HomeMy WebLinkAboutcoa.lu.ca.0006.2014.ASLU *0
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0006.2014.ASLU
PARCEL ID NUMBERS
PROJECTS ADDRESS 130 S. GALENA ST
PLANNER CHRIS BENDON
CASE DESCRIPTION CODE AMENDMENTS—APPROVAL
DOCUMENTS
REPRESENTATIVE CITY OF ASPEN
DATE OF FINAL ACTION 1.8.14
CLOSED BY ANGELA SCOREY ON: 1.8.14
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MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments—Approval Documents
Ordinance No. 41, Series of 2013, 2"d Reading
DATE: November 18, 2013
SUMMARY:
The proposed ordinance updates the City's requirements for documenting a land use approvals
granted by the City. Currently, requirements for final plats, plans, and agreements are scattered
throughout the land use code in the subdivision, planned unit development, specially planned area,
stream margin, and historic preservation sections. Each section currently describes the form and
content of these documents differently.
The proposed new chapter assembles this information in one place and updates the requirements to
modern standards. The financial and site protection section compiles requirements that have
evolved over the past few years for large projects. These requirements have never been codified but
have been applied to projects during individual reviews. The performance guarantees section
assembles disparate requirements from throughout the code and provides language regarding the
estimating, administration, inspection, and release of cash sureties.
Since October 28th, staff has conducted outreach to roughly 500 individuals who receive the
department newsletter and sought input directly from 30-40 planners, land-use attorneys, and
developers who work with the City on a regular basis. There was a desire for the financial surety
sections to enable partial releases as a project progresses and for the City to first pursue non-
monetary surety options to minimize the impacts on a project. Both these changes were made.
Staff also provided additional options for detailed plans and costing requirements for public
improvements to be provided closer to the time of building permit issuance. Staff clarified that
surety requirement only apply to private improvements to the extent such improvements benefit the
public.
Staff has reviewed final edits with the City Attorney's Office and believes the ordinance is in its
final form. Staff is seeking approval.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments. All code amendments are subject to a three-step process. This is the third step in
the process:
Approval Documents Code Amendment, 2 d Reading
Page 1 of 2
1. Public Outreach
2. Policy Resolution by City-Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's requirements for documenting an approval granted by the City are scattered
throughout the code. This results in some approvals being clearly defined and others being
vague. With some approvals being "shelved" for years and changes in ownership and within city
staff, the clarity of a project approval can dissipate. Installing more rigorous requirements to
document an approval should help these situations.
Similarly, the City's requirements for securing the performance of a developer are hit and miss.
This can result in projects being treated differently and causes the administration of performance
sureties to vary dramatically between projects. The City requires performance guarantees for
large projects. But often times "small" projects contain an equal set of expectations that are not
clearly defined or secured. Again, multiple years and changes in ownership or city staff can
cause that clarity to deteriorate. Specifying the form, content, inspection, and release of
performance guarantees will significantly improve the City's ability to enforce a developer's
compliance with project approvals.
The proposed Approval Documents chapter provides a single set of requirements for
documenting a decision. This could range from documenting a complicated subdivision or
planned unit development approval to simply filing a final set of design plans for a historic
preservation case.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION(ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 41, Series of 2013."
Approval Documents Code Amendment, 2"d Reading
Page 2 of 2
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments—Approval Documents
Ordinance No. 41, Series of 2013, 2nd Reading
DATE: October 28, 2013
SUMMARY:
The proposed ordinance updates the City's requirements for documenting a land use approvals
granted by the City. Currently, requirements for final plats, plans, and agreements are scattered
throughout the land use code in the subdivision, planned unit development, specially planned area,
stream margin, and historic preservation sections. Each section currently describes the form and
content of these documents differently.
The proposed new chapter assembles this information in one place and updates the requirements to
modem standards. The financial and site protection section compiles requirements that have
evolved over the past few years for large projects. These requirements have never been codified but
have been applied to projects during individual reviews. The performance guarantees section
assembles disparate requirements from throughout the code and provides language regarding the
estimating, administration, inspection, and release of cash sureties.
This new chapter relates to the amendments to Planned Unit Development, Specially Planned Area,
and Subdivision chapters which have been discussed previously. This new chapter also relies on a
code amendment sponsored by the Engineering Department defining the form and content of
technical plans.
Staff conducted outreach to affected internal departments and to the development community. The
proposed text was amended to reflect comments from the Parks department. They wanted more
clarity regarding easements and some wording changes for restoration plans. Area engineers also
suggested some wording changes for public infrastructure plans. Specifically, to require these plans
be prepared to allow for cost estimates but not to a construction document level. Staff incorporated
these changes.
Staff is reviewing final edits with the City Attorney's Office. Depending on the extent of changes
that are needed, staff may ask that this ordinance be modified during the meeting or be continued.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
Approval Documents Code Amendment, 2nd Reading
Page 1 of 2
amendments. All code amendments are subject to a three-step process. This is the third step in
the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
BACKGROUND& OVERVIEW:
The City's requirements for documenting an approval granted by the City are scattered
throughout the code. This results in some approvals being clearly defined and others being
vague. With some approvals being "shelved" for years and changes in ownership and within city
staff, the clarity of a project approval can dissipate. Installing more rigorous requirements to
document an approval should help these situations.
Similarly, the City's requirements for securing the performance of a developer are hit and miss.
This can result in projects being treated differently and causes the administration of performance
sureties to vary dramatically between projects. The City requires performance guarantees for
large projects. But often times "small" projects contain an equal set of expectations that are not
clearly defined or secured. Again, multiple years and changes in ownership or city staff can
cause that clarity to deteriorate. Specifying the form, content, inspection, and release of
performance guarantees will significantly improve the City's ability to enforce a developer's
compliance with project approvals.
The proposed Approval Documents chapter provides a single set of requirements for
documenting a decision. This could range from documenting a complicated subdivision or
planned unit development approval to simply filing a final set of design plans for a historic
preservation case.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 41, Series of 2013."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Approval Documents Code Amendment, 2nd Reading
Page 2 of 2
ORDINANCE No. 41
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS
TO THE LAND USE CODE TO INCLUDE CHAPTER 26.490—APPROVAL
DOCUMENTS.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community
Development Department to prepare amendments to the subdivision, planned unit
development, and specially planned area chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed
and acted on by City Council, and then final action by City Council after reviewing and
considering the recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on June 24, 2013, the City Council approved Resolutions Nos. 66 and 67, Series of
2013, requesting code amendments to the Planned Unit Development, Specially Planned
Area, and Subdivision Chapters of the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code to create a new chapter
to include all requirements for the preparation, review, approval, and recording of
documents related to projects granted land use approvals; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments
and finds that the amendments meet or exceed all applicable standards pursuant to Chapter
26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare; and
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1: Chapter 26.490 — Approval Documents, which Chapter describes the
applicability, review process, contents, form, and requirements for preparing, reviewing,
approving, and recording documents reflecting the nature and detail of a land use
approval granted by the City, shall read as follows:
Ordinance No.41, Series 2013.
Page 1 of 14
Chapter 26.490
APPROVAL DOCUMENTS
26.490.010 Purpose.
26.490.020 Applicability.
26.490.030 Procedures and Standards for Review
26.490.040 Approval Documents Content and Form
26.490.050 Development Agreements.
26.490.060 Financial and Site Protection Requirements
26.490.070 Performance Guarantees
26.490.080 Deadlines and Extensions
26.490.090 Appeals
26.490.010. Purpose.
The purpose of this Chapter is to: a) create certainty and clarity between a developer and
the City regarding land use entitlements granted by the City, including certain
expectations and obligations of a developer and of the City; b) improve public records
regarding the character and nature of development approvals granted by the City; c)
improve land records and survey monuments by establishing standards for surveys and
plats; d) ensure the timely installation and maintenance of public facilities, landscape
improvements, storm water improvements, and other improvements required pursuant to
a land use approval; and, e) ensure the public health, safety, and welfare of the
community is maintained during the construction process, including unforeseen
circumstances of development.
26.490.020 Applicability.
This Chapter shall apply to all land use approvals granted by the City of Aspen pursuant
to this Title that require submission or recordation of documents to reflect or define an
approved site specific development plan.
26.490.030 Procedures and Standards for Review.
Upon receipt of a complete draft set of approval documents, the Community
Development Director shall refer copies to other appropriate City staff and applicable
outside agencies for compliance review. The draft set shall be evaluated to determine
whether each document:
1. Accurately reflects an approval granted by the City of Aspen.
2. Is in an acceptable style and format as prescribed herein and as further defined by
the City and review agencies.
3. Does not attempt to supersede or preclude the effect of laws and policies of
general applicability of the City of Aspen or those of local, State, and Federal
agencies with jurisdiction.
Ordinance No.41, Series 2013.
Page 2 of 14
The Community Development Director shall provide response comments to the applicant
specifying requested amendments to the draft documents. The Director shall advise the
applicant whether an additional cycle of review is necessary or if the applicant can
prepare final documents for signature.
Upon cure of all requested amendments to the development documents, the applicant
shall provide final documents, executed by the owner. The Community Development
Director shall route the documents for final approval, and signatures as applicable, by the
appropriate City or outside agencies.
If the documents are to be recorded, the Community Development Director shall deliver
the executed documents to the Pitkin County Clerk and Recorder for recordation. The
Director shall coordinate with the applicant as needed for recordation of related
documents. Recordation fees apply and shall be the responsibility of the applicant.
26.490.040 Approval Documents Content and Form
Approval Documents required by this Title shall conform to the following requirements:
A. Subdivision Plat.
Subdivision plats required by Chapter 26.480 — Subdivision plats, including
condominium plats and any change to a platted legal description of a parcel, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
B. Right-of-Way DedicationNacation Plat.
Right-of-Way DedicationNacation plats required by Chapter 26.480 — Subdivision,
including any adjustment to the legal description of a public right-of-way, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
C. Annexation Plat.
Annexation plats required by the Municipal Code, including any area to be
disconnected from the City, shall contain the information and be in the format
required by Title 29—Engineering Design Standards, Plats.
D. Approved Plan Set.
When required pursuant to this Title, plans shall be submitted to the Community
Development Department to document the approved design, layout, and configuration
of an approved project. The plans shall reflect approved changes made to the project
during the review and provide reference to approval documents and date(s).
The purpose of the Approved Plan Set is for the City and the developer to document a
common understanding of the approval granted. The plan should be of sufficient
detail to understand the intent of the developer but should not be considered an
application for building permit, a thorough review by the city of technical
requirements, and should not be considered a construction-level document or a permit
to proceed. Plans do not need to show specific details and are not expected to be
technical drawings or construction plans.
Ordinance No.41, Series 2013.
Page 3 of 14
Plans must be in 24" x 36" format and include an approval certificate for the
Community Development Director. Smaller plans may be accepted for simple
projects. The Director may require certain plans be prepared in a format acceptable
for recording. Plans shall also be submitted in a digital format as prescribed by the
City. Depending on the nature and complexity of a project and its approvals, some or
all of the following plans shall be included in an Approved Plan Set:
1. Conceptual Commercial or Historic Design Review Plans.
Plan and elevation drawings to reflect a conceptual design review approval
granted by the City. The plans should depict the general layout, massing,
heights, and setbacks of the approved development. The plans may contain a
combination of elevations, axonometric views, narrative, and illustrative
renderings. The city may require language on the plans specifying the limits of
the conceptual design approval.
2. Final Commercial or Historic Design Review Plans.
Plan and elevation-drawings to-reflect a final design review approval granted by
the City. The plans may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings.
3. Planned Development—Project Review Plans.
Plan and elevation drawings to reflect the approval of a Planned Development
Project. The plans should depict/describe the uses, site plan or general layout,
massing, heights, and all dimensions of the project approval. The plans may
contain a combination of floor plans, elevations, axonometric views, narrative,
and illustrative renderings. The city may require language on the plans noting the
limits of the approval or highlighting aspects of the design expected to be
amended prior to final review.
4. Planned Development—Architectural Detail and Technical Review Plans.
Plan and elevation drawings to reflect a final Planned Development approval
granted by the City. The plans should depict/describe the specific uses, site plan
or general layout, massing, heights, dimensions, and conditions of the final
approval. The plans may contain a combination of floor plans, elevations,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The city may require language on the plans noting
limitations of the approval. Depending upon the complexity of the project,
additional adjunct plans as described herein may be required to provide more
detail or address certain aspects of the approved project.
5. Environmentally Sensitive Area Plan.
A plan depicting the general layout of development approved within an
environmentally sensitive area. The plan should provide a general depiction of
the layout of existing and proposed natural and man-made features and
improvements including structures, existing vegetation, landscape improvements,
civil improvements, and access ways including accessible routes if relevant. The
plan shall describe/depict unique setbacks, building envelopes, no-build zones,
height restrictions, and similar unique conditions of the approval. The plan
Ordinance No.41, Series 2013.
Page 4 of 14
should depict and describe detailed location and types of vegetation protection
measures to preserve environmentally sensitive areas. The plan may include draft
restoration techniques to be implemented, at a conceptual level, including
ecological communities targeted to restore or improve. The plan may contain a
combination of plans, elevations, site sections, axonometric views,
depiction/description of exterior materials, narrative, and illustrative renderings.
6. Hazards Map.
A plan prepared by a Colorado registered Professional Engineer depicting, and
describing in narrative as necessary, all areas of a property that are affected by the
presence of natural or man-made hazard areas including areas of the property
affected by flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit,
avalanche or snowslide areas, slopes in excess of 40%, and any other natural or
man-made hazard or condition that could harm the health, safety, or welfare of the
community. Areas with topography in excess of 40% shall require a slope
stability study performed by the Colorado Geologic Survey.
7. Hazard Mitigation Plan.
A plan describing/depicting certain required construction or mitigation techniques
to ensure public health and safety from known natural and man-made hazards
affecting a property. The plan shall be prepared by a Colorado registered
Professional Engineer.
8. Illustrative Site Plan.
A plan depicting the general layout of proposed development. The plan should
depict the layout of existing and proposed natural and man-made features and
improvements including structures, landscape improvements, civil improvements,
and access ways including accessible routes if relevant. The plan may contain a
combination of site plans, narrative, and illustrative renderings.
9. Accessibility Plan.
A plan depicting accessible routes intended to meet the requirements of the
Americans with Disabilities Act. The plan should be of sufficient detail to
understand the intent of the developer but should not be considered a construction
document.
10. Transportation Management Plan.
A plan describing/depicting the Transportation Impacts associated with the
project, as may be required by this Title, and containing proposed special
operational practices or demand management techniques to be implemented to
reduce the impacts of the project on pedestrian, bicycle, transit, and road systems.
11. Historic Preservation Plan.
A plan showing the location and condition or existing structures and site features
to be protected or rehabilitated as approved by the City of Aspen. The plan shall
diagram and describe protection techniques to be used to protect historic
resources during construction or from demolition by neglect, including structure
stabilization, protection from weather or other site or environmental conditions,
Ordinance No.41, Series 2013.
Page 5 of 14
temporary relocation, protective barriers or fencing, and other techniques to
protect an historic resource.
The plan shall describe and depict rehabilitation strategies to recover the
structure(s) or resources, including specific conditions of the approval. The plan
shall include an approval certificate for the Historic Preservation Officer.
12. Architectural Character Plan.
A plan depicting the general character of proposed structures. The plan should
depict the massing, layout, exterior materials, and fenestration of the proposed
buildings. The plan may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The plan does not need to show every aspect of every
building, especially if the architectural character is repeated. Interior demising
walls between units should be shown, but other interior layouts of individual
units, fixture details, furniture, etc. are not necessary to depict.
13. Landscape Character Plan.
A plan showing location, size and type of proposed landscape features. The plan
should depict the layout and character of plant materials, site features, hardscape,
fixed furniture, structures, fences, drainage improvements, and other exterior
elements. The plan may contain a combination of site plans, site sections, plant
type and material specifications, narrative, and illustrative renderings. The plan
may contain design details for site features or systems to be installed. The plan
does not need to show every detail of every exterior treatment. The plan shall
include an approval certificate for the Director of Parks and Open Space.
14. Vegetation Removal/Protection Plan.
A plan showing the location, size and type of existing vegetation and other natural
landscape features within the property limits, including the location of trees with a
trunk diameter of four (4) inches or more measured four and one-half (4'/2) feet
above the ground. For native species, the plan shall locate vegetation with a trunk
diameter of three (3) inches or more. Where large groves exist, single trees need
not be located. The plan shall diagram vegetation proposed for removal along
with a list of each tree, species, and measured caliper. The vegetation removal
plan shall correlate with excavation and grading plans. The plan shall diagram
and describe vegetation protection techniques to be used including protective
fencing and areas where materials storage will be prohibited. The plan shall
include an approval certificate for the Director of Parks and Open Space.
15. Existing and Proposed Site Topography.
A plan depicting the pre-development conditions and proposed grading of a site
including layout of proposed development and depiction of drainage basins. The
plan should provide a general description of proposed drainage improvements.
The plan should be of sufficient detail to understand the intent of the developer
but should not be considered a construction document. The plan may contain a
combination of site plans, sections, and narrative.
Ordinance No.41, Series 2013.
Page 6 of 14
This may include an interpololated natural grade plan documenting estimated pre-
development conditions of the site. A plan estimating pre-development
topography must be prepared by a registered land surveyor or civil engineer. The
Community Development Director may require additional historical
documentation, technical studies, reports, or other information to verify a pre-
development topography. The Director may require this plan be prepared in a
recordable format.
16. Public Easement Plan.
A plan depicting and describing the layout and purpose of existing and proposed
public easements affecting the property including those dedicated for current or
future infrastructure needs; those dedicated for current or future access needs such
as roads, trails, open space, fishing, skiing, or similar access or recreational needs;
and, those dedicated for current or future use, operational, or maintenance needs.
If the plan is intended to dedicate the easements, the plan shall be prepared in a
recordable format with appropriate approval and acceptance certificates.
17. Public Infrastructure Plan.
A plan depicting the layout and design of proposed public improvements to be
built by a developer. The plan shall include complete detail design plans and
specifications for all public improvements to be installed with the proposed
development including but not limited to water and sewer utilities; electric
transformers; streets, sidewalks, and related improvements; trails; bridges; transit
facilities; structures; storm drainage improvements; and, similar public
infrastructure or facilities. The plan shall provide sufficient detail and include unit
totals for cost estimating and surety requirements, but does not be a construction
document. (Also see Development Agreements, below.) The City may require as-
built drawings prior to acceptance of the improvements.
26.490.050. Development Agreements.
When required pursuant to this Title, the City and the developer shall enter into an
agreement documenting the nature, extent, sequencing, and details of a project, including
all conditions placed on the development order; the obligations and responsibilities of all
parties including successors and assigns; and the procedures to define and cure default or
failure to perform during the execution or operation of the project. The agreement shall
be binding upon the parties.
The form and content of the agreement shall be acceptable to the City Attorney, the
Community Development Director, and other City staff or outside agencies affected by
the agreement. The Development Agreement may refer to or contain an approved plan
set or similar maps, depictions, or descriptions of improvements or obligations.
The specific contents of a Development Agreement will vary according to the scope and
complexity of a project, but shall generally contain the following provisions:
A. A section of recitals stating the nature of the agreement, parties, background, and
references to related documents.
Ordinance No.41, Series 2013.
Page 7 of 14
B. A section stating the purpose and effect of the agreement.
C. A section stating the effect of prior approvals or agreements.
D. A section describing the zoning and regulatory approvals granted and the
allowances and restrictions of the approvals with references to approval
documents.
E. A section describing public improvements and required elements of the project
which are subject to performance guarantees, along with referenced or attached
plans and specifications.
F. A section describing any cost-recovery or pro-rata reimbursement schedule
related to over-sizing public infrastructure.
G. A section describing any unique construction techniques, sequencing, or timing
requirements.
H. A section describing any unique operating conditions or requirements of the
project during or following completion.
L A section describing the effect and time period of statutory vested rights.
J. A section describing process and procedures for dispute resolution.
K. A section describing the process for amendments and extensions.
L. A section describing general provisions applicable to the agreement.
M. A section including or referring to agreements with utility agencies outside the
City, as applicable.
N. A section describing financial and site protection requirements and performance
guarantee requirements.
Development Agreements shall not supersede the allowances and limitations of an
approved Development Order. If during drafting of the development agreement certain
amendments are desired by all parties, the amendments shall be subject to the procedures
and requirements applicable to such an amendment and the City shall issue an amended
Development Order if the amendments are approved.
26.490.060. Financial and Site Protection Requirements
A. Proof of Financing.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide to the City Building Department and the
City Attorney for review and approval satisfactory evidence that the Owner has in place
sufficient financing to accomplish and complete the construction related to the Building
Permit being sought, including all private and public improvements covered by the
Building Permit, and all public improvements required under the Development Order or
Development Agreement. The requirement for proof of financing shall be defined in the
Development Order or Development Agreement for the project.
Ordinance No.41, Series 2013.
Page 8 of 14
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the Owner's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued.
B. Site Protection Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the property and surrounding grounds to a safe
condition in the event of a work stoppage. The requirement for and the amount of a cash
escrow shall be defined in the Development Order or Development Agreement for the
project. The Owner shall execute an Escrow Agreement and Instructions with the Escrow
Agent in a form acceptable to the City Attorney. The agreement shall include instructions
in substantially the following form:
"In the event construction work on [the project] shall cease for sixty (60) days or
longer (`work stoppage') prior to completion of the work authorized by the
Foundation/Structural Frame Permit on [the project], then the City in its discretion
may draw upon the Escrow Funds from time to time as needed for purposes of
protecting and securing [the project] site, surrounding grounds, and improvements
from damage by the elements, from trespass by unauthorized persons, and for
purposes of improving [the project] site and surrounding grounds to a safe
condition such that it does not become an attractive nuisance or pose a threat to
neighbors or other persons."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
of the work authorized in a Foundation/Structural Frame Permit for the project and
inspection by the Community Development Director.
C. Site Enhancement Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the site and surrounding grounds to a visually
acceptable condition and to install public improvements on or adjacent to the project site
to a safe condition in the event of a work stoppage. The requirement for and the amount
of a cash escrow shall be defined in the Development Order or Development Agreement
for the project. The Owner shall execute an Escrow Agreement and Instructions with the
Escrow Agent in a form acceptable to the City Attorney. The agreement shall include
instructions in substantially the following form:
"In the event construction work on [the project] shall cease for ninety (90) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by any permit or phase of permit for [the project], then the City in its
Ordinance No.41, Series 2013.
Page 9 of 14
discretion may draw upon the Escrow Funds from time to time as needed for
purposes of improving the appearance of any construction already completed on
or adjacent to the project site and for installing any public improvements on or
adjacent to the project site. The City shall have sole discretion with respect to the
manner of improving the appearance of construction work in progress as well as
determining the public improvements to be installed."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection or issuance of a Certificate of Occupancy for the project,
or upon an earlier date as agreed to by the City.
26.490.070. Performance Guarantees
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide certain performance guarantees to secure
successful implementation of public and private improvements required under the
Development Order or Development Agreement. The requirements for performance
guarantees shall be defined in the Development Order or Development Agreement for the
project.
A. Types of Guarantees.
Depending upon the nature and complexity of a project, the following types of
performance guarantees may be required:
1. Landscape Guarantee.
In order to ensure successful implementation of a landscape plan, the applicant
may be required to provide a guarantee to ensure the successful installation of all
landscaping required under a site specific development plan approval and the
continued maintenance and replacement of the landscaping for a period of two (2)
years after installation.
2. Native Landscape Restoration Guarantee.
In order to ensure successful restoration of a native landscape, the applicant may
be required to provide a guarantee to ensure the successful recovery of a site's
native vegetation as required under a site specific development plan approval and
the continued maintenance and replacement of the native vegetation for a period
of two (2) years after installation.
3. Environmentally Sensitive Area Guarantee.
In order to ensure successful improvement to or restoration of an environmentally
sensitive area, including riparian areas and areas of steep topography, the
applicant may be required to provide a guarantee to ensure the successful
improvement to or reclamation of a site as required under a site specific
Ordinance No.41, Series 2013.
Page 10 of 14
development plan approval and the continued maintenance and replacement of
vegetation for a period of two (2) years after installation.
4. Natural Hazard Mitigation Guarantee.
In order to ensure successful installation of natural hazard mitigation techniques,
the applicant may be required to provide a guarantee to ensure the successful
installation of hazard mitigation as required under a site specific development
plan.
S. Historic Preservation Guarantee.
In order to ensure the successful relocation, stabilization, protection, or
rehabilitation of an historic resource as required under a site specific development
plan approval, the applicant may be required to provide a guarantee. The amount
of the guarantee shall be established by the Historic Preservation Commission and
may include certain sequencing requirements or restrictions in relation to the
development and completion of other elements of a project.
6. Affordable Housing Guarantee.
In order to ensure the successful development and completion of affordable
housing as required under a site specific development plan approval, the applicant
may be required to provide a guarantee. The guarantee may include certain
sequencing requirements or restrictions in relation to the development and
completion of other elements of a project.
7. Public Facilities and Public Infrastructure Guarantee. In order to ensure
installation of necessary public facilities and public infrastructure planned to
accommodate the development and as required under a site specific development
plan approval, the applicant may be required to provide a guarantee to ensure the
successful installation of all public facilities and infrastructure.
8. Storm Water and Drainage Improvements Guarantee.
In order to ensure successful implementation of storm water and drainage
infrastructure planned to accommodate the development and as required under a
site specific development plan approval, the applicant may be required to provide
a guarantee to ensure the successful installation of all storm water and drainage
infrastructure.
B. Amount of Guarantee.
Unless otherwise specified within a Development Order, guarantees shall be in an
amount no less than one-hundred-and-fifty percent (150%) of the current estimated cost
of the improvements described in the approved plans and specifications. Current
estimated costs shall be prepared by the General Contractor with supporting
documentation from Colorado licensed professionals, as applicable, for review and
acceptance by the City Engineer. The City Engineer may seek confirmation of cost
estimates from third party professionals with local construction costing expertise. The
City Engineer may require updated costing information if, in the opinion of the City
Ordinance No.41, Series 2013.
Page 11 of 14
Engineer, the estimates do not reflect current market conditions. The City Engineer may
assign the review and acceptance of costs estimates to other City staff as necessary.
C. Form and Timing of Guarantees.
Guarantees shall be described within a Development Agreement and specify each unit or
item, unit costs, and quantities. The Development Agreement shall contain or refer to
approved plans and specifications for the required improvements, as necessary. The
Development Agreement shall allow unit costs to be adjusted to current market
conditions unless a permit is accepted within one year of recordation of the Development
Agreement. Guarantees shall be funded prior to issuance of a building permit, or any
phase thereof which enables the initiation of construction.
Guarantees shall be in the form of a cash escrow with the City or a bank or savings and
loan association or an irrevocable sight draft or letter of commitment from a financially
responsible lender and shall give the City the unconditional right upon demand to
partially or fully complete or pay for any improvements or pay any outstanding bills or to
withdraw funds upon demand to partially or fully complete or pay for any improvements
or pay for any improvement or pay any outstanding bills for work done thereon by any
party.
D. Inspection and Release of Guarantee.
As portions of the required improvements are completed, the City Engineer shall inspect
them for compliance with the approved plans and specifications. The City Engineer shall
accept the improvements, or portions thereof, if they conform to the approved plans and
specifications. The City Engineer may reject the improvements if they do not conform to
the approved plans and specifications, may require specific testing to confirm
conformance, may require certain upgrades the achieve conformance, or may postpone
the inspection to accommodate seasonal or other conditions. The City Engineer may
delay acceptance of improvements until other related improvements, which are part of an
overall system, are constructed.
Upon inspection and acceptance, the City Engineer shall authorize the release of one-
hundred percent (100%) of the agreed estimated costs of the improvements, or portion
thereof. The remaining fifty percent (50%) of the estimated costs shall be retained by the
City for a period of up to two (2) years from the date of final acceptance to ensure the
improvements perform as designed. During this two-year period, the City Engineer may
require the applicant, at his or her sole cost, perform certain testing, maintenance,
upgrades, or replacement of the improvements to ensure they perform as designed. The
City Engineer may draw upon the surety to accomplish the same.
Upon completion of the two-year period and a final inspection and acceptance by the City
Engineer, the remaining surety shall be released. The City Engineer may extend the
final inspection and acceptance period to accommodate seasonal or other conditions that
prevent inspection. The City Engineer may authorize release of the remaining surety
prior to the two-year period. The City Engineer may assign the inspection and release
responsibilities of this Section to other City staff as necessary.
Ordinance No. 41, Series 2013.
Page 12 of 14
26.490.080 Deadlines and Extensions
Unless an alternate timeframe is specified by the approving body, all approval
documents, plats, plans, and agreements shall be submitted to the Community
Development Department within one hundred eighty (180) days following issuance of a
Development Order.
Failure on the part of the applicant to submit required approval documents within this
timeframe shall render the land use approval invalid. The Community Development
Director may extend the submission deadline if the request is made within the statutory
vesting period, the applicant demonstrates evidence of preparing the needed documents,
and the applicant shows reasonable cause for the delay. The Community Development
Director may forward the extension request to the City Council.
Unless an alternate timeframe is specified by the Community Development Director,
corrected approval documents shall be resubmitted to the Community Development
Department within ninety (90) days following the City's issuance of requested
corrections to the documents. Failure on the part of the applicant to resubmit corrected
documents within this timeframe shall render the land use approval invalid. The
Community Development Director may extend the resubmission deadline if the applicant
demonstrates good cause. The Community Development Director may forward the
request to the City Council.
26.490.090 Appeals
An applicant aggrieved by a determination made by the Community Development
Director, the Director of Parks and Open Space, the City Engineer, or city staff assigned
by said parties to administer this Chapter may appeal the decision to the Administrative
Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals.
Section 2: Effect Upon Existing Litigation.
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: 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 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall
become effective thirty(30) days following final passage.
Ordinance No.41, Series 2013.
Page 13 of 14
Section 5•
A public hearing on this ordinance shall be held on the 28 day of October, 2013, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice
of the same shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of , 2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this_day of , 2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
Ordinance No.41, Series 2013.
Page 14 of 14
Brian Flynn ,")v
�1
From: Chris Bendon
Sent: Tuesday, October 01, 2013 5:47 PM
To: Stephen Ellsperman; Brian Flynn4
Subject: RE: development documents t `
Attachments: Development Documents.docx ,_4
Here's a draft. Look at the section on development document content and form. And the section on performance
guarantees. The section on development agreements is too sparse for you to waste your time on.
Cheers, Chris.
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from
disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and
then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If
applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual
representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of
detrimental reliance.
From: Stephen Ellsperman k
Sent: Tuesday, October 01, 2013 4:10 PM
To: Brian Flynn
Cc. Chris Bendon . , _
Subject: Re: development documents
Brian: q:
Thanks. I will look forward to getting together on this. Stephen
On Oct 1, 2013, at 2:31 PM, "Brian Flynn" <brian.flynn @citvofaspen.com>wrote:
Chris, right now the signature would be Stephen Ellsperman, Parks and Open Space Director.
Thanks we will review it when you send over the draft.
Stephen, lets discuss this and see if there is anything to add to the list of required plans.
From: Chris Bendon
Sent: Tuesday, October 01, 2013 10:18 AM
To: Brian Flynn
Subject: development documents
Brian: I am working on a new chapter of the land use code that will describe the types of plans that
need to be submitted after a final approval has been granted. We typically do this for large projects and
we don't for most of the smaller projects. The concept is for a project approval to be documented and
make it easier for everyone to know what was approved. Plans would be submitted that reflect the
approval for a staff signature. I'm including a few items related to parks—a vegetation
protection/removal plan, and a landscape plan. Will parks want a parks signature on these? And,who is
signing these days—Parks Director, Manager of Parks and Recreation, etc. Thanks. I'll shoot you the
draft section hopefully later today.
Cheers,
1
Chris Bendon,AICP :
Community Development Director
City of Aspen
970-429-2765
Web:http://www.aspenpitkin.com/Departments/Community-Development
E-Newsletter:http://www.aspenpitkin.com/Whats-New-/E-Newsletters/
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential
and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you
have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in
nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on
current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The
opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance.
2
Chapter 26.490
DEVELOPMENT DOCUMENTS
26.490.010 Purpose.
26.490.020 Applicability.
26.490.030 Procedures and Standards for Review
26.490.040 * rpment D.acuments-Content and Form
26.490.050 Development Agreements.
26.490.060 Financial and Site Protection Requirements
26.490.070 or or ►ance Guarantees
26.490.080 Deadlines and extensions
26.490.090 Appeals
26.490.010. Purpose.
The purpose of this Chapter is to: a) create certainty and clarity between a developer and
the City regarding land use entitlements granted by the City, including certain
expectations and obligations of a developer and of the City; b) improve public records
regarding the character and nature of development approvals granted by the City; c)
improve land records and survey monuments by establishing standards for surveys and
plats; d) ensure the timely installation and maintenance of public facilities, landscape
improvements, storm water improvements, and other improvements required pursuant to
a land use approval; and, e) ensure the public health, safety, and welfare of the
community is maintained during the construction process, including unforeseen
circumstances of development.
26.490.020 Applicability.
This Chapter shall apply to all land use approvals granted by the City of Aspen pursuant
to this Title that require submission or recordation of documents to reflect or define an
approved site specific development plan.
26.490.030 Procedures and Standards for Review.
Upon receipt of a complete draft set of development documents, the Community
Development Director shall refer copies to other appropriate City staff and applicable
outside agencies for compliance review. The draft set shall be evaluated to determine
whether the documents:
1. Accurately reflect an approval granted by the City of Aspen.
2. Are in an acceptable style and format as prescribed herein and as further defined
by the City and review agencies.
3. Do not attempt to supersede or preclude the effect of laws and policies of general
applicability of the City of Aspen or those of local, State, and Federal agencies
with jurisdiction.
The Community Development Director shall provide response comments to the applicant
specifying requested amendments to the draft documents. The Director shall advise the
applicant whether an additional cycle of review is necessary or if the applicant can
prepare final documents for signature.
Upon cure of all requested amendments to the development documents, the Community
Development Director shall route the documents for final approval, and signatures as
applicable, by the appropriate City or outside agencies.
If the documents are to be recorded, the Community Development Director shall deliver
the executed documents to the Pitkin County Clerk and Recorder for recordation. The
Director shall coordinate with the applicant as needed for recordation of related
documents. Recordation fees apply and shall be the responsibility of the applicant.
�04Q D+eveloprimett' ocumerits Content and Form
Evelopm6rit Documents required by this Title shall conform to the following
requirements:
A. Subdivision Plat.
Subdivision plats required by Chapter 26.480 — Subdivision, including condominium
plats, shall contain the information and be in the format required by Title 29 —
Engineering Design Standards, Plats.
B. Right-of-Way DedicationNacation Plat.
Right-of-Way DedicationNacation plats required by Chapter 26.480 — Subdivision,
including any adjustment to a public right-of-way, shall contain the information and
be in the format required by Title 29—Engineering Design Standards, Plats.
C. Approved Plan Set.
When required pursuant to this Title, plans shall be submitted to the Community
Development Department to document the approved design, layout, and configuration
of an approved project. The plans shall reflect approved changes made to the project
during the review.
The purpose of the Approved Plan Set is for the City and the developer to document a
common understanding of the approval granted. The plan should be of sufficient
detail to understand the intent of the developer but should not be considered an
application for building permit, a thorough review by the city of technical
` requirements, and should not be considered a construction-level document. Plans do
-�' not need to show detail designs and are not expected to be technical drawings or show
"v specific design details.
Q
?J `J ---unless otherwise stated in the approval document, plans must be in 11" x 17" format
and include an approval certificate for the Community Development Director. Plans
shall also be submitted in a digital format as prescribed by the City. ., f'O" r'
-""�'"�,��• ,�,,' ,. ""' �'� � L. ta�
3
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4
ti luUe and complexity of a project and its approvals, some
1. Conceptual Design Plans.
Plan and elevation drawings to reflect a conceptual design review approval
granted by the City. The plans should depict the general layout, massing,
heights, and setbacks of the approved development. The plans may contain a
combination of elevations, axonometric views, narrative, and illustrative
renderings. The city may require language on the plans specifying the limits of
the conceptual design approval.
2. Final Design Plans.
Plan and elevation drawings to reflect a final design review approval granted by
the City. The plans may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings.
3. Planned Development—Project Plans.
Plan and elevation drawings to reflect the approval of a Planned Development
Project. The plans should depict/describe the uses, site plan or general layout,
massing, heights, and all dimensions of the project approval. The plans may
contain a combination of floor plans, elevations, axonometric views, narrative,
and illustrative renderings. The city may require language on the plans noting the
limits of the approval or highlighting aspects of the design expected to be
amended prior to final review.
4. Planned Development—Architectural Detail and Technical Plans.
Plan and elevation drawings to reflect a final Planned Development approval
granted by the City. The plans should depict/describe the specific uses, site plan
or general layout, massing, heights, dimensions, and conditions of the final
approval. The plans may contain a combination of floor plans, elevations,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The city may require language on the plans noting
limitations of the approval. Depending upon the complexity of the project,
additional adjunct plans as described herein may be required to provide more
detail or address certain aspects of the approved project.
S. Environmentally Sensitive Area Plan.
A plan depicting the general layout of development approved within an
environmentally sensitive area. The plan should provide a general depiction of
the layout of existing and proposed natural and man-made features and
improvements including structures, existing vegetation, landscape improvements,
civil improvements, and access ways including accessible routes if relevant. The
plan shall describe/depict unique setbacks, building envelopes, no-build zones,
height restrictions, and similar unique conditions of the approval. The plan may
4 require specific descriptions/depictions of vegetation protec n or site
p
i § 4;"..r�'� .!'°-.'"°' � �,�S a��n��,P r7�:' � �_"°�R � d �` `�t�'�*`� �4 5=a .J �`E C. .;F�
techniques to be implemented. The plan may contain a
combination of plans, elevations, sections, axonometric views,
depiction/description of exterior materials, narrative, and illustrative renderings.
6 Hazards Map.
A plan depicting all areas of a property that constitute natural hazard areas
including areas of the property affected by natural or man-made hazards including
flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock
falls, rock slides, mining activity including mine waste deposit, avalanche or
snowslide areas, slopes in excess of 40%, and any other natural or man-made
hazard or condition that could harm the health, safety, or welfare of the
community. Areas with topography in excess of 40% shall require a slope
stability study performed by the Colorado Geologic Survey.
7. Hazard Mitigation Plan.
A plan describing/depicting certain required construction or mitigation techniques
to ensure public health and safety from known natural and man-made hazards
affecting a property.
_Woo
A plan depicting the general layout of proposed development. V' ggjan "oul
iMNAnarrative, and illustrative renderings
9. Accessibility Plan.
A plan depicting accessible routes intended to meet the requirements of the
Americans with Disabilities Act. The plan should be of sufficient detail to
understand the intent of the developer and should not be considered a construction
document.
10. Historic Preservation Plan.
A plan showing the location and condition existing structures and site features to
be protected or rehabilitated as approved by the City of Aspen. The plan shall
diagram and describe protection techniques to be used to protect historic
resources during construction, or from demolition by neglect, including structure
stabilization, protection from weather or other site or environmental conditions,
temporary relocation, protective barriers or fencing, and other techniques to
protect an historic resource.
The plan shall describe and depict rehabilitation strategies to recover the
structure(s) or resources and including specific conditions of the approval. The
plan shall include an approval certificate for the Historic Preservation Officer.
IL Architectural Character Plan.
A plan depicting the general character of proposed structures. The plan should
depict the massing, layout, exterior materials, and fenestration of the proposed
buildings. The plan may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The plan does not need to show every aspect of every
building, especially if the architectural character is repeated. Interior demising
walls between units should be shown, but other interior layouts of individual
units, fixture details, furniture, etc. are not necessary to depict.
1 jail4siam.Character lan.
p an sowing location, size and type of proposed landscape features. The plan
should depict the layout and character of plant materials, site features, hardscape,
fixed furniture, and other exterior elements. The plan may contain a combination
- of site-plans, sections, plant type and material-specifications, narrative, and
illustrative renderings. The plan may contain design details for site features or
systems to be installed. The plan does not need to show every detail of every
exterior treatment. T �M* x l rqV < � ea e..for t Dix o
,f Forks and OpenSf Vf.
13. Vegetation Removal/Protection Plan.
A ?1 e location, size and type of existing vegetation and other natural
land *ithin the property limits, including the location of trees with a
�1 trunk diameter of inches or more measured four and one-half (4'/z) feet eLvt
-` above the ground. Where large groves exist, single trees need not be located. The P, ,C,A
plan shall diagram vegetation proposed for removal along with a list of each tree,
species, and measured caliper. The vegetation removal plan shall correlate with ��,;
excavation and grading plans. The plan shall diagram and describe vegetation
tection techniques to be used including protective fencing and areas where c;
materials storage will be prohibited. The plan shall include an approval certificates.°4t
for the Director of Parks
. ,_., ydµ .
14. Existing and Proposed Site Topography.
A plan depicting the pre-development conditions and proposed grading of a site
including layout of proposed development and depiction of drainage basins. The
plan should provide a general description of proposed drainage improvements.
The plan should be of sufficient detail to understand the intent of the developer
and should not be considered a construction document. The plan may contain a
combination of site plans, sections, and narrative.
This may include an interpololated natural grade plan documenting estimated pre-
development conditions of the site. A plan estimating pre-development
topography must be prepared by a registered land surveyor or civil engineer. The
Community Development Director may require additional historical
documentation, technical studies, reports, or other information to verify a pre-
development topography. The Director may require this plan be prepared in a
recordable format.
A plan depicting the layout and design of proposed public improvements to be
built by a developer. The plan shall include complete detail design plans and
specifications for all public improvements to be installed with the proposed
development including but not limited to water and sewer utilities; electric
transformers; streets, sidewalks, and related improvement
facilities; structures; storm drainage improvements; rd, similar public
infrastructure or facilities. The plan shall include unit totA is for cost estimating
and surety requirements. (Also see section".) The plans 4shall not be considered
/i construction documents. The City may require as'-built drawings prior to
✓ acceptance of the improvements.
W4
26. 90.050. Development Agreements. ���
When required pursuant to this Title, the City and developer shall enter into an agreement € �`
binding the project to any conditions placed on the development order and documenting
the obligations, responsibilities, default, cure, sequencing,
Required items w/in a dev agreement. —debbie
Development agreements shall not supersede the allowances and limitations of an
approved Development Order. If, during drafting of the development agreement, certain
amendments are desired the amendments shall be subject to ,the procedures and
requirements applicable to such an amendment and the City shall reissue a Development
Order if the amendments are approved.
Depending on the nature and complexity of a project and its approvals, some or all of the
following items shall be included in the Development Agreement.
A section of recitals stating the nature of the agreement, parties, background, and
references to related documents.
• section stating the purpose and effect of the agreement.
• section stating the effect of prior approvals or agreements.
• section describing the zoning and regulatory approvals granted, with references
to approval documents.
• section describing the allowances and restrictions of the land use approvals.
• section describing public improvements, required elements of the project which
are subject to
A section describing any cost-recovery or pro-rata reimbursement schedule related
to over-sizing public infrastructure.
• section describing any unique construction techniques or timing requirements.
• section describing any unique operating conditions or requirements.
• section describing the effect and time period of statutory vested rights.
• section describing process and procedures for dispute resolution.
• secion describing the process for amendments and extensions.
A section describing general provisions applicable to the agreement.
Agreements with non-City of Aspen utility providers utility or ditch companies,
when applicable.
Performance guarantees
26.490.060. Financial and Site Protection Requirements
A. Proof of Financing.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide to the City Building Department and the
City Attorney for review and approval satisfactory evidence that the Owner has in place
sufficient financing to accomplish and complete the construction related to the Building
Permit being sought, including all private and public improvements covered by the
Building Permit, and all public improvements required under the Development Order or
Development Agreement. The requirement for proof of financing shall be defined in the
Development Order or Development Agreement for the project.
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the Owner's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued.
B. Site Protection Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the property and surrounding grounds to a safe
condition in the event of a work stoppage. The requirement for and the amount of a cash
escrow shall be defined in the Development Order or Development Agreement for the
project. If a cash escrow is required, the Owner shall also execute an Escrow Agreement
and Instructions with the Escrow Agent in substantially the following form:
"In the event construction work on [the project] shall cease for sixty (60) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by the Foundation/Structural Frame Permit on [the project], then the
City in its discretion may draw upon the Escrow Funds from time to time as
needed for purposes of protecting and securing [the project] site, surrounding
grounds, and improvements from damage by the elements, from trespass by
unauthorized persons, and for purposes of improving [the project] site and
surrounding grounds to a safe condition such that it does not become an attractive
nuisance or pose a threat to neighbors or other persons."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection of the work authorized a Foundation/Structural Frame
Permit for the project.
C. Site Enhancement Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the site and surrounding grounds to a visually
acceptable condition and to install public improvements on or adjacent to the project site.
safe condition in the event of a work stoppage. The requirement for and the amount of a
cash escrow shall be defined in the Development Order or Development Agreement for
the project. If a cash escrow is required, the Owner shall also execute an Escrow
Agreement and Instructions with the Escrow Agent in substantially the following form:
"In the event construction work on [the project] shall cease for ninety (90) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by any permit or phase of permit for [the project], then the City in its
discretion may draw upon the Escrow Funds from time to time as needed for
purposes of improving the appearance of any construction already completed on
or adjacent to the project site and for installing any public improvements on or
adjacent to the project site. The City shall have sole discretion with respect to the
manner of improving the appearance of construction work in progress as well as
determining the public improvements to be installed."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection or issuance of a Certificate of Occupancy for the project,
or upon an earlier date as agreed to by the City.
1 .
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide certain performance guarantees to secure
successful implementation of public and private improvements required under the
Development Order or Development Agreement. erfnnaaaae
guarantees shall be defined in the Development,Order,Qr Development�ge , tr the
projec
�.
A. Types of Guarantees. .M`y '''"' ii
1. Landscape Guarantee.
In order to ensure successful implementation of a landscape pla the applicant
may be required to provide a guarantee to ensure the successful inst lation of all
landscaping required under a site specific development plan appro al and the
continued maintenance and replacement of the landscaping for a period of two (2)
years after installation.
2. Native Landscape uarantee.
In order to ensure successful wQla*iativn of a native landscape, the applicant may
be required to provide a guarantee to ensure the successful recovery of a site's
native vegetation as required under a site specific development plan approval and
the continued maintenance and replacement of the native vegetation for a period
of two (2) years after installation.
3. Environmentally Sensitive Area Guarantee.
In order to ensure successful improvement to or T-�ien of an
environmentally sensitive area, including riparian areas and areas of steep
topography, the applicant may be required to provide a guarantee to ensure the
successful improvement to or reclamation of a site as required under a site
specific development plan approval and the continued maintenance and
replacement of vegetation for a period of two (2) years after installation.
4. Natural Hazard Mitigation Guarantee.
In order to ensure successful installation of natural hazard mitigation techniques,
the applicant may be required to provide a guarantee to ensure the successful
installation of hazard mitigation as required under a site specific development
plan.
5. Historic Preservation Guarantee.
In order to ensure the successful relocation, stabilization, protection, or
rehabilitation of an historic resource as required under a site specific development
plan approval, the applicant may be required to provide a guarantee. The amount
of the guarantee shall be established by the Historic Preservation Commission and
may include certain sequencing requirements or restrictions in relation to other
elements of a project.
6 Affordable Housing Guarantee.
In order to ensure the successful development and completion of affordable
housing as required under a site specific development plan approval, the applicant
may be required to provide a guarantee. The guarantee may include certain
sequencing requirements or restrictions in relation to other elements of a project.
7. Public Facilities and Public Infrastructure Guarantee. In order to ensure
installation of necessary public facilities and public infrastructure planned to
accommodate the development and as required under a site specific development
plan approval, the applicant may be required to provide a guarantee to ensure the
successful installation of all public facilities and infrastructure.
8. Storm Water and Drainage Improvements Guarantee.
In order to ensure successful implementation of storm water and drainage
infrastructure planned to accommodate the development and as required under a
site specific development plan approval, the applicant may be required to provide
a guarantee to ensure the successful installation of all storm water and drainage
infrastructure.
B. Amount of Guarantee.
a ,
Unless otherwise specified within a Development Order, guarantees shall be in an
amount no less than one-hundred-and-fifty percent (150%) of the current estimated cost
of the improvements described in the approved plans and specifications. Current
estimated costs shall be prepared by the General Contractor with supporting
documentation from Colorado licensed professionals as applicable for review and
iV acceptance by the City Engineer. The City Engineer may seek confirmation of cost
estimates from third party professionals with local construction costing expertise. The
City Engineer may require updated costing information if, in the opinion of the City
_ Engineer, the estimates do not reflect current market conditions. The City Engineer may
assign the review and acceptance of costs estimates to other City staff as necessary.
C. Form and Timing of Guarantees.
Guarantees shall be described within a Development Agreement and specify each unit or
item, unit costs, and quantities. The Development Agreement shall contain or refer to
approved plans and specifications for the required improvements, as necessary. The
Development Agreement shall allow unit costs to be adjusted to current market
conditions unless a permit is accepted within one year of recordation of the Development
1 Agreement. Guarantees shall be funded prior to issuance of a building permit, or any
pase thereof which enables the initiation of construction.
guarantees shall be in the form of a cash escrow with the City or a bank or savings and
```-loan association or an irrevocable sight draft or letter of commitment from a financially
. responsible lender and shall give the City the unconditional right upon demand to
partially or fully complete or pay for any improvements or pay any outstanding bills or to
withdraw funds upon demand to partially or fully complete or pay for any improvements
.4 or pay for any improvement or pay any outstanding bills for work done thereon by any
party. ,.
4 w'P
D. Inspection and Release of Guarantee.
4 As portions of the required improvements are completed, the rty Engineers 11 inspect �1
them r om liance with the a roved lans ands ecificationhe Cit n ineer shall
P Pp p P Y g , , ,' M
accept the improvements;if they conform to the approved plans and specifications. The
City Engineer may reject the improvements if they do not conform to the approved plans t
and specifications, may require specific testing to confirm conformance, may require
certain upgrades the achieve conformance, or may postpone the inspection to
accommodate seasonal or other conditions. The City Engineer may delay acceptance of
improvements until other related improvements, which are part of an overall system, are
constructed.
a
i
Ic, r7
00 (1a
Upon�nspection and acceptance,"'the City Engineer shad authorize the release of one- ? "`
hundred percent (100%) of the agreed estimated cots of the improvements,, The
g fifty percent (50%) of the estimated costs hall be retained by the City fora
period of up to two (2) years from the date o final acceptance to ensure the
improvements perform as designed. During this two ear period, the City Engineer may t'r
require the applicant perform certain testing, maintenance, upgrades o replacement of
the improvements to ensure they perform as designed or may draw upon the surety to
accomplish the same. �� �s
Upon completion of the two-year period and a final inspection and acceptance by the City
Engineer, the remaining surety shall be released. The City Engineer may extend the
final inspection and acceptance period to accommodate seasonal or other conditions that
prevent inspection. The City Engineer may authorize release of the remaining surety
prior to the two-year period. The City Engineer may assign the inspection and release
responsibilities of this Section to other City staff as necessary.
26.490.080 Deadlines and Extensions
Unless an alternate timeframe is specified by the approving body, all plats, plans, and
agreements shall be submitted to the Community Development Department within one
hundred eighty (180) days following approval.
Failure on the part of the applicant to submit required plats, plans, or agreements within
this timeframe shall render the land use approval invalid. The Community Development
Director may extend the submission deadline if the request is made within the statutory
vesting period and if there is a community interest for providing such an extension. The
Community Development Director may forward the extension request to the City
Council.
Unless an alternate timeframe is specified by the Community Development Director,
corrected plats, plans and documents shall be resubmitted to the Community
Development Department within ninety (90) days following the City's issuance of
requested corrections to the documents. Failure on the part of the applicant to resubmit
corrected documents within this timeframe shall render the land use approval invalid.
The Community Development Director may extend the resubmission deadline if the
applicant demonstrates good cause. The Community Development Director may forward
the request to the City Council.
Upon submission of all final recordable condominium plat, the plat and any associated
documents shall be promptly recorded.
26.490.090 Appeals
An applicant aggrieved by a determination made by the Community Development
Director this Chapter may appeal the decision to the Administrative Hearing Officer,
pursuant to the procedures and standards of Chapter 26.316, Appeals.
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: Land Use Code Amendments—Approval Documents
Ordinance No. 41, Series of 2013, 1" Reading
DATE: October 15, 2013
SUMMARY:
The proposed ordinance updates the City's requirements for documenting a land use approval
granted by the City. Currently, requirements for final plats, plans, and agreements are scattered
throughout the land use code in the subdivision, planned unit development, specially planned area,
stream margin, and historic preservation sections. Each section currently describes the form and
content of these documents differently.
The proposed new chapter assembles this information in one place and updates the requirements to
modern standards. The financial and site protection section compiles requirements that have
evolved over the past few years for large projects. These requirements have never been codified but
have been applied to projects during individual reviews. The performance guarantees section
assembles disparate requirements from throughout the code and provides language regarding the
estimating, administration, inspection, and release of cash sureties.
This new chapter relates to the amendments to Planned Unit Development, Specially Planned Area,
and Subdivision chapters which have been discussed previously. This new chapter also relies on a
code amendment sponsored by the Engineering Department defining the form and content of
technical plans. Staff has arranged these amendments to be considered concurrently on the October
28`" meeting. The schedule can be extended as needed.
Staff is conducting outreach to affected internal departments and to the development community
prior to second reading. Staff expects agreement with the overall concept with some focus on
specific wording. Changes to the ordinance may occur prior to second reading.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance upon first reading.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This meeting is to review potential changes to the Subdivision regulations of the City. Pursuant
to Land Use Code Section 26.310, City Council is the final review authority for all code
amendments. All code amendments are subject to a three-step process. This is the third step in
the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on Ordinance outlining specific code amendments.
Approval Documents Code Amendment, 1"Reading
Page 1 of 2
BACKGROUND& OVERVIEW:
The City's requirements for documenting an approval granted by the City are scattered
throughout the code. This results in some approvals being clearly defined and others being
vague. With some approvals being "shelved" for years and changes in ownership and within city
staff, the clarity of a project approval can dissipate. Installing more rigorous requirements to
document an approval should help these situations.
Similarly, the City's requirements for securing the performance of a developer are hit and miss.
This can result in projects being treated differently and causes the administration of performance
sureties to vary dramatically between projects. The City requires performance guarantees for
large projects. But often times "small" projects contain an equal set of expectations that are not
clearly defined or secured. Again, multiple years and changes in ownership or city staff can
cause that clarity to deteriorate. Specifying the form, content, inspection, and release of
performance guarantees will significantly improve the City's ability to enforce a developer's
compliance with project approvals.
The proposed Approval Documents chapter provides a single set of requirements for
documenting a decision. This could range from documenting a complicated subdivision or
planned unit development approval to simply filing a final set of design plans for a historic
preservation case.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 41, Series of 2013, on first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A— Staff Findings
Approval Documents Code Amendment, 1"Reading
Page 2 of 2
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three—Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendment is consistent with the Land Use Code. It updates the City's
requirements and processes to reflect current development conditions and responds to input from
the local development community.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
Earlier this year, City Council identified a number of work program priorities for Community
Development. Updating the Subdivision, Planned Unit Development, and Specially Planned
Area Chapters to the Land Use Code was one of those. Council expressed interest in creating a
more predictable process for these reviews, as is called for in the 2012 AACP. Staff finds this
criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure clarity and documentation of land use approvals
granted by the City. Staff finds this criterion to be met.
Approval Docs Code Amendment; Exhibit A
Page 1 of 1
ORDINANCE No. 41
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS
TO THE LAND USE CODE TO INCLUDE CHAPTER 26.490—APPROVAL
DOCUMENTS.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community
Development Department to prepare amendments to the subdivision, planned unit
development, and specially planned area chapters of the Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed
and acted on by City Council, and then final action by City Council after reviewing and
considering the recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on June 24, 2013, the City Council approved Resolutions Nos. 66 and 67, Series of
2013, requesting code amendments to the Planned Unit Development, Specially Planned
Area, and Subdivision Chapters of the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code to create a new chapter
to include all requirements for the preparation, review, approval, and recording of
documents related to projects granted land use approvals; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments
and finds that the amendments meet or exceed all applicable standards pursuant to Chapter
26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare; and
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1: Chapter 26.490 — Approval Documents, which Chapter describes the
applicability, review process, contents, form, and requirements for preparing, reviewing,
approving, and recording documents reflecting the nature and detail of a land use
approval granted by the City, shall read as follows:
Ordinance No.41, Series 2013.
Page 1 of 14
Chapter 26.490
APPROVAL DOCUMENTS
26.490.010 Purpose.
26.490.020 Applicability.
26.490.030 Procedures and Standards for Review
26.490.040 Approval Documents Content and Form
26.490.050 Development Agreements.
26.490.060 Financial and Site Protection Requirements
26.490.070 Performance Guarantees
26.490.080 Deadlines and Extensions
26.490.090 Appeals
26.490.010. Purpose.
The purpose of this Chapter is to: a) create certainty and clarity between a developer and
the City regarding land use entitlements granted by the City, including certain
expectations and obligations of a developer and of the City; b) improve public records
regarding the character and nature of development approvals granted by the City; c)
improve land records and survey monuments by establishing standards for surveys and
plats; d) ensure the timely installation and maintenance of public facilities, landscape
improvements, storm water improvements, and other improvements required pursuant to
a land use approval; and, e) ensure the public health, safety, and welfare of the
community is maintained during the construction process, including unforeseen
circumstances of development.
26.490.020 Applicability.
This Chapter shall apply to all land use approvals granted by the City of Aspen pursuant
to this Title that require submission or recordation of documents to reflect or define an
approved site specific development plan.
26.490.030 Procedures and Standards for Review.
Upon receipt of a complete draft set of approval documents, the Community
Development Director shall refer copies to other appropriate City staff and applicable
outside agencies for compliance review. The draft set shall be evaluated to determine
whether each document: - - - - - - -
1. Accurately reflects an approval granted by the City of Aspen.
2. Is in an acceptable style and format as prescribed herein and as further defined by
the City and review agencies.
3. Does not attempt to supersede or preclude the effect of laws and policies of
general applicability of the City of Aspen or those of local, State, and Federal
agencies with jurisdiction.
Ordinance No.41, Series 2013.
Page 2 of 14
The Community Development Director shall provide response comments to the applicant
specifying requested amendments to the draft documents. The Director shall advise the
applicant whether an additional cycle of review is necessary or if the applicant can
prepare final documents for signature.
Upon cure of all requested amendments to the development documents, the Community
Development Director shall route the documents for final approval, and signatures as
applicable, by the appropriate City or outside agencies.
If the documents are to be recorded, the Community Development Director shall deliver
the executed documents to the Pitkin County Clerk and Recorder for recordation. The
Director shall coordinate with the applicant as needed for recordation of related
documents. Recordation fees apply and shall be the responsibility of the applicant.
26.490.040 Approval Documents Content and Form
Approval Documents required by this Title shall conform to the following requirements.
A. Subdivision Plat.
Subdivision plats required by Chapter 26.480 — Subdivision plats, including
condominium plats and any change a platted legal description of a parcel, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
B. Right-of-Way Dedication/Vacation Plat.
Right-of-Way Dedication/Vacation plats required by Chapter 26.480 — Subdivision,
including any adjustment to the legal description of a public right-of-way, shall
contain the information and be in the format required by Title 29 — Engineering
Design Standards, Plats.
C. Approved Plan Set.
When required pursuant to this Title, plans shall be submitted to the Community
Development Department to document the approved design, layout, and configuration
of an approved project. The plans shall reflect approved changes made to the project
during the review.
The purpose of the Approved Plan Set is for the City and the developer to document a
common understanding of the approval granted. The plan should be of sufficient
detail to understand the intent of the developer but should not be considered an
application for building permit, a thorough review by the city of technical
requirements, and should not be considered a construction-level document. Plans do
not need to show specific detail designs and are not expected to be technical drawings
or construction plans.
Unless otherwise stated in the approval document, plans must be in 11" x 17" format
and include an approval certificate for the Community Development Director. The
Director may require certain plans be prepared in a format acceptable for recording.
Ordinance No.41, Series 2013.
Page 3 of 14
Plans shall also be submitted in a digital format as prescribed by the City. Depending
on the nature and complexity of a project and its approvals, some or all of the
following plans shall be included in an Approved Plan Set:
1. Conceptual Design Plans.
Plan and elevation drawings to reflect a conceptual design review approval
granted by the City. The plans should depict the general layout, massing,
heights, and setbacks of the approved development. The plans may contain a
combination of elevations, axonometric views, narrative, and illustrative
renderings. The city may require language on the plans specifying the limits of
the conceptual design approval.
2. Final Design Plans.
Plan and elevation drawings to reflect a final design review approval granted by
the City. The plans may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings.
3. Planned Development—Project Plans.
Plan and elevation drawings to reflect the approval of a Planned Development
Project. The plans should depict/describe the uses, site plan or general layout,
massing, heights, and all dimensions of the project approval. The plans may
contain a combination of floor plans, elevations, axonometric views, narrative,
and illustrative renderings. The city may require language on the plans noting the
limits of the approval or highlighting aspects of the design expected to be
amended prior to final review.
4. Planned Development—Architectural Detail and Technical Plans.
Plan and elevation drawings to reflect a final Planned Development approval
granted by the City. The plans should depict/describe the specific uses, site plan
or general layout, massing, heights, dimensions, and conditions of the final
approval. The plans may contain a combination of floor plans, elevations,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The city may require language on the plans noting
limitations of the approval. Depending upon the complexity of the project,
additional adjunct plans as described herein may be required to provide more
detail or address certain aspects of the approved project.
S. Environmentally Sensitive Area Plan.
A plan depicting the general layout of development approved within an
environmentally sensitive area. The plan should provide a general depiction of
the layout of existing and proposed natural and man-made features and
improvements including structures, existing vegetation, landscape improvements,
civil improvements, and access ways including accessible routes if relevant. The
plan shall describe/depict unique setbacks, building envelopes, no-build zones,
height restrictions, and similar unique conditions of the approval. The plan may
Ordinance No.41, Series 2013.
Page 4 of 14
require specific descriptions/depictions of vegetation protection or site
rehabilitation techniques to be implemented. The plan may contain a
combination of plans, elevations, sections, axonometric views,
depiction/description of exterior materials, narrative, and illustrative renderings.
6. Hazards Map.
A plan prepared by a Colorado registered Professional Engineer depicting, and
describing in narrative as necessary, all areas of a property that are affected by the
presence of natural or man-made hazard areas including areas of the property
affected by flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit,
avalanche or snowslide areas, slopes in excess of 40%, and any other natural or
man-made hazard or condition that could harm the health, safety, or welfare of the
community. Areas with topography in excess of 40% shall require a slope
stability study performed by the Colorado Geologic Survey.
7. Hazard Mitigation Plan.
A plan describing/depicting certain required construction or mitigation techniques
to ensure public health and safety from known natural and man-made hazards
affecting a property. The plan shall be prepared by a Colorado registered
Professional Engineer.
8. Illustrative Site Plan.
A plan depicting the general layout of proposed development. The plan should
depict the layout of existing and proposed natural and man-made features and
improvements including structures, landscape improvements, civil improvements,
and access ways including accessible routes if relevant. The plan may contain a
combination of site plans, narrative, and illustrative renderings.
9. Accessibili Plan.
A plan depicting accessible routes intended to meet the requirements of the
Americans with Disabilities Act. The plan should be of sufficient detail to
understand the intent of the developer but should not be considered a construction
document.
10. Historic Preservation Plan.
A plan showing the location and condition existing structures and site features to
be protected or rehabilitated as approved by the City of Aspen. The plan shall
diagram and describe protection techniques to be used to protect historic
resources during construction or from demolition by neglect, including structure
stabilization, protection from weather or other site or environmental conditions,
temporary relocation, protective barriers or fencing, and other techniques to
protect an historic resource.
Ordinance No.41, Series 2013.
Page 5 of 14
The plan shall describe and depict rehabilitation strategies to recover the
structure(s) or resources, including specific conditions of the approval. The plan
shall include an approval certificate for the Historic Preservation Officer.
IL Architectural Character Plan.
A plan depicting the general character of proposed structures. The plan should
depict the massing, layout, exterior materials, and fenestration of the proposed
buildings. The plan may contain a combination of elevations, floor plans,
axonometric views, depiction/description of exterior materials, narrative, and
illustrative renderings. The plan does not need to show every aspect of every
building, especially if the architectural character is repeated. Interior demising
walls between units should be shown, but other interior layouts of individual
units, fixture details, furniture, etc. are not necessary to depict.
12. Landscape Character Plan.
A plan showing location, size and type of proposed landscape features. The plan
should depict the layout and character of plant materials, site features, hardscape,
fixed furniture, and other exterior elements. The plan may contain a combination
of site plans, sections, plant type and material specifications, narrative, and
illustrative renderings. The plan may contain design details for site features or
systems to be installed. The plan does not need to show every detail of every
exterior treatment. The plan shall include an approval certificate for the Director
of Parks and Open Space.
13. Vegetation Removal/Protection Plan.
A plan showing the location, size and type of existing vegetation and other natural
landscape features within the property limits, including the location of trees with a
trunk diameter of six (6) inches or more measured four and one-half (4'/z) feet
above the ground. Where large groves exist, single trees need not be located. The
plan shall diagram vegetation proposed for removal along with a list of each tree,
species, and measured caliper. The vegetation removal plan shall correlate with
excavation and grading plans. The plan shall diagram and describe vegetation
protection techniques to be used including protective fencing and areas where
materials storage will be prohibited. The plan shall include an approval certificate
for the Director of Parks and Open Space.
14. Existing and Proposed Site Topographer
A plan depicting the pre-development conditions and proposed grading of a site
including layout of proposed development and depiction of drainage basins. The
plan should provide a general description of proposed drainage improvements.
The plan should be of sufficient detail to understand the intent of the developer
but should not be considered a construction document. The plan may contain a
combination of site plans, sections, and narrative.
This may include an interpololated natural grade plan documenting estimated pre-
development conditions of the site. A plan estimating pre-development
Ordinance No.41, Series 2013.
Page 6 of 14
topography must be prepared by a registered land surveyor or civil engineer. The
Community Development Director may require additional historical
documentation, technical studies, reports, or other information to verify a pre-
development topography. The Director may require this plan be prepared in a
recordable format.
15. Public Infrastructure Plan.
A plan depicting the layout and design of proposed public improvements to be
built by a developer. The plan shall include complete detail design plans and
specifications for all public improvements to be installed with the proposed
development including but not limited to water and sewer utilities; electric
transformers; streets, sidewalks, and related improvements; trails; bridges; transit
facilities; structures; storm drainage improvements; and, similar public
infrastructure or facilities. The plan shall include unit totals for cost estimating
and surety requirements. (Also see Development Agreements, below.) The plans
shall not be considered construction documents. The City may require as-built
drawings prior to acceptance of the improvements.
26.490.050. Development Agreements.
When required pursuant to this Title, the City and the developer shall enter into an
agreement documenting the nature, extent, sequencing, and details of a project, including
all conditions placed on the development order; the obligations and responsibilities of all
parties including successors and assigns; and the procedures to define and cure default or
failure to perform during the execution or operation of the project. The agreement shall
be binding upon the parties.
The form and content of the agreement shall be acceptable to the City Attorney, the
Community Development Director, and other City staff or outside agencies affected by
the agreement. The Development Agreement may refer to or contain an approved plan
set or similar maps, depictions, or descriptions of improvements or obligations.
The specific contents of a Development Agreement will vary according to the scope and
complexity of a project, but shall generally contain the following provisions:
A. A section of recitals stating the nature of the agreement, parties, background, and
references to related documents.
B. A section stating the purpose and effect of the agreement.
C. A section stating the effect of prior approvals or agreements.
D. A section describing the zoning and regulatory approvals granted and the
allowances and restrictions of the approvals with references to approval
documents.
E. A section describing public improvements and required elements of the project
which are subject to performance guarantees, along with referenced or attached
plans and specifications.
Ordinance No.41, Series 2013.
Page 7 of 14
F. A section describing any cost-recovery or pro-rata reimbursement schedule
related to over-sizing public infrastructure.
G. A section describing any unique construction techniques, sequencing, or timing
requirements.
H. A section describing any unique operating conditions or requirements of the
project during or following completion.
I. A section describing the effect and time period of statutory vested rights.
J. A section describing process and procedures for dispute resolution.
K. A section describing the process for amendments and extensions.
L. A section describing general provisions applicable to the agreement.
M. A section including or referring to agreements with utility agencies outside the
City, as applicable.
N. A section describing financial and site protection requirements and performance
guarantee requirements.
Development Agreements shall not supersede the allowances and limitations of an
approved Development Order. If during drafting of the development agreement certain
amendments are desired by all parties, the amendments shall be subject to the procedures
and requirements applicable to such an amendment and the City shall issue an amended
Development Order if the amendments are approved.
26.490.060. Financial and Site Protection Requirements
A. Proof of Financing.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with.any phase of a project, the Owner provide to the City Building Department and the
City Attorney for review and approval satisfactory evidence that the Owner has in place
sufficient financing to accomplish and complete the construction related to the Building
Permit being sought, including all private and public improvements covered by the
Building Permit, and all public improvements required under the Development Order or
Development Agreement. The requirement for proof of financing shall be defined in the
Development Order or Development Agreement for the project.
Supporting cost estimates for all improvements covered by the requested Building Permit
shall be prepared by the Owner's General Contractor and shall be delivered to the City
Building Department for review and approval before the Building Permit is issued.
B. Site Protection Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the property and surrounding grounds to a safe
condition in the event of a work stoppage. The requirement for and the amount of a cash
Ordinance No.41, Series 2013.
Page 8 of 14
escrow shall be defined in the Development Order or Development Agreement for the
project. The Owner shall execute an Escrow Agreement and Instructions with the Escrow
Agent in a form acceptable to the City Attorney. The agreement shall include instructions
in substantially the following form:
"In the event construction work on [the project] shall cease for sixty (60) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by the Foundation/Structural Frame Permit on [the project], then the
City in its discretion may draw upon the Escrow Funds from time to time as
needed for purposes of protecting and securing [the project] site, surrounding
grounds, and improvements from damage by the elements, from trespass by
unauthorized persons, and for purposes of improving [the project] site and
surrounding grounds to a safe condition such that it does not become an attractive
nuisance or pose a threat to neighbors or other persons."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection of the work authorized a Foundation/Structural Frame
Permit for the project.
C. Site Enhancement Guarantee.
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner deposit cash escrow funds with an acceptable
Escrow Agent to secure recovery of the site and surrounding grounds to a visually
acceptable condition and to install public improvements on or adjacent to the project site.
safe condition in the event of a work stoppage. The requirement for and the amount of a
cash escrow shall be defined in the Development Order or Development Agreement for
the project. The Owner shall execute an Escrow Agreement and Instructions with the
Escrow Agent in a form acceptable to the City Attorney. The agreement shall include
instructions in substantially the following form:
"In the event construction work on [the project] shall cease for ninety (90) days or
longer (`work stoppage') prior to a final inspection by the City of the work
authorized by any permit or phase of permit for [the project], then the City in its
discretion may draw upon the Escrow Funds from time to time as needed for
purposes of improving the appearance of any construction already completed on
or adjacent to the project site and for installing any public improvements on or
adjacent to the project site. The City shall have sole discretion with respect to the
manner of improving the appearance of construction work in progress as well as
determining the public improvements to be installed."
The City of Aspen shall be named a third party beneficiary of the Escrow Agreement
with the express right and authority to enforce the terms of the Agreement. Unless
otherwise established in a Development Order or Development Agreement, the Escrow
Ordinance No.41, Series 2013.
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Funds or any remaining balance thereof shall be returned to Applicant upon completion
by the City of a final inspection or issuance of a Certificate of Occupancy for the project,
or upon an earlier date as agreed to by the City.
26.490.070. Performance Guarantees
The City may require, as a condition of issuing a permit allowing an Owner to proceed
with any phase of a project, the Owner provide certain performance guarantees to secure
successful implementation of public and private improvements required under the
Development Order or Development Agreement. The requirements for performance
guarantees shall be defined in the Development Order or Development Agreement for the
project.
A. Types of Guarantees.
Depending upon the nature and complexity of a project, the following types of
performance guarantees may be required:
1. Landscape Guarantee.
In order to ensure successful implementation of a landscape plan, the applicant
may be required to provide a guarantee to ensure the successful installation of all
landscaping required under a site specific development plan approval and the
continued maintenance and replacement of the landscaping for a period of two (2)
years after installation.
2. Native Landscape Reclamation Guarantee.
In order to ensure successful reclamation of a native landscape, the applicant may
be required to provide a guarantee to ensure the successful recovery of a site's
native vegetation as required under a site specific development plan approval and
the continued maintenance and replacement of the native vegetation for a period
of two (2) years after installation.
3. Environmentally Sensitive Area Guarantee.
In order to ensure successful improvement to or reclamation of an
environmentally sensitive area, including riparian areas and areas of steep
topography, the applicant may be required to provide a guarantee to ensure the
successful improvement to or reclamation of a site as required under a site
specific development plan approval and the continued maintenance and
replacement of vegetation for a period of two (2) years after installation.
4. Natural Hazard Mitigation Guarantee.
In order to ensure successful installation of natural hazard mitigation techniques,
the applicant may be required to provide a guarantee to ensure the successful
installation of hazard mitigation as required under a site specific development
plan.
S. Historic Preservation Guarantee,
Ordinance No.41, Series 2013.
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In order to ensure the successful relocation, stabilization, protection, or
rehabilitation of an historic resource as required under a site specific development
plan approval, the applicant may be required to provide a guarantee. The amount
of the guarantee shall be established by the Historic Preservation Commission and
may include certain sequencing requirements or restrictions in relation to the
development and completion of other elements of a project.
6 Affordable Housing Guarantee.
In order to ensure the successful development and completion of affordable
housing as required under a site specific development plan approval, the applicant
may be required to provide a guarantee. The guarantee may include certain
sequencing requirements or restrictions in relation to the development and
completion of other elements of a project.
7. Public Facilities and Public Infrastructure Guarantee. In order to ensure
installation of necessary public facilities and public infrastructure planned to
accommodate the development and as required under a site specific development
plan approval, the applicant may be required to provide a guarantee to ensure the
successful installation of all public facilities and infrastructure.
8. Storm Water and Drainage Improvements Guarantee.
In order to ensure successful implementation of storm water and drainage
infrastructure planned to accommodate the development and as required under a
site specific development plan approval, the applicant may be required to provide
a guarantee to ensure the successful installation of all storm water and drainage
infrastructure.
B. Amount of Guarantee.
Unless otherwise specified within a Development Order, guarantees shall be in an
amount no less than one-hundred-and-fifty percent (150%) of the current estimated cost
of the improvements described in the approved plans and specifications. Current
estimated costs shall be prepared by the General Contractor with supporting
documentation from Colorado licensed professionals, as applicable, for review and
acceptance by the City Engineer. The City Engineer may seek confirmation of cost
estimates from third party professionals with local construction costing expertise. The
City Engineer may require updated costing information if, in the opinion of the City
Engineer, the estimates do not reflect current market conditions. The City Engineer may
assign the review and acceptance of costs estimates to other City staff as necessary.
C. Form and Timing of Guarantees.
Guarantees shall be described within a Development Agreement and specify each unit or
item, unit costs, and quantities. The Development Agreement shall contain or refer to
approved plans and specifications for the required improvements, as necessary. The
Development Agreement shall allow unit costs to be adjusted to current market
conditions unless a permit is accepted within one year of recordation of the Development
Ordinance No.41, Series 2013.
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Agreement. Guarantees shall be funded prior to issuance of a building permit, or any
phase thereof which enables the initiation of construction.
Guarantees shall be in the form of a cash escrow with the City or a bank or savings and
loan association or an irrevocable sight draft or letter of commitment from a financially
responsible lender and shall give the City the unconditional right upon demand to
partially or fully complete or pay for any improvements or pay any outstanding bills or to
withdraw funds upon demand to partially or fully complete or pay for any improvements
or pay for any improvement or pay any outstanding bills for work done thereon by any
party.
D. Inspection and Release of Guarantee.
As portions of the required improvements are completed, the City Engineer shall inspect
them for compliance with the approved plans and specifications. The City Engineer shall
accept the improvements if they conform to the approved plans and specifications. The
City Engineer may reject the improvements if they do not conform to the approved plans
and specifications, may require specific testing to confirm conformance, may require
certain upgrades the achieve conformance, or may postpone the inspection to
accommodate seasonal or other conditions. The City Engineer may delay acceptance of
improvements until other related improvements, which are part of an overall system, are
constructed.
Upon inspection and acceptance, the City Engineer shall authorize the release of one-
hundred percent (100%) of the agreed estimated costs of the improvements. The
remaining fifty percent (50%) of the estimated costs shall be retained by the City for a
period of up to two (2) years from the date of final acceptance to ensure the
improvements perform as designed. During this two-year period, the City Engineer may
require the applicant perform certain testing, maintenance, upgrades, or replacement of
the improvements to ensure they perform as designed or may draw upon the surety to
accomplish the same.
Upon completion of the two-year period and a final inspection and acceptance by the City
Engineer, the remaining surety shall be released. The City Engineer may extend the
final inspection and acceptance period to accommodate seasonal or other conditions that
prevent inspection. The City Engineer may authorize release of the remaining surety
prior to the two-year period. The City Engineer may assign the inspection and release
responsibilities of this Section to other City staff as necessary.
26.490.080 Deadlines and Extensions
Unless an alternate timeframe is specified by the approving body, all approval
documents, plats, plans, and agreements shall be submitted to the Community
Development Department within one hundred eighty (180) days following issuance of a
Development Order.
Ordinance No.41, Series 2013.
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Failure on the part of the applicant to submit required approval documents within this
timeframe shall render the land use approval invalid. The Community Development
Director may extend the submission deadline if the request is made within the statutory
vesting period, the applicant demonstrates evidence of preparing the needed documents,
and the applicant shows reasonable cause for the delay. The Community Development
Director may forward the extension request to the City Council.
Unless an alternate timeframe is specified by the Community Development Director,
corrected approval documents shall be resubmitted to the Community Development
Department within ninety (90) days following the City's issuance of requested
corrections to the documents. Failure on the part of the applicant to resubmit corrected
documents within this timeframe shall render the land use approval invalid. The
Community Development Director may extend the resubmission deadline if the applicant
demonstrates good cause. The Community Development Director may forward the
request to the City Council.
26.490.090 Appeals
An applicant aggrieved by a determination made by the Community Development
Director, the Director of Parks and Open Space, the City Engineer, or city staff assigned
by said parties to administer this Chapter may appeal the decision to the Administrative
Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals.
Section 2: Effect Upon Existing Litigation.
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: 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 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall
become effective thirty(30) days following final passage.
Section 5:
A public hearing on this ordinance shall be held on the 28 day of October, 2013, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice
of the same shall be published in a newspaper of general circulation within the City of Aspen.
Ordinance No.41, Series 2013.
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[signatures on following page]
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of 12013.
Attest:
Kathryn S. Koch,City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this_day of ,2013.
Attest:
Kathryn S. Koch, City Clerk Steven Skadron, Mayor
Approved as to form:
City Attorney
Ordinance No.41, Series 2013.
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