory 2. Accessibility to the public; 3. Visibility to the public; 4. Neighborhood/Caucus Master Plan identification of resource as valuable; 5. Caucus recommendation regarding value of resource to Caucus area; 6. Guarantee of long-term preservation of resource through a covenant, development agreement, conservation easement or other instrument acceptable to the Community Development Department and the County Attorney.

Response: The structures are located directly across Highway 133 from the Redstone Castle. The structures are occupied by Jeffrey M. and Janette R. Bier, and would not be accessible to the public. Due to the structures being setback from Highway 133 and the presence of mature vegetation, the visibility to the public is limited. As highlighted in the HPO Memorandum in Attachment C, the value of the structures relative to the overall County Historic Inventory is large. The Applicant will be required to record a covenant guaranteeing the preservation of the historic resources. b) Cumulative Community impacts associated with the following discretionary incentives in the event that one or more are issued by the BOCC for the property:

1. Growth Management Quota Exemption; 2. Subgrade space exemption from floor area calculation; 3. Exemption from affordable housing mitigation requirements; 4. Density bonus of one additional house or intensity bonus.

Response: The Applicant has requested one TDR as an incentive for the designation and is not seeking additional development incentives. c) Amount of incentive required to effect preservation of historic resource

Response: The Applicant has stated that future projects likely include improving the structural integrity of the foundation of the residence, and pursuing weatherization improvements around the windows. No other significant preservation projects are proposed at this time as the Applicant has performed continual maintenance to the structures through the years. One TDR will provide economic incentive for the continued preservation. d) Likely development potential of the property based upon zoned density and intensity, development of comparable properties in the neighborhood, physical characteristics of the land, neighborhood compatibility, and extent to which infrastructure could accommodate potential development.

Response: The parcel contains 5.58 acres and is located in the AR-10 zone district; therefore, it does not have the potential for further subdivision and will remain a residential property. The grant of a TDR is in association with the designation and preservation of the historic structures.

Staff finds that the Applicant has demonstrated compliance with the code criteria for eligibility for an incentive, and that the issuance of one TDR is proportional to the significance of the historic resource and is a reasonable

3 incentive to ensure the restoration and preservation of the primary and secondary residences and the surrounding landscape.

RECOMMENDATION: Staff recommends that the Board of County Commissions make a motion to approve the designation of the Jeffrey and Janette Bier property to the Historic Register, and as an incentive for the designation, to grant one TDR.

ATTACHMENTS: A. Legal Description B. Application C. Historic Preservation Officer Memorandum D. 2018 Historical Structure Photos E. 1901 Historical Structure Photos

4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DESIGNATING THE BIER PRIMARY RESIDENCE AND SECONDARY RESIDENCE – HISTORICALLY KNOWN AS THE GAMEKEEPERS LODGE AND THE CARRIAGE HOUSE - TO THE PITKIN COUNTY HISTORIC REGISTER AND GRANTING ONE TDR AS AN INCENTIVE FOR THE DESIGNATION

Resolution No. ___-2018

RECITALS

1. Jeffrey M. and Janette R. Bier ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to designate the primary residence and the secondary residence, historically known as the Gamekeepers Lodge and Carriage House, to the Historic Register, and as an incentive for the designation, to obtain one TDR.

2. The property is located at 18679 Highway 133 and is more specifically described in Attachment A.

3. The property contains 5.58 acres and is zoned AR-10.

4. The BOCC continued this application at the duly noticed public hearing on August 22, 2018 to September 12, 2018, at which time evidence and testimony was presented with respect to the application.

5. The BOCC finds the site meets the criteria in Section 7-20-100(b)(2) of the Land Use Code (“Code”) for designation to the Historic Register since the County’s Historic Preservation Officer (“HPO”) finds that the Gamekeepers Lodge and its related Carriage House are of high value to the community and to the overall County Historic Inventory. The architectural design by the notable Boal & Harnois firm is significant on its own, but even more so as part of the larger John Osgood Estate. The structures are recognized as buildings of their time and the overall original character can still be understood.

6. The BOCC further finds that the issuance of one TDR as an incentive for the historic designation is appropriate, since the County’s Historic Preservation Officer (“HPO”) finds that the Gamekeepers Lodge and Carriage House retain a considerable amount of integrity of setting, design, materials, workmanship, feeling and association. Furthermore, the two historic structures are in their original locations, continue to remain the key elements of the property, and the value of the structures relative to the overall County Historic Inventory is large.

NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the Gamekeepers Lodge and Carriage House on the Jeffrey M. and Janette R. Bier property to the Pitkin County Historic Register, as shown on the map in Attachment B.

BE IT FURTHER RESOLVED by the BOCC that it does hereby grant one TDR as an incentive for the historic designation, subject to the conditions set forth herein, which shall run with the land and be binding on all successors in interest.

1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions.

Resolution No. ___-2018 Page 2

2. Within 60 days of the date of this approval, the Applicant shall record a covenant agreement in a form acceptable to the County Attorney in which the Applicant agrees to preserve the historic resources in accordance with the Pitkin County Preservation Handbook.

3. Concurrent with recordation of the historic covenant, the County shall issue one TDR Certificate to the Applicant.

4. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property.

NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19th day of July, 2018.

APPROVED AND ADOPTED on the 12th day of September, 2018.

BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO

ATTEST: By Patti Clapper, Chair

Jeanette Jones, Clerk to the BOCC

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

______Cindy Houben John Ely Community Development Director County Attorney

P051-18 PID # 2729-203-00-008

Resolution No. ___-2018 Page 3

Resolution No. ___-2018 Page 4

ATTACHMENT B

MEMORANDUM

To: Tami Kochen Pitkin County Community Development Department

From: Suzannah Reid Pitkin County Historic Preservation Officer

Re: Bier Designation to Historic Register & Historic Incentives (CASE P051-18; PID 2729-203-00-008)

Date: 7/19/18

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Jerffrey M and Janette R Bier are the owners of the Gamekeepers Lodge and have applied to designate the site to the Pitkin County Historic Register. The Gamekeepers Lodge and its associated Carriage House are parts of the original Osgood Estate, located in Redstone, Colorado. Other parts of Osgood’s enterprise are currently listed on the County Register such as the Coke Ovens and the Village of Redstone District. The bulk of Osgood’s personal Estate is currently moving through the designation process.

The Gamekeeper’s Lodge (Lodge), as stated in the application, is in almost original condition and the Carriage House has been somewhat altered. This review focuses primarily on the Lodge, but the Carriage House shares the same significance.

The Pitkin County Register was created to recognize historic properties a level of historic, architectural or cultural significance; integrity, visual prominence and/or high value to the community such that they are of greater importance and clearly distinguishable from other historic resources. Designation to the register also allows for the award of significant benefits designed to assist in the preservation of these significant buildings.

1. Importance of the historic theme to which the resource is related to the County's history. 2. The number of other historic properties that this resource represents and how it is exemplary. 3. The resource's level of integrity of location, setting, design, materials, workmanship, feeling and association. 4. The qualities of singularity such as rarity, uniqueness, and age. 5. Visual prominence. 6. Role in community events and celebrations. 7. If the work of a notable architect, builder or craftsman, how this property compares with the body of work produced by the individual or firm. 8. If associated with a notable individual, how the property illustrates their contribution to the county, state or nation.

The Gamekeeper’s Lodge and the Carriage House meet several of the criteria for designation. As part of the original Osgood Estate, the Gamekeeper’s Lodge shares the historical significance of the Castle and the Village of Redstone.

In summary: 1. The Gamekeeper’s Lodge and its associated building represent the theme of mining, which is one of the three most important themes in Pitkin County along with ranching and tourism/skiing. The coal deposits in the Crystal Valley were extremely desirable and John C Osgood acquired the mining rights to the very desirable coal deposits in the Crystal Valley and built his company into the largest coal company in Colorado; Colorado Fuel & Iron. What makes this site singular is that Osgood chose to make the Crystal Valley his home and this site was part of his personal estate, which included a private game preserve. The Gamekeeper’s lodge was the primary building associated with the preserve. This property and its associated story encapsulates the entire story Osgood, personally and of coal mining in Colorado and the Nation.

2. As part of the Estate, the Gamekeeper’s Lodge adds an important component of the larger Osgood Estate story. It shares several design elements with other Estate buildings but this is the only one created for this purpose.

3. The Lodge retains a considerable amount of integrity of location, setting, design, materials, workmanship, feeling and association. Most importantly the building is in its original location and still retains its original form, design elements and materials. The approx. 3 acre site is similar in character to the original setting with lawn in the foreground and indigenous forest surrounding the other sides. The design does not mimic the Castle buildings, but shares a sensibility and thoughtfulness seen throughout the Osgood era buildings.

4. The Lodge was designed by Boal & Harnois as part of the Estate for the purpose of housing the gamekeeper. This makes the building singular and the only example of this particular design and this particular purpose in the valley.

5. The Lodge sits directly opposite the Castle across the Crystal River and Hwy 133. It is visible from 133, though it sits in a wooded area.

6. No documented community events are associated with the building. However, Osgood and his wealthy visitors would have used the grounds for hunting trips during their extended stays.

7. The Lodge, and its associated building were designed by the Denver firm of Boal & Harnois. The work of this prominent firm is well documented and the buildings that Osgood commissioned display a high level of architectural design. The Lodge represents a unique style, developed by the architects for the Estate. They combined Tyrolian, Tudor Revival, and Richardsonian influences to create a unique design language that varies among the Estate buildings. The style relates to national design trends popular at the time. The Lodge and its related Carriage House along with the Castle and the associated Village of Redstone were all conceived together and represent Osgood’s vision of social hierarchy and an ideal company town. The design of the Lodge is significant on its own, but even more so as part of the larger Estate.

8. John C Osgood’s Estate as well as the Village of Redstone, Coke Ovens and Coal Basin nearby are the product of Osgood’s journey to wealth. Osgood was a contemporary and equal of Rockefeller, Roosevelt and Morgan at the turn of the century, but he also became interested in the idea of welfare capitalism, which at is core attempted to provide a higher quality of life for miners and their families in an effort to discourage the formation of unions. All the buildings, from the Castle to the cottages on the boulevard, represent his philosophy. Welfare capitalism never took hold in the US and Osgood ultimately turned against his workers. The events that centered on Osgood have national significance and this property is singularly associated with him and his estate.

The Lodge and Carriage House represent a high level of historic, architectural and cultural significance; they retain considerable integrity, and are of high value to the community. They are significant parts of the Osgood Estate and worthy of designation in their own right. This designation will expand the protections for the Osgood related buildings and will contribute to the preservation of this nationally important story. The request for TDRs is appropriate for the quality and significance of these buildings.

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