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HomeMy WebLinkAboutPart 400.Development Review Standards and Procedures.Land Use Code.1999Part 400 — Development Review Standards and Procedures Part 400 PART 400 - DEVELOPMENT REVIEW STANDARDS AND PROCEDURES 26.404 DEVELOPMENT PERMITTED AS OF RIGHT 26.404.010 Development permitted as of right. 26.410 RESIDENTIAL DESIGN STANDARDS 26.410.010 General. 26.410.020 Procedure. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.415 DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES 26.415.010 Development involving the inventory of historic sites and structures or development in an "H," Historic Overlay District. 26.415.020 Variances. 26.415.030 Minimum maintenance requirements. 26.415.040 Appeal and call up. 26.420 HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS 26.420.010 Standards for designation. 26.420.020 Procedure for designation, amendment, rescinding. 26.420.030 Application. 26.420.040 Recordation of designation. 26.420.050 Placement on city's official zone district map. 26.420.060 Rescinding designation. 26.420.070 Establishment of district. 26.420.080 Establishment of inventory of historic sites and structures. 26.420.090 Development approval for historic landmark. 26.425 CONDITIONAL USES 26.425.010 Purpose. 26.425.020 Authority. 26.425.030 Authorized conditional uses. 26.425.040 Standards applicable to all conditional uses. 26.425.050 Procedure for conditional use approval. 26.425.060 Application. 26.425.070 Reserved. 26.425.080 Amendment of development order. City of Aspen Land Use Code Page - 79 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.404.010 26.430 SPECIAL REVIEW 26.430.010 Purpose. 26.430.020 Authority. 26.430.030 Applicability. 26.430.040 Review standards for special review. 26.430.050 Procedure for special review approval. 26.430.060 Application. 26.430.070 Conditions. 26.430.080 Modification of requirements. 26.430.090 Amendment of development order. 26.435 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) 26.435.010 Purpose. 26.435.020 Authority. 26.435.030 8040 greenline review. 26.435.040 Stream margin. 26.435.050 Mountain view plane review. 26.435.060 Hallam Lake Bluff review. 26.435.070 Procedure for approval of development in ESA. 26.435.080 Application. 26.435.090 Conditions. 26.440 SPECIALLY PLANNED AREA (SPA) 26.440.010 Purpose. 26.440.020 Applicability. 26.440.030 Designation of specially planned area (SPA). 26.440.040 Development in a specially planned area (SPA). 26.440.050 Review standards for development in a Specially Planned Area. 26.440.060 Application. 26.440.070 SPA agreement and recordation. 26.440.080 Amendment to development order. 26.445 PLANNED UNIT DEVELOPMENT (PUD) 26.445.010 Purpose. 26.445.020 Applicability. 26.445.030 Planned unit development approval. 26.445.040 PUD agreement. 26.445.050 Notice of PUD designation. 26.445.060 Placement of PUD designation on official zone district map. 26.445.070 Recordation. 26.445.080 Amendment of PUD development order. 26.445.090 Enforcement of PUD development order. City of Aspen Land Use Code Page - 80 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.404.010 26.450 TEMPORARY USES 26.451-1.010 Purpose. 26.450.020 Authorization for temporary uses. 26.450.030 Criteria applicable to all temporary uses. 26.450.040 Conditions of approval. 26.450.050 Duration and expiration of a temporary use. 26.450.060 Procedure for temporary use approval. 26.450.070 Application. 26.450.080 Amendment of development order. 26.450.090 No vesting of temporary uses. 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.470.010 Purpose and description. 26.470.020 Applicability. 26.470.030 Metro Area development ceilings. 26.470.040 Annual development allotments. 26.470.050 Exemptions. 26.470.060 Development allotment procedures. 26.470.070 Minimum development standards. 26.470.080 Growth management scoring criteria: residential and tourist accommodations. 26.470.090 Amendment of development order. 26.470.100 Expiration of development order. 26.470.110 Affordable housing. 26.480 SUBDIVISION 26.480.010 Purpose. 26.480.020 Applicability and prohibitions. 26.480.030 Exemptions. 26.480.040 Procedures for review. 26.480.050 Review standards. 26.480.060 Application. 26.480.070 Subdivision agreement. 26.480.080 Amendment to subdivision development order. 26.480.090 Condominiumization. City of Aspen Laid Use Code Page - 81 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.404.010 Chapter 26.404 DEVELOPMENT PERMITTED AS OF RIGHT 26.404.010 Development permitted as of right. A. Purpose. Permitted uses are those land uses which are consistent with other land uses in the same zone district in which they are located, and which have been designated as permitted uses for the applicable zone district established in Chapter 26.710. B. Authority. The Chief Building Official, in accordance with the procedures, standards, and limitations of this Chapter, shall approve, approve with conditions, or disapprove a development application for a permitted use. C. Application. A development application for a permitted use shall consist of an application for a building permit pursuant to Section 26.304.075, together with a description of the proposed development. . D. Action on the application. Upon receipt of a development application for a permitted use, the Chief Building Official shall follow the procedures set forth at Section 26.304.075. City of Aspen Land Use Code Page - 82 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.410.010 Chapter 26.410 RESIDENTIAL DESIGN STANDARDS Sections: 26.410.010 General. 26.410.020 Procedure. 26.410.030 Administrative checklist. 26.410.040 Residential design standards. 26.410.010 General. A. Purpose. The purpose of the following design standards are to preserve established neighborhood scale and character, and to ensure that Aspen's streets and neighborhoods are public places conducive to walking. Front facades and their relationship to the street establish the character of a neighborhood. The area surrounding a home's front door creates a transition between the private life of a dwelling and the public realm. A one (1) story architectural projection emphasizing the entry provides an appropriate domestic scale for a private residence. Street facing porches, loggias, and balconies provide outdoor living space, further animating the streetscape. Windows establish a hierarchy of spaces within larger, formal windows denoting public areas, smaller ones suggesting private space. Consistent front setbacks define the space of the street. B. Applicability. All residential development in the City of Aspen requiring a building permit from the City of Aspen, except for residential development within the R-15B zone district, shall comply with the residential design standards as specified in by the Administrative Checklist unless otherwise granted a variance by the Design Review Appeal Board as established in Chapter 26.222 or unless granted a variance through some other required review process by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission. C. Application. A development application for residential development shall consist of an application for a Development Order pursuant to Section 26.304.030. The Development Order application shall be submitted to the Community Development Department. D. Exemptions. No application for a residential development order shall be exempt from the provisions of this section unless the Community Development Director determines that the proposed development: 1. Adds floor area but does not alter the exterior of an existing structure; or City of Aspen Land Use Code Page - 83 Revised 0 1/0 1/99 Part 400 — Development Review Standards and Procedures Section 26.415.020 2. Is an addition or remodel of an existing structure that does not change the exterior of the building; or 3. Repair of existing architectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activities which create no change to the exterior appearance of the structure and have no impact on its character. 26.410.020 Procedure. A. Pre -application Conference. An applicant shall conduct a pre -application conference with the Community Development Department. At the conference the Community Development Director shall make a determination if the proposed project is exempt from the provisions of this Chapter, or the project is a major or minor development, as defined herein. The Community Development Director shall provide the appropriate application packet which shall include the Submission Requirements of the Administrative Checklist and any other pertinent land use material. B. Application. An applicant shall prepare an application for review and approval by the Community Development Department. In order to proceed with additional land use reviews or obtain a Development Order, staff shall find the submitted development application consistent with the Residential Design Guidelines. 1. If an application is found to be inconsistent with any item of the Residential Design Guidelines the applicant may either amend the application or appeal staffs finding to the Design Review Appeal Board pursuant to Chapter 26.222, Design Review Appeal Board. 2. If any other review is required by other provisions of the code, and that review determines that certain items of the Residential Design Guidelines should be waived, then the applicant shall not be required to submit to further review by the Design Review Board of Appeal. 26.410.030 Administrative checklist. The Director of Community Development shall promulgate a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for issuance of a development order for an application that is consistent with the Residential Design Guidelines. City of Aspen Land Use Code Page - 84 Revised 0 1/0 1/99 Part 400 — Development Review Standards and Procedures Section 26.415.020 26.410.040 Residential design standards. A. Building Orientation. 1. The orientation of the principal mass of all buildings must be parallel to the streets they face. On corner lots, both street -facing facades of the principal mass must be parallel to the road. On curvilinear streets, the principal mass of all buildings must be tangent to the midpoint of the arc. 2. All single-family homes, townhouses, and duplexes must have a street -oriented entrance and a street facing principal window, except townhouses and accessory units facing courtyards or gardens, where entries and principal windows should face those features. On corner lots, entries and principal windows should face whichever street has a greater ,block depth. a. A street oriented entrance requires that at least one of the following two conditions are met: (1) The front entry door is on the street facade; (2) A covered entry porch of fifty (50) or more square feet is part of the street facade. b. A street facing principal window requires that a significant window or group of windows of a living room, dining room or family room face the street. 3. For single-family homes and duplexes with attached garages or carports, the width of the house must be at least five (5) feet greater than the width of the garage along its street facing frontage. The garage must be set back at least ten (10) feet further from the street than the house. 4. Multiple unit residential buildings must have at least one street -oriented entrance for every four (4) units. Front units must have a street facing principal window. B. One Story Element. 1. All residential buildings must have a one-story street facing element the width of which comprises at least twenty (20) percent of the building's overall width. C. Build -To Lines. 1. If seventy-five (75) percent or more of the residential buildings on the face of a block where a project is to be located are within two (2) feet of a common front setback line, a minimum of sixty (60) percent of a proposed project's front facade must also be within two (2) feet of that front setback. City of Aspen Land Use Code Page - 85 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.415.020 2. Corner sites are of particular importance in the definition of street frontages. Therefore, on corner sites where fewer than seventy-five (75) percent of the residential buildings on the face of a block are located within two (2) feet of a common setback line, a minimum of sixty (60) percent of at least one of the street frontages of a proposed project's front facade must be located within two (2) feet of the minimum setback. D. Primary Mass. A primary mass is a building volume for which two (2) of the following characteristics do not vary: plate height, ridge height, wall plane. The floor area of a primary mass in excess of seventy (70) percent of total allowable floor area shall be multiplied by 1.25. Incidental exterior features that break a roof or wall plane such as dormers or bay windows are not considered as changing a plate height, ridge height or wall plane. E. Inflection. 1. If the street frontage of an adjacent structure is one (1) story in height for a distance more than twelve (12) feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. a. If the adjacent structures on both sides of a proposed building are one (1) story in height, the required one (1) story volume of the proposed building may be on one (1) side only. b. If a proposed building occupies a corner lot, and faces an adjacent . one (1) story structure, the required one (1) story element may be reversed to face the corner. F. Lightwells. 1. All areaways, lightwells and/or stairwells on the street facing side(s) of a building must be entirely recessed behind the vertical plane established by the portion of the building facade which is closest to the street. G. Garages 1. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front facade a minimum of ten(10) feet. 2. If a driveway to a garage is below natural grade within the required front yard setback the resulting cut cannot exceed two (2) feet in depth, measured from natural grade. City of Aspen Land Use Code Page - 86 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.415.020 3. Garages below natural grade, garages with a vehicular entrance width greater than twenty-four (24) feet, and garages with a vehicular entrance width greater than forty (40) percent of the front facade in total shall meet one of the following conditions: (a) All elements of the garage shall be located within fifty (50) feet of the rear lot line, or (b) All elements of the garage shall be located farther than one hundred fifty (150) feet from the front lot line, or (c) The vehicular entrance to the garage shall be perpendicular to the front lot line. H. Windows Fagade penetrations between nine (9) to fifteen (15) feet above the elevation of the finished floor may be subject to a floor area penalty pursuant to Section 26.575.020 (A)(5). City of Aspen Land Use Code Page - 87 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 Chapter 26.415 DEVELOPMENT INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR WHICH OCCURS IN AN "H," HISTORIC OVERLAY DISTRICT Sections: 26.415.010 Development involving the inventory of historic sites and structures or development in an "H," Historic Overlay District. 26.415.020 Variances. 26.415.030 Minimum maintenance requirements. 26.415.040 Appeal and call up. 26.415.010 Development involving the inventory of historic sites and structures or development in an "H," Historic Overlay District. Unless determined to be exempt by the Community Development Director, any development involving the inventory of historic sites and structures or development in an "H," Historic Overlay District, shall be reviewed in accordance with the provisions of this Chapter and, as applicable, the Common Development Review Procedures set forth at Chapter 26.304. A. Exempt development. Application. An application for exempt development shall be made to the Community Development Director. The Community Development Director shall determine if the proposed development or activity is eligible for exemption or whether the application should, because of significant effects upon historic resources, be more appropriately reviewed by the Historic Preservation Commission. 2. Development or activity which may be exempt: a. Any interior remodeling of a structure, the repainting of the exterior of an already painted structure, and the choice of color of any exterior architectural feature. b. The replacement of architectural features when found necessary for the preservation of the structure, the repair of existing architectural features, and similar remodeling activities which create no change to the exterior appearance of the structure and have no impact on its character. c. Awnings, canopies, fences, mechanical equipment, or other similar attachments to or accessory features of a structure. However in the process of erecting said attachments, none of the significant features of the structure may be destroyed or City of Aspen Land Use Code Page - 88 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 permanently removed. Incidental destruction or limited removal necessary to erect any attachment shall not make the action significant development. d. Signs which are not subject to review pursuant to Section 26.415.010(F)(2)(A). e. Within the "CC," Commercial Core Zone District, any insignificant changes such as paving and new street furniture in the site design of an individual property. f. When it affects a non -historic structure in the "H," Historic Overlay District, and when it has no significant impact on the character of the structure, any development required for compliance with the Americans with Disabilities Act 3. Conditions of approval. For the exemptions listed above, the Community Development Director may place conditions on the exemption which are relevant to the mitigation of impacts to the affected historic site or structure or to an adjacent historic site or structure. 4. Appeal. Pursuant to Section 26.316, an applicant may appeal an adverse decision by the Community Development Director to the Historic Preservation Commission. B. Minor development. 1. Definition. Minor development shall be defined as follows: a. Remodeling where alterations are made to no more than one (1) element of the structure, including but not limited to the remodeling of a roof, window, door, skylight, ornamental trim, siding, kick -plate, dormer, porch, staircase, or balcony. b. Expansion or erection of a structure wherein the increase in floor area of the structure is two hundred fifty (250) square feet or less. C. Erection or remodeling of combinations or multiples of no more than three (3) of the following features: awnings, canopies, signs, fences, windows, doors, skylights, dormers, and other similar attachments. Erection of more than three (3) of the above listed features may be defined as minor if the community development director determines that the cumulative impact of such development is minor in its effect on the character of the existing structures. d. Unless the community development director determines that the development is to be reviewed as a significant development, the erection of street furniture, signs, benches, public art, or similar development which is to be placed in the Commercial Core or Main Street Historic Districts. 2. Procedures for review. Minor development requires a one step review. City of Aspen Land Use Code Page - 89 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 a. Step required: A public meeting before HPC. b. Notice required: Posting pursuant to Section 26.304.060(E)(3). C. HPC action: Resolution approving, approving with conditions, or disapproving the development application. 3. Application. A development application for minor development shall include the following: a. The general application information required in Section 26.304.030. b. If determined appropriate by the community development director, a site plan or survey showing property boundaries and predominant existing site characteristics. C. An accurate representation of all major building materials such as samples and photographs to be used for the proposed development. d. A scale drawing of the proposed development in relation to any existing structure. e. If applicable, a statement of the effect of the proposed development on the original design of the historic structure and character of the neighborhood. 4. Review standards. No approval for any development in the "H,". Historic Overlay District, or involving historic landmarks shall be granted unless the Historic Preservation Commission finds that all of the following standards are met: a.. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site coverage by up to five (5) percent, the Historic Preservation Commission may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and City of Aspen Land Use Code Page - 90 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 C. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels, and d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. C. Significant development. 1. Definition. Significant development shall be defined as follows: a. The erection of an awning, canopy, sign, fence, or other similar attachments to or accessory features of a structure that in the process of being erected cause significant features of the structure to be permanently destroyed or removed, or b. The erection or remodeling of any single feature of a structure which has not been determined to be minor, or C. The expansion or erection of a structure wherein the increase in floor area of the structure is more than two hundred fifty (250) square feet, or d. The construction of a new structure within an "H," Historic Overlay District, or e. When a development plan has been required by the HPC pursuant to Section 26.415.020(J)(5), the development of any property which is listed on the inventory of historic sites and structures and which has received approval for demolition or off - site relocation. 2. Procedures for review. Significant development requires a two step review: (1) approval by the Historic Preservation Commission of a conceptual development plan, and (2) approval by the Historic Preservation Commission of a final development plan. The Community Development Director may consolidate the conceptual and final plan review steps if it is determined that such a consolidation is appropriate. If the development application proposes not only a significant development, but also a rezoning, a code text amendment, a PUD, an SPA, or other consolidated reviews, the Community Development Director may consolidate and modify the review process pursuant to Section 26.304.060(B). a. Step one: A public hearing before HPC to determine if the conceptual application meets the standards set forth below: (1) Notice required: Publication, posting, and notice pursuant p Sections 26.304.060(E)(3)(a), (b) and (c). City of Aspen Land Use Code Page - 91 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 3. a. a. 0 (2) HPC action: Resolution approving, approving with conditions, or disapproving the conceptual development plan. Step two: A public hearing before HPC to determine if the final development plan meets the standards set forth below: (1) Time restriction on application for final development plan. An application for a final development plan shall be filed within one (1) year of the date of approval of a conceptual development plan. Unless a written request for extension is filed with community development prior to the expiration of the one (1) year and is granted by HPC, the failure to file an application for a final development plan shall render null and void the approval of the conceptual development plan previously granted by the HPC. (2) Notice required: Publication, posting, and notice pursuant to Sections 26.304.060(E)(3)(a), (b), and (c). (3) HPC action: Resolution approving, approving with conditions, or disapproving the final development plan. Notice to the City Council of the resolution adopted in accordance with Section 26.415.010(G) below. Application for conceptual development plan. Application. An application for a conceptual development plan shall include the following: (1) The general application information required in Section 26.304.030. (2) A site plan and a survey showing the property boundaries and predominant existing site characteristics. (3) The conceptual selection of major building materials to be used in the proposed development. (4) If applicable, a statement of the effect of the proposed development on the original design of the historic structure and/or character of the neighborhood. (5) Scale drawings of all elevations of any proposed structures, including a roof plan. (6) Without adding excessive costs to the applicant, a visual description of the neighborhood context through at least one (1) of the following: diagrams, maps, photographs, models, or streetscape elevations. Effect of approval of conceptual development plan. Approval of a conceptual development plan shall not constitute final approval of a significant development or City of Aspen Land Use Code Page - 92 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 permission to proceed with the development. Such approval shall constitute only authorization to proceed with a development application for a final development plan. 4. Application for Final development plan. a. Application. An application for a final development plan shall include: (1) The general application information required in Section 26.304.030. (2) An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. (3) Finalized drawings of the proposal at 1/4" = V0 scale. (4) If applicable, a statement detailing the effect of the proposed development on the original design of the historic structure and character of the neighborhood. (5) A statement indicating how the final development plan conforms to representations made and to conditions placed upon the proposal during the conceptual review. 5. review standards. No approval for any development in the "H," Historic Overlay District, or involving historic landmarks shall be granted unless the Historic Preservation Commission finds that all of the following standards are met: a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site coverage by up to five (5) percent, Historic Preservation Commission may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under the Cottage Infill Program, Section 26.520.040(B)(2), for detached accessory dwelling units, and A floor area bonus will only be awarded to projects which in the opinion of the HPC make an "outstanding preservation effort." Examples to be considered would include the retention of historic outbuildings or the creation of breezeway or connector elements between the historic resource and new construction. Lots which are larger than 9,000 square feet and properties which receive approval for a "historic landmark City of Aspen Land Use Code Page - 93 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 lot split" may also be considered for the bonus. No development application which includes a request for an FAR bonus may be submitted until the applicant has met with the Historic Preservation Commission in a work session to discuss whether or not the proposal might qualify for the floor area bonus, and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and C. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels; and d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. D. Historic landmark lot split. 1. The development of all lots created pursuant to Section 26.480.030(A)(5) shall be reviewed by the Historic Preservation Commission and the City Council. 2. Procedures for review. An historic landmark lot split requires a two step review. a. Steps required: A public hearing before HPC and a public hearing before City Council. b. Notice required: Publication, mailing, and posting pursuant to Section 26.304.060(E)(3)(a), (b), and (c). c. HPC action: Resolution approving, approving with conditions, or disapproving historic landmark lot split. d. City Council action: Ordinance approving, approving with conditions, or disapproving historic landmark lot split. E. Demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation. 1. General. No demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation of any structure included in the Inventory of Historic Sites and Structures of the City of Aspen, established pursuant to Section 26.480.090, or any structure within an "H" Historic Overlay District, shall be permitted unless the demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation is approved by the Historic Preservation Commission in accordance with the standards set forth in this Chapter. City of Aspen Land Use Code Page - 94 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 2. Procedures for review. a. Steps required: A public hearing before the Historic Preservation Commission. b. Notice requirements: Publication, mailing and posting. (See Section 26.304.060(E)(3)(a), (b) and (c).) C. HPC action: Resolution approving, approving with conditions, or disapproving development plan. Notice to the City Council of the resolution adopted in accordance with Section 26.415.010(G) below. 3. Application for demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation. The application shall include the following, except that applications affecting a structure which does not contribute to the historic significance of the parcel shall only be required to include the submission requirements listed in sub -Sections (a), (b), and (e) below: a. The general application information required in Section 26.304.030. b. A written description of the structure proposed for demolition, partial demolition, off -site relocation, on -site relocation, temporary relocation, or exemption, and its year of construction. C. A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation. d. For demolition or off -site relocation only: An economic feasibility report that provides: (1) Estimated market value of the property on which the structure lies, in its current condition, and after demolition or relocation. (2) Estimates from an architect, developer, real estate agent or appraiser experienced in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the structure proposed for demolition or relocation. (3) All appraisals made of the property on which the structure is located made within the previous two (2) years. (4) Any other information considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. e. For demolition, partial demolition, off -site relocation and on -site relocation only: A development plan and a statement of the effect of the proposed development on the other structures on the property and the character of the neighborhood around the City of Aspen Land Use Code Page - 95 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 property shall be submitted so that HPC is able to make a finding whether the applicable standards are met. In the case of a demolition or off -site relocation, the development plan will be reviewed as a Significant Development application, pursuant to Section 26.415.010. 4. Application for demolition or exemption from demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation. A development application for exemption shall include all items specified in 26.415.010 (E)(3)(a) and (b) above. 5. Standards for review of demolition. No approval for demolition shall be granted unless the Historic Preservation Commission finds that all of the following standards are met: a. The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, and b. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property, and C. The structure cannot be practicably moved to another site in Aspen, and d. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: (1) Any impacts that occur to the character of the neighborhood where demolition is proposed to occur. (2) Any impact on the historic significance of the structure or structures located on the parcel and adjacent parcels. (3) Any impact to the architectural character and integrity of the structure or structures located on the parcel and adjacent parcels. 6. Standards for review of partial demolition. No approval for partial demolition shall be granted unless the Historic Preservation Commission finds all of the following standards are met: a. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel, and b. The applicant has mitigated, to the greatest extent possible: (1) Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions, and City of Aspen Land Use Code Page - 96 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 (2) Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions that are compatible in mass and scale with the historic structure. 7. Standards for review of off -site relocation. No approval for off -site relocation shall be granted unless the Historic Preservation Commission finds that all of the following standards are met: a. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property, and b. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation, and C. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re -siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation, and d. A relocation plan shall be submitted, including posting a bond or other financial security approved by HPC with the engineering department, to insure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation, and e. The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the receiving site's neighborhood is consistent with the architectural integrity of the structure, and the relocation of the historic structure would not diminish the integrity or character of the receiving site's neighborhood. An acceptance letter from the property owner of the receiving site shall be submitted. 8. Standards for review of on -site relocation. No approval for on -site relocation shall be granted unless the Historic Preservation Commission finds that the standards of Section 26.415.020(D)(2), (3), and (4) have been met. If the structure that is to be relocated does not contribute to the historic significance of the parcel, only standard 26.415.020(D)(2) must be met. 9. Standards for review of temporary relocation. No approval for temporary relocation shall be granted unless the Historic Preservation Commission finds that the standards of Section 26.415.020(D)(3) and (4) have been met. 10. Exemption for structures within an "H, " Historic Overlay District. The demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation of a City of Aspen Land Use Code Page - 97 Revised 01/01/99 Pan. 400 — Development Review Standards and Procedures Section 26.420.010 structure located within an "H," Historic Overlay District, may be exempt from meeting the applicable standards in Section 26.415.020(B), (C), (D), (E) or (F) if the Historic Preservation Commission finds that the following conditions have been met: a. The structure is not identified on the Inventory of Historic Sites and Structures. b. The structure is considered to be non-contributing to the historic district. C. The structure does not contribute to the overall character of the historic district, and its demolition, partial demolition, off -site relocation, on -site relocation, or temporary relocation does not impact the character of the historic district. d. The demolition, partial demolition, off -site relocation, on -site relocation or temporary relocation is necessary for the redevelopment of the parcel. e. The redevelopment or new development is reviewed by the Historic Preservation Commission pursuant to Section 26.415.010. 11. Exemption for structures which do not contribute to the historic significance of an inventoried parcel. A structure which does not contribute to the historic significance of an inventoried parcel is exempt from meeting the standards of Section 26.415.020(D), off -site relocation and Section 26.415.020(F), temporary relocation. 12. Suspension of demolition, partial demolition, or relocation. The Historic Preservation Commission shall be authorized to suspend action on demolition, partial demolition, off -site relocation, or on -site relocation applications when it finds that it needs additional information to determine whether the application meets the standards of Section 26.415.020 or that the proposal is a matter of such great public concern to the City that alternatives to the demolition, partial demolition, off -site relocation or on -site relocation must be studied jointly by the City and the owner. Alternatives which the Historic Preservation Commission may consider shall include, but not be limited to, finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or revision to the demolition, partial demolition, off -site relocation or on -site relocation and development plan. The Historic Preservation Commission shall be required to specify the additional information it requires or the alternatives it finds should be studied when it suspends action on the demolition, partial demolition, off -site relocation, or on -site relocation application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the Community Development Director, but in no case shall suspension be for a period to exceed six (6) months. 13. Penalties. Any person violating the provisions of this Section 26.415.010 shall be subject to the general penalty provisions of this Title, and, in addition, the Historic City of Aspen Land Use Code Page - 98 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 Preservation Commission, following notice and hearing, shall prohibit the owner, successor, or assigns from obtaining a building permit for the affected property for a period of five (5) years from the date of such violation. The City shall initiate proceedings to place a deed restriction on the property to this effect to insure the enforcement of this penalty. F. Insubstantial amendment of development order. 1. Insubstantial amendment. An insubstantial amendment to an approved development order may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably have been anticipated during the approval process. An insubstantial amendment shall be defined as a change in shape or location of a single window, awning, door, staircase or other feature on the structure or use of a material made by a different manufacturer that has the same quality and approximately the same appearance as originally approved. 2. Other amendments. All other amendments shall be approved by the Historic Preservation Commission pursuant to Section 26.415.010 or 26.415.020, whichever is applicable G. Notice to City Council. Following the adoption of a resolution approving, or approving with conditions, a development application for significant development, partial demolition, demolition, off - site relocation, on -site relocation, or temporary relocation, the Historic Preservation commission shall promptly notify the City Council of its action to allow the City Council an opportunity to avail itself of the call-up procedure set forth at Section 26.515.060 below. 26.415.020 Variances. The Historic Preservation Commission or Community Development Director may notify the Board of Adjustment or the Planning and Zoning Commission, if an application for a variance will be reviewed by P & Z or that a development application may affect property within the "H", Historic Overlay District or an historic landmark. The Board of Adjustment or the Planning and Zoning Commission shall not take any action on said development application for a variance pursuant to Chapter 26.314, without receiving a written recommendation from the Historic Preservation Commission. 26.415.030 Minimum maintenance requirements. A. Purpose. The intent of this Section is to reduce the incidence of "demolition by neglect." B. Requirements. All buildings and structures identified in the inventory of historic sites and structures as described in Section 26.420.090, and all structures located within an historic district, shall be maintained to meet the requirements of the Uniform Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said structures shall City of Aspen Land Use Code Page - 99 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use in compliance with the terms of this Chapter. Every owner or his/her designated agent for the building or structure shall keep in good repair: 1. All of the exterior portions of such improvements. 2. All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. C. HPC petition. On its own initiative, the historic preservation commission may file a petition with the chief building official requesting that said official proceed under the provisions of this Section to require correction of defects or repairs to any structure covered by this Chapter so that such structure shall be preserved and protected in consonance with the purpose of this Chapter. D. Demonstration of hardship. 1. Any owner of a structure identified in the inventory of historic sites and structures, which the Historic Preservation Commission and the Chief Building Official finds requires such maintenance and repairs as described in this Section, may make a one-time only application requesting from the City Council a no interest loan, in an amount not to exceed ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the City within ten (10) years or when the property is sold or when the Title is transferred, whichever is the soonest. Following a written request by the owner and for good cause shown., an extension of the payment period may be granted by the City Council. 2. To be eligible for the loan, the owner shall submit a written request to the Community Development Director, which shall include a description of the proposed repairs necessary to maintain the historic structure and approximate costs for such repairs. The loan request shall also demonstrate economic hardship which previously prohibited these repairs and that the loan amount is the minimum necessary to maintained the structure. 3. The loan request shall be considered by the City Council. Any loan granted by the council shall be administered through the Community Development Director, who shall obtain copies of bills from the owner substantiating all expenditures made to maintain the structure with monies obtained from the loan. D. Penalties waived. The general penalties for violations of the Aspen Municipal Code contained in Chapter 1.04 shall not apply to violations of these minimum maintenance requirements. City of Aspen Land Use Code Page - 100 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 26.415.040 Appeal and call up. A. Appeals or call-up. Any action by the Historic Preservation Commission in approving, approving with conditions, or disapproving a development order or suspending action on a demolition, partial demolition, off -site relocation, or on -site relocation application or in rating a structure on the inventory of historic sites and structures may be appealed to the City Council by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth at Chapter 26.316. In addition, the City Council may order a call-up of any action taken by the Historic Preservation Commission within 30 days of the decision, action, or determination being called -up. B. City council action on appeal or call-up. The City Council shall consider the application on the record established before the Historic Preservation Commission. The City Council shall affirm the decision of the Historic Preservation Commission unless the City Council shall determine that there was an abuse of discretion, or a denial of due process by the Historic Preservation Commission. Upon determining that there was an abuse of discretion or denial of due process, the City Council shall be authorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition, partial demolition, off -site relocation, or on -site relocation application has been suspended or the terms of the suspension, or remanding the application to Historic Preservation Commission for rehearing. City of Aspen Land Use Code Page - 101 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.010 Chapter 26.420 HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS Sections: 26.420.010 Standards for designation. 26.420.020 Procedure for designation, amendment, rescinding. 26.420.030 Application. 26.420.040 Recordation of designation. 26.420.050 Placement on city's official zone district map. 26.420.060 Rescinding designation. 26.420.070 Establishment of district. 26.420.080 Establishment of inventory of historic sites and structures. 26.420.090 Development approval for historic landmark. 26.420.010 Standards for designation. Any structure or site that meets two (2) or more of the following standards may be designated as "H," Historic Overlay District, and/or historic landmark. If is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. B. Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. D. Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. City of Aspen Land Use Code Page - 102 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.070 26.420.020 Procedure for designation, amendment, rescinding. A development application for a proposed designation, amendment to a designation, or rescinding of a designation in an "H," Historic Overlay District, and/or for an historic landmark shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Development Director, by the Historic Preservation Commission, and by the Planning and Zoning Commission at a public hearing, and then shall be approved, approved with conditions, or disapproved at a public hearing by the City Council in accordance with the procedures established in Common Development Review Procedures set forth at Chapter 26.304. 26.420.030 Application. The application for historic designation shall include the following: A. The general application information required in Section 26.304.030, and B. A boundary description of the site. C. If the applicant intends to request a grant from City Council and provided the program has been funded in the City of Aspen's annual budget, a letter making the request shall be submitted. Any residential structure that is designated as a historic landmark after January 1, 1995, is eligible on a one time basis to receive a grant. 26.420.040 Recordation of designation. Upon the effective date of an ordinance by City Council designating an "H," Historic Overlay District, or historic landmark, the City Clerk shall record with the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance creating the. "H," Historic Overlay District, or historic landmark. The ordinance shall contain a legal description of the structure or site designated. 26.420.050 Placement on city's official zone district map. Upon the effective date of an ordinance by the City Council designating an "H," Historic Overlay District, or historic landmark, the Community Development Director shall place the "H," Historic Overlay District, designation on the city's official zone district map, which is maintained in the Community Development Department. 26.420.060 Rescinding designation. An application for rescinding a designation shall follow the same submission requirements and review procedures as for designation described in this Chapter except that with respect to Section 26.420.040(C), an explanation shall be included describing why the designated site or structure is not consistent with the standards in this Chapter. 26.420.070 Establishment of district. There are two (2) existing "H," Historic Overlay Districts, in the city. These districts are the Commercial Core District and the Main Street District. In all cases when districts are discussed in this Title, these two (2) districts are the only districts to which reference is being made. City of Aspen Land Use Code Page - 103 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.070 26.420.080 Establishment of inventory of historic sites and structures. A. Purpose and Intent. Fifty (50) years old is generally the age when a property may begin to be considered historically significant. Aspen's ski history and modernist tradition are very important parts of our local history and significant resources from these .periods must be addressed or they are likely to be lost. It is not the intention of the Historic Preservation Commission to include insignificant structures or sites on the inventory. The Historic Preservation Commission will focus on those resources which are unique or have some special value to the community. B. Establishment of inventory. There is hereby established an "inventory of historic sites and structures" in the City of Aspen. The inventory shall be maintained in the office of the community development department for inspection by the general public during regular business hours. The inventory of historic sites and structures shall include all structures in the City of Aspen which are at least fifty (50) years old and which continue to have historic value and such other structures identified by the Historic Preservation Commission as being outstanding examples of more modern architecture. Historic sites are land parcels which may or may not have structures on them, but which primarily have significance as parks, cemeteries, archaeological resources, or similar types of landscapes. Archaeological resources are sites which include material remains, both above and below ground, of prehistoric or historic human activity. All properties included on the inventory will be adopted by legal description, and the Historic Preservation Commission will have the appropriate review authority over the entire property. When an application is made for a lot split on an inventoried parcel, HPC shall review the application in terms of impacts on the significance of the historic resource and shall forward any appropriate conditions of approval or a recommendation for denial to the Planning and Zoning Commission and City Council. C. Periodic evaluation of inventory. The Historic Preservation Commission, based on the recommendations of the Community Development Director, shall have the responsibility of evaluating the inventory of historic structures at least once every five (5) years and of holding a public hearing to solicit comments on its evaluations. The purpose of the evaluation shall be to determine those structures which are to be removed from the inventory, any structures which should be added to the inventory, and to rate all structures which remain on the inventory. D. Process. The Historic Preservation Commission evaluation process shall proceed as follows: The structures on the inventory shall be categorized as to whether or not they are historic landmarks. No further action need be taken with respect to designated historic landmarks. All structures which are not historic landmarks shall be evaluated by the Historic Preservation Commission regarding their current architectural integrity, historic significance, and community and neighborhood influence and shall be categorized accordingly as follows: City of Aspen Land Use Code Page - 104 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.070 1. Significant. All those resources which are considered exceptional, excellent, or those resources individually eligible for listing on the National Register of Historic Places. All structures or sites within the City of Aspen, which are listed on or eligible for listing on the National Register of Historic Places shall be reviewed according to the "Secretary of the Interior's Standards for Rehabilitation" in addition to the review standards of this Chapter. The "Secretary of the Interior's Standards for Rehabilitation" are as follows: a. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use the property for its originally intended purpose. b. The distinguishing original qualities or character of a building, structure, site or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. C. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. d. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. f. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. g. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. h. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, City of Aspen Land Use Code Page - 105 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.420.070 architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. j. Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. 2. Contributing. All those historic or architecturally significant resources that do not meet the criteria for "significant;" provided, however, these resources have maintained their historic integrity or represent unique architectural design. 3. Supporting. All those historic resources that have lost their original integrity, but are "retrievable" as historic structures or sites. These structures have received substantial alterations over the years but with substantial effort could be considered "contributing" once again. 4. Non -Contributing. All those structures that are either: a. New or non -historic construction within a historic district, and b. Historic structures with complete loss of integrity, either within or outside a historic district. 26.420.090 Development approval for historic landmark. Whenever development approval is conditioned upon a structure receiving "historic landmark designation, such condition shall be deemed satisfied only if the particular structure has received individual designation in accordance with this Chapter. Inclusion of the structure within an "H," historic overlay district, shall not be sufficient to satisfy the requirement of historic designation. No final development approval conditioned upon receipt of an historic landmark designation shall be granted until the designation ordinance is adopted by City Council. City of Aspen Land Use Code Page - 106 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.430.070 Chapter 26.425 CONDITIONAL USES Sections: 26.425.010 Purpose. 26.425.020 Authority. 26.425.030 Authorized conditional uses. 26.425.040 Standards applicable to all conditional uses. 26.425.050 Procedure for review. 26.425.060 Application. 26.425.080 Amendment of development. order. 26.425.010 Purpose. Conditional uses are those land uses which are generally compatible with the other permitted - uses in a zone district, but which require individual review of their location, design, configuration, intensity and density in order to ensure the appropriateness of the land use in the zone district. 26.425.020 Authority. The Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for a conditional use, after recommendation by the Community Development Director. 26.425.030 Authorized conditional uses. Only those uses which are authorized as a conditional use for each zone district in Chapter 26.710, may be approved as a conditional use. The designation of a land use as a conditional use in a zone district does not constitute an authorization of such land use or act as an assurance that such land use will be approved as a conditional use; rather, each proposed conditional use shall be evaluated by the Planning and Zoning Commission for compliance with the standards and conditions set forth in this Chapter. 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the City of Aspen Land Use Code Page - 107 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.430.070 mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the 'incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Community Plan and by all other applicable requirements of this Title. The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the duration of conditional use approval. 26.425.060 Application. The development application for a conditional use shall include the following. A. The general application information required in Section 26.304.030; B. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and C. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. 26.425.050 Procedure for review. A. General. -An application for review of a conditional use shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. City of Aspen Land Use Code Page - 108 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.430.070 B. Steps required: One - A public hearing before the Planning and Zoning Commission. Following the public hearing, the Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny the application. C. Notice requirements: Mailing and posting (See Section 26.304.060(E)(3)(b) & (c)). 26.425.080 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a conditional use may be authorized by the Community Development Director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the structure; and 5. The change will not substantially alter the external visual appearance of the building or its site. B. Other amendments. All other amendments shall be approved by the Planning and Zoning Commission in accordance with the provisions of this Chapter. City of Aspen Land Use Code Page - 109 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.435.020 Sections: 26.430.010 26.430.020 26.430.030 26.430.040 26.430.050 26.430.060 26.430.070 26.430.080 26.430.090 Chapter 26.430 SPECIAL REVIEW Purpose. Authority. Applicability. Review standards for special review. Procedure for special review approval. Application. Conditions. Modification of requirements. Amendment of development order. 26.430.010 Purpose. The purpose of special review is to ensure site specific review of certain dimensional requirements, mitigation requirements, encroachments, or subdivision standards, which are specifically authorized to be altered or amended by specific provisions of this Title in order to maintain the integrity of the city's zone districts and the compatibility of the proposed development with surrounding land uses. 26.430.020 Authority. Except as provided below, the Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for special review, after recommendation by the Community Development Department. The City Council shall by resolution approve, approve with conditions, or disapprove a development application for special review involving any development within the Lodge Preservation (LP) Overlay Zone District. 26.430.030 Applicability. Special review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: * Dimensional requirements (Chapter 26.710 - Zone Districts), * Reduction of open space requirements in CC zone district (Section 26.575.030(B)), * Off-street parking requirements (Section 26.515.040), * Reductions in the dimensions of utility/trash service areas (Section 26.575.060), * Encroachments of set back in Hallam Lake Bluff ESA (Chapter 26.435), and * Subdivision standards (Section 26.480.050). City of Aspen Land Use Code Page - l 10 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.435.020 26.430.040 Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the development are subject to special review, approved if the following conditions are met: dimensional requirements of a proposed the development application shall only be 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts including, but not limited to, the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. B. Reduction of open space requirement in CC or LP zone districts. Whenever a special review is conducted to determine whether a reduction of the open space requirement in a CC or LP zone district is to be granted, it shall be reviewed in accordance with the standards set forth at Section 26.575.030(B). C. Increase of floor area permitted in RIMF zone district. Increases in external floor area shall only be permitted on sites subject to the requirements of Chapter 26.530, Resident Multi -Family Replacement Program. To obtain the increase, the applicant shall demonstrate a minimum of two-thirds (2/3) of the additional floor area allowed is used to increase the size of the affordable housing units beyond the minimum size standards of the City's housing designee and the development complies with the dimensional requirements of Section 26.430.040(A)(1) and (2) above. D. Off-street parking requirements. Whenever a special review is conducted to determine a change in the off-street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. E. Utility/trash service area. Whenever a special review is conducted to determine a change in any utility/trash service area requirements, it shall be considered in accordance with the standards set forth at Section 26.575.060. F. Hallam Lake Bluff ESA set back encroachments. Whenever a special review is conducted to determine a change in the fifteen -foot setback from top of slope or height limit, it shall be considered in accordance with the standards set forth at Section 26.435.060. City of Aspen Land Use Code Page - 111 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.435.020 G. Subdivision design standards. Whenever a special review is for development which does not meet the subdivision design standards of Section 26.480.050, the development shall be approved only if the conditions set forth at Section 26.480.050 have been met. 26.430.050 Procedure for special review approval. A. General. An application for review of a special review shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. B. Steps Required. One - Public hearing before Planning and Zoning Commission if the proposed development is not within the Lodge Preservation (LP) Overlay Zone District. Two — Public hearing before Planning and Zoning Commission and a hearing before the City Council if the proposed project is within the Lodge Preservation (LP) Overlay Zone District. C. Notice Requirements: None. 26.430.060 Application. The development application for special review shall include the following: A. The general application information required under Section 26.304.030. B. A sketch plan showing the configuration of the development on the lot and those features of the site which are relevant to the special review application. C. An analysis of the characteristics of 'similarly situated properties in the same zone district and of neighboring parcels with respect to whether these properties comply with the dimensional, off-street parking or trash/utility service area requirement which is subject to special review. 26.430.070 Conditions. The Community Development Department Director may recommend, and the Planning and Zoning Commission (or the City Council if the project is within a Lodge Preservation (LP) Overlay Zone District) may impose, such conditions that are necessary to ensure a proposed development subject to special review complies with the purposes of the Aspen Area Community Plan, this Title, including conditions to ensure the integrity of the City's zone districts are maintained, and the proposed use is compatible with surrounding land uses. This includes but is not limited to imposing conditions on size, bulk, location, open space, landscaping, lighting, signage, off-street parking, and other design features. 26.430.080 Modification of requirements. If. the dimensional requirements, off-street parking, signage, or reduction in access to utility/trash service areas for a proposed development are expressly modified by a valid conditional use or. other valid development permit or approval, the proposed development must comply with such modified requirements. City of Aspen Land Use Code Page - 112 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.435.020 26.430.090 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for special review may be authorized by the Community Development Department Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall include a change to the design of approved off-street parking or to the configuration of a trash/utility service area. An insubstantial amendment shall not include: 1. Any increase in a dimensional requirement established by special review. 2. Any decrease in the number of off-street parking spaces established by special review. 3. Any decrease in the size of a utility/trash service area established by special review. 4. Elimination of any represented feature, such as provision of a trash compactor or the number of trash bins, which was approved by special review. B. Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of this Chapter. City of Aspen Land Use Code Page - 113 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.435.020 Chapter 26.435 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA) Sections: 26.435.010 Purpose. 26.435.020 Authority. 26.435.030 8040 greenline review. 26.435.040 Stream margin. 26.435.050 Mountain view plane review. 26.435.060 Hallam Lake Bluff review. 26.435.070 Procedure for approval of development in ESA. 26.435.080 Application. 26.435.090 Conditions. 26.435.010 Purpose. Certain land areas within the city are of particular ecological, environmental, architectural or scenic significance and all development within such areas shall be subject to special review procedures and standards as set forth in this Chapter and Chapter 26.430 (Special Review). These areas shall be known as Environmentally Sensitive Areas (ESA) and shall include the following: A. 8040 Greenline. Areas located at or above 8040 feet mean sea level (the 8040 Greenline) and including that area extending one hundred fifty (150) feet below, measured horizontally, the 8040 Greenline. Development in these areas shall be subject to heightened review so as to reduce impacts on the natural watershed and surface runoff, minimize air pollution, reduce the potential for avalanche, unstable slope, rock fall and mud slide, and aid in the transition of agricultural and forestry land uses to urban uses. Review shall further ensure the availability of utilities and access to any development and that disturbance to existing terrain and natural land features be kept to a minimum. B. Sh•eam margins. Areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one - hundred -year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these areas shall be subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important natural features. C. Mountain view planes. Development within designated mountain view planes as set forth in Section 26.435.050 shall be subject to heightened review so as to protect mountain views from obstruction, strengthen the environmental and aesthetic character of the city, City of Aspen Land Use Code Page - 114 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 maintain property values, and enhance the city's tourist industry by maintaining the city's heritage as a mountain community. D. Hallam Lake Buff. That bluff area running approximately on a north -south axis bordering and/or overlooking the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850-foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centerline of West Francis Street. Development in this area shall be subject to heightened review so as to reduce noise and visual impacts on the nature preserve, protect against slope erosion and landslide, minimize impacts on surface runoff, maintain views to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve. Note: All elevations used in this Section are based on the U.S. Coast and Geologic Survey (USC & GS) benchmark located in the southwesterly corner of the Pitkin County Court House foundation at an elevation of 7,906.80 feet above mean sea level. 26.435.020 Authority. Following the receipt of a recommendation from the Community Development Department, the Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive area (ESA). The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter, shall approve, approve with conditions, or disapprove a development application for exempt development in an environmentally sensitive area (ESA). 26.435.030 8040 Greenline review. A. Applicability. The provisions of 8040 greenline review shall apply to all development located at or above 8040 feet above mean sea level (the 8040 greenline) in the City of Aspen, and all development within one hundred fifty (150) feet below the 8040 greenline, unless exempted pursuant to Section 26.435.030 (B). B. Exemption. The Community Development Director may exempt the expansion, remodeling or reconstruction of an existing 8040 greenline development if the following standards are met: 1. The development does not add- more than ten (10) percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five (25) percent; and City of Aspen Laid Use Code Page - 115 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 4. All exemptions are cumulative. Once a development reaches the totals specified in Section 26.435.030(B)(1), an 8040 greenline review must be obtained pursuant to Section 26.435.030(C). C. 8040 greenline review standards. No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the city. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects oh water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the city. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. 8. Sufficient water pressure and other utilities are available to service the proposed development. City of Aspen Land Use Code Page - 116 Revised 01/O1/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. 11. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical. 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Margin Review Standards. 2. Contruction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Margin Review Standards. 3. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a) The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, b) The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. City of Aspen Land Use Code Page - 117 Revised 0 1/0 1/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 c) The development is located such that no portion of the .expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; d) The development does not fall outside of an approved building envelope if one has been designated through a prior review; and e) The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the Flood Hazard Area. f) All exemptions are cumulative. Once a development reaches the totals specified in sub -section (a) above, a stream margin review must be obtained pursuant to this Section. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and, 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; and 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and City of Aspen Land Use Code Page - 118 Revised O1/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 7. Copies are provided of all necessary federal and state permits relating to work within the one -hundred -year floodplain; and 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. (See Figure "A" below for illustrative purposes); and 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 (See Figure "A" below for illustrative purposes); and 10. A landscape plan is submitted with all development applications. Such plan shall limit new plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side to native riparian vegetation; and 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; and 12. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; and 13. There has been accurate identification of wetlands and riparian zones. Development allowed within progressive height limit n �k ?-di.�..��=�.•1!-�.:i'•.�f•a'4`.�Fk'-'�=. :1.-��1:_ a�f.�4 :��•.'�e3=y��--.74.�:.+-•.-�f F"���i�:R�-.•/,�.,3&���i�^ ��tfrFi41]•. City of Aspen Land Use Code Page - 119 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 26.435.050 Mountain view plane review. A. Applicability. The provisions of mountai n 1. Glory Hole Park View Plane. There is hereby established a view plane originating from Glory Hole Park above which plane no land use or building shall project. The reference point bears N. 19' 06' 00" W. a distance of 919.85 feet from Corner 1 of the Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N. 55' 04' 05" E. a distance of 73.00 feet from the reference point. Elevation is 7,947.55* 1 feet above sea level. The view plane consists of two (2) spatial components more particularly described as follows: a. All that space which is within the projection of a sector of 9° 54' 00" described by two (2) radial lines which bears S. 44' 49' 55" E. and S. 34' 55' 55" E. respectively from the reference point, and which is also above the view plane which passes through the reference base line at the inclination of 3° 30' above horizontal. b. All that area within the projection of the following described perimeter and which is also above the view plane which passes through the reference base line at an inclination of 30 30' above horizontal. The perimeter is more fully described as follows: Beginning at the reference point, thence N. 55' 04' 05" E. a distance of 73.00 feet along the reference base line; thence S. 34' 55' 55" E. a distance of 418.27 feet to a point on the northerly radial line of the view sector; thence N. 44' 49' 55" W. along said radial line a distance of 424.59 feet to the reference point. 2. Wagner Park View Plane. There is hereby established a view plane originating in the north central part of Wagner Park above which plane no land use or building shall project. The reference point bears N. 58' 03' 11" E. 198.65 feet from the northwesterly corner of Block 83, Original Aspen Townsite; elevation of the reference point is 7,919.73 feet above mean sea level. The view plane consists of a sector component more particularly described as follows: All that space which is within the projection of a sector of 90 46' 18" described by two (2) radial lines which bear S. 360 05' 49" E. and S. 45' 52' 07" E. respectively from the reference point and above a plane which passes through the reference point at an inclination of 3° 39' 10" above the horizontal. 3. Cooper Avenue View Plane. There is hereby established a view plane originating on the northerly side of Cooper Avenue easterly of Galena Street above which plane no land use or building shall project. The reference point bears N. 75' 41' 52" E. 147.78 feet from the northwesterly property corner of Block 96, Original Aspen Townsite, an aluminum cap located in the sidewalk. Elevation of the reference point is 7,926.75 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 48' 00' 00" described by two (2) radial lines which bear S. 11 ° 41' 08" E. and S. 36' 18' S2" W. City of Aspen Land Use Code Page - 120 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 respectively from the reference point, and above a plane which passes through the reference point at an inclination of 6° 20' 05" above the horizontal. 4. Court House View Plane. There are hereby established two (2) view planes originating from the sidewalk on the northerly side of Main Street easterly of Galena Street above which planes no land use or building shall project. a. View Plane Number One. The reference point bears S. 79' 43' 29" E. 69.00 feet from the southwesterly property corner of Block 92, Original Aspen Townsite; a plastic survey Cap. Elevation of the reference point is 7,912.32 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 27' 58' 40" described by two (2) radial lines which bear S. 16' 59' 48" E. and S. 10' 58' 52" W. respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4° 25' above the horizontal. b. View Plane Number Two. The reference point bears S. 74' 14' 26" E. 131.46 feet from the southwesterly property corner of Block 92, Original Aspen Townsite. Elevation of the reference point is 7,913.02 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of a sector of 26' 04' 38" described by two (2) radial lines which bear S. 03' 26' E. and S. 22' 28' 12" W. respectively from the reference point, and above a plane which passes through the reference point at an inclination of 4° 58' 20" above the horizontal. 5. Wheeler Opera House View Plane. There is hereby established a view plane originating from the Wheeler Opera House westerly of Mill Street above which plane no land use or building shall project. The easterly end point of the base line for the view plane bears S. 370 32' 12" E. 8.06 feet from the southeasterly property corner of Block 81, Original Aspen Townsite. The reference base line bears N. 740 30' 11" W. a distance of 140.45 feet from the easterly end point of the base line for the view plane at an elevation of 7,916.18 feet above mean sea level. The view plane consists of spatial components more particularly described as follows: All that space which is within the projection of radial lines from the easterly and westerly terminus of the base line which bear S. 30' 4l' 11" E. and S. 66' 08' 59" W. respectively and which is above a plane which passes through the reference point at an inclination of 2° 50' 3 8 " above horizontal. 6. Main Street View Plane. There is hereby established a view plane originating from Main Street above which plane no land use or building shall project. The reference point bears N. 780 22' 29" W. 92.35 feet from the southeasterly property corner of Block 79, Original Aspen Townsite. The reference base line bears N. 75' 09' 11" W. 51.40 feet from the reference point. Elevation of the reference point and reference base line is 7,906.90 feet above mean sea level. The view plane is more particularly described as follows: All that space which is within the projection of two (2) radial lines which bear S. 29' 10' 06" E. from the reference point, and S. 80' 29' 29" W. from the westerly City of Aspen Land Use Code Page - 121 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 terminus of the reference base line, and which is also above a plane which passes through the reference base line at an angle of inclination of 6° 29' 20" above horizontal. B. Exemption. The Community Development Director may exempt the addition of mechanical equipment to an existing development which protrudes into the view plane only if such development has an insignificant effect upon the designated view plane. The addition of a satellite dish, elevator shaft, or any other piece of equipment whose height and mass have a significant effect upon the designated view plane shall be reviewed pursuant to the standards of Section 26.435.050(C). C. Mountain view plane review standards. No development shall be permitted within a mountain view lane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided in Section 26.435.050(C)(2). When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this title, development shall proceed according to the provisions of Chapter 26.445 as a planned unit development, so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limitations. The Planning and Zoning Commission may exempt any developer from the above enumerated requirements whenever it is determined that the view plane does not so effect the parcel as to require application of PUD or that the effects of the view plane may be otherwise accommodated. 2. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the adjacent structure will occur to re -open the view plane. In the event the proposed development does not further infringe upon the view plane, and re -redevelopment to re- open the view plane cannot be anticipated, the Planning and Zoning Commission shall approve the development. 26.435.060 Hallam Lake Bluff review. A. Applicability. All development in that bluff area running approximately on a north -south axis bordering and/or overlooking the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850-foot mean sea level elevation line and extending one hundred (100) feet, measured horizontally, up slope and there terminating, City of Aspen Land Use Code Page - 122 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centerline of West Francis Street, shall be subject to the review standards as set forth in this Section. B. Exemption. The Community Development Director may exempt the following types of development within the Hallam Lake Bluff Review area: 1. Construction of public trails or improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Hallam Lake Bluff Review Standards. 2. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a) The proposed development is thirty (30) feet or further from the top -of -slope and not exceeding the progressive height limit delineated by a line drawn at a forty-five (45) degree angle from ground level at the top -of -slope; or, b) the development is obscured from the rear slope by other structures as determined by a site section provided pursuant to review standard (C)(7). C. Hadam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Planning and Zoning Commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. 2. All development within the fifteen -foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen -foot setback shall not be approved unless the Planning and Zoning Commission determines that the following conditions can be met: a. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. b. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. C. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. City of Aspen Land Use Code Page - 123 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 d. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. 3. All development outside the fifteen -foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top -of -slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and the method of calculating height set forth at Section 26.575.020. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 26.435.070 Procedure for approval of development in ESA. A. General. An application for review of development in an environmentally sensitive area shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304. B. Steps Required. One - Public hearing before Planning and Zoning Commission C. Notice Requirements: None. 26.435.080 Application. The development application for development in an environmentally sensitive area (ESA) shall include the following: A. The general application information required in Section 26.304.030. City of Aspen Land Use Code Page - 124 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 B. A plan of the proposed development, which shall depict at a minimum the following information: 1. The boundary of the property for which development is requested. 2. Existing and proposed improvements. 3. Significant natural features, including natural hazards and trees. C. In addition to these minimum plan contents, the development plan submitted for development in each type of ESA shall also include the following: 1. For development subject to 8040 greenline review, the plan shall depict: a. Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. b. Proposed elevations of the development. C. A description of proposed construction techniques to be used. 2. For development subject to stream margin review, the plan shall depict: a. The 100-year floodplain line and the high water line. b. Existing and proposed grades at two -foot contours, with five-foot intervals for grades over ten (10) percent. C. When development is proposed in a special flood hazard area: Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. d. A description of proposed construction techniques to be used. 3. For development subject to mountain view plane, the plan shall depict: a. Proposed elevations of the development, including any rooftop equipment and how it will be screened. City of Aspen Land Use Code Page - 125 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 b. Photographs shall be submitted by the applicant which show the present improvements which protrude into or are in the vicinity of the view plane. The applicant shall graphically represent on the photographs how the proposed improvements will appear in relation to existing improvements and views 26.435.090 Conditions. The Community Development Director may recommend and the Planning and Zoning Commission may impose conditions to its approval of development in an environmentally sensitive area (ESA), which includes but is not limited to means for: A. Minimizing any adverse impact of the proposed development upon lands, including the use and operation and the type and intensity of activities which may be conducted; B. Controlling the sequence or timing of proposed development, including when it must be commenced and completed; C. Controlling the duration of use of development and the time within which any structures must be removed; D. Assuring that development is maintained properly in the future; or E. Establishing a more detailed record by submission of drawings, maps, plats or specifications. City of Aspen Land Use Code Page - 126 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.030 Chapter 26.440 SPECIALLY PLANNED AREA (SPA) Sections: 26.440.010 Purpose. 26.440.020 Applicability. 26.440.030 Designation of Specially Planned Area (SPA). 26.440.040 Procedures for review. 26.440.050 Review standards for development in a Specially Planned Area. 26.440.060 Application. 26.440.070 SPA agreement and recordation. 26.440.080 Amendment to development order. 26.440.010 Purpose. The purpose of a Specially Planned Area (SPA) is to: A. Provide design flexibility for land which requires innovative consideration in those circumstances where traditional zoning techniques do not adequately address its historic significance, natural features, unique physical character, or location, and where potential exists for community benefit from comprehensive development. B. Allow the development of mixed land uses through the encouragement of innovative design practices which permit variations from standard zone district land uses and dimensional requirements. C. Establish a procedure by which land upon which multiple uses exist, or are considered appropriate, can be planned and redeveloped in a way that provides for the greatest public benefit. 26.440.020 Applicability. Before any development shall occur on land designated Specially Planned Area (SPA) on the official zone district map, or before development can occur as a Specially Planned Area (SPA), it shall comply with the requirements of this Chapter. 26.440.030 Designation of Specially Planned Area (SPA). A. Standards for designation. Any land in the City may be designated Specially Planned Area (SPA) by the City Council if, because of its unique historic, natural, physical, or locational characteristics, it would be of great public benefit to the City for that land to be allowed City of Aspen Land Use Code Page - 127 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 design flexibility and to be planned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's official zone district map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. B. Procedure for designation, amendment, rescinding. Any parcel that meets the standards established in Section 26.440.030(A) may be designated Specially Planned Area (SPA) pursuant to review and recommendation by the Planning and Zoning Commission and approval by the City Council pursuant to the procedures established in this Chapter. The boundaries of a parcel previously designated Specially Planned Area (SPA) may be amended following the same procedures used in designating a parcel Specially Planned Area (SPA). The removal of a Specially Planned Area (SPA) designation from a parcel shall follow the same procedures used in designating the parcel Specially Planned Area (SPA), but shall require demonstration of why the land no longer meets the standards established in Section 26.440.030(A). 26.440.040 Procedures for Review. A. General. Any development within a Specially Planned Area (SPA) shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. Unless the Community Development Director determines that the application should consolidate conceptual and final review in accordance with subsection B, below, the procedure requires review and approval of a conceptual development plan and final development plan by the Planning and Zoning Commission and City Council. A development application for Specially Planned Area (SPA) designation shall be received and considered concurrently with a development application for a conceptual development plan. B. Consolidated review. 1. Conceptual and final development plan. An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed Specially Planned Area in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director shall consider whether the full four step review would be redundant and serve no public purpose and inform the applicant during the pre -application stage whether consolidation will be permitted. An application which is determined to be eligible for consolidation shall be processed pursuant to the terms and procedures of final development plan review. The Planning and Zoning Commission or the City Council may, during review, determine that the application should be subject to City of Aspen Land Use Code Page - 128 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 both conceptual and final plan review, in which case consolidated review shall not occur. 2. Other development review applications. An applicant may request and the Community Development Director may determine that an application for development within a Specially Planned Area (SPA) may be consolidated at the third step with a development application for conditional use, special review, ESA review, subdivision review, text amendment, rezoning, and/or for certain GMQS exemptions. However, if the applicant requests consideration of a code text amendment or rezoning, these applications may be considered at the conceptual steps, subject to final review at steps three and four. C. Steps Required: Unless consolidated in accordance with subsection B above, four steps are required for the review and approval of an application for development within a Specially Planned Area (SPA): 1. Step One - Hearing before the Planning and Zoning Commission. a. Purpose: To determine if application meets standards for SPA. b. Notice requirements: None. C. Standards of review: Section 26.440.030(A) for SPA designation, Section 26.440.050 for review of development within SPA. d. P&Z action: Resolution approving, approving with conditions, or. disapproving conceptual development plan for SPA. 2. Step Two - Public Hearing before City Council a. Purpose: To review recommendations of Planning and Zoning Commission and to determine if the application meets the standards for conceptual review of an SPA. b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (0.) c. Standards of review: Section 26.440.030(A) for SPA designation, Section 26.440.050 for review of development within SPA. d. City Council action: Resolution approving, approving with conditions, or disapproving conceptual plan for SPA. 3. Step Three - Public Hearing before the Planning and Zoning Commission. City of Aspen Land Use Code Page - 129 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 a. Purpose: To review application for final development plan to determine if it meets the standards for an SPA. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) C. Standards of review: Section 26.440.030(A) for SPA designation, Section 26.440.050 for review of development within SPA. d. P&Z action: Resolution recommending to the City Council approval, approval with conditions, or disapproval of the SPA. 4. Step Four - Public Hearing before the City Council. a. Purpose: To review recommendations by Planning and Zoning Commission and to determine if application for final development plan meets the standards for an SPA. b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (0.) C. Standards of review: Section 26.440.030(A) for SPA designation, Section 26.440.050 for review of development within SPA. d. City Council: Ordinance approving, approving with conditions, or disapproving the SPA. D. Limitations. A development application for a final development plan shall be submitted within two (2) years of the date of approval of a conceptual development plan. Unless an extension is granted by the City Council prior to expiration, failure to file such an application within this time period shall render null and void the approval of a conceptual development plan. Approval of a conceptual development plan shall not constitute final approval for development in a Specially Planned Area (SPA), or permission to proceed with development. Such approval shall only constitute authorization to proceed with a development application for a final development plan. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: City of Aspen Land Use Code Page - 130 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. 2. Whether sufficient public facilities and roads exist to service the proposed development. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B)(2). 8. Whether there are sufficient GMQS allotments for the proposed development. The burden shall rest upon an applicant to demonstrate the general reasonableness and suitability of the proposed development, and its conformity to the standards and procedures of this Chapter and Section; provided, however, that in the review of the conceptual development plan, consideration will be given only to the general concept for the development, while during the review of the final development plan, detailed evaluation of the specific aspects of the development will be accomplished. B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses, and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. City of Aspen band Use Code Page - 131 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 26.440.060 Application. A. Conceptual development plan. 1. Contents ot application. The contents of the development application for a conceptual development plan shall include the following: a. The general application information required in Common Development Review Procedures set forth at Chapter 26.304.030. b. A conceptual description of the proposed development. This shall include but not be limited to a statement of the intent of the proposed development and a conceptual description of proposed land uses, densities, design concepts, access ways, and a general time schedule for construction of the proposed development. C. A statement outlining in conceptual terms how the proposed development will be served with the appropriate public facilities and how assurances will be made that those public facilities are available to serve the proposed development. d. A conceptual site plan, illustrating: (1) Existing natural and manmade features. (2) General configuration of proposed land uses, access ways, and existing and proposed utilities. (3) Schematic drawings of proposed buildings, indicating general site design features and overall mass and height of proposed structures. B. Final development plan. 1. Contents of application. The contents of a development application for a final development plan shall include the following: a. The general application information required in Chapter 26.304. b. A precise plan of the proposed development including but not limited to proposed land uses, densities, landscaping, internal traffic circulation, and accessways. The precise plan shall be in sufficient detail to enable evaluation of the architectural, landscaping, and design features of the proposed development. It shall show the location and floor area of all existing and proposed buildings and other improvements including heights, dwelling unit types and nonresidential facilities. City of Aspen Land Use Code Page - 132 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 C. A statement specifying the underlying zone district on the parcel and, if variations are proposed, a statement of how the variations comply with the standards of Section 26.440.040(B). d. A statement outlining a development schedule specifying the date construction is proposed to be initiated and completed. e. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure that public facilities will be available to accommodate the proposed development. f. A statement of the reasonable conformance of the final development plan with the approval granted to the conceptual development plan and with the original intent of the City Council in designating the parcel Specially Planned Area (SPA). g. A plat which depicts the applicable information required by Section 26.480.060(A)(3). h. A proposed SPA agreement which conforms to Section 26.440.070 below. 26.440.070 SPA agreement and Recordation. A. SPA Agreement. Upon approval of a final development plan, the applicant and the City Council shall enter into an agreement binding the real property to any conditions placed on the development order approving the final development plan, and providing landscape and public facilities guarantees as specified in Section 26.480.070. B. Recordation of final development plan. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. Reconsideration of the final development plan and SPA agreement by the Planning and Zoning Commission and/or City Council may be required before its acceptance and recording. C. Recordation of designation. Upon the effective date of an act by the City Council designating a Specially Planned Area (SPA), the Community Development Director shall notify the City Clerk of the designation. The Clerk shall record among the real estate City of Aspen Land Use Code Page - 133 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 records of the Clerk and Recorder of Pitkin County, Colorado, a certified copy of the ordinance. The ordinance shall include a legal description of the property which is being designated Specially Planned Area (SPA). D. Placement on City's official zone district map. Upon the effective date of an act by the Cit;r Council designating a Specially Planned Area (SPA), the Community Development Director shall place the SPA designation and underlying zone district designation on the City's official zone district map. 26.440.090 Amendment to development order. A. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. 6. A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. B. All other modifications shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. If the proposed change is not City of Aspen land Use Code Page - 134 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.440.090 consistent with the approved final development plan, the amendment shall be subject to both conceptual and final development plan review and approval. C. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. City of Aspen Land Use Code Page - 135 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 Chapter 26.445 PLANNED UNIT DEVELOPMENT (PUD) Sections: 26.445.010 Purpose. 26.445.020 Applicability. 26.445.030 Procedures for Review. 26.445.040 Review Standards. 26.445.050 Application. 26.445.060 PUD agreement. 26.445.070 Notice of PUD designation. 26.445.080 Placement of PUD designation on official zone district map. 26.445.090 Recordation. 26.445.100 Amendment of PUD development order. 26.445.110 Enforcement of PUD development order. 26.445.010 Purpose. The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and innovation in the development of land which: A. Promotes greater variety in the type, design, and layout of buildings. B. Improves the design, character and quality of development. C. Promotes more efficient use of land, public facilities, and governmental services. D. Preserves open space to the greatest extent practicable. E. Achieves a compatibility of land uses. F. Provides procedures so that the type, design, and layout of development encourages the preservation of natural and scenic features. 26.445.020 Applicability. Before any development shall occur on land designated Planned Unit Development (PUD) on the official zone district map or before development can occur as a Planned Unit Development (PUD), it shall receive PUD approval pursuant to the terms of this Chapter, provided that in no event shall compliance with this Chapter be required for the construction of a single detached or duplex residential dwelling on a separate lot. All land with a Planned Unit Development (PUD) designation shall also be designated with an underlying zone district designation which is determined most appropriate for that land. A development application for a Planned Unit Development may be applied City of Aspen Land Use Code Page - 136 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 for by the property owners of any proposed development in the City of Aspen that is on a parcel of land greater than twenty-seven thousand (27,000) square feet. A Planned Unit Development (PUD) designation may be applied to land intended for residential, commercial, tourist or other development purposes. 26.445.030 Procedures for Review. A. General. Any development within a Planned Unit Development (PUD) shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. Unless the Community Development Director determines that the application should consolidate conceptual and final review in accordance with subsection B below, the procedure requires review and approval of a conceptual development plan and final development plan by the Planning and Zoning Commission and City Council. A development application for Planned Unit Development (PUD) designation shall be received and considered concurrently with a development application for a conceptual development plan. B. Consolidated review. 1. Conceptual and final development plan. An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed Planned Unit Development in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director shall consider whether the full four step review would be redundant and serve no public purpose and inform the applicant during the pre -application stage whether consolidation will be permitted. An application which is determined to be eligible for consolidation shall be processed pursuant to the terms and procedures of final development plan review. The Planning and Zoning Commission or the City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. 2. Other development review applications. An applicant may request and the Community Development Director may determine that an application for development within a Planned Unit Development may be consolidated at the third step with a development application for conditional use, special review, ESA review, subdivision review, text amendment, rezoning, and/or for certain GMQS exemptions. However, if the applicant requests consideration of code text amendment or rezoning, these applications may be considered at the conceptual steps, subject to final review at steps three and four. C. Steps Required: Unless consolidated in accordance with subsection B above, there are four steps required for the review of an application for development within a Planned Unit Development: City of Aspen Land Use Code Page - 137 Revised 01/01/99 Part 400 = Development Review Standards and Procedures Section 26.450.010 1. Step One - Hearing before the Planning and Zoning Commission. a. Purpose: To determine if application meets standards for PUD. b. Notice requirements: None. C. Standards of review: Section 26.445.040. d. P&Z action: Resolution approving, approving with conditions, or disapproving conceptual development plan for PUD. 2. Step Two - Public Hearing before City Council. a. Purpose: To review recommendations of Planning and Zoning Commission and to determine if the application meets the standards for conceptual review of an PUD. b. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)•) C. Standards of review: Section 26.445.040. d. City Council action: Resolution approving, approving with conditions, or disapproving conceptual plan for PUD. 3. Step Three - Public Hearing before the Planning and Zoning Commission. a. Purpose: To review application for final development plan to determine if it meets the standards for an PUD. b. Notice requirements: Publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) C. Standards of review: Section 26.445.040. d. P&Z action: Resolution recommending to the City Council approval, approval with conditions, or disapproval of the PUD. 4. Step Four - Public Hearing before the City Council. a. Purpose: To review recommendations by Planning and Zoning Commission and to determine if application for final development plan meets the standards for an PUD. City -of Aspen Land Use Code Page - 138 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 b. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing. (See 26.304.060(E)(3)(a),(b), and (c)•) C. Standards of review: Section 26.445.040. d. City Council: Ordinance approving, approving with conditions, or disapproving the PUD. D. Limitations. A development application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Unless an extension is granted by the City Council prior to expiration, failure to file such an application within this time period shall render null and void the approval of a conceptual development plan. Approval of a conceptual development plan shall not constitute final approval for development in a Planned Unit Development, or permission to proceed with development. Such approval shall only constitute authorization to proceed with a development application for a final development plan. 26.445.040. Review standards. A development application for PUD shall comply with the following standards and requirements: A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. B. Density. 1. General. The maximum density shall be no greater than that permitted in the underlying zone district. Furthermore, densities may be reduced if: a. There is not sufficient water pressure and other utilities to service the proposed development; b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development; City of Aspen Land Use Code Page - 139 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 C. The land is not suitable for the proposed development because of its slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers; d. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution; e. The proposed development will have a deleterious effect on air quality in the surrounding area and the City; or f. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 2. Reduction in density_ for slave consideration. a. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability; and guarantee adequate fire protection access, the density of a PUD shall also be reduced in areas with slopes in excess of twenty (20) percent in the following manner: (1) For lands between zero (0) and twenty (20) percent slope, the maximum density allowed shall be that permitted in the underlying zone district; (2) For lands greater than twenty (20) but less than thirty (30) percent slope, the maximum density allowed shall be reduced to fifty (50) percent of that permitted in the underlying zone district; (3) For lands greater than thirty (30) but less than forty (40) percent slope, the density shall be reduced to twenty-five (25) percent of that allowed in the underlying zone district; and (4) For lands in excess of forty (40) percent slope, no density credit shall be allowed. b. Maximum density for the entire parcel on which the development is proposed shall be calculated by each slope classification, and then by dividing the square footage necessary in the underlying zone district per dwelling unit. C. For parcels resting in more than one (1) underlying zone district, the density reduction calculation shall be performed separately on the lands within each zone district. C. Land uses. The land uses permitted shall be those of the underlying zone district. Detached residential units may be authorized to be clustered in a- zero lot line or row house configuration, but multi -family dwelling units shall only be allowed when permitted by the underlying zone district. City of Aspen Land Use Code Page - 140 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 I� L Dimensional requirements. The dimensional requirements shall be those of the underlying zoie district; provided, that variations may be permitted in the following: 1. Minimum distance between buildings; 2. Maximum height (including viewplanes); 3. Minimum front yard; 4. Minimum rear yard; 5. Minimum side yard; 6. Minimum lot width; 7. Minimum lot area; 8. Trash access area; 9. Internal floor area ratio; and 10. Minimum percent open space. If a variation is permitted in minimum lot area, the area of any lot may be greater or less than the minimum requirement of the underlying zone district, provided the total area of all lots, when averaged, at least equals the permitted minimum for the zone district. Any variation permitted shall be clearly indicated on the final development plan. Off-street parking_ The number of off-street parking spaces may be varied from that required in the underlying zone district based on the following considerations. 1. The probable number of cars used by those using the proposed development. 2. The parking needs of any nonresidential uses. 3. The varying time periods of use, whenever joint use of common parking is proposed. 4. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. 5. The proximity of the proposed development to the commercial core or public recreational facilities in the City. City of Aspen Land Use Code Page - 141 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 Whenever the number of off-street parking spaces is reduced, the City shall obtain assurance that the nature of the occupancy will not change. F. Open space. The open space requirement shall be that of the underlying zone district. However, a variation in minimum open space may be permitted if such variation would not be detrimental to the character of the proposed Planned Unit Development (PUD), and if the proposed development shall include open space for the mutual benefit of all development in the proposed Planned Unit Development (PUD) through a common park or recreation area. An area may be approved as a common park or recreation area if it: 1. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and 2. Is land which is accessible and available to all dwelling units or lots for whom the common area is intended. A proportionate, undivided interest in all common park and recreation areas shall be deeded in perpetuity to each lot or dwelling unit owner within the Planned Unit Development (PUD), together with a deed restriction against future residential, commercial, or industrial development. Any plan for open space shall also be accompanied by a legal instrument which ensures the permanent care and maintenance of open spaces, recreation areas, and communally owned facilities. G. Landscape plan. There shall be approved as part of the final development plan a landscape plan, which exhibits a well designated treatment of exterior spaces. It shall provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. H. Architectural site plan. There shall be approved as part of the final development .plan an architectural site plan, which ensures architectural consistency in the proposed development, architectural character, building design, and the preservation of the visual character of the City. It is not the purpose of this review that control of architectural character be so rigidly enforced that individual initiative is stifled in the design of a particular building, or substantial additional expense is required. Architectural character is based upon the suitability of a building for its purposes, upon the appropriate use of materials, and upon the principles of harmony and proportion of the buildings with each other and surrounding land uses. Building design should minimize disturbances to the natural terrain and maximize the preservation of existing vegetation, as well as enhance drainage and reduce soil erosion. I. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. J. Clustering. Clustering of dwelling units is encouraged. City of Aspen Land Use Code Page - 142 Revised O1/01/99 Part 400 —Development Review Standards and Procedures Section 26.450.010 K. Public facilities. The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. L. Traffic and pedestrian circulation. 1. Every dwelling unit, or other land use permitted in the Planned Unit Development (PUD) shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development (PUD) shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. Every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access to a public street. 5. All nonresidential land uses within the Planned Unit Development (PUD) shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 6. Streets in the Planned Unit Development (PUD) may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent City regulations and ordinances. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. 26.445.050. Application. A. Conceptual development plan. 1. Contents of application. The contents of a development application for a conceptual development plan shall include the following. City of Aspen Land Use Code Page - 143 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 a. The general application information required in Common Development Review Procedures, Section 26.304.030; b. A conceptual description of the proposed Planned Unit Development (PUD). This shall include but not be limited to a statement of the objectives to be achieved by the Planned Unit Development and a conceptual description of proposed land uses, building heights and locations, landscaping, open space, natural features, and accessways; C. A statement conceptually outlining how the proposed PUD development will be served with the appropriate public facilities, and how, assurance will be made that those public facilities are available to serve the proposed development; and d. A conceptual site plan, illustrating: (1) Existing natural and manmade features. (2) General configuration of proposed land uses, access ways, and existing and proposed utilities. (3) A general landscaping plan and elevations or other architectural renderings of the proposed improvements, which at a conceptual level, depict general site design features, building mass and height, and relation to natural features of the site. B. Final development plan. 1. Contents of application. The contents of the development application for a final development plan shall include the following: a. The general application information required in Common Development Review Procedures, Section 26.304.030. b. A detailed plan of the proposed development which includes but is not limited to proposed land uses, densities, natural features, internal traffic circulation plans, and off-street parking and open space areas. The plan shall be of sufficient detail to enable evaluation of the design features and natural features of the proposed development. It shall show the location and floor area of all existing and proposed buildings and other improvements including their height, dwelling unit types and all nonresidential facilities. C. A statement specifying how the development complies with the dimensional and off- street parking requirements of the underlying zone district on the parcel proposed for development, and a specific listing of any variations requested from these requirements. City of Aspen Land Use Code Page - 144 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 d. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure the public facilities will be available to accommodate the proposed development. e. A statement outlining a development schedule specifying the date construction is proposed to be initiated and completed, any proposed public facilities the developer is proposing to construct, and the phasing and construction of the proposed public facilities. f. A statement of the reasonable conformance of the final development plan with the approval granted to the conceptual development plan. g. An architectural sketch indicating floor plans and all exterior elevations of any buildings or other structures proposed for development. h. A landscape plan indicating the treatment of exterior spaces in the proposed development. The landscape plan should show: (1) The extent and location of all plant materials and other landscape features; (2) Flower and shrub bed definition; (3) Proposed plant material at mature sizes and in appropriate relation to scale; (4) Species and size of existing plant material; (5) Proposed treatment of all ground surfaces (e.g., paving, turf, and gravel); (6) Location of water outlets; and (7) A plant material schedule with common and botanical names; sizes, quantities and method of transplant. i. A topographic map prepared by a registered land surveyor, registered landscape architect or registered engineer identifying the areas on the parcel proposed for development where slopes are: (1) Between zero (0) and twenty (20) percent; (2) Between twenty-one (21) and thirty (30) percent; (3) Between thirty-one (3 1) and forty (40) percent; (4) In excess of forty (40) percent. City of Aspen Land Use Code Page - 145 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 j. An open space plan, and if applicable, a legal instrument or instruments setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally -owned facilities and private streets. If the common open space is proposed to be deeded to a homeowners association, the proposed documents governing the association shall also be submitted. Such documents shall meet the following requirements: (a) The homeowners' association must be established before any residences are sold (b) membership in the association must be mandatory for each residence owner (c) open space restrictions must be permanent and not for a period of years (d) the homeowners' association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities (e) the association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities (f) the governing board of any such association shall consist of at least five (5) members who shall be owners of property in the Planned Unit Development (PUD). k. A plat which depicts the applicable information required by Section 26.480.060(A)(3). A proposed PUD agreement which conforms to Section 26.445.060 below. 26.445.060 PUD agreement. A. General. Upon approval of a final development plan for the Planned Unit Development (PUD), the applicant and City Council shall enter into a Planned Unit Development (PUD) agreement binding the PUD to any conditions placed on the development order. B. Common park and recreation areas. The PUD agreement shall outline any agreement on the part of the applicant, to deed to each lot or dwelling unit owner within the Planned Unit Development (PUD), an undivided interest in all common park and recreations areas, together with a deed restriction against future residential, commercial, or industrial development. C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan, the City Council may require the applicant to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan,. as estimated by the City engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee 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. City of Aspen Land Use Code Page - 146 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 As portions of the landscaping improvements are completed, the City engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent which shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. D. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the development, the City Council shall require the applicant to provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in Section 26.445.060(C) above, and may be drawn upon by the City as therein specified. As portions of the public facilities improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent which shall be withheld until all proposed improvements are completed and approved. 26.445.070 Notice of PUD designation. Subsequent to receipt of a development order for a Planned Unit Development (PUD), the applicant shall file in the Clerk and Recorder's office of Pitkin County, Colorado, the following notice: Notice of PUD Designation PLEASE TAKE NOTE that on the day of , the City Council of Aspen, Colorado, approved development on the following described tract as a Planned Unit Development pursuant to the provisions of Chapter 26.445 of the Aspen Municipal Code. No development shall occur on the tract except in accordance with such development order and under any conditions that may be imposed thereby. The above referred to land is located within the City of Aspen, Pitkin County, Colorado, and is more fully described as follows: (Insert Legal Description) A copy of the Planned Unit Development Final Development Plan is of record in the office of the Pitkin County Clerk and Recorder. City Clerk STATE OF COLORADO ) ) SS: COUNTY OF PITKIN ) City of Aspen Land Use Code Page - 147 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 The foregoing instrument was acknowledged before me this by - Witness my hand and official seal. Notary Public My Commission expires: day of City Clerk. 26.445.080 Placement of PUD designation on official zone district map. After final approval of a Planned Unit Development (PUD), the Community Development Director shall amend the City's official zone district map to show a Planned Unit Development (PUD) designation. 26.445.090 Recordation. The final development plan, which shall consist, as applicable, of final drawings depicting the site plan, landscape plan, utility plan and building elevations, and Planned Unit Development (PUD) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and PUD agreement. Failure on the part of the applicant to record the final development plan and PUD agreement within a period of one hundred eighty (180) days following its approval by City Council shall render the plan invalid. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. City of Aspen Land Use Code Page - 148 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 6. A reduction in required pavement widths or rights -of -way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. B. Other amendment. Any other amendment shall be approved pursuant to the terms and procedures of the final development plan; provided, that the proposed change is consistent with or an enhancement of the approved final development plan. If the proposed change is not consistent with the approved final development plan, the amendment shall be subject to both conceptual and final development plan review and approval. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended any new community polices or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. C. Absence of approved final development plan. In the absence of an approved final development plan for a site designated Planned Unit Development (PUD), an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal is an insubstantial or other amendment. 26.445.110 Enforcement of PUD development order. A. City. The provisions of a development order approving a final development plan for a Planned Unit Development (PUD) relating to the use of land and the location of common open space shall run in favor of the City, and shall be enforceable at law or in equity by the City, without limitation on any power or regulation otherwise granted by law. B. Residents. All provisions of the development order approving a final development plan for a Planned Unit Development (PUD) shall also run in favor of the residents, occupants, and owners of the Planned Unit Development (PUD), but only to the extent expressly provided City of Aspen Land Use Code Page - 149 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 in the development order and in accordance with the terms of the final development plan. To that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the development order to act on their behalf. However, no provisions of the development order shall be implied to exist in favor of residents, occupants, and owners except those provisions of the development order which have received approval. C. Release by City. All those provisions of the development order approving a final development plan for a Planned Unit Development (PUD) authorized to be enforced by the City, may be modified, removed or released by the City subject to the following: 1. No modification, removal or release of the provisions shall affect the rights of the residents, occupants, and owners of the Planned Unit Development (PUD) to maintain and enforce these provisions at law or equity as provided in Section 26.445.110(B). 2. No modification, removal, or release of the provisions of the development order by the City shall be permitted except upon compliance with the requirements of Section 26.445.100. D. Release by residents. Residents and owners of the Planned Unit Development (PUD) may, to the extent and in the manner expressly authorized by the provisions of the development order, modify, remove or release their rights to enforce the provisions of the development order, but no such action shall affect the right of the City to enforce the development order. E. Enforcement of open space and common area conditions. In the event the organization established to own and maintain common open spaces, recreation areas, communally - owned facilities and private streets, or any successor organization shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved open space plan in the final development plan, the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days. If the deficiencies noted are not cured within thirty (300 days, an additional notice shall be sent setting forth a date and place of a hearing to be held within fourteen (14) days of notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. City of Aspen Land Use Code Page - 150 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.450.010 Before expiration of the one-year period, the City Council shall, upon its own initiative or upon the written request of the organization responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the Planned Unit Development (PUD). At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Aspen should not be continued for the succeeding year. If the City Council determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Council. Otherwise, the City shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall be a lien against the common facilities of the Planned Unit Development (PUD) and the private properties within the development. The City Council shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. City of Aspen Land Use Code Page - 151 Revised O1/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.010 Chapter 26.450 TEMPORARY USES Sections: 26.450.010 Purpose. 26.450.020 Authorization for temporary uses. 26.450.030 Criteria applicable to all temporary uses. 26.450.040 Conditions of approval. 26.450.050 Duration and expiration of a temporary use. 26.450.060 Procedure for temporary use approval. 26.450.070 Application. 26.450.080 Amendment of development order. 26.450.090 No vesting of temporary uses. 26.450.010 Purpose. Temporary uses are those uses or structures that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary basis upon individual review of their proposed nature, location, duration, impact, and compatibility with surrounding permitted uses and structures, excepting outdoor merchandising or commercial displays which shall not be permitted as temporary uses. Additionally, off -site construction staging and temporary storage shall only be permitted in accordance with the procedures and criteria as set forth in Chapter 26.314. 26.450.020 Authorization for temporary uses. No temporary use shall be permitted except upon review and approval by either the Community Development Director or by City Council in accordance with the procedures, standards and limitations set forth in this Chapter. A temporary use may be granted by the City Council for a period of up to 180 days. An insubstantial temporary use may be authorized by the Community Development Director. An insubstantial temporary use shall be defined as a temporary use that meets the criteria set forth below in Section 26.450.030, is limited to a period of time not to exceed seven (7) days, the impact upon the immediate vicinity is determined to be minimal, and in the opinion of the Community Development Director does not require the review and approval of the City Council. 26.450.030 Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. City of Aspen Land Use Code Page - 152 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.010 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. 26.450.040 Conditions of approval. Upon review and approval by the Community Development Director or City Council, as set forth at Section 26.450.060 herein, the temporary use approval may be conditioned as deemed necessary to protect the integrity of the zone district and the surrounding uses and structures in the neighborhood in which a temporary use is to be permitted. This may include, but is not limited to, setting requirements for, or imposing restrictions upon size, bulk, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, operations, hours of operation, set -backs, building materials, and requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition. 26.450.050 Duration and expiration of a temporary use. A. Duration. Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves same, unless a shorter period is specified in the approval. Insubstantial temporary uses may be granted for a period not to exceed seven (7) days from the date upon which the Community Development Director approved same, unless a shorter period of time is specified in the approval. B. Extensions. The City Council may grant one extension of an approved temporary use. The Community Development Director may grant one extension of an approved insubstantial temporary use. Requests for an extension of a temporary use approved by City Council must be submitted in writing to the Community Development Director no less than fifteen (15) days prior to the expiration of a permitted temporary use. Requests for an extension of an insubstantial temporary use approved by the Community Development Director must be submitted in writing to the Community Development Director no less than three (3) days prior to the expiration of a permitted insubstantial temporary use. All proposed extensions of a temporary use or insubstantial temporary use shall be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. Requests for an extension of time City of Aspen Land Use Code Page - 153 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.010 approved by the City Council shall be heard and approved or denied at a public hearing. No extension of a temporary use approved by City Council shall exceed one hundred eighty (180) days. No extension of an insubstantial temporary use approved by the Community Development Director shall exceed seven (7) days. 26.450.060 Procedure for temporary use approval. A development application for a temporary use shall be submitted to the Community Development Director. If the Community Development Director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at Sections 26.450.020 and 26.450.030, he may grant, or grant with conditions, the insubstantial temporary use. The Community Development Director may, as part of the determination whether the temporary use is insubstantial, require the applicant to provide notice to surrounding property owners with an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the Community Development Director taking into account the nature of the proposed temporary use and its potential impacts upon the immediate vicinity. If the Community Development Director determines that the proposed temporary use is not insubstantial, he shall forward same with comments and recommendations to the City Council. City Council shall then after a public hearing, grant, grant with conditions, or deny the application. The hearing before City Council shall be preceded by timely notice (posting and mailing) as specified in Section 26.304.060(E)(3)(b) and (c), and all hearings shall be conducted in accordance with the procedures set forth in Section 26.304.060(C) of this Title. 26.450.070 Application. A development application for a temporary use shall include the following information: A. The general application information required in Section 26.304.030 of this Title. B. A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and'structures in the immediate vicinity. C. If the application involves development of a new structure, or expansion or remodeling of an existing one, then proposed elevations of the structure must be provided. D. Such other information as deemed necessary by the Community Development Director for purposes of evaluating the application. E. Payment of all necessary fees. 26.450.080 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a temporary use may be authorized by the Community Development Director. An insubstantial amendment shall be limited to design, technical or engineering considerations first discovered during actual development of the temporary use which were unknown and City of Aspen Land Use Code Page - 154 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.010 could not reasonably have become known prior to or during the approval process, or any other minor amendment to the approval which the Community Development Director has determined to have no affect on the nature of, or the conditions imposed upon, a temporary use. B. Other amendment. All amendments not constituting an insubstantial amendment must be reviewed and approved by the City Council at a public hearing. 26.450.090 No vesting of temporary uses. A development application for and an approval of a temporary use and/or structure, or development plan, shall not constitute nor be interpreted by any property owner, developer or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Temporary uses and structures shall be considered transitory variances at all times and shall not vest. The failure of an applicant to adhere to any condition of approval for a temporary use shall result in the immediate forfeiture of the temporary use approval and such use shall immediately cease and may be abated as provided for in the Municipal Code. City of Aspen Land Use Code Page - 155 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.010 Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Sections: 26.470.010 Purpose. 26.470.020 Applicability. 26.470.030 Aspen Metro Area development ceilings - Residential and Tourist Accommodations. 26.470.040 Reserved. 26.470.050 Annual development allotments - Residential and Tourist Accommodations. 26.470.060 Annual development allotments - Commercial and Office. 26.470.070 Exemptions. 26.470.080 Development allotment and application procedures. 26.470.090 Growth management scoring criteria - Residential and Tourist Accommodations. 26.470.100 Growth management scoring criteria - Commercial and Office. 26.470.110 Amendment of development order. 26.470.120 Expiration of development order. 26.470.010 Purpose. The purposes of this Chapter are as follows: (1) to implement the Aspen Area Community Plan's goals and policies, in conjunction with the background research and studies conducted in support of the Plan; (2) to ensure that new growth occurs .in an orderly and efficient manner in the City of Aspen and the Aspen Metro Area; (3) to ensure sufficient public facilities to accommodate new growth and development; (4) to ensure that new growth and development is designed and constructed to maintain the character and ambiance of the City and the Aspen Metro Area; (5) to ensure an adequate supply of housing, businesses and events that serve the local, permanent community and the area's tourist base; and (6) to ensure that growth does not over -extend the community's ability to provide support services, including employee housing, traffic control and parking. 26.470.020 Applicability. This Chapter shall apply to all development in the City of Aspen. This Chapter also represents the City's component of the Aspen Metro Area's Residential and Tourist Accommodations Growth Management Quota System ("GMQS"). As such, relevant portions shall apply to all residential and tourist accommodations development in the City of Aspen. Other portions shall apply to Commercial and Office development. While the provisions of this chapter are applicable to all development in the City, specific land uses and development activities are exempted from its competition and scoring procedures. For the purposes of this Chapter, the two following development categories have been established. City of Aspen Land Use Code Page - 156 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 A. Exempt development. Development that is not subject to growth management competition and scoring does not compete for available growth management allocations and is not scored by the growth management scoring criteria set forth herein. Some types of exempt development are deducted from the annual development allotments and overall development ceilings; others are not. Although not subject to growth management competition and scoring, exempt development is subject to all other applicable Code requirements, including the exemption provisions of Section 26.470.060. B. Non-exempt development. Development that is subject to growth management competition and scoring is required to compete against all other non-exempt projects in the Aspen Metro Area for development allocations. Non-exempt development is scored in accordance with the growth management scoring criteria of Section 26.470.080 (residential anm d tourist accommodations) or Section 26.470.090 (comercial and office development). All approved non-exempt development is deducted from the available pool of annual development allotments (Section 26.470.040 for residential and tourist accommodations or Section 26.470.050 for commercial and office development) and from the overall development ceilings of Section 26.470.030. Any development that is not specifically listed as exempt pursuant to Section 26.470.060 shall be considered non-exempt. 26.470.030 Aspen Metro Area development ceilings - Residential and Tourist Accommodations. A. Description. As the primary implementation tool for the Aspen Area Community Plan, the Residential and Tourist Accommodations Growth Management Quota System ("GI 4QS") is designed to promote many objectives. Despite its complexity, two overriding goals form its core: (1) to prohibit development in excess of the Aspen Metro Area's projected peak population of thirty thousand (30,000) persons (permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed the community's ability to cope with associated public facility and service demands and accompanying changes to community character. Aspen area residents have determined that the maximum average growth rate that can be accommodated without long-term negative consequences is two (2) percent per year. Therefore, the GMQS is designed to ensure that new development approvals not exceed an average rate of two (2) percent per year. The community's growth rate goal is implemented by the annual development allotments set forth at Section 26.470.040 for residential and tourist accommodations and Section 26.470.050 for commercial or office development. For a variety of reasons, it is possible that the community's actual population growth might exceed two (2) percent per year in some years. Previous GMQS approvals and exemptions, for example, could result in periods of construction activity and population growth that exceed the planned average annual growth rate. Regardless of the rate at which growth actually occurs, it is the intent of the GMQS that new approvals not exceed two (2) percent per year and that the maximum peak buildout population of thirty thousand (30,000) not be exceeded. This peak buildout goal is implemented by the development ceilings set forth in this Section. City of Aspen Land Use Code Page - 157 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 B. General. The ceilings apply to all non-exempt development and to some types of exempt development. These development ceilings impose cumulative limits on the number of development allocations that may be granted and on deductible exemptions that may be approved. In order to ensure that ceilings are not exceeded, the Community Development Director shall maintain an inventory of development allotments granted and deductible exemptions approved within the Aspen Metro Area. C. Ceiling levels. The Community Development Director shall calculate the number of allotments remaining under established development ceilings by June 1 of each year. Under no circumstances shall exempt or non-exempt development be allowed in excess of the following development ceilings: Development Type Metro Area Ceiling Tourist Accommodations 253 units Free Market Residential 92 units Free Market Residential, AH Associated 184 units Resident Occupied 184 units Affordable Housing 989 units 26.470.040 Reserved. 26.470.050 Annual development allotments - Residential and Tourist Accommodations. The residential and tourist accommodations growth management quota system's method of establishing annual development allotments has been designed to be as fair and flexible -as possible. It establishes pools of development allotments that are available for use by Aspen Metro Area exempt and non-exempt projects during one-year periods, running from June 1 to May 31. The system allows allotments to be "borrowed" from future years if necessary to accommodate very high -quality projects. As a result of the flexibility that has been built into the allotment system, the number of allotments available during any one year may vary. A. Establishment of Base Allotment Pool. 1. Base allotment pool. The base annual allotment pool corresponds to the desired annual growth rate for the Aspen Metro Area. It is established solely for the purposes of measuring changes in actual allotment levels and for calculating the maximum number of allotments available each year, pursuant to Section 26.470.040(A)(3). The following base annual allotment levels are hereby established for the entire Aspen Metro Area: Development Type Base Allotments Tourist Accommodations 11 units Free Market Residential 4 units Free Market Residential, AH Associated 8 units City of Aspen Land Use Code Page - 158 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 Resident Occupied 8 units Affordable Housing 43 units B. Establishment of Reserve Allotment Pool. The Aspen Area Community Plan calls for some development allotments to be reserved each year for use by projects that are subject to growth management competition and scoring (non-exempt development). Consequently, until the close of each year's growth management competition and appeals period, the following allotments shall be reserved for use by non-exempt development only: Development Type Reserve Allotments Tourist Accommodations 6 units Free Market Residential 2 units If these reserved units remain unused following the close of the growth management competition and appeals period, any remaining allotments shall be made available for use by exempt development. In the case of remaining, "Free Market Residential Non - Exempt" allotments, such units shall be available for allocation to any form of "Free Market Residential" development. C. Establishment of Maximum Allotment Pool. The maximum number of allotments available within a single year will vary based on at least two factors: (1) the number of allotments granted in previous years, and (2) whether the City Council authorizes the use of optional multi -year allotments pursuant to Section 26.470.050(A)(4). This Section establishes the method by which the maximum annual allotment pools for residential and tourist accommodations development shall be calculated. 1. Standard maximum allotment pool formula. No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available during the upcoming year using the following formula: Standard :_%Iaxiinain Allotment Pcol = B + A B base allotment A accunlulatcd allocmcnt dcfcitlwurplus (from preceding years; as eosr;parect to base ailuttnent} * In no cast,- slim i fewer than the reserve aLlotibmt pool be available City of Aspen Land Use Code Page - 159 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 2. Establishment of maximum pool levels. The maximum allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of this Section shall constitute the maximum allotment available for the year, unless the City Council approves the use of "Optional (Multi -Year) Maximum Allotments" pursuant to the provisions of Section 26.470.040(B). Regardless of the number of allotments yielded by the "Standard Maximum Allotment Pool" formula, the reserve pool allotments of Section 26.470.040(A)(2) shall be available each year. 3. Use of allotments in maximum allotment pool. Allotments in the maximum allotment pool shall be available for use as follows. a. Development subject to growth management competition and scoring. Development that is subject to growth management competition and scoring (non- exempt) shall be entitled to use only those allotments in the reserve pool established pursuant to Section 26.470.040(A)(2). Any reserve pool allotments remaining after the close of the annual growth management competition and appeals period shall be added to the pool of allotments available for use by development that is not subject to competition and scoring (exempt development). b. Development not subject to growth management competition and scoring. Because some units from the maximum allotment pool must be reserved each year until after growth management competition, the number of allotments available for use by development that is not subject to growth management competition and scoring (exempt development) will likely vary at different times of year. The number of allotments available for use by development that is not subject to competition and scoring shall be calculated as follows: i. Pre -competition: No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Pre -Competition Exemption Allotment Pool = (M-R) - 2 Where: M = Maximum Allotment Pool R = Reserve Pool ii. Post -competition: No later than one day after the close of the growth management competition and appeals period, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Past -Competition Exemption Allotment Pool = (P+R) - 2 Where: -` P — Units Remaining from Pre -Competition )exemption R - 1 In its Remaining from Reserve Pool City of Aspen Land Use Code Page - 160 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 D. Optional Multi -Year Allotments for "Exceptional" Projects. 1. Optional (multi -year) maximum allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional" projects (See Section 26.470.050(A)(4)) that include free market units. The number of allotments available in the optional (multi -year) pool shall be calculated no later than June 1 of each year. . Optional (Multi -Year) Maximum- Allotment Pool = (5xB)-(4xR)+A Where: B — base allotment R reserve allotment A = accumulated allotment deficit/surplus (froth preceding years; as colrlpared to base allotment) 2. Optional (multi -year), one hundred (100) percent affordable housing allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional" projects (See Section 26.470.050(A)(4)) that are totally comprised (one hundred (100) percent) of affordable housing. This formula shall also be used to determine the number of available Resident Occupied (RO) units without regard to the annual limitations, up to a cumulative ceiling of one hundred (100) RO units. The number of allotments available in the optional (multi -year) one hundred (100) percent affordable housing allotment pool shall be calculated no later than June 1 of each year. Optional (Multi -Year) 100°ic Affordable Housing Allotment Pool = (1DB)-(9R)+A Where: B = base allotment R = reserve allotment t A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) 3. Award of optional multi -year maximum allotments for "exceptional"projects. When the "Optional (Multi -Year) Maximum Allotment Pool" formula of Section 26.470.050(D)(1) yields available allotment pool levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of Section 26.470.050(C)(1), the City Council shall be authorized to make optional multi- year allotments available to "exceptional" non-exempt developments and to "exceptional" exempt developments located in the AH/PUD zone district. "Optional (Multi -Year) Maximum Allotments" shall be made available only to specific projects, and in the event that the allotments expire or are otherwise unused after being awarded, they shall not be carried over as surplus allotments or be transferred to other projects. City of Aspen Land Use Code Page - 161 Revised 0 1/0 1/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 Because the award of optional multi -year maximum allotments may result in fewer allotments being available in subsequent years, the use of optional multi- year maximum allotments shall be reserved for projects found by City Council, after recommendation by the Growth Management Commission, to meet the standards of Sections 26.470.090(C) and (D). E. Unallocated surplus allotments. If, on May 31, unallocated development allotments remain unused they shall automatically be treated as "surplus" allotments and be added to the pool of allotments available in successive years (See formula, Section 26.470.040(A)(3)). This automatic carryover provision notwithstanding, the City Council, following a public hearing for which notice has been given pursuant to Section 26.304.060 (E)(3)(a), shall be authorized to deny the carryover of allotments and to delete any remaining surplus allotments. In making its decision, the City Council shall consider the following 1. The community's growth rate over the preceding five-year period; 2. The ability of the community to absorb the growth that could result from a proposed development that is granted the unallocated allotments, including issues of scale, infrastructure capacity and community character; and 3. The expected impact from approved developments that have already obtained allotments or exemptions, but that have not yet been built. 26.470.060 Annual Development Allotment - Commercial and Office. A. Establishment of base allotment pool. There shall be no more than twenty thousand (20,000) square feet of commercial and office space allotted in the City of Aspen, on an annual basis, allocated as follows: 1. Eight thousand (8,000) square feet of net leasable commercial and office space within the Commercial Core (CC) and Commercial (C-1) zone districts. 2. Six thousand (6,000) square feet of net leasable commercial and office space within the Neighborhood Commercial (NC) and Service/Cornmercialadustrial (SCl) zone districts. 3. Four thousand (4,000) square feet of net leasable commercial and office space within the Office (0) zone district; and 4. Two thousand (2,000) square feet of net leasable commercial and office space within the Commercial Lodge (CL) and all other zone districts not otherwise specified in this section. City of Aspen Land Use Code Page - 162 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 5. Four thousand (4,000) square feet a year of net leasable commercial and office space for properties previously zoned Lodge Preservation (LP), and compliance with Section 26.470.060(M) "Change in Use/Lodge Expansion." B. Establishment of reserve allotment pool. 1. The development allotment determined in any given year shall never be less than thirty (30) percent of the annual development allotment provided for in Section 26.470.050(A). If, as a result of development exempted pursuant to Section 26.470.060 that is deducted from the annual development allotment there shall be less than thirty (30) percent of the annual development allotments available, then thirty (30) percent of the annual development allotment shall be made available. 2. Any development allotments made available and awarded pursuant to this Section shall be deducted from the allotment available in the next year. C. Maximum allotment pool. Prior to the award of allotments by City Council, the Community Development Director shall determine the actual development allotment available for allocation in that year, using the following procedure: 1. The annual development allotment shall be established pursuant to Section 26.470.050(A). 2. Any excess development allotments awarded during prior years pursuant to Section 26.470.050(B) shall be deducted from the annual development allotment, if applicable. 3. Any development allotments which the City Council shall have carried over pursuant to Section 26.470.050(B)(3) shall be added to the annual development allotment, if applicable. 4. Any phased development allotments which the City Council shall have awarded pursuant to Section 26.470.050(C) shall be deducted from the annual development allotment, if applicable. 5. Any commercial or office square footage exempted pursuant to Section 26.470.060 and for which building permits have been issued shall be deducted from (if for construction) or added to (if for demolition) the annual devclopment allotment, if applicable. 6. Any development allotments which have been awarded in the previous year pursuant to Section 26.470.050(E) shall be deducted from the annual development allotment, if applicable. 7. Any development allotments which have expired pursuant to Section 26.470.110 shall be added to the annual development allotment, if applicable. City of Aspen Land Use Code Page - 163 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 D. Excess allotment pool. 1. In awarding development allotments, the City Council may authorize development in excess of the maximum amount of development allotted for a year established in Section 26.470.050(A). Excess allotments, however, shall not exceed twenty-five (25) percent of the annual development allotment established in Section 26.470.050(A). 2. Any allocation of excess development allotments shall be off -set by a reduction in successive years so that every fifth year the total development allotted within the previous five (5) years shall not be in excess of the cumulative total permitted by Section 26.470.050(A). E. Multi year development allotment. The City Council may grant a development allotment for proposed development that requests development allotments which would be available in future years, if in each subsequent year the annual allotment provided for in Section 26.470.050(A) shall be reduced by the amount of development allotment permitted by the approval. In order to be eligible for the award of allotments from future years under this Section, it shall be necessary to demonstrate compliance with Section 26.470.100(A-D). F. Unallocated surplus allotments. 1. If following the award of development allotments there shall remain unallocated development allotments, the City Council, following a public hearing for which notice has been given pursuant to Section 26.304.060(E)(3)(a), shall by resolution either carry over the unallocated allotments to the next year, or eliminate the unallocated allotments. In making its decision, the City Council shall consider the following: a. The rate of growth over the prior five (5) years in the particular land use category in which there remains unallocated development allotments. b. The rate of growth in other land use categories over the prior five (5) years, taking into account the goals of community balance and whether the community has been meeting or exceeding its planned rate of growth. c. The ability of the City to absorb the growth which could result from a proposed development which is granted the unallocated allotments, including issues of scale and infrastructure capacity. d. The expected impact from approved developments which have already obtained allotments or exemptions, but which have not yet been built. 26.470.070 Exemptions. The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations City of Aspen Land Use Code Page - 164 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. A. Remodeling, restoration, or reconstruction of existing buildings. The following exemptions shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. L Remodeling restoration or reconstruction of existing cominerciad lodge or mul(- amily buildings. The remodeling, restoration or reconstruction of an existing lodge or multi- family building shall be exempt from the growth management competition and scoring procedures, provided that it does not create additional dwelling, hotel or lodge units or involve a change of use. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. The addition of a trellis structure to a commercial restaurant use which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change of use shall be exempt. When a trellis structure is proposed within an open space area, it shall be demonstrated that the structure: a) is not enclosed by walls, screens, windows or other enclosures; and b) shall maintain fifty (50) percent of the overhead structure open to the sky; and c) is designed and maintained so that snow does not accumulate to form a closed roof -like cover. No bandit unit shall be remodeled, restored or reconstructed unless it has first been legalized pursuant to Section 26.520.020(C). 2. _Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. City of Aspen Land Use Code Page - 165 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 C. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off -site pursuant to Section 26.520.020(D). 3. Re dacement o structures listed on inventory o historic structures. A structure included on the inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay District may be removed from a property and relocated elsewhere within the City of Aspen and need not be demolished in order for a replacement structure on its original site to be exempted from the growth management competition and scoring procedures, provided that the structure is designated as an historic landmark in its new location and all necessary development approvals are obtained from HPC and the Planning and Zoning Commission. 4. Re lacement of demolished multi -family, residential units. Replacement of demolished multi -family residential units shall be subject to the requirements of the Housing Replacement Program (See Chapter 26.530), and Sections 26.470.070(A)(1) and (2), above. 5. Remodeliiag, restoration or expansion of exisuLng-siMle-family or duplex dwellin s. The remodeling, restoration or expansion of existing single-family or duplex dwellings shall be exempt from the growth management competition and scoring procedures. B. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. Single-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU); b. paying the applicable affordable housing impact fee; or City of Aspen Land Use Code Page - 166 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 c recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed. 2. Duplex. In order to qualify for a duplex exemption, the applicant shall have five (5) options: a. providing one free market dwelling unit and one deed restricted, resident - occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; b. providing two free market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; C. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum floor area of three hundred (300) square feet; d. providing two deed restricted, resident -occupied dwelling units; or e. paying the applicable affordable housing impact fee. C. Historic Landmark Lot Split. The construction of each new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to Section 26.480.030(E). This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall only apply if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. D. Historic landmarks. 1. Change of use. The change of use of an historic landmark that does not increase the building's existing floor area ratio shall be exempt. This exemption shall not be deducted from the respective annual development allotments or from the Aspen Metro Area development ceilings. Exemption review is by the Community Development Director. 2. EEnlamements for additional dwelling and tourist accommodations units. The enlargement of an historic landmark that develops, on a maximum cumulative basis: (a) not more than one residential dwelling or three hotel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units. This exemption shall be deducted from the respective annual development allotments and from the Aspen Metro Area development. Exemption review is by the Community Development Director. City of Aspen Land Use Code Page - 167 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 (b) more than one residential dwelling or more than three (3) hotel, motel, lodge, bed and breakfast, boardinghouse, roominghouse or dormitory units shall be exempted. This exemption is not deducted from annual allotments or from Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 3. Enlargement for use as a commercial or oij2ce development. a. No increase in FAR or net leasable square footage. The enlargement of an historic landmark intended to be used as a commercial or office development which does not increase either the building's existing floor area ratio or its net leasable square footage; or (2) The enlargement of an historic landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both, shall be exempt. Review is by the Community Development Director. b. Increase in FAR and net leasable square footage. The enlargement of an historic landmark to be used as a commercial or office development which increases the building's existing floor area ratio and its net leasable square footage or the enlargement of an historic landmark for mixed -use as a commercial or office development and which adds a residential dwelling unit, which increases the building's or parcel's existing floor area ratio and its net leasable square footage. Review of this exemption is by the Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 4. EnIargements for mixed -use development. The enlargement of an historic landmark for mixed -use as a commercial, office or lodge development and that adds a residential dwelling unit, that increases the building's or parcel's existing floor area ratio and its net leasable square footage shall be exempt. This exemption is not deducted from annual allotments or from- Aspen Metro Area ceilings. Review is by Growth Management Commission. The applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed by the standards set forth at sub -Section 5, below. 5. Standards for certain historic landmark exemption . To be eligible for the historic landmark exemptions of sub -Sections (2)(b), (3)(b) and (4) above, the applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (a) Affordable housing. City of Aspen Land Use Code Page - 168 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 (1) For an enlargement to the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the applicant shall provide affordable housing at one hundred (100) percent of the level that would meet the threshold required in Section 26.470.080(C)(5) for the applicable use. For each one percent reduction in floor area below the maximum permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced. by one percent. (2) The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. (3) Any affordable housing provided by the applicant shall be restricted to the housing designee's Category 3 price and income guidelines, as set forth in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. (4) Any affordable housing shall comply with the standards for affordable housing set forth at Section 26.520.020. (b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if the Historical Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Chapter 26.415, if applicable. Any parking that cannot be located on -site and that would therefore be required to be provided via a cash -in -lieu payment shall be waived. (c) Off site impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation and fire protection impacts shall be mitigated to the satisfaction of the Growth Management Commission. (d) Compatibility. The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area. E. Expansion of commercial or office uses. The expansion of an existing commercial or office use in a building shall be exempt if it is demonstrated that the expansion will have minimal impact upon the City. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the expansion, and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking spaces will be demanded by the City of Aspen Land Use Code Page - 169 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 expansion and that parking will be provided; that there will be minimal visual impact on the neighborhood from the expansion; and that minimal demand will be placed on the City's public facilities from the expansion. 1. An expansion of not more than two hundred fifty (250) net leasable square feet, excluding employee housing shall be reviewed by the Community Development Director. Expansion of a building which occurs in phases shall be limited to a maximum total of two hundred fifty (250) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire project. 2. An expansion of an existing commercial or office building of two hundred fifty-one (251) to five hundred (500) net leasable square feet, excluding employee housing shall be reviewed by the Growth Management Commission Expansion of a building which occurs in phases shall be limited to a maximum cumulative total of five hundred (500) net leasable square feet and shall be evaluated in terms of the cumulative impact of the entire expansion. F. Change in use. A change in use of an existing structure between the residential, commercial/office and tourist accommodations categories (irrespective of direction) for which a Certificate of Occupancy has been issued for at least two (2) years and which that is intended to be reused, shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Growth Management Commission. This exemption is available provided the following conditions are met: 1. A minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; 2. A minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided; 3. There will be minimal visual impact on the neighborhood from the change in use; 4. Minimal demand will be placed on the City's public facilities from the change in use; 5. No. zone change is required; 6. No more than one residential unit will be created; and 7. The proposed use is consistent in all respects with the AACP. City of Aspen Land Use Code Page - 170 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 G. "Voluntary" accessory dwelling units. The development of an Accessory Dwelling Unit(s) that is provided "voluntarily," rather than as a means of -complying with Section 26.470.070(B), shall be exempt. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning Commission. This exemption is available provided conditional use approval for each ADU is granted by the commission pursuant to Chapter 26.425. H. Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential -public facility if: a. it serves an essential public purpose, b. provides facilities in response to the demands of growth, c. is not itself a significant growth generator, d. is available for use by the general public, and e. serves the needs of the City. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. the generation of additional employees, ii. the demand for parking, road and transit services, and iii.the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. b. It shall also be demonstrated that: i. the proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and ii. is visually compatible with surrounding areas. 3. Notwithstanding the criteria as set forth in sub -Sections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted. City of Aspen Land Use Code Page - 171 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 I. Lot split. The development of one detached residential dwelling on a vacant lot within the original mapped Aspen Townsite, formed by a lot split granted subsequent to November 14, 1977 pursuant to Section 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be subject to the provisions of Section 26.470.070(B). This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. I Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. K. Accessory uses in mixed use development. Development of accessory uses in a mixed use development shall be exempt from the growth management competition and scoring procedures. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. The proposed development consists of a building or buildings designed as an integrated whole that contains uses requiring the submission of development applications for an allotment in more than one of the categories of Section 26.470.040. 2. There is one use of the property that is the principal use and any other uses are accessory to, in support of and necessary for the principal use. 3. In conjunction with the application for exemption, an application is submitted pursuant to Section 26.470.080 that receives a development allotment for the principal use. 4. The impacts of the accessory use on public facilities and affordable housing are mitigated by an agreement to provide the necessary public facilities and affordable housing at a level that would meet the threshold required in Section 26.470.080(C)(5) for the accessory use. City of Aspen Land Use Code Page - 172 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 5. The site design and architecture of the accessory use is evaluated in conjunction with the review of the development application for the principal use pursuant to Section 26.470.080. L. Free market residential, AH associated. Free market residential development in the AH zone district shall be exempt from the growth management competition and scoring procedures. M. Change in use/lodge expansion. A change in use of any existing structure previously zoned LP to either commercial/office or residential use, or the expansion of an existing lodge previously zoned LP shall be exempt from growth management competition and scoring procedures. The proposed conversion or expansion shall be deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by Planning and Zoning. Specific procedures for allocations are set forth at Section 24.470.070(B)(5). This exemption is available provided the following conditions are met: (1) Employee housing or cash -in -lieu will be provided to mitigate for additional employees generated by the change in use or expansion in accordance with the standards for affordable housing set forth at Section 26.520.020. This shall include an analysis and credit for existing employee housing and the incremental impact between the existing use and the proposed conversion; (2) Sufficient parking spaces will be provided for the change in use or expansion or cash -in - lieu will be used; (3) The change in use or expansion is compatible with the character of the existing neighborhood; (4) Adequate public facilities exist or will be provided for the change in use of the existing neighborhood; (5) No zone change is required. (6) The process for allocations set forth below for lodge conversions is followed. 26.470.080 Development allotment and application procedures. A. General. 1. Number of development agplications. No more than one development application for any parcel shall be considered in one year, unless each development application is submitted for an allotment in a different land -use development category. City of Aspen Lard Use Code Page - 173 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 2. Multi -site development applications. For any proposed development that is located on two or more parcels, the points awarded to each shall be weighted by the number of units to be constructed on each parcel and a weighted value calculated for the points in each category. 3. HPC cants teal approval. In the event that Historic Preservation Commission approval is needed for any proposed project, the Historic Preservation Commission's conceptual approval must be secured prior to submitting an application for a development allotment. The applicant shall be required to secure final approval of the project from the Historic Preservation Commission prior to receipt of a development order. 4. Consolidated gp2lications. Development applications for any development activity that is consolidated with a development application for allotment shall only receive final approval to the extent to which the project obtains necessary development allotments. B. Allocation procedures for exempt development. 1. Application deadline. Applications are taken and granted allocations on a first -come - first -served basis beginning on June 1 of each year. An application for an exemption or for a development allotment for exempt development may be submitted to the Community Development Director at any time of the year. 2. Application contents. An application for development allotments for exempt development shall be submitted in a form established by the Community. Development Director and made available to the public. 3. Procedures for review. The following procedure shall be followed to review applications for exempt developments. "Exceptional" exempt projects located in the AH/PUD zone district shall be reviewed in accordance with the procedures for review for non-exempt projects as set forth at Section 26.470.070(C). a. Community Development Director Review. Applications for exemptions eligible for reviewed by the Community Development Director shall be submitted to the Community Development Director who shall review the application for completeness, refer the application to all appropriate City staff and thereafter determine, based on the appropriate standards, if the application should be approved, approved with conditions, or disapproved. b. Growth Management Commission Review. After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Growth Management Commission for review and consideration at a public hearing. Notice of the hearing shall be by publication (See Section 26.304.060(E)). The Growth Management Commission shall by City of Aspen Land Use Code Page - 174 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 resolution approve, approve with conditions, or disapprove the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.070(B)(4). C. City Council Review. An application for a lot split shall not be reviewed by the Growth Management Commission, but instead shall be forwarded directly to the City Council for consideration. Other than an application for a lot split, an application for review by City Council requires a two step process. Exemption requests for essential public facilities or for accessory uses in a mixed -use development shall require review by the Growth Management Commission and final review by the City Council. Exemption requests for affordable housing or for free market residential, AH associated developments shall require review by the Housing Board and final review by the City Council. When two steps are required, the following procedures must be adhered to: (1) Step One - After the Community Development Director has determined that the application for exemption is complete, the application shall be forwarded to the Board/Commission specified above (in the preceding paragraph) for review and consideration at a public hearing. Notice of the hearing shall be by publication (See Section 26.304.060(E)). The appropriate Board/Commission shall by resolution recommend to the City Council approval, approval with conditions, or disapproval of the application. In the event that there are insufficient allotments available to accommodate all applications for exempt development, a random drawing shall be held in accordance with the standards of Section 26.470.080(B)(4). (2) Step two - A public hearing before City Council. Notice of the hearing shall be by publication (See Section 26.304.060(E)). The City Council, following a public hearing, shall by ordinance approve, approve with conditions, or disapprove the application. 4. General allocation procedures for exempt development. Development allotments shall be allocated on a first -come -first -served basis, provided that all applications submitted on the same day shall be construed to have been submitted at the same time. In the event that the number of development applications submitted on the same day exceeds the number of development allotments available, a random drawing shall be held to determine the order in which allocations are granted. Those applications that do not receive a development allotment in the random drawing shall remain valid until the following May 31. In the event that additional allocations become available on or before May 31, development allotments shall be allocated on the basis of the original random drawing. If allotments are available after awarding allotments to those applications included in the random drawing, they shall again be made available to applications on a first -come -first -served basis, based on the date of submittal. If development allotments City of Aspen Land Use Code Page - 175 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 have not been allocated to an application by May 31, that application shall expire and be ineligible for allocation until a new application is submitted. 5. Allocationi2rocess fo, r lodge_ conversions. (a) An annual lottery held during a regularly scheduled Growth Management Commission meeting shall be established for lodges requesting conversion or expansion. Each LP zoned lodge can apply for inclusion in the lottery. Notice of such a meeting shall be by publication (See Section 26.304.060(E)). Each lodge selected in the pool shall be allowed to go through the change in use process established under Section 26.470.070(M). Separate lotteries shall be held for lodge expansions, lodge conversions to free market residential, and for lodge conversions to commercial/office use. The total number of lodges allowed to be selected in the lottery shall be based on the potential buildout available for the selected lodge. For example, each lodge has a potential buildout based on underlying zoning that determines the number of free market homes possible on each property, as well as the allowed square footage of commercial or office space. As the lottery progresses, a running total of potential buildout units or commercial/office square footage as determined by underlying zoning, shall be kept. Once the total allowable GMQS allocations for lodge expansion or conversion is reached or exceeded by the last selected lodge, one additional lodge applying for change in use shall be selected and the lottery shall end. (b) If the total number of free market units or non-residential square footage allowable under underlying zoning are not awarded through the annual change in use process, the last selected lodge can apply for the change in use process for these remaining allocations. Multi -year allocations can be awarded if the Growth Management Commission approves a change in use application for the units that exceed the annual quota, and the following years allocations shall be adjusted accordingly. Any allocations left following all change in use applications shall be returned to the pool for future allocation. (c) Potential lodge expansion units for 1996 shall be eleven (11) lodge units. Subsequent years' lodge allocations shall be determined by the conversion formula and the number of free market conversion units approved by the Planning and Zoning Commission during the previous year, as described in Section 26.470.040. This shall be determined by the Community Development Director. (d) In order to prevent speculation or residential quota banking, a lodge awarded residential allocations would be required to apply for a land use application for a change in use within nine (9) months of the lottery date, followed by the securing of an active building permit and an abandonment of the lodge use within eighteen (18) months of the lottery date. If no land use application is submitted within nine (9) months from the date of the lottery, no quota received will revert to the next lottery winner. If no building permit is issued within eighteen (18) months, the units City of Aspen Land Use Code Page - 176 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 C. awarded would be added to the next GMQS pool, and the lodge cannot compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. The deadline established above for building permits and land use submittals are not required for commercial allocations until all necessary quotas for a project are secured, whereupon a lodge awarded the full allocation necessary for its project would be required to submit a land use application for a change in use within nine (9) months of the lottery date on which all necessary quotas were obtained, followed by the securing of an active building permit, and an abandonment of the lodge use within eighteen (18) months of the lottery date on which all necessary quotas were obtained. If no land use application is submitted within nine (9) months, or no building permit is issued within eighteen (18) months of the lottery date on which all necessary quotas were obtained, the units awarded will be added to the next GMQS pool, and the lodge could not compete in the lottery for five (5) years, or some other period of time suitable to the Planning and Zoning Commission. (e) An extension of the nine (9) month or eighteen (18) month deadline can only be granted by the Planning and Zoning Commission based on a good faith effort on the part of the applicant to file an application or obtain a building permit. (f) A mixed use residential and commercial development, where permitted by underlying zoning, would require the residential component of the project to be developed within the time limits imposed on residential development, as outlined above, even if it requires the phasing of the development project. (g) The schedule for application for the change in use or lodge expansion lottery shall be annually established by the Community Development Director. Allocation procedures for non-exempt development. 1. Application deadline. A development application for a development allotment for non- exempt development shall be submitted to the Community Development Director pursuant to Common Development Review Procedures, Chapter 26.304, on or before the following dates: Land Use/Development Type Tourist Accommodations Residential Commercial or Office Submission Date August 1 November 1 September 15 City of Aspen Land Use Code Page - 177 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 2. Application Contents. a. General. An application for development allotments for non-exempt development shall be submitted in a form established by the Community Development Director and made available to the public. An applicant may amend an incomplete application to make technical corrections or clarifications. An applicant may also make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the applications competing for allotments. Complete applications may not be amended prior to scoring if there are not sufficient allotments available for all submitted applications. b. Application contents for Residential or Tourist Accommodations Development and for Commercial or Office Development. In addition to the general application contents set forth above, applications for non-exempt developments shall include the following: (1) A written description of the proposed development including statements about: (a) How the proposed development shall be connected to the public water system, including information on main size and pressure; the excess capacity available in the public water system; the location of the nearest main; and the estimated water demand of the proposed development. (b) How the proposed development shall be connected to the public sewage treatment system; the access capacity available in the public sewage treatment system; the nearest location to the building site of a trunk or connecting sewer line; and the expected sewage treatment demand of the proposed development. (c) The type of drainage system proposed to handle surface, underground and runoff waters from the proposed development, and the effect of the development on historic drainage patterns. (d The type of fire protection systems to be used, (such as hydrants, sprinklers, wet standpipes, etc.); and the distance to the nearest fire station and its average response time. (e) The total development area of the proposed development; the type of housing or development proposed; total number of units and bedrooms, including employee housing; and a tabular analysis outlining the proposed development's compliance with the dimensional and use requirements of this Title. (f) The estimated traffic count increase on adjacent streets resulting from the proposed development; a description of the type and condition of roads to serve the proposed development; the total number of vehicles expected to use City of Aspen Land Use Code Page - 178 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 or be stationed in such development; the hours of principal daily use on adjacent roads; the on- and off -site parking to be supplied to the proposed development; location of alternate transit (bus route, bike paths, etc.); any automobile disincentive techniques incorporated in the proposed development; whether roads or parking areas will be paved; and methods to be used for snow and ice removal on streets and parking lots. (g) The method by which affordable housing will be provided, in conformance with the provisions of Section 26.520.020, and a description of the type and amount of such housing to be provided. (h) The type of stoves and fireplaces to be installed, including those using wood, coal, gas or other fuels, the number of such stoves and fireplaces, and any emission control devices used on the stoves or fireplaces. (i) The location of the proposed development relative to proposed or existing parks, playgrounds, schools, hospitals, airports, mass transit systems, and the estimated increased usage of such facilities by the proposed development. (j) The location of the proposed development relative to existing and proposed retail and service outlets, and the estimated increased demand on such outlets from the proposed development. This does not apply for a development application for comniercial/office development. (k) The effect of the proposed development on adjacent land uses. (1) The construction schedule for the proposed development, including, if applicable, a schedule for phasing construction. 2. A site utilization map including: (a) Preliminary architectural drawings in sufficient detail to show building size, height, materials, insulation, fireplaces, stoves, solar energy devices (demonstrating energy conservation or solar energy utilization features), type of units, internal configuration of principal, accessory and other spaces, and location of all buildings (existing and proposed) on the site. (b) Proposed landscaping, screening, attempts at preserving natural terrain and open space, amenities to be provided on -site, and proposed underground utilities. (c) Motor vehicle circulation, parking, bus and transit stops, and improvements proposed to insure privacy from such areas. City of Aspen Land Use Code Page - 179 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 (d) Any major streets or roads, pathways, foot, bicycle or equestrian trails, and greenbelts located on or adjacent to the site. (e) A general description and location of surrounding existing land uses, and an identification of the zone district boundary lines, if applicable. 3. Procedures for review. An application for non-exempt development requires a two step process: Review by the Growth Management Commission and final review by the City Council. (1) Step One - A public hearing before the Growth Management Commission. After the Community Development Director has determined that the application is complete, the application shall be forwarded to the Growth Management Commission for review and scoring at a public hearing. (a) Notice of the hearing shall be by publication, posting and mailing (See Section 26.304.060(E)). (b) The Growth Management Commission shall proceed as set forth at sub -Section 4, below (Ranking procedures and standards) and by resolution recommend to the City. Council the award of development allotments in accordance with said ranking procedures and standards. (2) Step two - A public hearing before City Council. Notice of the hearing shall be by publication, posting and mailing. (See Section 26.304.060(E)). The City Council, following a public hearing, shall by ordinance allocate GMQS allotments among eligible applicants. 4. Rankime procedures and standards. The following procedures for scoring applications shall be followed by the Growth Management Commission: a. The Chairperson of the Growth Management Commission may establish time limits for each part of the meeting prior to the beginning of the discussion. If oral presentations are limited due to time constraints, anyone may submit written testimony to the official record of the proceedings. b. The Community Development Director shall present a summary of his/her review of the application(s) based upon the scoring criteria. C. The applicant or applicant's representative may present comments regarding the application's consistency with the scoring criteria. d. Citizens in attendance at the public hearing, including other applicants competing for an allotment, shall be provided the opportunity to comment. City of Aspen Land Use Code Page - 190 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 e. Members of the Growth Management Commission may ask questions of the Community Development Director, applicant(s) or citizens, and make comments regarding the application(s). f. The chairperson shall close the public hearing. g. Initial Scoring: The Growth Management Commission shall score the application(s) on score sheets provided for this purpose and submit their individual scores to the Community Development Director for calculation of the overall score for the application(s). (1) The Growth Management Commission shall consider and score each application based on the scoring criteria in Section 26.470.090. The following scoring procedures shall be adhered to: Each Growth Management Commission member shall assign a whole number score (not a fractional number) to the project. ii. Following the initial scoring, commission members shall be free to discuss individual scores and to offer justification for such scores. h. Final Scoring: Following the close of Growth Management Commission discussions regarding initial scoring, a final scoring round will be held privately (without discussion), during which each Growth Management Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Growth Management Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. (1) After the close of the final scoring round, a project's final average score shall be calculated by (1) totaling the commissioners' individual scores and (2) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the four growth management scoring criteria of Sections 26.470.080(C)(1), 26.470.080(C)(2), 26.470.080(C)(3) and 26.470.080(C)(4), and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score calculated pursuant to this provision shall constitute the project's final score. (2) Projects shall be ranked in order of their final average scores. (3) The project rankings and any recommendations for the award of optional maximum allotments shall be forwarded to the City Council and Board of County Commissioners. City of Aspen Land Use Code Page - 181 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 5. Actions re aired or approval of allotments. Since the Growth Management Quota System applies throughout the Aspen Metro Area, no growth management allocation shall be awarded unless the City Council and Board of County Commissioners both accept the recommendation of the Growth Management Commission. The procedures governing challenges and appeals are set out in Sections 26.470.070(D) and (E). 6. Minimum scoring thresholds required for allocation. No growth management allocation shall be awarded to projects that do not receive a final average score of at least three points for each of the growth management scoring criteria of Sections 26.470.080(C)(1), 26.470.080(C)(2), 26.470.080(C)(3) and 26.470.080(C)(4). 7. Identical -point totals. In the event that two or more non-exempt development applications receive identical point totals, and one or more must be approved to the exclusion of others because insufficient allotments are available, the Growth Management Commission shall reconsider the tying projects and apply the following criteria, in sequence, until the tie is broken: a. The project that received the higher point total in the greatest number of scoring categories shall be considered first in eligibility for an allotment. b. The project that was awarded the greatest number of points for "revitalizing the permanent community" shall be considered first in eligibility for an allotment. C. The project that was awarded the greatest number of points for "providing transportation innovations" shall be considered first in eligibility for an allotment. d. The project that was awarded the greatest number of points for "promoting environmentally sustainable development" shall be considered first in eligibility for an allotment. D. Appeals 1. A eal of adverse determination by CommunLq Develo meat Director. An appeal from an adverse determination by the Community Development Director on an application for exempt development shall be to the Growth Management Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The Growth Management Commission may reverse, affirm, or modify the decision or determination of the Community Development Director based upon the application submitted to the Community Development Director. The decision of the Growth Management Commission shall constitute the final administrative action on the matter. 2. Appeal of adverse decision by the Growth Management Commission. a. Appeal. to City Council. Upon receipt of the Growth Management Commission's ranking of development applications, the City Council shall consider any appeals City of Aspen Land Use Code Page - 182 Revised 01/01/99 Part 400 — Development Review standards and Procedures Section 26.470.030 made by persons aggrieved by the scoring of the Growth Management Commission. The appeal procedures set forth at Chapter 26.316 shall apply. C. City Council review of appeal. In reviewing an appeal, the City Council shall consider the development applications based on the record established by the Growth Management Commission. If the City Council determines that there was a denial of due process or abuse of discretion, the City Council shall overturn the Growth Management Commission's scoring of the application. If the City Council affirms the scoring of the Growth Management Commission, that action shall constitute the final administrative order on the matter. The City Council shall take such action as it deems necessary to remedy the Growth Management Commission's action. Remedies available to City Council shall include, but not be limited to amending the number of points awarded or remanding the development application to the Growth Management Commission for re -scoring. The decision of City Council shall constitute the final administrative order on the matter. 3. Appeal of City Council or Board of County Commissioners decision to overturn Growth Manazement Commission scoring. a. Appeal to Joint City Council/Board of County Commissioners. A joint City Council/County Commissioners meeting shall be called within thirty (30) days of the date that the notice of appeal is filed. A quorum of the joint City Council/Board of County Commissioners shall be comprised of at least three members of the Aspen City Council and at least three members of the Pitkin County Board of County Commissioners. No meeting of the joint City Council/Board of County Commissioners shall be called to order without a quorum and no meeting at which less than a quorum is present shall act on an appeal other than to continue it to a date and time certain. All actions shall require the concurring vote of a simple majority of the members then present and voting. A tie vote by the joint City Council/Board of County Commissioners shall be deemed a decision to uphold the Growth Management Commission's scoring. The appeal procedures set forth at Chapter 26.316 shall apply. b. Joint City/County review of appeal. A joint City Council/County Commissioners meeting shall be called within thirty (30) days of the date that the appeal is filed. In reviewing an appeal, the joint City Council/Board of County Commissioners shall act on the basis of the record established by the Growth Management Commission. The appellant shall have the burden of persuasion in the appeal. The joint City Council/Board of County Commissioners shall affirm the scoring of the Growth Management Commission unless it determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, in which case the joint City Council/Board of County Commissioners shall take such action as it deems necessary to remedy the Growth Management Commission's action. Remedies available to the joint City Council/Board of County Commissioners shall include, but City of Aspen Land Use Code Page - 183 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 not be limited to amending the number of points awarded or remanding the development application to the Growth Management Commission for rescoring. The decision of the joint City Council/Board of County Commissioners shall constitute the final administrative order on the matter. E. Allocation. Following the conclusion of all appeals, the City Council shall, by ordinance, allocate development allotments among eligible applicants who meet the minimum threshold established in Section 26.470.090(B) or 26.470.100(B), as applicable, in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by this Chapter or any other regulations of the City. Those development applications that have not met the minimum threshold established in Section 26.470.090(B) or 26.470.100(B), as applicable, shall be denied. R Assignability and transferability of allotments. Development allotments shall not be assignable or transferable independent of the conveyance of the real property on which the development allotment has been approved. However, development allotments shall run with the land to which they are assigned. 26.470.090 Growth management scoring criteria - Residential and Tourist Accommodations. A. Applicability. The scoring criteria of this Section shall be used in evaluating all non- exempt residential and tourist accommodations development applications within the Aspen Metro Area. The criteria are based on the visions and goals of Aspen area residents, as expressed in the Aspen Area Community Plan. The criteria are universal in nature; they will be used in evaluating both residential and lodge development. It is recognized that different types of projects will be able to address the criteria in different ways and that not all of the specific objectives and sample implementation methods are applicable to all types of development. B. Scoring. Points shall be awarded for performance relative to each of the four scoring criteria. Possible scores for each criterion shall range from zero, the lowest possible score, to five, the highest possible score. It is recognized that small projects could be at a competitive disadvantage when scored against large-scale projects. It is intended, therefore, that projects be evaluated according to reasonable expectations given their size and scale. A score of zero (0) shall be awarded to projects that, although they had the opportunity to comply with scoring criteria and had the ability to advance stated community goals, will actually contribute nothing to implementation of the articulated vision and may, in fact, move the community further away from its stated goals. A score of three (3) indicates that a project will move the community closer toward attainment of its stated visions and make a positive contribution toward the implementation of articulated goals. A score of five (5) indicates that a project demonstrates exceptional sensitivity to the stated visions of the community and will result in significant movement toward implementation of those goals. Other scores along the continuum from zero to five will be awarded based on the degree to City of Aspen Land Use Code Page - 184 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 which projects will implement stated goals. Points may be awarded in whole numbers only (no fractions). No growth management allocation shall be awarded to projects that do not receive a final average score of at least three (3.0) points for each of the growth management scoring criteria of Sections 26.470.090(C)(1), 26.470.090(C)(2), 26.470.090(C)(3), and 26.470.090(C)(4). In the averaged scores, it is permissible for fractions to result, and rounding -off will not be required. C. Criteria. The four following community character -based scoring criteria are intended to encourage imaginative, innovative and flexible approaches to advancing the visions of Aspen area residents. Each criterion is presented in the form of general background and vision statements. Examples of methods that might be used to implement the vision follow the background and vision statements. It is recognized that some statements will have no relevance to certain types of projects; projects will not be penalized by low scores when that is the case. Moreover, the list of possible implementation methods does not exhaust the range of possible actions for which points will be awarded. Those wishing to explore other possible means of advancing stated goals are encouraged to review the Aspen Area Community Plan and to consult with representatives from the Community Development Department. 1. Revitalizing the i2ennanent community. Residents of the Aspen area have long recognized the need to preserve the community's character and identity as more than just a resort, a collection of second homes and a tourist shopping mecca. They recognize that a "critical mass" of permanent residents and local -serving businesses is necessary to make any community function. They recognize, too, that the vitality brought to the Aspen area by full-time residents is being seriously diluted by the inability of working people to live in their own community. As a result of these concerns, one of the community's central goals is to create a community with a size, density and diversity that encourages interaction, involvement and vitality and one that provides opportunities for its workers to become a permanent part of the social fabric. These are a variety of ways in which a project might address the goal of revitalizing the permanent community, including, but not limited to the following: a. providing high -quality, on -site, affordable housing for permanent residents consistent with the Housing Authority Guidelincs; b. providing site -appropriate mixing of free market and affordable housing for efficient provision of services such as transit, and for discouraging site planning that segregates affordable and free market units; c, creating affordable dwelling units through buy -downs or conversion of existing free market units; and City of Aspen land Use Code Page - 185 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 d. providing "locally -serving commercial space/businesses." 2. Providing trans ortation alternatives. Reducing dependency on the automobile is vital for the long-term livability and health of the Aspen area. The Aspen Area Community Plan envisions a time in the not -too -distant future when the automobile is not the dominant means of moving people in and around the community. The Aspen Area Community Plan seeks a balanced, integrated transportation system for residents, visitors and commuters that reduces traffic congestion and air pollution. These are a variety of ways in which a project might address the goal of providing transportation alternatives, including, but not limited to the following: a. reducing the need for private vehicles as a form of transportation; b. facilitating and encouraging year-round pedestrian transportation; C. helping to implement a valley -wide mass transit system; d. providing needed improvements to the existing RFTA system; e. increasing the number of available transportation choices; f. creating a less congested downtown core; g. helping to implement the transportation planning policies of the AACP and the Aspen to Snowmass transportation plan; h. altering land use patterns to accommodate and contribute to a more efficient and effective transit system; i. creating, improving or expanding public commuter trails, walkways or bikeway facilities that are consistent with the goals of the AACP and associated plans, such as the pedestrian/bikeway plan; j. locating developments near transit facilities; k. providing on -going transportation to and from the airport, ski areas and shopping areas; 1. providing on -going employee transportation services such as van pools or buses at no cost to employees; in. providing bicycle parking, showers and lockers for employees; and n. providing secure bicycle storage for guests and employees. City of Aspen Land Use Code Page - 186 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 3. Promoting environmentally sustainable devela men . The natural environment is one of the community's greatest assets. As a result, only that development that is environmentally sensitive and that promotes individually responsible, ecological lifestyles shall be allowed. This sub -Section seeks to foster a high level of consciousness relative to resource conservation, wildlife protection and environmental sustalnability. These are a variety of ways in which a project might address the goal of promoting environmentally sustainable development, including, but not limited to the following: a. orienting building sites, streets and other project features in order to maximize potential for use of solar energy and other renewable energy resources; b. protecting and preserving existing trees and other mature vegetation during and after the construction process; C. using fewer or cleaner wood -burning devices than allowed by law; d. removing or replacing existing, dirty wood -burning devices; e. increasing community access to natural and open space areas; f. promoting community recycling efforts; g. landscaping with low -water -use plant materials and using chemical -free landscape maintenance techniques; h. employing measures that reduce PM,o levels in the non -attainment area; i. preserving and efficiently using environmental resources during all phases of development, including types of materials used and future energy and material needs of the project; j. completely avoiding ridgeline development and natural hazard areas as defined in Section 24.65.1.103, C.R.S.; k. enhancing existing wildlife habitat; and 1. complying with the letter and spirit of Chapter 26.435, Environmentally Sensitive Areas, as applicable. 4. Maintaining desien quality, historic compatibility and community_character. Design within the larger historic setting of the community is important as it is a vital component of the community's economic well-being and cultural heritage. Public architecture City of Aspen Land Use Code Page - 187 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 should support and enhance community life. The goal of this sub -Section is to ensure the maintenance of community character through design quality and compatibility with historic features. There are a variety of ways in which a project might address the goal of maintaining design quality, historic compatibility and community character, including, but not limited to the following: a. restoring Landmark structures and structures listed in the inventory of historic structures; b. improving and maintaining the appearance and function of alleys for commercial, office and residential uses; C. ensuring design compatibility with existing buildings in the vicinity of the proposed project, in terms of scale, massing, building materials, fenestration, other architectural features, and open space; d. including porches or other "pedestrian -friendly" features; e. retaining and promoting eclectic and diverse businesses along Main Street that maintain and enhance the special character of the historic district; f. ensuring the site's usability for social activities. D. Additional criteria for City Council review of multi year development allotment requests. The Growth Management Commission may recommend and the City Council may award optional multi -year maximum allotments as part of its ranking and allocation review conducted pursuant to the procedures of Section 26.480.070(C). In addition to the criteria of sub -section (C), above, requests for optional multi -year maximum allotments (which are reserved for exceptional non-exempt projects that exceed the minimum score for an allotment or for exceptional exempt projects located in the AH/PUD zone district) shall also be reviewed against the following standards: 1. Community planning criteria. In order to be eligible for the award of optional multi- year maximum allotments, projects shall be required to demonstrate to the satisfaction of the Growth Management Commission and City Council that all of the following criteria have been met. a. The quality of the proposed development substantially exceeds that established in the minimum threshold for the scoring established in Section 26.470.080(C)(5); b. The proposal maximizes affordability, consistent with housing needs established as priority through the current Affordable Housing Guidelines; City of Aspen Land Use Code Page - 188 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 C. The proposal integrates a mixture of economic levels and housing for a variety of lifestyles (e.g., singles, seniors and families); d. The proposal minimizes impacts on infrastructure by incorporating innovative, energy -saving site design, structural design characteristics or other techniques that minimize the use of water, heating and sewage disposal; e. The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local businesses); f. The proposal accomplishes a level of design and site plan ingenuity that advances the community goals expressed in the Aspen Area Community Plan; and g. The proposed project represents an exceptional commitment to advancing the visions, goals and specific action items of the Aspen Area Community Plan, particularly those described in the scoring criteria of this Chapter (Sections 26.470.080(C)(1), 26.470.080(C)(2), 26.470.080(C)(3) and 26.470.080(C)(4)). 2. Optional multi -year allotments. After consideration of the recommendations of the Growth Management Commission, City Council may award optional (multi -year) allotments if a project complies with the Community Planning Criteria, above, as well as the following standards: a. The site design of the proposed development makes construction phasing infeasible. This requires but is not limited to a demonstration that economies of scale will result from construction occurring at once; the proposed development is intended as a single building that cannot easily be constructed or operated in phases; and the public facility investments for the proposed development, such as roads, water and sewer facilities, must all be installed at the initiation of the project, making phasing economically unrealistic; b. The impacts of construction of the proposed development on the surrounding neighborhood and the Aspen Metro Area as a whole will be reduced by construction at one time rather than phasing it over two (2) or more construction periods; and c. The community is capable of absorbing the accelerated rate at which impacts on services and public facilities will be experienced. It shall be considered sufficient evidence of service and public facility availability if it can be demonstrated that sufficient capacity is available in the following public facilities to accommodate the Aspen Metro Area's planned rate of growth and the accelerated rate due to the proposed development: Transportation (including airport, roads, transit and parking), utilities (including water, sewer, electric, gas and drainage), affordable housing, park and recreation facilities, solid waste facilities, police and fire protection facilities, hospitals and schools. City of Aspen Land Use Code Page - 189 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 26.470.100 Growth Management Scoring Criteria - Commercial and Office development. A development application requesting development allotments for commercial or office development shall be assigned points by the Growth Management Commission pursuant to the following standards and point schedules: A. Applicability. The scoring criteria of this Section shall be used in evaluating all non- exempt commercial and office development applications within the Aspen Metro Area. The criteria are based on the visions and goals of Aspen area residents, as expressed in the Aspen Area Community Plan. The criteria are universal in nature; they will be used in evaluating both commercial and office development. It is recognized that different types of projects will be able to address the criteria in different ways. B. Scoring. A development application for a commercial or office allotment shall be required to meet all of the following thresholds to be eligible for an allocation: 1. The proposed development shall be required to receive a minimum of sixty (60) percent of the total points available under Sections 26.470.100(A) and (B); and 2. The proposed development shall be required to receive a minimum of forty (40) percent of the points available under each of Section 26.470.100(A) and (B); and 3. The proposed development shall be required to provide affordable deed restricted housing (according to the standards of the Affordable Housing Guidelines) for a minimum of sixty (60) percent of the employees generated by the proposed development using the standards of Section 26.470.100(C). C. Criteria. 1. Quality of design (maximum eighteen (18) points). Each development application shall be rated based on the exterior quality of its buildings and the quality of its site design, and assigned points according to the following standards and considerations: 0 -- A totally deficient design; 1 -- A major design flaw; 2 -- An acceptable (but standard) design; or 3 -- An excellent design. The following features shall be rated accordingly: a. Architectural design (maxiinui a three 3points. Considering the compatibility of the proposed development (in terms of scale, siting, massing, height, and building materials) with existing, neighboring developments. City of Aspen Land Use Code Page - 190 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 b. Site design (maximum three L2points�, Considering the quality, character, and appropriateness of the proposed layout, landscaping, and open space areas, the amount of site coverage by buildings, the extent of underground utilities, and the arrangement of improvements for efficiency of circulation, including access for service, increased safety and privacy, and provision of snow storage areas. C. Energy conservation (maximum three (3) points). Considering the use of passive and/or active energy conservation techniques in the construction and operation of the proposed development, including but not limited to insulation, glazing, passive solar orientation, efficient heating and cooling systems and solar energy devices; the extent to which the proposed development avoids wasting energy by excluding excessive lighting and inefficient wood burning devices; and the proposed development's location with regard to the potential for solar gain to result in energy conservation. d. Amenities (maximum three (3) points). Considering the provision of usable open space, pedestrian and bicycle ways, benches, bicycle racks, bus shelters, and other common areas for users of the proposed development. e. Visual impact (maximum three (3) paints). Considering the scale and location of the building(s) in the proposed development to prevent infringement on designated scenic viewplanes. f. Trash and utility access areas (maximum three ULpointd Considering the extent to which required trash and utility access areas are screened from public view; are sized to meet the needs of the proposed development and -to provide for public utility placement; can be easily accessed; allow trash bins to be moved by service personnel, provide users with recycling bins, and provide enclosed trash bins, trash compaction or other unique measures. 2. Availability of public facilities and services (maximum ten (10) points). Each development application shall be rated on the basis of its impact upon public facilities and services by the assigning of points according to the following standards and considerations: 1 requires tli.c provisior of new. public ilities sp,de by ilitics wid services in klle area witliout increased, ui1due public expeii se. City of Aspen Land Use Code Page - 191 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 In those cases where points are given for the simultaneous evaluation of two (2) services (i.e., water supply and fire protection) the determination of points shall be made by averaging the scores for each feature. a. Water Mpyly&re protection maximum two (2) 12oints . Considering the ability of the water supply system to serve the proposed development and the applicant's commitment to install any water system extensions or treatment plant or other facility upgrading required to serve the proposed development. Fire protection facilities and services shall also be reviewed, considering the ability of the appropriate fire protection district to provide services according to established response times without the necessity of upgrading available facilities; the adequacy of available water pressure and capacity for providing fire fighting flows; and the commitment of the applicant to provide any fire protection facilities which may be necessary to serve the proposed development b. SaniLaa sewer maximum two 2 oints . Considering the ability of the sanitary sewer system to serve the proposed development and the applicant's commitment to install any sanitary system extensions or treatment plant or other facility upgrading required to serve the proposed development. C. Public trans ortationlroads maximum two 2 points), Considering the ability of the proposed development to be served by existing public transit routes. The review shall also consider the capacity of major streets to serve the proposed development without substantially altering existing automobile and pedestrian traffic patterns, creating safety hazards or maintenance problems, overloading the existing street system or causing a need to extend the existing road network and consider the applicant's commitment to install the necessary road system improvements to serve the increased usage attributable to the proposed development. d. Storm drains a maximum two 2 points). Considering the degree to which the applicant proposes to maintain historic drainage patterns on the development site. If the development requires use of the City's drainage system, the review shall consider the commitment by the applicant to install the necessary drainage control facilities and to maintain the system over the long-term. e. Parking (maximum_ nvo (2) ❑oints). Considering the provisions of parking spaces to meet the commercial, office, and/or residential needs of the proposed development as required by Chapter 26.515, and considering the design of the parking spaces with respect to their visual impact, amount of paved surface, convenience, and safety. City of Aspen Land Use Code Page - 192 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 3. Provision of affordable housing (maximum fifteen (15) points). a. General. Each development application shall be assigned points for the provision of housing which complies with the housing size, type, income and occupancy guidelines of the City, and with the provisions of the Affordable Housing Guidelines. b. Assi nment of points. Points shall be assigned as follows: (1) Zero (0) to sixty (60) percent of the additional employees generated by the proposed development: One (1) point for each six (6) percent housed; (2) Sixty-one (61) to one hundred (100) percent of the additional employees generated by the proposed development: Ten (10) points for the first sixty (60) percent housed, plus one (1) point for each additional eight (8) percent housed. The following standard shall be used in calculating the number of full-time equivalent employees generated by the proposed development: Commercial Core (CC) and Commercial (C-1): 150 to 5.25 employees/1,000 sq. ft. (net leasable), based on review of the City Council's housing designee; Neighborhood Commercial (NC) & Service/Commercial/Industrial (S/C/1): 2.30 employees/1,000 sq. ft. (net leasable); Commercial Lodge (CL) and other: 3.00 employees/1,000 sq. ft. (net leasable); 3.50 employees/1,000 sq. ft. net leasable). If it is determined that the proposed development generates no new employees, it shall be awarded the full fifteen (15) points available within this Section. In order to determine the percentage of employees generated by the proposed development who are provided with housing, the commission shall use the following criteria: Studio: 1.25 residents; One -bedroom: 1.75 residents; City of Aspen Land Use Code Page - 193 Revised 0 1/0 1/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 4. Bonus points (maximum four (4) points). Bonus points may be assigned when it is determined that a proposed development has not only met the substantive standards of Sections 26.470.100(A) through (C), but has also exceeded the provisions of these Sections and achieved an outstanding overall design meriting recognition. An award of additional bonus points shall not exceed ten (10) percent of the total points awarded under Sections 26.470.100(A) through (C). Any commission member awarding bonus points shall provide a written justification of that award for the public hearing record. D. Additional standards for City Council review of multi: year development allotment requests. In order to be eligible for the award of allotments from future years under this Section, it shall be necessary to demonstrate compliance with all of the following standards: 1. The quality of the proposed development substantially exceeds that established in the minimum threshold for the scoring established in Section 26.470.100(B)(1) and (3), by receiving at least sixty-seven (67) percent of the points cumulatively available at the time of its scoring by the commission. 2. The site design of the proposed development makes construction phasing infeasible. This requires but is not limited to a demonstration that beneficial economies of scale will result from construction occurring at once; the proposed development is intended as a single building which cannot easily be constructed or operated in phases; and the public facility investments for the proposed development such as roads, water and sewer facilities, must all be installed at the initiation of the project, making phasing economically unrealistic. 3. The impacts from construction of the proposed development on the surrounding neighborhood will be reduced by construction at one time rather than phasing over two or more construction periods, and such impacts can be tolerated by the City. 4. The City is capable of absorbing the accelerated rate at which impacts on its services and public facilities will be experienced. It shall be considered sufficient evidence of service and public facility availability if it can be demonstrated that sufficient capacity is available in the following public facilities to accommodate the City's planned rate of growth and the accelerated rate due to the proposed development: transportation (including airport, roads, transit, pedestrian facilities, and parking), utilities (including water, sewer, electric, gas, and drainage), affordable housing, park and recreation facilities, solid waste facilities, police and fire protection facilities, hospitals and schools. City of Aspen Land Use Code Page - 194 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 5. It can be demonstrated that granting allotments from future years will be in support of the goal of community balance. 26.470.110 Amendment of development order. Any request to change an element of a development order authorizing a development allotment or any substantial change to a condition or representation of an original development allotment shall constitute an amendment subject to the requirements of this Section. A. Exception. The following activities shall be exempt from these amendment procedures, provided they are reviewed and approved by the Community Development Director prior to construction, except as allowed for during actual development under (2), below: 1. Any change required to be made to a development order to respond to conditions imposed upon the proposed development by the Growth Management Commission or the City Council during the review of other development applications relevant to the proposed development; and 2. Any insubstantial modification to the development order, which shall be limited to technical or engineering considerations first discovered during actual development that could not reasonably be anticipated during the review process, or any other minor change that the Community Development Director finds has no effect on the conditions and representations made during the original project review. B. Prohibition. In no event shall the following activities be approved as an amendment to a resolution or ordinance approving a development allotment or to the conditions of such an approval: 1. Any proposed change to a development application prior to its receipt of a development order. A development application that has not yet received a development order shall only be amended for purposes of clarification or technical correction. 2. Any proposal that would change the use of the proposed development between residential, commercial, or lodge. 3. Any proposal that the City Council determines to be inappropriate by finding that it renders the proposal a new application, and not an amendment, or by finding it to be inconsistent with any action taken during the original project review. C. Procedure for review. An application to amend a resolution or ordinance approving a development allocation requires a two step process: review by the Growth Management Commission and final review by the City Council. City of Aspen land Use Code Page - 195 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 1. Step One - A public hearing before the Growth Management Commission. After the Community Development Director has determined that the application is complete, the application shall be forwarded to the Growth Management Commission for review and the Commission shall (a) accept the recommendations of the Community Development Director for re -scoring; (b) re -score the application itself; (c) consider whether any conditions shall apply, or if any proposed activities are prohibited; and, (d) forward its recommendations to the City Council. Notice of the hearing shall be by publication, posting and mailing (See Section 26.304.060(E)). The Growth Management Commission shall, by resolution, recommend to the City Council any amendments to the development allocation. 2. Step two - A public hearing before City Council. Notice of the hearing shall be by publication, posting, and mailing. (See Section 26.304.060(E)). The City Council, following a public hearing, shall (a) consider any challenges by the applicant; and, (b) either affirm the allotment to the proposed development, with any conditions that may apply, or deny the requested amendment, in which case the original allotment shall stand. D. Application contents. Applicants for amendments to approved projects shall be required to submit a complete application consisting of the following materials: 1. A written description of the proposed amendment, including a category -by -category evaluation of whether the proposed development will continue to meet or is proposing to change its previous commitments. 2. Site drawings prepared with the equivalent level of detail to those submitted with the original application depicting the architecture, site design, proposed landscaping, building locations, and utility, road and parking installations as originally approved and as proposed for amendment. E. Standards. In determining whether or not to grant an amendment, the Growth Management Commission and City Council shall compare the scores awarded by the Growth Management Commission to the original approval and to the proposed amendment. The development allotment shall be amended if the City Council determines that the score under each criteria of Section 26.470.100(C) awarded to the amended project is equal to or greater than that awarded to the originally approved development. 26.470.120 Development order - Expiration A. Receipt of development order. Developments that have been awarded allotments under the provisions of this Growth Management Quota System shall be eligible to receive a development order on the date of approval of the project's final subdivision, Planned Unit Development (PUD), Specially Planned Area (SPA), or other requisite development approvals, whichever is the latest date. City of Aspen Land Use Code Page - 196 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.470.030 B. Expiration. 26.304.070(D). Development allotments shall expire as set forth at Section City of Aspen land Use Code Page - 197 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 Chapter 26.480 SUBDIVISION Sections: 26.480.010 Purpose. 26.480.020 Applicability and prohibitions. 26.480.030 Exemptions. 26.480.040 Procedures for review. 26.480.050 Review standards. 26.480.060 Application. 26.480.070 Subdivision agreement. 26.480.080 Amendment to subdivision development order. 26.480.090 Condominiumization. 26.480.010 Purpose. The purpose of this Chapter is to: (a) assist in the orderly and efficient development of the City; (.b) ensure the proper distribution of development; (c) encourage the well -planned subdivision of land by establishing standards for the design of a subdivision; (d) improve land records and survey monuments by establishing standards for surveys zind plats; (e) coordinate the construction of public facilities with the need for public facilities; (f) safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; (g) acquire and ensure the maintenance of public open spaces and parks; (h) provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features, or edges of rivers and other bodies of water; and (i) promote the health, safety and general welfare of the residents of the City of Aspen. 26.480.020 Applicability and prohibitions. This Chapter shall apply to the subdivision of all land in the City of Aspen, unless it is exempted pursuant to Section 26.480.030. A. General prohibitions. 1. it shall be unlawful for any person to develop, lease, or sell any parcel of land, including any separate interest in a parcel of land (including leasehold interest or condominium interest) in the City of Aspen until it has been subdivided and a plat recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of this Chapter. 2. A written agreement to sell or lease an interest in a parcel of land which is expressly conditioned upon full compliance by the seller with this Chapter within a specified period of time, and which expressly recites that seller's failure to satisfy such condition City of Aspen Land Use Code Page - 198 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration paid by the buyer, shall not constitute a violation of this Chapter. & Development allotment. No development order for a subdivision shall be approved pursuant to the provisions of this Chapter unless the applicant has been awarded a development allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth Management Quota System. C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired to create or extend a nonconformity, or to avoid or circumvent any provision of this Chapter. D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot for conveyance or construction, unless the application has been made pursuant to the terms of this Chapter. E. Aspen Townsite lots. If two (2) or more lots within the original Aspen Townsite or additions thereto have continuous frontage and are in single ownership (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. 26.480.030 Exemptions. The following development shall be exempted from the terms of this Chapter: A. General exemptions. 1. Lot line ad'ustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and C. It is demonstrated that the request is to address specific hardship; and City of Asp• i Land Use Code Page - 199 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 d. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and e. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. 2. Lot split. The split of a lot for the purpose of the development of one detached single- family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant - to Section 26.100.050(A)(2)(c). C. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(1)(a). d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. City of Aspen Land Use Code Page - 200 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. 3. Approved subdivision. All subdivisions approved prior to the effective date of this Chapter, except those lots contained within an approved subdivision which are intended or designed to be re -subdivided into smaller lots, condominium units, or multi -family dwellings. 4. Historic Landmark Lot Split. The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a. The original parcel shall be a minimum of nine thousand (9,000) square feet in size and be located in the R-6 zone district or a minimum of thirteen thousand (13,000) square feet and be located in the R-15A zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. C. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. 26.480.040. Procedures for review. A development application for a subdivision approval, or exemption shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. A. Lot line adjustment. After an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. B. Exempt subdivisions. 1. Steps required: One - a public hearing before City Council. 2. Notice requirements: None except for an application for a lot split which shall require publication, mailing and posting (See 26.304.060(E)(3)(a),(b) and (c).) City of Aspen land Use Code Page - 201 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 3. Standards of review: Section 26.480.050. 4. City Council action.: Ordinance approving, approving with conditions, or disapproving application for subdivision exemption. C. Subdivisions. Approval of a development order for a subdivision shall require review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval, or approval with conditions by the City Council. This application may be consolidated with a development application for conditional use, special review, ESA review, GMQS allotment, code amendment and/or rezoning. 1. Step One - Public Hearing before Planning and Zoning Commission. a. Purpose: To determine if application meets standards for subdivision. b. Notice requirements: Publication, posting and mailing. (See 26.52.060(E)). C. Standards of review: Section 26.480.050. d. P&Z action: Resolution recommending approval, approval with conditions, or disapproval of subdivision. 2. Step Two - Public Hearing before City Council. a. Purpose: To determine if application meets standards for subdivision. b. Notice requirements: None, except requisite notice requirements for adoption of an ordinance by City Council. C. Standards of review: Section 26.480.050. d. City Council action: Ordinance approving, approving with conditions, or disapproving subdivision. 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. City of Aspen Land Use Code Page - 202 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 C. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. D. Affordable housing_ A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. 26.480.060 Application. A. Review by the Planning and Zoning Planning and Zoning Commission. The contents of a development application for a subdivision approval for review by the Planning and Zoning Commission shall include the following: City of Aspen Land Use Code Page - 203 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 1. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. 2. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 3. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards of this Chapter and this Title, and shall contain the following itemized information: a. The name of the proposed subdivision, which shall not be the same or similar to any name used on a recorded plat in Pitkin County, Colorado. b. The name, address, and telephone number of the owner/applicant, designer of the proposed subdivision, and the licensed surveyor. C. The location and boundaries of the proposed subdivision. d. A map showing the existing and proposed contours of the land in the proposed subdivision at two -foot intervals, where the slope is less than ten (10) percent, and five-foot intervals where the slope is ten (10) percent or greater, and the designation of all areas with slope greater than thirty (30) percent. e. The location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision. f. The location and dimensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use in the proposed subdivision. g. The location, size, and type of existing vegetation and other natural landscape features, and the proposed limits of any excavation or regrading in the proposed subdivision, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (4 1/2) feet above the ground, and an indication of City of Aspen Land Use Code Page - 204 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located. h. The designation of all areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the one -hundred -year floodplain. i. Such additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters as may be required by the planning agency or other reviewing agency. j. Such other information as may be required by the planning agency or other reviewing agency in order to adequately describe proposed utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable of being constructed without an adverse effect upon the surrounding area. k. Site data tabulation listing acreage of land in the proposed subdivision, number, type and typical size of lots, structures and/or dwelling units; number of bedrooms per dwelling unit; ground coverage of proposed structures and improvements including parking areas, streets, sidewalks and open space, and the amount of open space that is being provided pursuant to Section 26.480.040(C)(5)(a). 1. In the case of a division of land into condominium interests, apartments or other multi -family or time-share dwelling units, the location of all proposed structures, parking areas, structures and/or areas for common use. M. Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch plan for such other lands shall be submitted, and the proposed streets, utilities, easements, and other improvements of the tract under review shall be considered with reference to the proposed development of the adjacent holdings. n. Letters from the public or private utility companies that will service the proposed subdivision with gas, electricity, telephones, sanitary sewer, water, and fire protection facilities stating they can service the proposed subdivision. 4. GIS Data. All subdivision applications shall submit the requirements specified in section 26.480.040(C) and section 26.480.040(D) in a digital format acceptable to the Community Development Department. Base information shall be obtained from the Community Development Department. B. Review by City Council. Subsequent to review by the Planning and Zoning Commission and prior to review of the development application for plat by the City Council, the applicant shall submit the following additional application contents: City of Aspen Land Use Code Page - 205 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 1. A final plat drawn with permanent ink on reproducible linen or mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include: a. Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). b. A systematic identification of all lots and blocks and names for all streets. C. Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. d. An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. e. A written survey description of the area including the total acreage to the nearest one - thousandth (0.001) of an acre. f. A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. 2. A statement by the land surveyor explaining how bearings, if used, were determined. 3. A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time. 4. A certificate by a corporate Title insurer, that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. 5. Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission. 6. A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the mayor and attestation by the city clerk. City of Aspen Land Use Code Page - 206 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 7. A certificate of filing for the Pitkin County Clerk and Recorder. 8. Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. 9. A landscape plan showing location, size, and type of proposed landscape features. 10. Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 11. Any agreements with utility or ditch companies, when applicable. 12. Any subdivision agreements as required by this Chapter. 26.480.070 Subdivision agreement. A. General. Prior to approval of a subdivision, the applicant and City Council shall enter into a subdivision agreement binding the subdivision to any conditions placed on the development order. B. Common park and recreation areas. The subdivision agreement shall outline any agreement on the part of the applicant, to deed public lands, open space, public facilities, and other improvements to the city or other entity. C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan, the City Council may require the applicant to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the City Engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee 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 thcreon by any party. As portions of the landscaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. City of Aspen Land Use Code Page - 207 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 D. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the subdivision, the City Council shall require the applicant to provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in Section 26.480.050(c) and may be drawn upon by the city as specified therein. As portions of the public facilities improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except ten (10) percent which shall be withheld until all proposed improvements are completed and approved. E. Recordation. The subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. 26.480.080 Amendment to subdivision development order. A. Insubstantial amendment. An insubstantial amendment to an approved plat or between adjacent subdivision plats may be authorized by the Community Development Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Development Director finds has no effect on the conditions and representations limiting the approved plat. B. Other Amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by the City Council if good cause is demonstrated. City of Aspen Land Use Code Page - 208 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 26.480.090 Condominiumization. A. General. Where a proposed development is to include a condominium form of ownership, or if an existing development is to be converted to a condominium form of ownership, in whole or in part, a condominium subdivision plat reflecting all condominiumized units, or that portion of the development to be condominiumized, shall be submitted to the Community Development Director for review and approval as a subdivision pursuant to the terms and provisions of this section. B. Procedure. A development application for a condominiumization shall be reviewed pursuant to the procedures and standards in this section and Common Development Review Procedures set forth at Chapter 26.304. 1. Contents of A lication. The contents of a development application for a condominium or condominiumization shall include the following: a. The general application information required in Common Development Review Procedures set forth at Section 26.304.030. b. A condominium subdivision plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1-1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include: (1) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). (2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. If it is necessary to place the plat on more than one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the condominium project as it relates to the rest of the city and the street system in the area of the proposed condominium. (3) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. City of Aspen Land Use Code Page - 209 Revised 01/01/99 Part 400 — Development Review Standards and Procedures Section 26.480.090 (4) A statement by the land surveyor explaining how bearings, if used, were determined. (5) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from time to time. (6) A certificate by a corporate Title insurer, that the person or person dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. (7) Certificates showing approval of the final plat by the City Engineer and Community Development Director. (8) A certificate of filing for the Pitkin County Clerk and Recorder. (9) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. 2. Recordation. The approved condominium subdivision plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 3. Subdivision Agreement. No subdivision agreement need be prepared or entered into between the applicant and the city pursuant to a condominium or condominiumization approval unless the Community Development Director determines such an agreement is necessary. 4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the City Council as a condition of condominiumization approval prior to July 1, 1992, shall only be modified or removed with the consent of the City Council. City of Aspen Land Use Code Page - 210 Revised 01/01/99