HomeMy WebLinkAboutcoa.lu.ca.Historic Preservation.A106-98
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CASE NAME
PROJECT ADDRESS
PLANNER
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OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
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ADMIN ACTION
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DATE CLOSED
BY
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A 106-98
CODE AMENDMENT
Historic Preservation Procedures Code Amendment
n/a
Amy Guthrie
Code Amendment
City of Aspen
1/11/99
Ord.44-1998
Approved
6/28/02
J. Lindt
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MEMORANDUM
TO:
Mayor and Council 1\\ \ 1 /
Amy Margerum, City Manager~
Julie Aun Woods, Community Development Directo
Amy Guthrie, Historic Preservation Officer /:b'
THRU:
THRU:
FROM:
RE:
Text Amendment, Sections 26.20.030, 26.52, and 26.72 of the Aspen
Municipal Code, to eliminate the distinction between HPC review
authority, over landmark and non-landmark properties listed on the
Inventory of Historic Sites and Structures, Second Reading of Ordinance
#44, Series of 1998
DATE:
January 11, 1999 (Continued from December 14, 1998)
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SUMMARY: The Planning staff and the Planning and Zoning Commission recommend
amendments to Sections 26.20.030, 26.52, and 26.72 of the Aspen Municipal Code, to
eliminate the distinction between HPC review authority over landmark and non-landmark
properties listed on the Inventory of Historic Sites and Structures. The code amendment
was identified as a priority in the Aspen Area Community Plan and the HPC Symposium
held in August 1998.
City Council approved Ordinance #44, Series of 1998 on First Reading on October 26,
1998. Prior to second reading, written notification of the proposed text amendment was
sent to all owner's of property listed on the Historic Inventory. Six owner's telephoned,
but none expressed interest in attending the meeting or providing written comments after
discussing the code amendment with staff.
The "Inventory of Historic Sites and Structures" contains 260 properties. 71 of these are
located within historic districts and therefore have full HPC review for redevelopment as
either a "minor" or "significant" project dependent on the scope of work. 87 others are
landmark sites outside of the historic districts and have the same stringent HPC
protection. Redevelopment of the remaining 102 non-landmark sites is reviewed only in
terms of any amount of demolition or relocation proposed. (It should be noted that the
HPC program has been set up to encourage property owners to choose to landmark by
offering incentives to do so. This system has worked well, but there are numerous
significant properties which remain unlandmarked because the owner hasn't chosen to
landmark the property.)
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For the review of a non-landmark property, a public hearing is currently not required
(unless an off-site relocation or total demolition is proposed) and the review standards,
particularly for partial demolition, only allow HPC a general mass and scale review of
any new construction. If a completely detached structure is proposed on a non-landmark
site (so that there is no amount of demolition to the historic structure) there is no HPC
review.
The HPC feels strongly that all of the properties on the historic inventory should have
equal protection and review. All projects with a scope beyond minor alterations should
be reviewed in a two step process; conceptual and final, with a public hearing at
conceptual. This will allow HPC the greatest protection and scrutiny over major
alterations to historic sites, and will require public notice. Also, requiring review at a
conceptual stage on all projects may save applicant's time and money by allowing HPC
to give feedback before the design has progressed too far.
The standards related to demolition, partial demolition and on or off-site relocations will
still be used, in conjunction with the broader HPC standards for compatibility of new
additions.
Staff and P&Z recommend Council approve the proposed code amendments related
to historic inventory properties, as described in "Exhibit B," of the memo provided
from Amy Guthrie dated January 11, 1998, and incorporated into Ordinance #44,
Series of 1998. As part of their motion recommending approval, the Planning and
Zoning Commission also requested that Council direct staff to examine the existing
code language with regard to the ability to demolish and reconstruct a non-
conforming structure (a provision which relates to historic and non-historic
buildings) and the incentive program for historic properties. Also, at Council's
request, Section 26.72.040, Appeal and call up, has been amended to provide City
Council 30 days, rather than 14 days to call up for review any decision of the
Historic Preservation Commission. Notice of the HPC decision will be provided to
Council in the form of the approved Resolution.
TEXT AMENDMENT: See Exhibit B, Proposed Amendments. Three areas of the
code are impacted, Section 26.20.030 Powers and Duties of the Historic Preservation
Commission, Section 26.52 Common Development Review Procedures, and Section
26.72 Development in an "H," Historic Overlay District, or involving the Inventory of
Historic Sites and Structures.
STANDARDS FOR REVIEW: In reviewing an amendment to the text of this title or an
amendment to the official zone district map, the city council and the commission shall
consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Response:
The amendment is not in conflict with any applicable portions ofthis title.
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B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The proposed amendment is consistent with a goal of the AACP:
"Amend the City Code to require review of alterations and additions to all historic
resources identified on the Aspen Inventory of Historic Sites and Structures," as well as
the intent statement of the Design Quality and Historic Preservation Action Plan: "To
ensure the maintenance of character through design quality and compatibility with
historic features."
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood characteristics.
Response: The proposed amendment does not create a new land use or density. The
intention is to help development, as it affects historic structures, to fit in with the
neighborhood characteristics.
D. The effict of the proposed amendment on traffic generation and road
safety.
Response:
The amendment will have no impact on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Response: The proposed amendment will have no impact on public facilities or
services, however, staff can anticipate additional caseload associated with the upgrading
of the review authority of the HPC.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The proposed amendment will not cause adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: The amendment will require that modifications to all historically
designated structures, landmark or non-landmark, preserve the community character of
Aspen.
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H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed amendment.
Response: The amendment does not affect a particular parcel or neighborhood. The
community has seen on-going and sometimes substantial alterations to historic structures.
The amendment will help address those resources which are currently not sufficiently
protected.
L Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this title.
Response: The proposed amendment is in harmony with the public interest as
expressed through the AACP and the HPC Symposium, the forty attendees of which
made this code amendment a high priority.
STAFF RECOMMENDATION: Staff and P&Z recommend Council approve the
proposed code amendments related to historic inventory properties, as described in
"Exhibit B," of the memo provided from Amy Guthrie dated January 11, 1998, and
incorporated into Ordinance #44, Series of 1998. As part of their motion recommending
approval, the Planning and Zoning Commission also requested that Council direct staff to
examine the existing code language with regard to the ability to demolish and reconstruct
a non-conforming structure (a provision which relates to historic and non-historic
buildings) and the incentive program for historic properties.
RECOMMENDED MOTION:
Second Reading."
"I move to adopt Ordinance #44, Series of 1998 on
"I move to direct Planning staff to examine the existing code language with regard to the
ability to demolish and reconstruct a non-conforming structure (a provision which relates
to historic and non-historic buildings) and the incentive program for historic properties."
City Manager's Comments:
Exhibits:
Ordinance #44, Series of 1998
A.. Memo from Amy Guthrie dated January 11, 1998
B. Proposed Code Amendments
C. Planning and Zoning Commission minutes of October 6,1998
D. List of property owners notified of the proposed code amendment and proof of
notification.
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EXHIBIT B, PROPOSED CODE AMENDMENTS
26.20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties:
A. Recommendation of approval or disapproval to the commission and the
city council of the designation ofH, Historic Overlay District or Historic Landmark,
under Chapter 26.76;
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving a historie
landmark properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
C. Review and approval, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving a
hiGtorie landmark er semelition, partial demelitien er releeatien €If an:,' struetw-e rates as
a "4" er a "5" by the HPC in its e'/aluatien eftb.e IITyeBtery efHisterie Sites and
Struetw-es of the City €If .\spen properties Ii sted on the Inventory of Historic Sites and
Structures, as periodically amended under Chapter 26.72;
D. Periodic evaluation of the Inventory of Historic Sites and StructUres, under
Chapter 26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board of adjustment on a request for variance in the H, Historic Overlay District or
involving a historie lanGmark properties listed on the Inventory of Historic Sites and
Structures, under Chapter 26.72;
F. Recommendation of the city council of Historic District and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, S 1: Code 1971, S 4-403)
Sections:
26.52.010
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
26.52.080
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
General.
Pre-application conference.
Application and fees.
Initiation of development application.
Determination of completeness and review by the planning director.
Review of a development application by decision-making bodies.
Certificate of compliance and building permit issuance.
Vested property rights.
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26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications. These common procedures apply to the following types of land
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in environmentally sensitive areas (ESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of histerie landmarks properties included
on the Inventory of Historic Sites and Structures (Chapter 26.72), designation ofH,
Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or
designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments
(PUD) (Chapter 26.84), subdivision review (Chapter 26.88), review of amendments to the
text of this chapter or the official zone district map (Chapter 26.92), and growth
management quota system (GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the planning director; (4) review ofthe development
application by the relevant decision-making body; and upon approval ofthe development
application, (5) receipt of a building permit. These common development review
procedures are organized consistently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-making body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the relevant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also summarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
hearing, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject to these common
review procedures. However, development which is as of right is only subject to the
building permit stage of review. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
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FIGURE 6-101:
PROCESS OF DEVELOPMENT REVIEW
Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2. EXEMPT HISTORIC DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
3. EXEMPT ESA DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:
a. Reviewed by Planning and Zoning Commission.
b. Public hearing required.
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2. SPECIAL REVIEW:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
S. SUBDIVISION EXEMPTIONS:
a. Reviewed by City Council.
b. No public hearing required except for lot splits.
6. MINOR DEVELOPMENT OF A HISTORIC L\Nm.V\RK PROPERTY
LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A
HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
HISTORIC L^.NDM:'.RK PROPERTY LISTED ON THE INVENTORY OF
HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS:
1. GMQS:
a. Reviewed by:
and
(1) Planning and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning Commission.
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c. May be ,consolidated with a conditional use application, a special
review application, and/or an ESA application before the Planning and Zoning
Commission and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before both Plauning and Zoning
Commission and City Council.
3. GMQS EXEMPTIONS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
S. SIGNIFICANT DEVELOPMENT OF mSTORIC LANDM.\RK A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTI IRES OR IN HISTORIC DISTRICT:
a. Reviewed by:
and
(1) Historic Preservation Commission (for conceptual review),
(2) Historic Preservation Commission (for final review).
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b. Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
1 and 3 below), and
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public hearing required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
(for final).
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DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
I. SIGNIFICANT DEVELOPMENT OF HISTORIC L'\Nmt\RK A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR
PUD:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
SPA), and
(3) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes 1 and 3 below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two step Commission/Council applications can be reviewed concurrently
with a three, four or six step application at the step identified in the process.
ABBREVIATIONS:
ESA means Environmentally Sensitive Areas.
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GMQS means Growth Management Quota System.
PUD means Planned Unit Development.
SPA means Specially Planned Area.
TABLE 6-101:
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Type of
Development
Application
Number of Steps Review
In Process Entity
Public
Hearing?
When.
Consolidate With
Other Apps?
When.
Permitted Uses None
Planning
Agency
No
No
Exempt Development
Staff
Historic
ESA
GMQS
Conditional Use One
Commission Yes--At step 1 No
Commission No No
Commission No No
Commission No No
Council N onexcept lot No
splits at Step 1
HPC Yes--For No
Demolition Only
at Step 1
Special Review
ESA
GMQS
Subdivision One
Exemptions
Minor DevelopmentOne
of hi storie IElfldmark
a property listed on the
Inventory of Historic
Sites and Structures
or in historic district
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GMQS Two Commission! Yes--At step I Yes--Conditional
Council Use at Step 1
Text or Map Commission! Yes--At Step Special Review at
Amendment Council 1&2 Step I
GMQS Exemptions Commission! No ESA at
Council Step I
Subdivision Commission! Yes- At Step I Subdivision
Review Council Exemption at
Step 2
GMQS Commission! Yes--At Step 1 Subdivision
Exemptions Council Exemption at
Step 2
Significant Two HPCIHPC Yes--At Step 1 No
development of
historie landmark
a property listed on
the Inventory of
Historic Sites and
Structures
or in historic
district
Designate historic Three HPCI Yes--At Step Yes--Conditional
landmark or district Commission! 2 and 3 Use at Step 2
Council, Special
Review at Step 2,
ESA at Step 2,
GMQS
Exemption at Step
2&3,
Subdivision
Exemption at Step
3
SPA or PUD Four Commission! Yes--At Step Yes--GMQS
Council 2 and 3 and/or GMQS
exemption at Step
3& 4, Subdivision
Review at Step 3
& 4, Text or map
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Significant Six
Development of
Histone lanemark
a property listed on
the Inventory of
Historic Sites and
Structures or in Historic
District in conjunction with
SPA, or PUD
HPCI
Commission!
Council
Yes--At Step
1,3, and 5
(Code 1971, S 6-101)
("\
amend at Step 3 &
4, Conditional
Use at Step 3,
Special Review at
Step 3, ESA at
Step 3,
Subdivision
Exemption at Step
4
Yes--GMQS
GMQs and/or
GMQS exempt.
at Step 5&6,
Subdivision
Review at Step
5&6, Text
or map amend
at Steps 5&6,
Condo Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
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26.52.020 Pre-application conference.
A. General. Prior to formal filing of a development application, it is
recommended that an applicant confer with the staff ofthe planning agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency staff to review informally a proposed
development and determine the most efficient method of development review before
substantial commitments of time and money are made in the submission of an
application.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference, may include, but are not limited to the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
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features; preservation of historic structures and landmarks; protection of environmentally
sensitive areas; proposed off-street parking and internal traffic circulation; and total
ground coverage of paved areas and structures.
2. Review procedure. The planning agency staff should identify procedural
review requirements for the proposed development, and applicable review standards and
terms of this title that apply to the review of the proposed development. This should
include identifying those stages of the common review procedure which apply, which
decision-making body or bodies will review the development application, and the
approximate length of the development review procedure.
3. Referral agencies. The planning agency staff should identify the city, state,
and federal agencies that are required to review the proposed development, provide the
applicant with persons at these agencies to contact about review procedures, and
generally describe the information which will be needed to satisfy the concerns of the
relevant city, state, and federal agencies.
4. Application contents. The planning agency staff should establish the
contents of the development application required to be submitted for the proposed
development. This should include descriptions of the types of reports and drawings
required, the general form which the development application should take, and the
information which should be contained within the application.
S. Application copies and fee. The planning agency staff should identify the
number of copies of the development application that is required to be submitted for the
proposed development, along with the amount ofthe fee needed to defray the cost of
processing the application, and the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
written summary of the meeting. One copy of this written summary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, S 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the parcel on which development is proposed
to occur, consisting of a current certificate from a title insurance company, or attorney
licensed to practice in the State of Colorado, listing the names of all owners of the
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property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of
Aspen.
S. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
D. Copyrighted materials. The City of Aspen will not accept for development
application or recordation purposes any materials to which copyright applications have
been made unless the applicant shall waive all claims and indemnify the city. Any person
submitting a development application shall consent that any document submitted to the
City of Aspen as part of a development application may be utilized by the city in any
manner deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, ~ 8; Ord. No. 56-1994, ~ 12: Code 1971, ~ 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
owners of real property of a proposed development. In addition, the city councilor the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landmark
(Chapter 26.76). (Code 1971, ~ 6-203)
26.52.050 Determination of completeness and review by the planning director.
A. Determination of completeness.
I. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-application conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determination of completeness. After a development application has been
received, the planning director shall determine whether the application is complete. If the
planning director determines that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The planning director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determined to be complete, the planning director shall notify the applicant of its
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completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this chapter.
B. Review and recommendation by planning director.
1. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
appropriate city staff persons, departments and referral agencies. Any comments shall be
returned to the planning director prior to submitting a recommendation to the applicable
decision-making body.
2. Report and recommendation. The planning director shall compile all
comments and recommendations from appropriate city staff persons, departments, and
referral agencies, and shall make a written report and recommendation to the appropriate'
decision-making body on the development application. The written report and
recommendation shall state whether the application conforms to the review standards
pertaining to the relevant development approval sought, and whether it should be
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recommendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section. If the hearing is
a public hearing required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.S2.060(E).
(Code 1971, S 6-204)
26.52.060 Review of a development application by decision-making bodies.
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
1. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or of hi storie lanamark a property listed on the
Inventory of Historic Sites and Structures, environmentally sensitive area (ESA), GMQS
allotments, and subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a
certificate of zoning compliance issued to the chief building official. Review and
determination of exemptions for development in the H, Historic Overlay District or of
historie landmark a property listed on the Inventory of Historic Sites and
Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or
for certain GMQS Allotments (Chapter 26.100) shall be determined by the planning
director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
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c. Exemptions of development in H, Historic Overlay District and/or of
hiGterie laaamllfk a property listed on the Inventory of Historic Sites and Structures.
Exemption of development in the H, Historic Overlay District and/or of a histeric
laaclma;k a property listed on the Inventory of Historic Sites and Structures shall be
granted by the planning director pursuant to the terms and standards established in
Section 26.72.010(C).
d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.0S0(B).
e. Exemptions of development from growth management quota system
(GMQS) allotment. Exemption of certain development from growth management quota
system (GMQS) allotment shall be granted by the planning director pursuant to the terms
established in Section 26.1 00.040(A).
f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shall be granted by
the Planning Director pursuant to the terms established in Section 26.88.030(A)(I)
2. One-step commission review: Development application for conditional
uses, special review, and in environmentally sensitive area (ESA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of certain development from GMQS pursuant to Section
26.100.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public hearing by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.S2.060(E), shall hold a
public hearing to review the application. At the conclusion of the public hearing, the
commission shall determine ifthe development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt ofthe written report and recommendations of the planning
director for development subject to special review (Chapter 26.64), development in
environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.1 00.040(B), the commission shall hold a hearing to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section 26.64.040), ESA
(Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.1 00.040(B)),
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One-step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a histone lanama;k property listed on
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the Inventory of Historic Sites and Structures requiring consolidation with no other
development application. A development application for minor development or
demolition in a H, Historic Overlay District or of a historie landmark property listed on
the Inventory of Historic Sites and Structures(Chapter 26.72) only shall be reviewed by
the HPC pursuant to the following procedures.
a. Hearing by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a llistorie landmark property listed on the Inventory of Historic
Sites and Structures, the HPC shall hold a hearing to review the application. At the
conclusion of the hearing, the HPC shall determine if the development application meets
the standards of Section 26.72.010(D), and shall adopt a development order approving,
approving with conditions, or denying the application.
b. Public hearing by HPC for Demolition in H Historic Overlay District or
involving a property listed on the Inventory of Historic Sites and Structures. After receipt
of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a Historie Landmark property listed on
the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the HPC shall determine if the development application
meets the standards of Section 26.72.020(B), and shall adopt a development order
approving, approving with conditions, or disapproving the application.
4. On-step council review: Development application for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88) shall be
reviewed by the city council pursuant to the following procedures.
a. Hearing by council for subdivision exemption. After receipt of the written
report and recommendation of the planning director for subdivision exemption, the
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public hearing for which notice has been provided pursuant
to Section 26.S2.060(E). At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
S. Two-step commission and city council review: Growth management quota
system (GMQS) allotment; subdivision review; amendment to the text of this title or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council and may be consolidated with a development
application for a conditional use, special review or ESA.
a. GMQS allotment for a permitted use.
(1) Public hearing by commission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.S2.060(E), shall hold a public
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hearing to review the application. At the conclusion of the public hearing, the
cominission shall determine the points accumulated by the application p\lrsuant to the
standards of Section 26.1 00.060(E), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
(2) Hearing by city council. Upon receipt of the recommendation of the
scoring of the development application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text ofthis title or official zone district map or subdivision review or
certain GMQS exemptions alone.
(1) Public hearings by commission. After receipt of the written report and
recommendations ofthe planning director for a development application for GMQS
scoring in conjunction with a development application for a conditional use, special
review, ESA, subdivision review or amendment to the text of this title or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public
notice pursuant to Section 26.S2.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040( c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA, subject to
approval by the city council ofthe GMQS allotment for the application. The commission
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or for certain exemptions from GMQS. Concurrently, the commission shall
determine tl1e points accumulated by the application for GMQS pursuant to the standards
of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for. a GMQS exemption is heard alone,
there shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation ofthe scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.S2.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a Ilisterie landmark property listed on
the Inventory of Historic Sites and Structures requiring consolidation with no other
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development application. Review and approval of a development application for
significant development in a H, Historic Overlay District or of a Ilistorie l;mdmark
property listed on the Inventory of Historic Sites and Structures only requires review and
approval of a conceptual development plan by the HPC and review and approval of a
final development plan by the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
fiistorie l;mdmark property listed on the Inventory of Historic Sites and Structures, the
HPC, after public notice pursuant to Section 26.S2.060(E), shall hold a public hearing to
review the application. At the conclusion of the public hearing, the HPC shall determine
ifthe development application meets the standards of Section 26.72.010(D), and shall
approve, approve with conditions, or deny the conceptual development plan.
b. Hearing for review of final development plan by HPC. After receipt of the
written report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a Ilistorie lanamark
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
hearing to review the final development plan. At the conclusion of the hearing the HPC
shall consider the recommendation of the planning director, determine ifthe final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.0 I OeD), and adopt a
development order approving, approving with conditions, or disapproving the
application.
7. Three-step HPC, commission, and city council review: Designation ofH,
Historic Overlay District or historic landmark. Review and approval of a development
application for designation of a H, Historic Overlay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt ofthe written report and recommendations
of the planning director regarding a development application for designation, amendment,
or rescission of H, Historic Overlay District or of a historic landmark designation, the
HPC shall hold a hearing to review the application. At the conclusion of the hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving,
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.S2.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
application meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted approving, approving with conditions, or
disapproving the application. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development
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order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council of the development application designating the property.
c. Public hearing by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.S2.060(E), shall hold a public hearing to review the application. At the conclusion of
the 'public hearing, the city council shall consider the recommendations of the planning
director, the HPC, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS and GMQS exemption or conditional uses, special
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commission and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission. After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city
council for its review. If the development application is being considered as part of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the final
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the final development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.S2.060(E),
shall hold a public hearing to review the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
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conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
development plan from the planning director, the commission, after public notice
pursuant to Section 26.S2.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the text of this title or the
official zone district map, or 'conditional use, special review, .and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.1 00.060(E), (F) or (G),
whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment.
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
final development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this title or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, GMQS allotment or exemption, subdivision review or amendment, if
, applicable. At the conclusion of the hearing, the city council shall determine if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing pursuant to
public notice required in Section 26.S2.060(E), and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt a development order approving,
approving with conditions, or disapproving the application. If a development application
for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.1 00.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
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meets the standards of Section 26.88.040(c) and adopt a development order approving,
approving with conditions or disapproving the application.
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Overlay District or of historie landmark a property listed on the Inventory
of Historic Sites and Structures in conjunction with SPA or PUD, only; or consolidated
with other development applications. Review and approval of a development application
for significant development in a H, Historic Overlay District or of a historle landmark l!
property listed on the Inventory of Historic Sites and Structures in conjunction with a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS allotment or exemption, subdivision review, an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, require review and approval under a six-step process involving
review and approval of the historical district application by the HPC, review and approval
of a conceptual development plan by the commission and city council, and review and
approval of a final development plan by the commission and city council.
a. Public hearing on conceptual development plan for significant
development. After receipt ofthe written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a hi storie landmark property listed on the Inventory of Historic
Sites and Structures, and after public notice pursuant to Section 26.S2.060(E), the HPC
shall hold a public hearing to review the conceptual development plan and
recommendations ofthe planning director. At the conclusion of the public hearing, the
HPC shall determine if the conceptual development plan meets the standards of Section
26.72.010(D), and shall approve, approve with conditions, or disapprove the conceptual
development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Historic
Overlay District or of a histone landmark property listed on the Inventory of Historic
Sites and Structures, and after receipt of the written report and recommendation of the
planning director for a development application for conceptual development plan
approval for SPA or PUD, the commission shall hold a hearing to review the conceptual
development plan. At the conclusion of the hearing, the commission shall recommend
approval, approval with conditions, or disapproval of the conceptual development plan
pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable. The recommendation shall then be forwarded to the city council for its
review. If the development application is being considered as part of a consolidated
review process with development applications for GMQS allotment or exemption,
subdivision review, or an amendment to the text of this title or the official zone district
map, or conditional uses, special review, or ESA, initial review of these applications will
not be heard until the commission and city council consider the final development plan.
Provided, however, that at the request of the applicant, an amendment to the text of this
title or the official zone district map may be considered in conjunction with conceptual
development plan review, but final actions on such development applications shall not be
taken until review and approval of the final development plan is undertaken.
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c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations of the commission for a development application
for the conceptual development plan, the city council, after public notice pursuant to
Section 26.S2.060(E), shall hold a public hearing to review the conceptual development
plan. At the conclusion of the hearing, the city council shall approve, approve with
conditions, or disapprove the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Overlay District or of a historie landmark property listed on the Inventory of Historic
Sites and Structures shall be reviewed after the commission and city council review of the
conceptual development plan for any consolidated development application, and prior to
final development plan review by the commission and the city council for the
consolidated applications. It shall be reviewed by the HPC pursuant to the following
procedures After receipt of the written report and recommendation of the planning
director for a final development plan for significant development in a H, Historic Overlay
District or a historie landmark property listed on the Inventory of Historic Sites and
Structures, the HPC shall hold a hearing to review the final development plan. At the
conclusion of the hearing, the HPC shall consider the recommendation of the planning
director, determine if the final development plan is consistent with the conceptual
development plan, determine if the final development plan meets the standards of Section
26.72.010(D), and adopt a development order approving, approving with conditions, or
denying the application, subject to approval by the city council of the final development
plan for the consolidated development applications.
e. Public hearing on commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a historie landmark
property listed on the Inventory of Historic Sites and Structures, and after receipt of the
written report and recommendation on the final development plan from the planning
director for SPA, or PUD, and if applicable, a development application for GMQS
scoring or exemption, an amendment to the text of this title or the official zone district
map, or conditional uses, special review, and ESA, the commission, after public notice
pursuant to Section 26.S2.060(D), shall hold a ptiblic hearing to review that part of the
application pertaining to the final development plan, the GMQS application, the
amendment application, and the other applications, if applicable. At the conclusion of the
hearing, the commission shall determine ifthe final development plan meets the
standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or denying the final development plan. If
applicable, the commission shall concurrently determine the points accumulated by the
application for GMQS pursuant to the .standards of Section 26.1 00.060(E), (F) or (G), and
shall forward the score to the city council. If applicable, the commission shall also
determine if the application meets the standards of Section 26.88.040(C) and 26.92.020,
and recommend approval, approval with conditions, or disapproval of a development
application requesting subdivision review and amendment to the text ofthis title or the
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official zone district map. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for
ESA, and shall adopt a development order approving, approving with conditions, or
denying that part of the application pertaining to conditional uses, special review and
ESA, subject to approval by the city council of the final development plan, amendment,
or the GMQS allotment.
f. Hearing on city council review of final development plan and other
consolidated development applications. After receipt ofthe recommendation on the final
development plan, or GMQS scoring from the commission, the city council shall hold a
hearing to review that part of the application pertaining to the final development plan,
GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine ifthe final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD),
whichever is applicable, and shall adopt a development order approving, approving with
conditions, or disapproving the final development plan. If a development application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
determine if the applic~tion meets the standards of Section 26.100.040(C). If a
development application for an amendment to the text of this title or, the official zone
district map is being considered, the city council shall hold a public hearing with public
notice pursuant to Section 26.S2.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. If a development application for subdivision is being reviewed, the city
council shall determine if the plat meets the standards of Section 26.88.040(c) and shall
adopt a development order approving, approving with conditions or disapproving the
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
C. General hearing procedures. The following general procedures shall apply
to the conduct of all hearings regarding the review of a development application by
decision-making bodies.
1. Oath or affirmation. Testimony and evidence shall be given under oath or
by affirmation to the body conducting the hearing.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person
or an organization Anyone representing another person or an organization must present
written evidence of their authority to speak on behalf of the person or the organization in
regard to the matter under consideration. Each person who appears at a public hearing
shall be identified and, if appearing on behalf of another person or an organization, state
the name and mailing address of the person or the organization.
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3. Due order of proceedings. the decision-making body conducting the
hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or
unduly repetitious. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion ofthe chairman or mayor. The order
of proceedings shall be as follows:
a. The planning agency staff shall present a narrative and graphic description
ofthe development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has been given, if required.
d. Public testimony shall be heard, first in favor ofthe development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
f. The applicant may respond to any testimony or evidence presented by the
planning agency staff or public.
4. Testimony. In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to make a proffer in regard to such testimony or
evidence for the record. Such proffer may be made at the hearing or in writing within
fifteen (15) days after the close of the hearing.
S. Continuance of hearing. The decision-making body conducting the hearing
may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place. No notice shall be required if a hearing is continued. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the decision-making body conducting
the hearing, only upon good cause shown. All adjourned public hearings shall commence
only upon the giving of all notices which would have been required were it the initial call
of the public hearing.
6. Other rules to govern. Other matters pertaining to the public hearing shall
be governed by other provisions of the Municipal Code of the City of Aspen, Colorado,
applicable to the decision-making body conducting the hearing and its adopted rules of
procedure, so long as the same are not in conflict with this chapter. The city's decision-
making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing.
7. Record.
a. Records of hearing. The body conducting the hearing shall record the
proceedings by any appropriat~ means which shall be transcribed at the request of any
person.
b. Record. The transcript of oral proceedings, including testimony and
statements of personal opinions, the minutes of the secretary, all applications, exhibits
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and papers submitted in any proceeding before the decision-making body, the report and
recommendation of the planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public records. All records of decision-making bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
D. Actions by decision-making bodies. All decision-making bodies shall act
in accord with the time limits established in this title. Action shall be taken as promptly
as possible in consideration of the interests of the citizens of the City of Aspen.
E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6-101
establishes the steps in the development review process at which time notice is to be
given.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought, date, time and place of the hearing,
the address and legal description of the subject property if applicable, a summary of the
development application under consideration, and identification of the decision-making
body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.S2.060(E)(4).
a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.S2.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and shall be composedofletters not less than one inch in height. The
content of the notice shall be that described in Section 26.S2.060(E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.060(E)(2). At least ten (10) days prior to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least
five (5) days if sent by hand delivery, to all owners of property within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S.
mail or hand delivery to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
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Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions, subdivision exemptions (other than for a lot split) or minor development in
H an "H." Historic Overlay District or involving a property listed on the Inventory of
Historic Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and
posting of notice pursuant to Section 26.S2.060(E)(3)(b) and (c).
c. Development application for significant development in H an "H."
Historic Overlay District; demolition in H an "H." Historic Overlay District; development
in or designation of specially planned area (SPA); planned unit development (PUD);
amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Overlay District or historic landmarks; growth
management quota system (GMQS). Significant development in a H, Historic Overlay
District or of a hi storie lanclmark property listed on the Inventory of Historic Sites and
Structures, development, demolition of a historie landmark or of a strueture rates as a "q "
or a "5" ey the HPC ill. its evalwtioll. oftfle ifiyelitory oflHstorie sites and straetures
property listed on the Inventory of Historic Sites and Structures, designation of a
specially planned area (SPA), planned unit development (PUD), amendments to the
official zone district map unless for the entire city, subdivision exemption for lot split,
designation of Historic Overlay District or historic landmarks, and growth management
quota system (GMQS) review requires publication of notice, posting of notice and
mailing of notice pursuant to Section 26.S2.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.S2.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City Council
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.S2.060(E)(3)(a) and (c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
land. Any development application which will cover five (5) acres or more of land
requires publication of notice pursuant to Section 26.S2.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral owners of the property subject to the development application.
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S. Rezoning of entire city. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this title, or
whenever the text of this title is to be amended, whether such revision be made by repeal
of this title and enactment of a new land use regulation, or otherwise, the requirement of
an accurate survey map or other sufficient legal description of, and the notice to and
listing of names and addresses of owners of real property in the area of the proposed
change, shall be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days prior to
the public hearing on such amendments. (Ord. No. 13-1993 S 3; Ord. No. 56-1994, S 13:
Code 1971, S 6-205)
Chapter 26.72
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR
INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Sections:
26.72.010
26.72.020
Minor development, significant development, and exemptions.
Demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation.
Insubstantial amendment of development order.
Appeal and call up.
Variances.
Minimum maintenance requirements.
26.72.030
26.72.040
26.72.050
26.72.060
26.72.010 Minor development, significant development, and exemptions.
A. General. Any development within an "H," Historic Overlay District, or
development involving a histerie Ial'lEimark property listed on the Inventory of Historic
Sites and Structures must be revie'\Yed in accordance with the provisions of this Section
26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community
development director under Section 26.72.010 (C). If not exempted, development is
categorized as minor or significant development which must obtain approval of the HPC.
Minor development review and approval is a one-step process and requires no public
hearing. Significant development must go through a conceptual and final development
plan review and approval process, with a public hearing occurring at the time of
conceptual development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a histerie landmark property listed on the Inventory of
Historic Sites and Structures unless:
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development is approved by the HPC as either minor or significant
development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.010(D).
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C. Exemption.
I. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shall exempt from HPC
review shall include 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. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a nonhistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent historic sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources. ,
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shall be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving llistorie landmarks properties listed on the Inventory of
Historic Sites and Structures.
I. Development in the "H," Historic Overlay District, and all development involving
historie landmarks properties listed on the Inventory of Historic Sites and Structures. No
approval for any development in the "H," Historic Overlay District, or involving historie
landmarl[S properties listed on the Inventory of Historic Sites and Structures shall be
granted unless the HPC finds that all of the following standards are met.
a., .", The proposed development is compatible in general design, massing and volume,
scale, and site plan with designated historic structures located on the parcel and with
development on adjacent parcels when the subject site is in an "H," Historic Overlay
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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 or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
HPC may grant such 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
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
bonus. No development application which includes a request for an FAR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; 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.
2. Additional development guidelines. The City Council, upon recommendation of
the HPC, shall established additional guidelines for use by HPC in the review of all
development in an "H," Historic Overlay District, and involving historie laHama;ks
properties listed on the Inventory of Historic Sites and Structures, in accordance with the
procedures in Chapter 26.08.
B. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H."
Historic Overlay District. and of all development involving histEJfie landma;ks properties
listed on the Inventory of Historic Sites and Structures a development application shall be
submitted to the Community Development Director and reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and 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; or
c. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
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listed features may be defined as minor if there is a finding that the cumulative impact of
such development is minor in its effect on the character of the existing structures.
d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may determine that the development is to be
reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following:
a. The general application information required in section 26.52.030.
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. A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and character of the neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic Overlay District, and of all development involving historie landmarks
properties listed on the Inventory of Historic Sites and Structures. a conceptual
development plan and final development plan shall be reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction of a new structure within a "H," Historic Overlay District; and
e. 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 when
a development plan has been required by the HPC pursuant to section 26.72.020(1)(5).
3. Conceptual development plan.
a. Development application for conceptual development plan. A development
application for a conceptual development plan shall include the following:
(1) The general application information required in section 26.52.030.
(2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) Conceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood.
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(5) Scale drawings of all elevations of any proposed structures, including a roof plan.
(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan. Approval of a conceptual
development plan shall not constitute final approval of significant development or
permission to proceed with development. Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval of a
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development plan. A development application
for a final development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings ofthe proposal at 1/4" = I '0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989,
S 9; Ord. No. 60-1990, S 3; Ord. No. 21-1995, S l(part); Ord. No. 49-1995, S 4; Ord. No.
33-1997, S 1: Code 1971, S 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. 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 26.76.090, 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 HPC because it meets the applicable standards of section
26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the historic significance of that
parcel. "Partial demolition" shall mean the razing of a portion of any structure on an
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inventoried parcel or the total razing of any structure on an inventoried parcel which does
not contribute to the historic significance of that parcel.
B. Standards for review of demolition. No approval for demolition shall be granted
unless the HPC finds that all of the following standards are met.
1. The structure proposed for demolition is not structurally sound despite evidence
of the owner's efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC finds ail of the following standards are met:
1. 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
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on the
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in mass and
scale with the historic structure.
D. Standards for review of off-site relocation. No approval for off-site relocation
shall be granted unless the HPC finds that all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use of the property; and
2. 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
3. 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
4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, 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
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5. The receiving site is compatible in nature to the structure or structures proposed to
be moved, the character of the 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 neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
E. Standards for review of on-site relocation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26. n.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.n.020(D)(2) must be met.
F. Standards for review of temporary relocation. No approval for temporary
relocation shall be granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
from meeting the applicable standards in Section 26.n.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
1. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolition, off-site reloclition, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC pursuant to Section
26.72.010.
H. 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. n.020(D), off-site
relocation and Section 26.n.020(F), temporary relocation.
I. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC 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. n.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 HPC may
consider having studied 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,
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off-site relocation or on-site relocation and development plan. The HPC 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.
J. Application for demolition, partial demolition, off-site relocation, on-site
relocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26.72.020(J)(1), (2), and (5):
1. . The general application information required in Section 25.62.030.
2. 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.
3. A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site relocation only: An economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies, in its current
condition, and after demolition or relocation.
b. 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.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable return on investment.
5. 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
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
26.72.010.
K. 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 Section 26.n.020(J)(I) and (2).
1. Penalties. A violation of any portion of this Section 26. n.020 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. (Ord. No. 17-1989, S 1; Ord. No. 9-1991, S 1; Ord. No. 21-
1995, S l(part): Code 1971, S 7-602)
37
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tJ
26.72.030 Insubstantial amendment of development order.
A. 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 be 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.
B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, S l(part): Code
1971, S 7-603)
26.72.040 Appeal and call up.
A. Any action by the HPC 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 within
thirty (30) days of the decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving, or suspending action on a demolition, partial demolition, off-site
relocation, or on-site relocation of any structure on the inventory of historic sites and
structures by serving written notice on the HPC within fourteen (14) thjrty (30) days of
the HPC's decision and notifying the applicant of the call up. Notice of the HPC
decision will be provided to Council in the form of the approved resolution.
B. Within thirty (30) days after the date of a decision by the HPC which is
appealed or called up by the city council, the council shall hold a public hearing after
publishing notice pursuant to Section 26.52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision ofthe HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due proc~ss
by the HPC. Upon determining that there was an abuse of discretion or denial of du~
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 HPC for '
rehearing. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S l(part): Code 1971, S 7-604)
26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or !
development affecting a historic landma;k property listed on the Inventory of HistOl!ic
38
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(")
Sites and Structures, without receiving a written recommendation from the HPC. (Ord.
No. 21-1995, S l(part): Code 1971, S 7-605)
26.72.060 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 26.76.090, and all structures located
within a 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 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 designated agent in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, ifnot 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.
The historic preservation commission, on its own initiative, 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.
C. Demonstration of hardship. Any owner of a structure identified in the
inventory of historic sites and structures which HPC and the chief building official finds
requires such maintenance and repairs as described in this section may make application
requesting from the city council a one-time, 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 the title is transferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
To be eligible for the loan, the owner shall submit a written request to the
community development director, which shall include a description ofthe 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.
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, Section 1.04.080, shall not apply to violations
of these minimum maintenance requirements. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S
l(part): Code 1971, S 7-606)
39
"......,.
ASPEN PLANNING & ZONING COMMISSION
n
OCTOBER 06.1998
Muckenhirn felt there were two major design challenges; the street facing garage
and the inflection. He said an ADD could be eliminated along with the parking.
He requested feedback on that garage design. Tygre stated that it was clear the
commission would not grant the variances; if more input would be needed from
the commission, then a work session should be scheduled.
Blaich reiterated that staff would be helpful. Buettow encouraged one driveway
and stated the 5 standards for garages: off the alley, 10' back from the front of the
building, facing the side (not the street), covered in the front, not front facing.
PUBLIC HEARING:
CODE AMENDMENT. SECTION 26.20.30, 26.52 and 26.72, HISTORIC
PRESERVATION
Jasmine Tygre opened the public hearing and requested proof of notice. Amy
Guthrie, staff, stated the proof was published in the newspaper and would bring a
copy to the deputy city clerk prior to the end of the meeting. This was done.
Guthrie explained the historic and landmark public hearing process had conceptual
and final review which allowed for neighborhood and public input. She said there
was a distinction in the preservation process that existed and needed to be .
corrected. Properties that were historic but not landmark, on the historic
inventory, have a much different process. Generally their review consisted of a
partial demolition without a public hearing, no requirement to review
neighborhood compatibility which doesn't work. Guthrie stated these were the
reasons for the code amendment before the commission. She apologized for the
length of the amendment, but this followed the code eliminating the distinction
between landmarks and non-landmarks. Now any property with historic
significance will go through the same process. Guthrie noted if this was approved
it would be effective immediately; if council did not overturn the approval.
Ron Erickson asked when the number of properties changed. Julie Ann Woods
stated the inventory was updated every five years. Guthrie explained that the
property goes through HPC and P&Z public hearings and then to City Council to
be adopted by ordinance.
Roger Hunt expressed concern with the demolition standards, in particular that
non-conformities had the ability to rebuild in setbacks. He questioned allowing
the use of historic designation for non-conformities of an essentially new non-
o 8
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.~
ASPEN PLANNING & ZONING COMMISSION
(")
OCTOBER 06. 1998
historic building. Guthrie responded that was not specific to historic structures but
the code stated a building could be demolished and re-built with the same non-
conformities within a year. Guthrie said that issue was not addressed. Hunt stated
the problem was with voluntary demolition not involuntary demolition with
continuation of a non-conformity. He asked if this would be addressed in the
demolition code. Woods replied that would be addressed in the up-date of the
land use code scheduled for the 1999 work program. She said that staff had
recognized this problem showing the need for update of the code.
Tygre asked ifthe voluntary demolition not continuing a non-conformity could be
added onto this code amendment. Woods replied it could not because of noticing
and that change would affect all zone districts. She said it would be proper to
handle the change in the entire code amendment.
Tim Semrau inquired about the feedback from the property owners. Guthrie
answered there was no feedback from the public. She said the amendment was
discussed at the symposium and HPC. Woods stated that as a result of the
symposium, the inventory would be reviewed in a more comprehensive way.
Hunt supported what Tygre said and since historic structures were more likely to
have non-conformities, why not add the language now. Guthrie stated there was
an urgency to this code amendment because there were 2 HPC cases under the
partial demolition review standards which were a problem on every project. She
said it would be better to bring forward the non-conformities section as a code
amendment separately from the HP code amendments. Bob Blaich stated that he
would be in favor ofthat with fast action pending. Woods suggested P&Z move
on this amendment now and request staff to bring forward a code amendment on
the non-conformities.
Tim Mooney stated concern also about the code amendments. He said as the
definition for historic structure was expanded, considering ski era buildings as
historic, for example added to the possible exemptions to be considered. He said
the entire incentive program should be reviewed. Guthrie stated there were copies
of the symposium summaries available for anyone who wanted them. It was a
wholesale look at the program. Woods stated they were looking at entire changes.
No public comments.
MOTION: Roger Hunt moved to forward a recommendation of
approval to City Council for the proposed code amendments Section
9
I"'"', ...... ... '" .
ASPEN PLANNING & L,NING COMMIsSION
rl
L--:TOBER 06, 1998
26.20.30, 26.52 and 26.72 related to historic inventory properties, as
described in "Exhibit B," of the memo provided from Amy Guthrie
dated October 6, 1998, and incorporated into P&Z Resolution 98-30;
moved to request Council direct staff regarding the voluntary
demolition with continuance of non-conformities and review the
incentive program for historic properties. Ron Erickson second.
APPROVED 7-0.
PUBLIC HEARING:
735 WEST BLEEKER - CONDITIONAL DSE 2 - ADDs. SPECIAL
REVIEW, LANDMARK
Jasmine Tygre, Vice Chair, opened the public hearing and requested proof of
notice. Amy Guthrie, staff, stated the notice was provided but the list was not. .
She said an HPC applicant was able to provide the noticeihe next day prior to 5
p.m. Tygre stated this was unfair and requirements had to apply equally to all
applicants. The applicants, Drew Dolan and Rich Pasack stated the list was across
the street at their office. Tygre asked the applicants to get the list prior to
proceeding with the public hearing.
Tygre stated there needed to be a more appropriate way to deal with this problem
of providing proof of notice at the meeting. Julie Anne Woods and Jackie Lothian
discussed the problem and Woods stated this would be dealt with at the staff level
prior to meetings and public hearings.
The public hearing resumed at 6:40 with proper notice and lists meeting
jurisdictional requirements.
Guthrie stated this had similarities to the last hearing but not the same areas of
concern. It was a historic property behind the Christian Science building with an
existing historic miner's cottage. The existing cottage was approximately 1084 sf
on an R-6 lot which had the potential to triple with an addition. Guthrie noted that
was an inappropriate solution being over-scaled; the option of a duplex or 2 single
family homes was a better solution as a conditional use. She said the original
application had a duplex; HPC encouraged 2 detached units cutting down the
scale. Guthrie stated there was no additional floor area permitted for this type of
development. There was a required ADU in the basement of one unit and a
requested voluntary ADU in the other unit.
10
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County of Pitkin }
} 55.
State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.52.060 (E)
I, 5o..--r~ D4~ . being or representing an
. Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto. by flISt-class, postage
prepaid U.S. Mail to all owners of prbperty within three hundred (300) feet
of the subject property, as indicated on the attached list, on the~day of
~~r. 199~which is!..3. days prior to the public hearing date of:JO.,.11 ;''I'1lf.
2.
By posting a sign in a conspicuous place on the subject property (as it could be
seen from the nearest public way) and that the said sign was posted and visible
continuously from the day of . 199_. (Must be posted for
at least ten (10) full days before the hearing date). A photograph of the posted
sign is attached hereto.
(Attach photograph here)
- ~ Y'Yl- c57b
Signature
Signed before me this
Jj..r t!" ..IV\. ~
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.19~by
day
HAND AND,qf!:I2b:L SEAL
sionexpires:~ .
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RED BUTTE CEMETER,
STAPLETON JANE - C/O
67 LEMOND PL
SNOWMASS VILLAGE, CO 81615
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( . .IE ASPEN INSTITUTLdC (_ARPA JOHN G & JAN JONES
1333 NEW HAMPSHIRE AVE NW STE SARP A DR JR & MARY
1070 515 S GALENA ST
WASHINGTON, DC 20036 ASPEN, CO 81611
FERGUSON JAMES L
FERGUSON ESTHER B AS JOINT
TENANTS
PO BOX 1457
C~RLESTON,SC 29402
ASPEN INSTITUTE INC
PO BOX 222
QUEENTOWN, MD 21658
SA V ANAH LIMITED PARTNERSHIP
ASPEN MEADOW LOT 8
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
BECK NEIL H
BECK PAMELA L AS TENANTS IN
COMMON
515 W GILLESPIE ST
ASPEN, CO 81611
DAGGS JAMES K & GAY
640 N 3RD ST
ASPEN, CO 81611
T~LBERG KATHARINE
434 W SMUGGLER ST
ASPEN, CO 81611
HUGHES GAIL
302 E HOPKINS AVE
ASPEN, CO 81612
GORDMAN LINDA K
10777 N 60TH ST
OMAHA, NE 68152
FORD MERRILL M
PO BOX 445
ASPEN, CO 81612
BELL MOUNTAIN PARTNERS LID
PARTNERSHIP
222 N LAS SALLE STE 2000
CHICAGO,IL 60601
HORSEY SUSAN H
330 W GILLESPIE ST
ASPEN, CO 81611
CRAIG CAROL G
POBOX 18
WOODY CREEK, CO 81656
OAK LODGE LLC
C/O WILLIAM 0 HUNT
PO BOX 7951
ASPEN, CO 81612
PHELPS MASON
201 S LAKE AVE STE 408
PASADENA, CA 91101
609 CORPORATION
A COLORADO CORPORATION
PO BOX 1819
ASPEN, CO 81612
ASPEN HISTORIC COTTAGES LLC
601 E HYMAN AVE #102
ASPEN, CO 81611
STAPLETON DAVID E & DON N
STAPLETON DARRELL L & SPEER
BILLEE LOU
1350 MOUNTAIN VIEW DR
ASPEN, CO 81611
REED PRESLEY 0
REED PATRICIA
999 8TH ST
BOULDER, CO 80302
SA V ANAH LIMITED PARTNERSHIP
ASPEN MEADOW LOT 7
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
BERGER BRUCE
960 CHEROKEE
DENVER, CO 80204
FINKELSTEIN RICHARD & CARIA
CAROLE C 50%
9034 BURROUGHS RD
LOS ANGELES, CA
ALTEMUS E A PARTNERSHIP LLLP
640 N 3RD ST
ASPEN, CO 81611
MAROLT MAXWELL S
PO BOX 1013
ASPEN, CO 81612
~LLC~RLESL
PO BOX 1819
ASPEN, CO 81612
ISRAEL CHARLES B
PO BOX 11689
ASPEN, CO 81612
ZEISLER KARL
ZEISLER JOAN C
426 N SECOND ST
ASPEN, CO 81611
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FRISHMAN ANDREW J TRUST 1/2 INT . "ORDMAN LINDA K
PO BOX 465 10777 N 60TH ST
ASPEN, CO 81612 OMAHA, NE 68152
CONGDON THOMAS E & NOEL
TRUSTEES OF THE
CONGDON QUALIFIED PERSONAL
RES TRUST
1776 LINCOLN ST STE 1100
DENVER, CO 80203
ALDERWOOD SECURITIES LTD
PACOR SECOMA SAM 24BD
PRINCESS CHARLOTTE MC 98000
MONACO,
DOLAN ANDREW C 50%
735 W BLEEKER ST
ASPEN, CO 81611
JANSS MARY 1992 REVOCABLE
LIVING TRUST
1667FAIRMONTBLVD
EUGENE,OR 97403
DENKINS JAMES D
PO BOX 718 4043 SHORE LN
BOCA GRANDE, FL 33921
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
FROST MONA
C/O CNB TRUST REAL ESTATE
CNDT2311
PO BOX 5168
DENVER, CO 80217
BUSH ALAN DAVID & STEVEN
210 EHYMAN AVE STE 7
ASPEN, CO 81611
YOUNG DENNIS & ANDREA
PO BOX 133
ASPEN, CO 81612
GLENN SALLY RAE
504 W HALLAM AVE
ASPEN, CO 81611
ASPEN CENTER FOR
ENVIRON!vlENTAL STUDIES
100 PUppy SMITH ST
ASPEN, CO 81611
COULTER GLYNNIE
PO BOX L3
ASPEN, CO 81612
KRUIDENIER DAVID & ELIZABETH S
3409 SOUTHERN HILLS DR
DES MOINES, IA 50321
GRIFFITH ANGELINE M
530WALNUTST
ASPEN, CO 81611
SMART PAMELA
3351 WOODHAVENRD
ATLANTA, GA 30305
ILGEN EILEEN L & JACK D & ELOISE
ILGEN IN JOINT TENANCY
518WMAIN.ST
ASPEN, CO 81611
KRU~DONALDPAUL
PO BOX 874
ASPEN, CO 81612
DE WOLF NICHOLAS
233 W BLEEKER ST
ASPEN,CO 81611
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DIKEOU LUCY SHARP
25 POLO CLUB CIR
DENVER, CO 80209
MANCLARK Q P RESIDENCE TRUST
MANCLARK WILLIAM & DARLEEN
TRUSTEES
313 E BAY FRONT
BALBOA ISLAND, CA 92662
EMERSON LTD
SWEENEY C/O
533 W HALLAM
ASPEN, CO 81611
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
BENNINGHOFF ESTHER
233 W HALLAM AVE
ASPEN, CO 81611
CROCKETT ANN R TRUSTEE OF THE
PRICE LIVING TRUST
10898 MORA DR
LOS ALTOS HILLS, CA 94024
ANSON WESTON T & SUSAN BAILEY
TRUSTEE OF
ANSON FAMILY LIVING TRUST
PO BOX 8472
LA JOLLA, CA
BERR LLC
611 WMAINST
ASPEN, CO 81611
BERKO FERENC & MIRTE
PO BOX 360
ASPEN, CO 81612
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3408 MORRIS AVE
PUEBLO, CO 81008
PEVEHOUSE DON D & ANN W
PO BOX 7757
ASPEN, CO 81612
WILLE 0 LOUIS & FRANCES
LYNETTE 32% INT
200 W MAIN ST
A~PEN, CO 81611
WATSON DIANE B
121 W BLEEKER ST
ASPEN, CO 81611
PARZYBOK WILLIAM G JR
11514 WOAKMONTDR
MUKILTEO, WA 98275
GOLDSTEIN GERALD H & CHRISTINE
S
PO BOX 2045
ASPEN, CO 81612
HAYES MARY ESHBAUGH TRUST
HAYES MARY ESHBAUGH TRUSTEE
PO BOX 497
ASPEN, CO 81612
CHISHOLM EDITH 112 INT
205 W MAIN ST
ASPEN, CO 81611
BARNETT SAUL H & SALLY A
200 W HOPKINS AVE
ASPEN, CO 81611
DODARO CHRISTINE M
930 MATCHLESS DR
ASPEN, CO 81611
THALBERG KATHARINE
221 E MAIN ST
ASPEN,CO 81611
DEAN MARY EMMA
PO BOX 8035
ASPEN, CO 81612
PETERSON SHIRLEY H LIVING TRUST
1909 E RIVERPKWAY
MINNEAPOLIS, MN 55414
KEY JOHN
6475 MIMOSA LN
DALLAS, TX 75230
MULLINS MARGARET ANN
1909 FOREST PKWY
DENVER, CO 80220
BISHOP ALBERT & PEARL
202 S GARMISCH ST
ASPEN, CO 81611
NPJPARTNERS LLC
317PAR.KAVE
ASPEN, CO 81611
WIRTH PETER
WIRTHJANETB
PO BOX 9525
ASPEN, CO 81612
TARBET JOSEPH R
TARBET BARBARA P
980 GIBSON AVE
ASPEN, CO 81611
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t:lROCKWAY LEXIE
7714 FISHER ISLAND DR
FISHER ISLAND, FL
BROWN ROBERT STICKLER &
SANDRA LEA
1115 20TH ST
WEST DES MOINES, IA 50265
ELDER NELS REINHARD ESTATE OF
ELDER JANET C
202 N MONARCH ST
ASPEN, CO 81611
CROSBY EWALD H
GETTMAN ROSA
325 S FOREST ST
DENVER, CO 80222
FRANKEL KATHY REVOCABLE
TRUST
534 W DICKENS
CHICAGO,IL 60614
MOORE ALBERTA L
0603 MAROON CRK RD
ASPEN, CO 81611
BECKER ALAN K
PO BOX 119
WOODY CREEK, CO 81656
SEIDER DENNIS J & LEAH E
26642 LATIGO SHORE DR
MALIBU, CA 90265
LA COCINA INC
PO BOX 4010
ASPEN, CO 81612
SANDS CASTLE LLC
8258 E DEL CADENA
SCOTTSDALE, AZ 85265
Co.NNER MARGARET lL/20THS)
Co.NNER WARREN J & CLAUDE
M(4/20THS EACH)
534 E Ho.PKINS AVE
ASPEN, Co. 8161 I
BIBBIG DIETER
po. Bo.X 175
ASPEN, Co. 81612
Wo.o.DS RANSo.M B JR & JUSTINE F
po. Bo.X 12288
ASPEN, Co. 81612
WALTo.NWR
po. Bo.X 665
ASPEN, Co. 81612
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 8161 I
LANE WILLIAM HENRY
po. Bo.X 346
ASPEN, Co. 81612
Ko.UTSo.UBo.S TED A
419EHYMANAVE
ASPEN, Co. 8161 I
Ko.UTSo.UBo.S TED A
419EHYMANAVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 8161 I
Ko.UTSo.UBo.S TED A
419 EHYMAN AVE
ASPEN, Co. 81611
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534 E Ho.PKINS AVE
ASPEN, Co. 8161 I
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Ro.SS Ho.W ARD
P OBo.X 114
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WHEELER BLo.CK BUILDING LLC
TKG MANAGEMENT INC C/o.
1001 CHERRY ST STE 308
Co.LUMBIA, Mo. 65201
Bo.GAERT FAMILY TRUST
po. Bo.X 1166
ASPEN, Co. 81612
BIBBIG DIETER
po. Bo.X 175
ASPEN, Co. 81612
o.KIE THEo.Do.RE E & KATHERINE S
719 E Ho.PKINS AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 8161 I
Ko.UtSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN,Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 8161 I
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 81611
Ko.UTSo.UBo.S TED A
419 E HYMAN AVE
ASPEN, Co. 8161 I
GATES JOHN S
811 E Ho.PKINS AVE
ASPEN, Co. 8161 I
Ko.UTSo.UBo.S TED A
419EHYMANAVE
ASPEN, Co. 81611
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GATES JOHN S
811 E HOPKINS AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
HYMAN STREET LLC
3201 S TAMARAC DR STE 200
DENVER, CO 80213
MARX LAWRENCE
PO BOX 7915
ASPEN, CO 81612
CALDWELL KARI A
CALDWELL GRANT L
107 JUAN ST
ASPEN, CO
CHRISTENSEN CINDY
109 JUAN STREET
ASPEN, CO 81611
CUMNOCK CHERYL L &
CUMNOCK ROBERT E AS JT
TENANTS
115 JUAN STREET
ASPEN, CO
MERANZE ARLENE
6234 PIDCOCK CREEK RD
NEW HOPE, PA 18938
ASPEN GROVE CEMETARY ASSOC
C/O MARKALUNAS RAMONA
624 NORTH ST
ASPEN, CO 81611
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~bUTSOUBOSTHEODOREA
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
SPARLING JOAN MARGUERITE
TRUST
SPARLING JOAN MARGUERITE AS
TRUSTEE
300 PUppy SMITH ST #205-220
ASPEN, CO 81611
TOWER CHARLES D
PO BOX 3014
ASPEN, CO 81612
JUAN STREET HOUSING COMMON
AREA
ASPENIPITKIN COUNTY HOUSING
AUTHORITY
530 E MAIN ST
ASPEN, CO 81611
FLETCHER KAREN K &
FLETCHER IA Y R AS IT TENANTS
PO BOX 3476
ASPEN, CO 81612
MURRAY JOYCEK
PO BOX 352
ASPEN, CO 81612
LUM SUSAN
PO BOX 1571
ASPEN, CO 81612
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. I<OUTSOUBOS THEODORE A
419EHYMANAVE
ASPEN, CO 81611
MOONEY TIMOTHY
PO BOX 8931
ASPEN, CO 81612
PIERCE ANITA M
PO BOX 3202
ASPEN, CO 81612
RYMER PATRICIA A
POBOX 1737
ASPEN, CO 81612
BAILEY LILIANN E &
BAILEY BRIAN L AS JT TENANTS
117 JUAN ST
ASPEN, CO 81611
MCCARTNEY CHARLES H
PO BOX 12106
ASPEN, CO 81612
PEARLSTEIN DAVID BLUEFIELD
1006 E COOPER AVE
ASPEN,CO 81611
ART REALTY
C/O MARK TYE
PO BOX 8992
ASPEN, CO 81612
COLLIN STEVE
400 MC SKIMMING RD
ASPEN, CO 81611
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CDH UTE CO
A COLORADO CORP
1280 UTE AVE STE 5
ASPEN, CO 81611
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELD RD
ASPEN, CO 81611
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELD RD
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
SALVADORE TERESA
0129 FREE SILVERCT
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
REESE JOHN W
BEHRHORST DAVID G AS TEN IN
COMMON
1280 UTE AVE
ASPEN, CO 81611
rn
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
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'.. CDHUTECO
1280 UTE AVE
ASPEN, CO 81611
CHESLEY PAUL A
PO BOX 94
ASPEN, CO 81612
CDH UTE CO
1280 UTE AVE
ASPEN, CO 81611
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELD RD .
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN,CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% !NT
1280 utE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
GORDON MARIE F ABIENNE
JESSEMIE BENEDICT
1452 CRYSTAL LAKE RD
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
LEFKOWITZ BARRY AND NORDIN
MONIQUE
HORN MICHAEL AND HORN KIM
P.O. BOX 10973
ASPEN, CO 81612
WISE HUGH D III
0252 HEATHER LN
ASPEN, CO 81611
FALLIN RICHARD ALDEN
F ALLIN PAT FINLEY
905 CHATFIELD RD
ASPEN, CO 81611
BENEDICT FREDRlC A(,'ABIENN~ r tf""'\
C/O HOLLAND & HART A TTN ART .
DAILY
600 E MAIN ST
ASPEN, CO 81611
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PUBLIC NOdCE
RE: CITY OF ASPEN CODE AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 11, 1999 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an amendment to Sections 26.20, 26.52, and 26.72 of the Aspen
Municipal Code, regarding review of properties listed on the "Inventory of Historic Sites and
Structures." For further information, contact Amy Guthrie at the AspenlPitkin Community
Development Department, 130 S. Galena St., Aspen, CO (9,70) 920-5096, amyg@cLaspen.co.us.
s/John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on December 26, 1998
City of Aspen Account
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Interim Community Development Director
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
Text Amendment, Sections 26.20.030, 26.52, and 26.72 of the Aspen
Municipal Code, to eliminate the distinction between HPC review
authority over landmark and non-landmark properties listed on the
Inventory of Historic Sites and Structures- PUBLIC HEARING
DATE:
October 6, 1998
------------------------------~---------------------------------
----------------------------------------------------------------
SUMMARY: The Planning staff recommends amendments to Sections 26.20.030, 26.52,
and 26.72 ofthe Aspen Municipal Code, to eliminate the distinction between HPC review
authority over landmark and non-landmark properties listed on the Inventory of Historic
Sites and Structures. The code amendment was identified as a priority in the Aspen Area
Community Plan and the HPC Symposium held in August 1998.
The "Inventory of Historic Sites and Structures" contains 260 properties. 71 of these are
located within historic districts and therefore have full HPC review for redevelopment as
either a "minor" or "significant" project dependent on the scope of work. 87 others are
landmark sites outside of the historic districts and have the same stringent HPC
protection. Redevelopment of the remaining 102 non-landmark sites is reviewed only in
terms of any amount of demolition or relocation proposed. (It should be noted that the
HPC program has been set up to encourage property owners to choose to landmark by
offering incentives to do so. This system has worked well, but there are numerous
significant properties which remain unlandmarked because the owner hasn't chosen to
landmark the property.)
For the review of a non-landmark property, a public hearing is not required (unless an
off-site relocation or total demolition is proposed) and the review standards, particularly
for partial demolition, only allow HPC a general mass and scale review of any new
construction. If a completely detached structure is proposed on a non-landmark site (so
that there is no amount of demolition to the historic structure) there is no HPC review.
The HPC feels strongly that all of the properties on the historic inventory should have
equal protection and review. All projects with a scope beyond minor alterations should
be reviewed in a two step process; conceptual and final, with a public hearing at
conceptual. This will allow HPC the greatest protection and scrutiny over major
alterations to historic sites, and will require public notice. The standards related to
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demolition, partial demolition and on or off-site relocations will still be used, III
conjunction with the broader HPC standards for compatibility of new additions.
TEXT AMENDMENT: See Exhibit B, Proposed Amendments. Three areas of the
code are impacted, Section 26.20.030 Powers and Duties of the Historic Preservation
Commission, Section 26.52 Common Development Review Procedures, and Section
26.72 Development in an "H," Historic Overlay District, or involving the Inventory of
Historic Sites and Structures.
STANDARDS FOR REVIEW: In reviewing an amendment to the text of this title or an
amendment to the official' zone district map, the city council and the commission shall
consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Response:
The amendment is not in conflict with any applicable portions of this title.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The proposed amendment is consistent with a goal of the AACP:
"Amend the City Code to require review of alterations and additions to all historic
resources identified on the Aspen Inventory of Historic Sites and Structures," as well as
the intent statement of the Design Quality and Historic Preservation Action Plan: "To
ensure the maintenance of character through design quality and compatibility with
historic features."
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood characteristics.
Response: The proposed amendment does not create a new land use or density. The
intention is to help development, as it affects historic structures, to fit in with the
neighborhood characteristics.
D.
safety.
The effect of the proposed amendment on traffic generation and road
Response:
The amendment will have no impact on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
2
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Response: The proposed amendment will have no impact on public facilities or
services, however, staff can anticipate additional caseload associated with the upgrading
of the review authority of the HPC.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Response: The proposed amendment will not cause adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Response: The amendment will require that modifications to all historically
designated structures, landmark or non-landmark, preserve the community character of
Aspen.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed amendment.
Response: The amendment does not affect a particular parcel or neighborhood. The
community has seen on-going and sometimes substantial alterations to historic structures.
The amendment will help address those resources which are currently not sufficiently
protected.
L Whether the proposed amendment would be in coriflict with the public
interest, and is in harmony with the purpose and intent of this title.
Response: The proposed amendment is in harmony with the public interest as
expressed through the AACP and the HPC Symposium, the forty attendees of which
made this code amendment a high priority.
STAFF RECOMMENDATION: Staff recommends P&Z forward a recommendation
of approval to Council for the proposed code amendments related to historic inventory
properties, as described in "Exhibit B," of the memo provided from Amy Guthrie dated
October 6,1998, and incorporated into Resolution 98-_.
RECOMMENDED MOTION: " I move that P&Z forward a recommendation of
approval to Council for the proposed code amendments related to historic inventory
properties, as described in "Exhibit B," of the memo provided from Amy Guthrie dated
October 6, 1998, and incorporated into Resolution 98-_."
Exhibits:
A.. Memo from Amy Guthrie dated October 6,1998
B. Proposed Code Amendments
C. Resolution # _, Series of 1998 (1b b.c ~ ("w 0 J.! okk l'"' .ee;,':i)
3
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EXHIBIT B, PROPOSED CODE AMENDMENTS
26.20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties:
A. Recommendation of approval or disapproval to the commission and the
city council of the designation of H, Historic Overlay District or Historic Landmark,
under Chapter 26.76;
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving a historic
lanema;lc properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
C. Review and approval, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving a
historic lamlma;k or eemolition, partial dcmolition or reloeatioH of any structare rated as
a "4" or a n 5" by the HPC in its evaluation of the IIwcntory of Historic Sites and
Structures of me City of ""speR properties listed on the Inventory of Historic Sites and
Structures, as periodically amended under Chapter 26.72;
D. Periodic evaluation of the Inventory of Historic Sites and Structures, under
Chapter 26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board of adjustment on a request for variance in the H, Historic Overlay District or
involving a historic landma;k properties listed on the Inventory of Historic Sites and
Structures, under Chapter 26.72;
F. Recommendation of the city council of Historic District and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, S I: Code 1971, S 4-403)
Sections:
26.52.010
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
26.52.080
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
General.
Pre-application conference.
Application and fees.
Initiation of development application.
Determination of completeness and review by the planning director.
Review of a development application by decision-making bodies.
Certificate of compliance and building permit issuance.
Vested property rights.
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26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications. These common procedures apply to the following types ofland
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in environmentally sensitive areas (ESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of historic landma;kG properties included
on the Inventory of Historic Sites and Structures (Chapter26.72), designation ofH,
Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or
designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments
(PUD) (Chapter 26.84), subdivision review (Chapter 26.88), review of amendments to the
text of this chapter or the official zone district map (Chapter 26.92), and growth
management quota system (GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the planning director; (4) review of the development
application by the relevant decision-making body; and upon approval of the development
application, (5) receipt of a building permit. These common development review
procedures are organized consistently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-maldng body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the relevant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also summarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
hearing, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject to these common
review procedures. However, development which is as of right is only subject to the
building permit stage of review. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
5
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FIGURE 6-101:
PROCESS OF DEVELOPMENT REVIEW
Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2. EXEMPT HISTORIC DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
3. EXEMPT ESA DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:
a. Reviewed by Planning and Zoning Commission.
b. Public hearing required.
6
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2. SPECIAL REVIEW:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
5. SUBDIVISION EXEMPTIONS:
a. Reviewed by City Council.
b. No public hearing required except for lot splits.
6. . MINOR DEVELOPMENT OF A HISTORIC L^.NDM.\RK PROPERTY
LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A
HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
HISTORIC Lf.NDMf.RK PROPERTY LISTED ON THE INVENTORY OF
HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS:
1. GMQS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning Commission.
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c. May be consolidated with a conditional use application, a special
review application, and/or an ESA application before the Planning and Zoning
Commission and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note I below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before both Planning and Zoning
Commission and City Council.
3. GMQS EXEMPTIONS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
5. SIGNIFICANT DEVELOPMENT OF HISTORIC U\NDM.\RK A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN HISTORIC DISTRICT:
a. Reviewed by:
and
(1) Historic Preservation Commission (for conceptual review),
(2) Historic Preservation Commission (for final review).
8
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b. Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
1 and 3 below), and
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public hearing required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
(for final).
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DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
1. SIGNIFICANT DEVELOPMENT OF HISTORIC L\NDlVL\RK A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR
PUD:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
SPA), and
(3) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes 1 and 3 below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual pun or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two step Commission/Council applications can be reviewed concurrently
with a three, four or six step application at the step identified in the process.
ABBREVIATIONS:
ESA means Enviromnentally Sensitive Areas.
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GMQS means Growth Management Quota System.
PUD means Planned Unit Development.
SPA means Specially Planned Area.
TABLE 6-101:
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Type of Number of Steps Review Public Consolidate With
Development In Process Entity Hearing? Other Apps?
Application When. When.
Permitted Uses None Planning No No
Agency
Exempt Development Staff
Historic
ESA
GMQS
Conditional Use One Commission Yes--At step 1 No
Special Review Commission No No
ESA Commission No No
GMQS Commission No No
Subdivision One Council No--except lot No
Exemptions splits at Step 1
Minor DevelopmentOne HPC Yes--For No
of hiat0ric lanEima;k Demolition Only
a property listed on the at Step 1
Inventory of Historic
Sites and Structures
or in historic district
GMQS Two Commission! Yes-oAt step 1 Yes--Conditional
11
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Council Use at Step 1
Text or Map Commission! Yes--At Step Special Review at
Amendment Council 1&2 Step 1
GMQS Exemptions Commission! No ESA at
Council Step 1
Subdivision Commission! Yes- At Step 1 Subdivision
Review Council Exemption at
Step 2
GMQS Commission! Yes-oAt Step I Subdivision
Exemptions Council Exemption at
Step 2
Significant Two HPC/HPC Yes--At Step 1 No
development of
historic landma;k
a property listed on
the Inventory of
Historic Sites and
Structures
or in historic
district
Designate historic Three HPC/ Yes--At Step Yes--Conditional
landmark or district Commission! 2 and 3 Use at Step 2
Council, Special
Review at Step 2,
ESA at Step 2,
GMQS
Exemption at Step
2&3,
Subdivision
Exemption at Step
3
SPA orPUD Four Commission! Yes--At Step Yes--GMQS
Council 2 and 3 and/or GMQS
exemption at Step
3& 4, Subdivision
Review at Step 3
& 4, Text or map
amend at Step 3 &
12
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Significant Six
Development of
Historic landma;k
a property listed on
the Inventory of
Historic Sites and
Structures or in Historic
District in conjunction with
SPA,orPUD
HPC/
Commission!
Council
YesnAt Step
1,3,and5
(Code 1971, S 6-101)
4, Conditional
Use at Step 3,
Special Review at
Step 3, ESA at
Step 3,
Subdivision
Exemption at Step
4
Yes--GMQS
GMQs and/or
GMQS exempt.
at Step 5&6,
Subdivision
Review at Step
5&6, Text
or map amend
at Steps 5&6,
Condo Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
6
26.52.020 Pre-application conference.
A. General. Prior to formal filing of a development application, it is
recommended that an applicant confer with the staff of the planning agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency staff to review informally a proposed
development and determine the most efficient method of development review before
substantial commitments of time and money are made in the submission of an
application.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference, may include, but are not limited to the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
features; preservation of historic structures and landmarks; protection of environmentally
13
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sensitive areas; proposed off-street parking and internal traffic circulation; and total
ground coverage of paved areas and structures.
2. Review procedure. The planning agency staff should identify procedural
review requirements for the proposed development, and applicable review standards and
terms of this title that apply to the review of the proposed development. This should
include identifying those stages of the common review procedure which apply, which
decision-making body or bodies will review the development application, and the
approximate length of the development review procedure.
3. Referral agencies. The planning agency staff should identify the city, state,
and federal agencies that are required to review the proposed development, provide the
applicant with persons at these agencies to contact about review procedures, and
generally describe the information which will be needed to satisfy the concerns of the
relevant city, state, and federal agencies.
4. Application contents. The plauning agency staff should establish the
contents ofthe development application required to be submitted for the proposed
development. This should include descriptions of the types of reports and drawings
required, the general form which the development application should take, and the
information which should be contained within the application.
5. Application copies and fee. The planning agency staff should identify the
number of copies of the development application that is required to be submitted for the
proposed development, along with the amount of the fee needed to defray the cost of
processing the application, and the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
written summary of the meeting. One copy of this written sununary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, S 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership ofthe parcel on which development is proposed
to occur, consisting of a current certificate from a title insurance company, or attorney
liCensed to practice in the State of Colorado, listing the names of all owners of the
property, and all mortgages, judgments, liens, easements, contracts and agreements
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affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of
Aspen.
5. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
D. Copyrighted materials. The City of Aspen will not accept for development
application or recordation purposes any materials to which copyright applications have
been made unless the applicant shall waive all claims and indemnify the city. Any person
submitting a development application shall consent that any document submitted to the
City of Aspen as part of a development application may be utilized by the city in any
manner deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, S 8; Ord. No. 56-1994, S 12: Code 1971, S 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
owners of real property of a proposed development. In addition, the city councilor the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landmark
(Chapter 26.76). (Code 1971, S 6-203)
26.52.050 Determination of completeness and review by the planning director.
A. Determination of completeness.
1. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-application conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determination of completeness. After a development application has been
received, the planning director shall determine whether the application is complete. If the
planning director determines that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The planning director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determined to be complete, the planning director shall notify the applicant of its
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completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements ofthis chapter.
B. Review and recommendation by planning director.
I. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
appropriate city staff persons, departments and referral agencies. Any comments shall be
returned to the planning director prior to submitting a recommendation to the applicable
decision-making body.
2. Report and recommendation. The planning director shall compile all
comments and recommendations from appropriate city staff persons, departments, and
referral agencies, and shall make a written report and recommendation to the appropriate
decision-making body on the development application. The written report and
recommendation shall state whether the application conforms to the review standards
pertaining to the relevant development approval sought, and whether it should be
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recom'mendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section. If the hearing is
a public hearing required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.52.060(E).
(Code 1971, S 6-204)
26.52.060 Review of a development application by decision-making bodies.
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
1. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or ofhiotoric landma;k a propet1;y listed on the
Inventory of Historic Sites and Structures, environmentally sensitive area (ESA), GMQS
allotments, and subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a
certificate of zoning compli'lllce issued to the chief building official. Review and
determination of exemptions for development in the H, Historic Overlay District or of
historic lanama;k a property listed on the Inventory of Historic Sites and
Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or
for certain GMQS Allotments (Chapter 26.100) shall be determined by the planning
director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
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c. Exemptions of development in H, Historic Overlay District and/or of
historic landma;k a property listed on the Inventory of Historic Sites and Structures.
Exemption of development in the H, Historic Overlay District and/or of a hiGtoric
landma;k a property listed on the Inventory of Historic Sites and Structures shall be
granted by the planning director pursuant to the terms and stan,dards established in
Section 26.72.010(C).
d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.050(B).
e. Exemptions of development from growth management quota system
(GMQS) allotment. Exemption of certain development from growth management quota
system (GMQS) allotment shall be granted by the planning director pursuant to the terms
established in Section 26.1 00.040(A).
f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shall be granted by
the Planning Director pursuant to the terms established in Section 26.88.030(A)(I)
2. One-step commission review: Development application for conditional
uses, special review, and in environmentally sensitive area (ESA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of certain development from GMQS pursuant to Section
26. 1 00.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public hearing by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a
public hearing to review the application. At the conclusion of the public hearing, the
commission shall determine if the development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt of the written report and recommendations of the planning
director for development subject to special review (Chapter 26.64), development in
environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.1 00.040(B), the commission shall hold a hearing to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section 26.64.040), ESA
(Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)),
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One-step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a historic landma;k property listed on
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the Inventory of Historic Sites and Structures requiring consolidation with no other
development application. A development application for minor development or
demolition in a H, Historic Overlay District or of a historic laHdma;k property listed on
the Inventory of Historic Sites and Structures(Chapter 26.72) only shall be reviewed by
the HPC pursuant to the following procedures.
a. Hearing by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a historic landmark property listed on the Inventory of Historic
Sites and Structures, the HPC shall hold a hearing to review the application. At the
conclusion of the hearing, the HPC shall determine if the development application meets
the standards of Section 26.72.01 OeD), and shall adopt a development order approving,
approving with conditions, or denying the application.
b. Public hearing by HPC for Demolition in H Historic Overlay District or
involving a property listed on the Inventory of Historic Sites and Structures. After receipt
of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a Historic Landma;k property listed on
the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the HPC shall determine if the development application
meets the standards of Section 26.72.020(B), and shall adopt a development order
approving, approving with conditions,. or disapproving the application.
4. On-step council review: Development application for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88) shall be
reviewed by the city council pursuant to the following procedures.
a. Hearing by council for subdivision exemption. After receipt of the written
report and recommendation of the planoing director for subdivision exemption, the
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public hearing for which notice has been provided pursuant
to Section 26.52.060(E). At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
5. Two-step commission and city council review: Growth management quota
system (GMQS) allotment; subdivision review; amendment to the text of this title or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council artd may be consolidated with a development
application for a conditional use, special review or ESA.
a. GMQS allotment for a permitted use.
(1) Public hearing by commission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.52.060(E), shall hold a public
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hearing to review the application. At the conclusion of the public hearing, the
commission shall determine the points accumulated by the application pursuant to the
standards of Section 26.l00.060(E), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
(2) Hearing by city council. Upon receipt of the recommendation of the
scoring of the development application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text ofthis title or official zone district map or subdivision review or
certain GMQS exemptions alone.
(1) Public hearings by commission. After receipt of the written report and
recommendations ofthe planning director for a development application for GMQS
scoring in conjunction with a development application for a conditional use, special
review, ESA, subdivision review or amendment to the text of this title or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public'
notice pursuant to Section 26.52.000(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040( c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA, subject to
approval by the city council of the GMQS allotment for the application. The commission
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or for certain exemptions from GMQS. Concurrently, the commission shall
determine the points accumulated by the application for GMQS pursuant to the standards
of Section 26.l00.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for a GMQS exemption is heard alone,
there shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation of the scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.52.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a histeric landmffi"k property listed on
the Inventory of Historic Sites and Structures requiring consolidation with no other
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development application. Review and approval of a development application for
significant development in a H, Historic Overlay District or of a historie landma;k
property listed on the Inventory of Historic Sites and Structures only requires review and
approval of a conceptual development plan by the HPC and review and approval of a
final development plan by the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
historic landma;k property listed on the Inventory of Historic Sites and Structures, the
HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to
review the application. At the conclusion of the public hearing, the HPC shall determine
if the development application meets the standards of Section 26.72.010(D), and shall
approve, approve with conditions, or deny the conceptual development plan.
b. Hearing for review of final development plan by HPC. After receipt of the
written report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a hiDtoric landmark
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
hearing to review the final development plan. At the conclusion of the hearing the HPC
shall consider the recommendation of the planning director, determine if the final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.01 OeD), and adopt a
development order approving, approving with conditions, or disapproving the
application.
7. Three-step HPC, commission, and city council review: Designation ofH,
Historic Overlay District or historic landmark. Review and approval of a development
application for designation of a H, Historic Overlay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt of the written report and recommendations
of the planning director regarding a development application for designation, amendment,
or rescission of H, Historic Overlay District or of a historic landmark designation, the
HPC shall hold a hearing to review the application: At the conclusion of the hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving,
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
application meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted approving, approving with conditions, or
disapproving the application. Also, if applicable, the commission shall concurrently
,
determine ifthe application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, S~ction 26.68.030 through 26.68.050 for
ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development
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order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council ofthe development application designating the property.
c. Public hearing by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the city council shall consider the recommendations of the planning
director, the HPC, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS and GMQS exemption or conditional uses, special
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commission and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission. After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city
council for its review. If the development application is being considered as part of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the final
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the final development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.52.060(E),
shall hold a public hearing to review the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
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conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
development plan from the planning director, the commission, after public notice
pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the text of this title or the
official zone district map, or conditional use, special review, and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.1 OO.060(E), (F) or (G),
whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment.
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
final development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this title or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, GMQS allotment or exemption, subdivision review or amendment, if
applicable. At the conclusion of the hearing, the city council shall determine if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing pursuant to
public notice required in Section 26.52.060(E), and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt a development order approving,
approving with conditions, or disapproving the application. If a development application
for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.1 00.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
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meets the standards of Section 26.88.040(c) and adopt a development order approving,
approving with conditions or disapproving the application.
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Overlay District or of histOri6 landmark a property listed on the Inventory
of Historic Sites and Structures in conjunction with SPA or PUD, only; or consolidated
with other development applications. Review and approval of a development application
for significant development in a H, Historic Overlay District or of a historic landma;k fi
property listed on the Inventory of Historic Sites and Structures in conjunction with a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS allotment or exemption, subdivision review, an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, require review and approval under a six-step process involving
review and approval of the historical district application by the HPC, review and approval
of a conceptual development plan by the commission and city council, and review and
approval of a final development plan by the commission and city council.
a. Public hearing on conceptual development plan for significant
development. After receipt of the written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a historic landma;k property listed on the Inventory of Historic
Sites and Structures, and after public notice pursuant to Section 26.52.060(E), the HPC
shall hold a public hearing to review the conceptual development plan and
recommendations of the planning director. At the conclusion ofthe public hearing, the
HPC shall determine if the conceptual development plan meets the standards of Section
26.72.01O(D), and shall approve, approve with conditions, or disapprove the conceptual
development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Historic
Overlay District or of a historic landmark property listed on the Inventory of Historic
Sites and Structures, and after receipt of the written report and recommendation of the
planning director for a development application for conceptual development plan
approval for SPA or PUD, the commission shall hold a hearing to review the conceptual
development plan. At the conclusion of the hearing, the commission shall recommend
approval, approval with conditions, or disapproval of the conceptual development plan
pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable. The recommendation shall then be forwarded to the city council for its
review. If the development application is being considered as part of a consolidated
review process with development applications for GMQS allotment or exemption,
subdivision review, or an amendment to the text of this title or the official zone district
map, or conditional uses, special review, or ESA, initial review of these applications will
not be heard until the commission and city council consider the final development plan.
Provided, however, that at the request of the applicant, an amendment to the text of this
title or the official zone district map may be considered in conjunction with conceptual
development plan review, but final actions on such development applications shall not be
taken until review and approval ofthe final development plan is undertaken.
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c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations of the commission for a development application
for the conceptual development plan, the city council, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the conceptual development
plan. At the conclusion of the hearing, the city council shall approve, approve with
conditions, or disapprove the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Overlay District or of a historic landma;k property listed on the Inventory of Historic
Sites and Structures shall be reviewed after the commission and city council review of the
conceptual development plan for any consolidated development application, and prior to
final development planteview by the commission and the city council for the
consolidated applications. It shall be reviewed by the HPC pursuant to the following
procedures After receipt of the written report and recommendation of the planning
director for a final development plan for significant development in a H, Historic Overlay
District or a mstorie landrna;k property listed on the Inventory of Historic Sites and
Structures, the HPC shall hold a hearing to review the final development plan. At the
conclusion of the hearing, the HPC shall consider the recommendation of the planning
director, determine if the final development plan is consistent with the conceptual
development plan, determine if the final development plan meets the standards of Section
26.72.010(D), and adopt a development order approving, approving with conditions, or
denying the application, subject to approval by the city council of the final development
plan for the consolidated development applications.
e. Public hearing on commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a historic landmark
property listed on the Inventory of Historic Sites and Structures, and after receipt of the
written report and recommendation on the final development plan from the planning
director for SPA, or PUD, and if applicable, a development application for GMQS
scoring or exemption, an amendment to the text of this title or the official zone district
map, or conditional uses, special review, and ESA, the commission, after public notice
. pursuant to Section 26.52.060(D), shall hold a public hearing to review that part of the
application pertaining to the final development plan, the GMQS application, the
amendment application, and the other applications, if applicable. At the conclusion of the
hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or denying the final development plan. If
applicable, the commission shall concurrently determine the points accumulated by the
application for GMQS pursuant to the standards of Section 26.1 00.060(E), (F) or (G), and
shall forward the score to the city council. If applicable, the commission shall also
determine if the application meets the standards of Section 26.88.040(C) and 26.92.020,
and recommend approval, approval with conditions, or disapproval of a development
application requesting subdivision review and amendment to the text of this title or the
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official zone district map. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for
ESA, and shall adopt a development order approving, approving with conditions, or
denying that part of the application pertaining to conditional uses, special review and
ESA, subject to approval by the city council of the final development plan, amendment,
or the GMQS allotment.
f. Hearing on city council review of final development plan and other
consolidated development applications. After receipt of the recommendation on the final
development plan, or GMQS scoring from the commission, the city council shall hold a
hearing to review that part of the application pertaining to the final development plan,
GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine if the final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD),
whichever is applicable, and shall adopt a development order approving, approving with
(
conditions, or disapproving the final development plan. If a development application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
determine if the application meets the standards of Section 26.l00.040(C). Ifa
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing with public
notice pursuant to Section 26.52.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. If a development application for subdivision is being reviewed, the city
council shall determine if the plat meets the standards of Section 26.88.040( c) and shall
adopt a development order approving, approving with conditions or disapproving the
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
C. General hearing procedures. The following general procedures shall apply
to the conduct of all hearings regarding the review of a development application by .
decision-making bodies.
1. Oath or affirmation. Testimony and evidence shall be given under oath or
by affirmation to the body conducting the hearing.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person
or an organization Anyone representing another person or an organization must present
written evidence of their authority to speak on behalf of the person or the organization in
regard to the matter under consideration. Each person who appears at a public hearing
shall be identified and, if appearing on behalf of another person or an organization, state
the name and mailing address of the person or the organization.
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3. Due order of proceedings. the decision-making body conducting the
hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or
unduly repetitious. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion of the chairman or mayor. The order
of proceedings shall be as follows:
a. The planning agency staff shall present a narrative and graphic description
of the development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has been given, if required.
d. Public testimony shall be heard, first in favor ofthe development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
f. The applicant may respond to any testimony or evidence presented by the
planning agency staff or public.
4. Testimony. In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to make a proffer in regard to such testimony or
evidence for the record. Such proffer may be made at the hearing or in writing within
fifteen (15) days after the close ofthe hearing.
5. Continuance of hearing. The decision-making body conducting the hearing
may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place. No notice shall be required if a hearing is continued. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the decision-making body conducting
the hearing, only upon good cause shown. All adjourned public hearings shall commence
only upon the giving of all notices which would have be.en required were it the initial call
of the public hearing.
6. Other rules to govern. Other matters pertaining to the public hearing shall
be governed by other provisions of the Municipal Code of the City of Aspen, Colorado,
applicable to the decision-making body conducting the hearing and its adopted rules of
procedure, so long as the same are not in conflict with this chapter. The city's decision-
making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing.
7. Record.
a. Records of hearing. The body conducting the hearing shall record the
proceedings by any appropriate means which shall be transcribed at the request of any
person.
b. Record. The transcript of oral proceedings, including testimony and
statements of personal opinions, the minutes of the secretary, all applications, exhibits
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and papers submitted in any proceeding before the decision-making body, the report and
recommendation of the planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public records. All records of decision-maldng bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
D. Actions by decision-making bodies. All decision-making bodies shall act
in accord with the time limits established in this title. Action shall be taken as promptly
as possible in consideration of the interests of the citizens of the City of Aspen.
E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms ofthis section. Table 6-101
establishes the steps in the development review process at which time notice is to be
gIven.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought, date, time and place of the hearing,
the address and legal description of the subject property if applicable, a sununary of the
development application under consideration, and identification of the decision-making
body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.52.060(E)(4).
a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.52.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.060(E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.060(E)(2). At least ten (10) days prior to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least
five (5) days if sent by hand delivery, to all owners of property within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S.
mail or hand delivery to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
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Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions, subdivision exemptions (other than for a lot split) or minor development in
H an "H." Historic Overlay District or involving a property listed on the Inventory of
Historic Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and
posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c).
c. Development application for significant development in H an "H."
Historic Overlay District; demolition in H an "H" Historic Overlay District; development
in or designation of specially planned area (SPA); planned unit development (PUD);
amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Overlay District or historic landmarks; groWth
management quota system (GMQS). Significant development in a H, Historic Overlay
District or of a historic landma;k property listed on the Inventory of Historic Sites and
Structures, development, demolition of a mstoric l(ll1dmark or of a structure rates as a "4 "
or a "5" BY the HPC in its eVa1uatioR of the ilT';eHtory of historic sites and structures
property listed on the Inventory of Historic Sites and Structures, designation of a
specially planned area (SPA), planned unit development (PUD), amendments to the
official zone district map unless for the entire city, subdivision exemption for lot split,
designation of Historic Overlay District or historic landmarks, and growth management
quota system (GMQS) review requires publication of notice, posting of notice and
mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City Council
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
land. Any development application which will cover five (5) acres or more ofland
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral owners ofthe property subject to the development application.
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5. Rezoning of entire city. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this title, or
whenever the text of this title is to be amended, whether such revision be made by repeal
of this title and enactment of a new land use regulation, or otherwise, the requirement of
an accurate survey map or other sufficient legal description of, and the notice to and
listing of names and addresses of owners of real property in the area of the proposed
change, shall be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days prior to
the public hearing on such amendments. (Ord. No. 13-1993 S 3; Ord. No. 56-1994, S 13:
Code 1971, S 6-205)
Chapter 26.72
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR
INVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Sections:
26.72.010
26.72.020
Minor development, significant development, and exemptions.
Demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation.
Insubstantial amendment of development order.
Appeal and call up.
Variances.
Minimum maintenance requirements.
26.72.030
26.72.040
26.72.050
26.72.060
26.72.010 Minor development, significant development, and exemptions.
A. General. Any development within an "H," Historic Overlay District, or
development involving a hiatoric landmark property listed on the Inventory of Historic
Sites and Structures must be reviewed in accordance with the provisions of this Section
26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community
development director under Section 26.72.010 (C). If not exempted, development is
categorized as minor or significant development which must obtain approval of the HPC.
Minor development review and approval is a one-step process and requires no public
hearing. Significant development must go through a conceptual and final development
plan review and approval process, with a public hearing occurring at the time of
conceptual development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a hiatoric landmark property listed on the Inventory of
Historic Sites and Structures unless:
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development is approved by the HPC as either minor or significant
development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.01 OeD).
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C. Exemption.
1. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shaH exempt from HPC
review shall include 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. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other sirnilar attachlllents to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a nonhistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent historic sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources.
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shall be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving historic landmarks properties listed on' the Inventory of
Historic Sites and Structures.
1. Development in the "H," Historic Overlay District, and all development involving
historic lanEima;ks properties listed on the Inventory of Historic Sites and Structures. No
approval for any development in the "H," Historic Overlay District, or involving historic
landma;ks properties listed on the Inventory of Historic Sites and Structures shall be
granted unless the HPC finds that all of the following standards are met.
a. The proposed development is compatible in general design, massing and volume,
scale, and site plan with designated historic structures located on the parcel and with
development on adjacent parcels when the subject site is in an "H," Historic Overlay
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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 or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
HPC may grant such 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
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
bonus. No development application which includes a request for an FAR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; 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.
2. Additional development guidelines. The City Council, upon recommendation of
the HPC, shall established additional guidelines for lise by HPC in the review of all
development in an "H," Historic Overlay District, and involving historic 1aJJ.drn.a;ks
properties listed on the Inventory of Historic Sites and Structures, in accordance with the
procedures in Chapter 26.08.
E. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H."
Historic Overlay District and of all development involving historic 1aJJ.drn.a;ks properties
listed on the Inventory of Historic Sites and Structures a development application shall be
submitted to the Community Development Director and reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and 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; or
c. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
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listed features may be defin<ld as minor if there is a finding that the cumulative impact of
such development is minor in its <lffect on the character of the existing structur<lS.
d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may detenlline that the development is to b<l
review<ld as a significant development, pursuant to section 26.72.0 I O(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following: .
a. The general application information required in section 26.52.030.
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. A statement of the effect of the proposed development on the original design of
the. historic structure (if applicable) and character of the neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic Overlay District, and of all development involving historic landrna;ks
properties listed on the Inventory of Historic Sites and Structures. a conceptual
development plan and final development plan shall be reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction of a new structure within a "H, n Historic Overlay District; and
e. 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 when
a development plan has been required by the HPC pursuant to section 26.72.020(1)(5).
3. Conceptual development plan.
a. Development application for conceptual development plan. A development
application for a conceptual development plan shall include the following:
(1) The general application information required in section 26.52.030.
(2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) Conceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood.
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(5) Scale drawings of all elevations of any proposed structures, including a roof plan.
(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan. Approval of a conceptual
development plan shall not constitute final approval of significant development or
permission to proceed with development. Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval of a
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development plan. A development application
for a final development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings of the proposal at 1/4" = 1'0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989,
S 9; Ord. No. 60-1990, S 3; Ord. No. 21-1995, S l(part); Ord. No. 49-1995, S 4; Ord. No.
33-1997, S 1: Code 1971, S 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. General. No demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation of any s,tructure included in the Inventory of Historic Sites and
Structures of the City of Aspen, established pursuant to section 26.76.090, 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 HPC because it meets the applicable standards of section
26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the historic significance of that
parcel. "Partial demolition" shall mean the razing of a portion of any structure on an
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inventoried parcel or the total razing of any structure on an inventoried parcel which does
not contribute to the historic significance of that parcel.
B. Standards for review of demolition. No approval for demolition shall be granted
unless the HPC finds that all of the following standards are met.
I. The structure proposed for demolition is not structurally sound despite evidence
of the owner's efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC finds all ofthe following standards are met:
1. 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
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on the
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in mass and
scale with the historic structure.
D. Standards for review of off-site relocation. No approval for off-site relocation
shall be granted unless the HPC finds that all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use ofthe property; and
2. 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
3. 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
4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, 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
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5. The receiving site is compatible in nature to the structure or structures proposed to
be moved, the character of the 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 neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
E. Standards for review of on~site relocation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26.72.020(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 26.72.020(D)(2) must be met.
F. Standards for review of temporary relocation. No approval for temporary
relocation shall be granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
1. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC pursuant to Section
26.72.010.
H. 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 26.72.020(D), off-site
relocation and Section 26.72.020(F), temporary relocation.
I. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC 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
26.72.020 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 HPC may
consider having studied 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,
35
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off-site relocation or on-site relocation and development plan. The HPC 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.
J. Application for demolition, partial demolition, off-site relocation, on-site
relocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26.72.020(J)(I), (2), and (5):
1. The general application information required in Section 25.62.030.
2. 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.
3. A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site relocation only: An economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies, in its current
condition, and after demolition or relocation.
b. 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.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable return on investment.
5. 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
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
26.72.010.
K. 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 Section 26.72.020(1)(1) and (2).
1. Penalties. A violation of any portion of this Section 26.72.020 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. (Ord. No. 17-1989, S I; Ord. No. 9-1991, S 1; Ord. No. 21-
1995, S l(part): Code 1971, S 7-602)
36
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26.72.030 Insubstantial amendment of development order.
A. 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 be 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.
B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, sl(part): Code
1971, S 7-603)
26.72.040 Appeal and call up.
A. Any action by the HPC 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 within
thirty (30) days of the decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving, or suspending action on a demolition, partial demolition, off-site
relocation, or on-site relocation of any structure on the inventory of historic sites and
structures by serving written notice on the HPC within fourteen (14) days of the HPC's
decision and notifying the applicant of the call up.
B. Within thirty (30) days after the date of a decision by the HPC which is
appealed or called up by the city council, the council shall hold a public hearing after
publishing notice pursuant to Section 26.52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision of the HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due process
by the HPC. 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 HPC for
rehearing. (Ord. No. 7-1989, s 2; Ord. No. 21-1995, S I (part): Code 1971, S 7-604)
26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or
development affecting a historic lanclmark property listed on the Inventory of Historic
37
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Sites and Structures, without receiving a written recommendation from the HPC. (Ord.
No. 21-1995, S l(part): Code 1971, S 7-605)
26.72.060 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 26.76.090, and all structures located
within a 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 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 designated agent in charge of such building or structure shall
keep in good repair:
I. All of the exterior portions of such improvements.
2. All interior portions thereof which, ifnot 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.
The historic preservation commission, on its own initiative, 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.
C. Demonstration of hardship. Any owner of a structure identified in the
inventory of historic sites and structures which HPC and the chief building official finds
requires such maintenance and repairs as described in this section may make application
requesting from the city council a one-time, 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 the title is transferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
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.
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, Section 1.04.080, shall not apply to violations
38
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of these minimum maintenance requirements. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S
l(part): Code 1971, S 7-606)
39
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR
THE RECOMMENDATION OF APPROVAL OF AMENDMENTS TO
CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS,
SECTION 26.20.030 POWERS AND DUTIES OF THE HISTORIC
PRESERVATION COMMISSION, SECTION 26.52 COMMON DEVELOPMENT
REVIEW PROCEDURES, AND SECTION 26.72 DEVELOPMENT IN AN "H,"
HISTORIC OVERLAY DISTRICT, OR INVOLVING THE INvENTORY OF
HISTORIC SITES AND STRUCTURES
Resolution 98-_
WHEREAS, The Community Development Department received from the
Historic Preservation Commission a recommendation for an amendment to the land use
regulations, regarding certain text amendments to Chapter 26 relating to Section
26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52
Common Development Review Procedures, and Section 26.72 Development in an "H,"
Historic Overlay District, or involving the Inventory of Historic Sites and Structures; and
WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved .with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Community Development Department reviewed the proposal
and recommended approval; and
WHE:REAS, the Plarming and Zoning Commission reviewed the application at
its regular meeting on October 6, 1998, at which the Commission approved the proposed
text amendment.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
That Section 26.20.030 Powers and Duties of the Historic Preservation Commission shall
be amended to read as follows:
26.20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties: .
A. Recommendation of approval or disapproval to the commission and the
city council of the designation of H, Historic Overlay District or Historic Landmark,
under Chapter 26.76;
40
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I)
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving properties
listed on the Inventory of Historic Sites and Structures, under Chapter 26.72;
C. Review and approval, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving
properties listed on the Inventory of Historic Sites and Structures, as periodically
amended under Chapter 26.72;
D. Periodic evaluation of the Inventory of Historic Sites and Structures, under
Chapter 26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board of adjustment on a request for variance in the H, Historic Overlay District or
involving properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
F. Recommendation of the city council of Historic District and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, S 1: Code 1971, S 4-403)
Section 2:
That Section 26.52 Common Development Review Procedures shall be amended to read
as follows:
Sections:
26.52.010
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
26.52.080
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
General.
Pre-application conference.
Application and fees.
Initiation of development application.
Determination of completeness and review by the planning director.
Review of a development application by decision-making bodies.
Certificate of compliance and building permit issuance.
Vested property rights.
26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications. These common procedures apply to the following types of land
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
41
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./
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in environmentally sensitive areas (ESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of properties included on the Inventory of
Historic Sites and Structures (Chapter 26.72), designation ofH, Historic Overlay Districts
or Historic Landmarks (Chapter 26.76), development in or designation of specially
planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84),
subdivision review (Chapter 26.88), review of amendments to the text of this chapter or
the official zone district map (Chapter 26.92), and growth management quota system
(GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the planning director; (4) review of the development
application by the relevant decision-making body; and upon approval of the development
application, (5) receipt of a building permit. These commob. development review
procedures are organized consistently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-making body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the relevant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also summarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
hearing, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject to these common
review procedures. However, development whiCh is as of right is only subject to the
building permit stage of review. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
FIGURE 6-101:
PROCESS OF DEVELOPMENT REVIEW
I
I
I
I
J
i
I
.
Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
42
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,
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2. EXEMPT HISTORIC DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
3. EXEMPT ESA DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:
a. Reviewed by Planning and Zoning Commission.
b. Public hearing required.
2. SPECIAL REVIEW:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning Commission.
43
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b. No public hearing required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
5. SUBDIVISION EXEMPTIONS:
a. Reviewed by City Council.
b. No public hearing required except for lot splits.
6. MINOR DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC
DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQuIRING TWO STEPS:
1. GMQS:
a. Reviewed by:
and
(1) Planning and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning Commission.
c. May be consolidated with a conditional use application, a special
review application, and/or an ESA application before the Plarming and Zoning
Commission and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
44
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and
(1) Plarming and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b. Public hearing required before both Planning and Zoning
Commission and City Council.
3.' GMQS EXEMPTIONS:
a. Reviewed by:
and
(1) Planning and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
and
(1) Planning and Zoning Commission (refer to note 1 below),
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
5. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT:
a. Reviewed by:
and
(1) Historic Preservation Commission (for conceptual review),
(2) Historic Preservation Commission (for final review).
b. Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
45
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(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
1 and 3 below), and
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public hearing required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
(for final).
DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
1. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT IN CONJUNCTION WITH SPA OR PUD:
a. Reviewed by:
46
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SPA), and
(1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
(3) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes I and 3 below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
c. May be consolid~ted with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two step Commission/Council applications can be reviewed concurrently
with a three, four or six step application at the step identified in the process.
ABBREVIATIONS:
ESA means Environmentally Sensitive Areas.
GMQS means Growth Management Quota System.
PUD means Planned Unit Development.
SPA means Specially Planned Area.
47
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TABLE 6-101:
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Type of Number of Steps Review Public Consolidate With
Development In Process Entity Hearing? Other Apps?
Application When. When.
Permitted Uses None Planning No No
Agency
Exempt Development Staff
Historic
ESA
GMQS
Conditional Use One Commission Yes--At step 1 No
Special Review Commission No No
ESA Commission No No
GMQS Commission No No
Subdivision One Council No--except lot No
Exemptions splits at Step I
Minor DevelopmentOne HPC Yes--For No
of a property listed on Demolition Only
the Inventory of Historic at Step 1
Sites and Structures
or in historic district
GMQS Two Commission! Yes--At step 1 Yes--Conditional
Council Use at Step 1
Text or Map' Commission! Yes--At Step Special Review at
Amendment Council 1&2 Step 1
GMQS Exemptions Commission! No ESA at
Council Step 1
Subdivision Commission! Yes- At Step 1 Subdivision
48
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~ ;/
Review Council Exemption at
Step 2
GMQS Commission! Yes--At Step 1 Subdivision
Exemptions Council Exemption at
Step 2
Significant Two HPCIHPC Yes--At Step 1 No
development of
a property listed on
the Inventory of
Historic Sites and
Structures
or in historic
district
Designate historic Three HPC/ Yes-oAt Step Yes--Conditional
landmark or district Commission! 2 and 3 Use at Step 2
Council, Special
Review at Step 2,
ESA at Step 2,
GMQS
Exemption at Step
2&3,
Subdivision
Exemption at Step
3
SPA or PUD Four Commission! Yes--At Step Yes--GMQS
Council 2 and 3 and/or GMQS
exemption at Step
3& 4, Subdivision
Review at Step 3
& 4, Text or map
amend at Step 3 &
4, Conditional
Use at Step 3,
Special Review at
Step 3, ESA at
Step 3,
Subdivision
Exemption at Step
4
Significant Six HPC/ Yes--At Step Yes--GMQS
49
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Development of
a property listed on
the Inventory of
Historic Sites and
Structures or in Historic
District in conjunction with
SPA, or PUD
Commission! 1,3, and 5
Council
(Code 1971, S 6-101)
GMQs and/or
GMQS exempt.
at Step 5&6,
Subdivision
Review at Step
5&6, Text
or map amend
at Steps 5&6,
Condo Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
6
26.52.020 Pre-application conference.
A. General. Prior to formal filing of a development application, it is
recommended that an applicant confer with the staff of the plarming agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency staff to review informally a proposed
development and determine the most efficient method of development review before
substantial commitments of time and money are made in the submission of an
application.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference, may include, but are not limited to the following:
I. Proposed development. The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
features; preservation of historic structures and landmarks; protection of environmentally
sensitive areas; proposed off-street parking and internal traffic circulation; and total
ground coverage of paved areas and structures.
2. Review procedure. The planning agency staff should identify procedural
review requirements for the proposed development, and applicable review standards and
terms of this title that apply to the review of the proposed development. This should
include identifying those stages of the common review procedure which apply, which
decision-making body or bodies will review the development application, and the
approximate length of the development review procedure.
3. Referral agencies. The planning agency staff should identify the city, state,
and federal agencies that are required to review the proposed development, provide the
applicant with persons at these agencies to contact about review procedures, and
50
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generally describe the information which will be needed to satisfy the concerns of the
relevant city, state, and federal agencies.
4. Application contents. The planning agency staff should establish the
contents of the development application required to be submitted for the proposed
development. This should include descriptions ofthe types of reports and drawings
required, the general form which the development application should take, and the
information which should be contained within the application.
5. Application copies and fee. The planning agency staff should identify the
number of copies of the development application that is required to be submitted for the
proposed development, along with the amount of the fee needed to defray the cost of
processing the application, and the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
written summary of the meeting. One copy of this written summary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, S 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shaH include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the parcel on which development is proposed
to occur, consisting of a current certificate from a title insurance company, or attorney
licensed to practice in the State of Colorado, listing the names of all owners of the
property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of
Aspen.
5. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
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C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
D. Copyrighted materials. The City of Aspen will not accept for development
application or recordation purposes any materials to which copyright applications have
been made unless the applicant shall waive all claims and indemnify the city. Any person
submitting a development application shall consent that any document submitted to the
City of Aspen as part of a development application may be utilized by the city in any
manner deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, S 8; Ord. No. 56-1994, S 12: Code 1971, S 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
owners of real property of a proposed development. In addition, the city councilor the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landmark
(Chapter 26.76). (Code 1971, S 6-203)
26.52.050 Determination of completeness and review by the planning director.
A. Determination of completeness.
1. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-application conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determination of completeness. After a development application has been
received, the planning director shall determine whether the application is complete. If the
planning director determines that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The planning director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determined to be complete, the planning director shall notify the applicant of its
completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this chapter.
B. Review and recommendation by planning director.
1. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
appropriate city staff persons, departments and referral agencies. Any comments shall be
returned to the planning director prior to submitting a recommendation to the applicable
decision-making body.
2. Report and recommendation. The planning director shall compile all
comments and recommendations from appropriate city staff persons, departments, and
referral agencies, and shall make a written report and recommendation to the appropriate
decision-making body on the development application. The written report and
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recommendation shall state whether the application conforms to the review standards
pertaining to the relevant development approval sought, and whether it should be
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recommendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section. If the hearing is
a public hearing required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.52.060(E).
(Code 1971, S 6-204)
26.52.060 Review of a development application by deCision-making bodies.
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
I. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or of a property listed on the Inventory of Historic
Sites and Structures, environmentally sensitive area (ESA), GMQS allotments, and
subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a
certificate of zoning compliance issued to the chief building official. Review and
determination of exemptions for development in the H; Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures(Chapter 26.72), in
environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments
(Chapter 26.100) shall be determined by the planning director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
c. Exemptions of development in H, Historic Overlay District and/or of a
property listed on the Inventory of Historic Sites and Structures. Exemption of
development in theH, Historic Overlay District and/or of a property listed on the
Inventory of Historic Sites and Structures shall be granted by the planning director
pursuant to the terms and standards established in Section 26.72.010(C).
d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.050(B). .
e. Exemptions of development from growth management quota system
(GMQS) allotment.. Exemption of certain development from growth management quota
system (GMQS) allotment shall be granted by the planning director pursuant to the terms
established in Section 26.1 00.040(A).
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f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shal1 be granted by
the Planning Director pursuant to the terms established in Section 26."88.030(A)(I)
2. One-step commission review: Development application for conditional
uses, special review, and in environmentally sensitive area (ESA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of certain development from GMQS pursuant to Section
26.100.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public hearing by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a
public hearing to review the application. At the conclusion of the public hearing, the
commission shall determine if the development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt of the written report and recommendations of the planning
director for development subject to special review {Chapter 26.64), development in
environmental1y sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.1 00.040(B), the commission shall hold a hearing to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section26.64.040), ESA
(Section 26.68.0.30 through 26.68.050), or GMQS exemption (Section 26.1 00.040(B)),
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One~step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures requiring consolidation with no other development
application. A development application fbr.minor development or demolition in a H,
Historic Overlay District or of a property listed on the Inventory of Historic Sites and
Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following
procedures.
a. Hearing by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
the HPC shall hold a hearing to review the application. At the conclusion of the hearing,
the HPC shall determine if the development application meets the standards of Section
26.72.0 1 O(D), and shall adopt a development order approving, approving with conditions,
or denying the application.
b. Public hearing by HPC for Demolition in H Historic Overlay District or
involving a property listed on the Inventory of Historic Sites and Structures. After receipt
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of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures, the HPC, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the HPC shall determine if the development application meets the
standards of Section 26.72.020(B), and shall adopt a development order approving,
approving with conditions, or disapproving the application.
4. On-step council review: Development application for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88) shall be'
reviewed by the city council pursuant to the following procedures.
a. Hearing by council for subdivision exemption. After receipt of the written
report and recommendation of the planning director for subdivision exemption, the
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public hearing for which notice has been provided pursuant
to Section 26.52.060(E). At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
5. Two-step commission and city council review: Growth management quota
system (GMQS) allotment; subdivision review; amendment to the text of this title or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council and may be consolidated with a development
application for a conditional use, special review or ESA.
a. GMQS allotment for a permitted use.
(1) Public hearing bycommission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.52.060(E), shall hold a public
hearing to review the application. At the conclusion of the public hearing, the
commission shall determine the points accumulated by the application pursuant to the
standards of Section 26.1 00.060(E), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
(2) Hearing by city council. Upon receipt of the recommendation of the
scoring of the development application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text of this title or official zone district map or subdivision review or
certain GMQS exemptions alone.
(1) Public hearings by commission. After receipt of the written report and
recommendations of the planning director for a development application for GMQS
scoring in conjunction with a development appliCation for a conditional use, special
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review, ESA, subdivision review or amendment to the text of this title or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA, subject to
approval by the city council of the GMQS allotment for the application. The commission
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or for certain exemptions from GMQS. Concurrently, the commission shall
determine the points accumulated by the application for GMQS pursuant to the standards
of Section 26.1 00.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for a GMQS exemption is heard alone,
there shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation of the scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.52.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures requiring consolidation with no other development
application. Review and approval of a development application for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures only requires review and approval of a conceptual
development plan by the HPC and review and approval of a final development plan by
the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures, the HPC, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the HPC shall determine if the
development application meets the standards of Section 26.72.01 OeD), and shall approve,
approve with conditions, or deny the conceptual development plan.
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b. Hearing for review of final development plan by HPC. After receipt of the
written report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic' Sites and Structures, the HPC shall hold a hearing to review the
final development plan. At the conclusion of the hearing the HPC shall consider the
recommendation of the planning director, determine if the final development plan is
consistent with the conceptual development plan, determine if the final development plan
meets the standards of Section 26.72.01 OeD), and adopt a development order approving,
approving with conditions, or disapproving the application.
7. Three-step HPC, commission, and city council review: Designation ofH,
Historic Overlay District or historic landmark. Review and approval of a development
application for designation of a H, Historic Overlay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt of the written report and recommendations
of the planning director regarding a development application for designation, amendment,
or rescission of H, Historic Overlay District or of a historic landmark designation, the .
HPC shall hold a hearing to review the application. At the conclusion ofthe hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving,
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
apjilication meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted appro\Cing, approving with conditions, or
disapproving the application. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development
order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council of the development application designating the property.
c. Public hearing by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the city council shall consider the recommendations of the. planning
director, the HPC, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
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development application5 for GMQS arid GMQS exemption or conditional ugeg, ~pMii\l
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commission and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission~ After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city
council for its review. If the development application is being considered as part of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the final
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the final development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.52.060(E),
shall hold a public hearing to review the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
development plan from the planning director, the commission, after public notice
pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the text of this title or the
official zone district map, or conditional use, special review, and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.1 00.060(E); (F) or (G),
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whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commiggion ghl1l1 COnCUl'l'~fit1y determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment.
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
final development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this title or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, GMQS allotment or exemption, subdivision review or amendment, if
applicable. At the conclusion of the hearing, the city council shall determine if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
. 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing pursuant to
public notice required in Section 26.52.060(E), and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt a development order approving,
approving with conditions, or disapproving the application. If a development application
for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.1 00.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
meets the standards of Section 26.88.040( c) and adopt a development order approving,
approving with conditions or disapproving the application.
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Overlay District or involving a property listed on the Inventory of Historic
Sites and Structures, in conjunction with SPA or PUD, only; or consolidated with other
development applications. Review and approval of a development application for
significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic Sites and Structures in conjunction with a development application
for SPA or PUD, by themselves, or in conjunction with development applications for
GMQS allotment or exemption, subdivision review, an amendment to the text of this title
or the official zone district map, or conditional uses, special review, or ESA, require
review and approval under a six-step process involving review and approval of the
historical district application by the HPC, review and approval of a conceptual
development plan by the commission and city council, and review and approval of a final
development plan by the commission and city council.
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a. Public hearing on conceptual development plan for significant
development. After receipt of the written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after public notice pursuant to Section 26.52.060(E), the HPC shall hold a public
hearing to review the conceptual development plan and recommendations of the planning
director. At the conclusion of the public hearing, the HPC shall determine if the
conceptual development plan meets the standards of Section 26.72.01 O(D), and shall
approve, approve with conditions, or disapprove the conceptual development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after receipt of the written report and recommendation of the planning director for a
development application for conceptual development plan approval for SPA or PUD, the
commission shall hold a hearing to review the conceptual development plan. At the
conclusion of the hearing, the commission shall recommend approval, approval with
conditions, or disapproval of the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The
recommendation shall then be forwarded to the city council for its review. If the
development application is being considered as part of a consolidated review process with
development applications for GMQS allotment or exemption, subdivision review, or an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, initial review of these applications will not be heard until the
commission and city council consider the final development plan. Provided, however,
that at the request of the applicant, an amendment to the text of this title or the official
zone district map may be considered in conjunction with conceptual development plan
review, but final actions on such development applications shall not be taken until review
and approval of the final development plan is undertaken.
c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations of the commission for a development application
for the conceptual development plan, the city cCluncil, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the conceptual development
plan. At the conclusion of the hearing, the city council shall approve, approve with
conditions, or disapprove the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PVD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures
shall be reviewed after the commission and city council review of the conceptual
development plan for any consolidated development application, and prior to final
development plan review by the commission and the city council for the consolidated
applications. It shall be reviewed by the HPC pursuant to the following procedures After
receipt of the written report and recommendation of the planning director for a final
development plan for significant development in a H, Historic Overlay District or a
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
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hearing to review the final development plan. At the conclusion of the hearing, the HPC
shall consider the recommendation of the planning director, determine if the final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.010(D), and adopt a
development order approving, approving with conditions, or denying the application,
subject to approval by the city council of the final development plan for the consolidated
development applications.
e. Public hearing on commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a property listed on
the Inventory of Historic Sites and Structures, and after receipt of the written report and
recommendation on the final development plan from the plarming director for SPA, or
PUD, and if applicable, a development application for GMQS scoring or exemption, an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, and ESA, the commission, after public notice pursuant to Section
26.52.060(D), shall hold a public hearing to review that part of the application pertaining
to the final development plan, the GMQS application, the amendment application, and the
other applications, if applicable. At the conclusion of the hearing, the commission shall
determine if the final development plan meets the standards of Section 26.80.030(B)
(SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to
the city council that a development order be adopted approving, approving with
conditions, or denying the final development plan. If applicable, the commission shall
concurrently determine the points accumulated by the application for GMQS pursuant to
the standards of Section 26.1 00.060(E), (F) or (G), and shari forward the score to the city
council. If applicable, the commission shall also determine if the application meets the
standards of Section 26.88.040(C) and 26.92.020, and recommend approval, approval
with conditions, or disapproval of a development application requesting subdivision
review and amendment to the text of this title or the official zone district map. Also, if
applicable, the commission shall concurrently determine if the application meets the
standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review,
or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order
approving, approving with conditions, or denying that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan, amendment, or the GMQS allotment.
f. Hearing on city council review of final development plan and other
consolidated development applications. After receipt of the recommendation on the final
development plan, or GMQS scoring from the commission, the city council shall hold a
hearing to review that part of the application pertaining to-the final development plan,
. GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine if the final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD),
whichever is applicable, and shall adopt a development order approving, approving with
conditions, or disapproving the final development plan. If a deVelopment application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
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determine if the application meets the standards of Section 26.100.040(C). If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing with public
notice pursuant to Section 26.52.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. If a development application for subdivision is being reviewed, the city
council shall determine if the plat meets the standards of Section 26.88.040(c) and shall
adopt a development order approving, approving with conditions or disapproving the
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
C. General hearing procedures. The following general procedures shall apply
to the conduct of all hearings regarding the review of a development application by
decision-making bodies.
1. Oath or affirmation. Testimony and evidence shall be given under oath or
by affirmation to the body conducting the hearing.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person
or an organization Anyone representing another person or an organization must present
written evidence of their authority to speak on behalf of the person or the organization in
regard to the matter under consideration. Each person who appears at a public hearing
shall be identified and, if appearing on behalf of another person or an organization, state
the name and mailing address of the person or the organization.
3. Due order of proceedings. the decision-making body conducting the
hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or
unduly repetitious. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion of the chairman or mayor. The order
of proceedings shall be as follows:
a. The planning agency staff shall present a narrative and graphic description
of the development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has been given, if required.
d. Public testimony shall be heard, first in favor of the development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
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f. The applicant may respond to any testimony or evidence pre'sented by the
planning agency staff or public.
4. Testimony. In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to make a proffer in regard to such testimony or
evidence for the record. Such proffer may be made at the hearing or in writing within
fifteen (15) days after the close of the hearing.
5. Continuance of hearing. The, decision-making body conducting the hearing
may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place. No notice shall be required if a hearing is continued. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the decision-making body conducting
the hearing, only upon good cause shown. All adjourned public hearings shall commence
only upon the giving of all notices which would have been required were it the initial call
of the public hearing.
6. Other rules to govern. Other matters pertaining to the public hearing shall
be govemed by other provisions of the Municipal Code of the City of Aspen, Colorado,
applicable to the decision-making body conducting the hearing and its adopted rules of
procedure, so long as the same are not in conflict with this chapter. The city's decision-
making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing.
7. Record.
a. Records of hearing. The body conducting the hearing shall record the
proceedings by any appropriate means which shall be transcribed at the request of any
person.
b. Record. The transcript of oral proceedings, including testimony and
statements of personal opinions, the minutes of the secretary, all applications, exhibits
and papers submitted in any proceeding before the decision-making body, the report and
recommendation of the planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public records. All records of decision-making bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
D. Actions by decision-making bodies. All decision-making bodies shall act
in accord with the time limits established in this title. Action shall be taken as promptly
as possible in consideration of the interests of the citizens of the City of Aspen.
E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6-101
establishes the steps in the development review process at which time notice is to be
given.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought, date, time and place of the hearing,
the address and legal description of the subject property if applicable, a summary of the
development application under consideration, and identification of the decision-making
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body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.52.060(E)(4).
a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.52.060(E)(2).
b: Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.060(E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.060(E)(2). At least ten (10) days prior to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least
five (5) days if sent by hand delivery, to all owners of property within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S.
mail or hand delivery to any federal agency, state, county, municipal government, school,
service district or other govemmental or quasi-govemmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions, subdivision exemptions (other than for a lot split) or minor development in
an "H," Historic Overlay District or involving a property listed on the Inventory of
HistorIC Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and
posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c).
c. Development application for significant development in an "H," Historic
Overlay District; demolition in an "H," Historic Overlay District; development in or
designation of specially planned area (SPA); planned unit development (PUD);
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amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Overlay District or historic landmarks; growth
management quota system (GMQS). Significant development in a H, Historic Overlay
District or of a property listed on the Inventory of Historic Sites and Structures,
development, demolition of a property listed on the Inventory of Historic Sites and
Structures, designation of a specially planned area (SPA), plarmed unit development
(PUD), amendments to the official zone district map unless for the entire city, subdivision
exemption for lot split, designation of Historic Overlay District or historic landmarks, and
growth management quota system (GMQS) review requires publication of notice, posting
of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City Council
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
land. Any development application which will cover five (5) acres or more of land
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral owners of the property subject to the development application.
5. Rezoning of entire city. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this title, or
whenever the text of this title is to be amended, whether such revision be made by repeal
of this title and enactment of a new land use regulation, or otherwise, the requirement of
an accurate survey map or other sufficient legal description of, and the notice to and
listing of names and addresses of owners of real property in the area of the proposed
change, shall be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during an business hours for fifteen (15) days prior to
the public hearing on such amendments. (Ord. No. 13-1993 S 3; Ord. No. 56-1994, S 13:
Code 1971, S 6-205)
Section 3:
Section 26.72 Development in an "H," Historic Overlay District, or involving the
Inventory of Historic Sites and Structures shall be amended to read as follows:
Ch!ipter 26.72 .
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICt, OR
INVOLVING THE INVENTORY OF HISTORIC SITESANDSTR.lJCTURES
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Sections:
26.72.010
26.72.020
Minor development, significant development, and exemptions.
Demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation.
Insubstantial amendment of development order.
Appeal and call up.
Variances.
Minimum maintenance requirements.
26.72.030
26.72.040
26.72.050
26.72.060
26.72.010 Minor development, significant development, and exemptions.
A. General. Any development within an "H," Historic Overlay District, or
development involving a property listed on the Inventory of Historic Sites and Structures
must be reviewed in accordance with the provisions of this Section 26.72.010 and
Common Procedures, Chapter 26.52, unless exempted by the community development
director under Section 26.72.010 (C). If not exempted, development is categorized as
minor or significant development which must obtain approval of the HPC. Minor
development review and approval is a one-step process and requires no public hearing.
Significant development must go through a conceptual and final development plan review
and approval process, with a public hearing occurring at the time of conceptual
development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a property listed on the Inventory of Historic Sites and
Structures unless:
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development is approved by the HPC as either minor or significant
development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.010(D).
C. Exemption.
1. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shall exempt from HPC
review shall include 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. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
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attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a nonhistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent historic sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources.
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shal1 be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving properties listed on the Inventory of Historic Sites and
Structures.
1. Development in the "H," HistoricOverlay District, and all development involving
properties listed on the Inventory of Historic Sites and Structures. No approval for any
development in the "H," Historic Overlay District, or involving properties listed on the
Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of
the following standards are met.
a. The proposed development is compatible in general design, massing and volume,
scale, and site plan 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 or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
HPC may grant such 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
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
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bonus. No development application which includes a request for an FAR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; and
b. The proposed development reflects and is consistent with the character of the
neighborhood ofthe 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.
2. Additional development guidelines. The City Council, upon recommendation of
the HPC, shall established additional guidelines for use by HPC in the review of all
development in an "H," Historic Overlay District, and involving properties listed on the
Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter
26.08.
E. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H,"
Historic Overlay District. and of an development involving properties listed on the
Inventory of Historic Sites and Structures a development application shan be submitted to
the Community Development Director and reviewed and approved by the HPC pUrsuant
to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and 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; or
c. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
listed features may be defined as minor if there is a finding that the cumulative impact of
such development is minor in its effect on the character of the existing structures.
d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may determine that the development is to be
reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following:
a. The general application information required in section 26.52.030.
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.
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e. A statement of the effect of the proposed development on the original design of
the historic structure (if appliCable) and character of the neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic Overlay District, and of all development involving properties listed on the
[nventory of Historic Sites and Structures, a conceptual development plan and final
development plan shall be reviewed and approved by the HPC pursuant to the procedures
established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction of a new structure within a "H," Historic Overlay District; and
e. 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 when
a development plan has been required by the HPC pursuant to section 26.72.020(1)(5).
3. Conceptual development plan.
a. Development application for conceptual development plan. A development
application for a conceptual development plan shall include the following:
(1) The general application information required in section 26.52.030.
(2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) Conceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood;
(5) Scale drawings of all elevations of any proposed structures, including a roof plan.
(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan. Approval of a conceptual
development plan shall not constitute final approval of significant development or
permission to proceed with development. Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval ofa
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
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a. Submission of application for final development plan. A development application
for a final development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings of the proposal at 1/4" = 1'0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989,
S 9; Ord. No. 60-1990, S 3; Ord. No. 21-1995, S l(part); Ord. No. 49-1995, S 4; Ord. No.
33-1997, S I: Code 1971, S 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. 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 26.76.090, 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 HPC because it meets the applicable standards of section
26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the historic significance of that
parcel. "Partial demolition" shaU mean the razing of a portion of any structure on an
inventoried parcel or the total razing of any structure on an inventoried parcel which does
not contribute to the historic significance ofthat parcel.
B. Standards for review of demolition. No approval for demolition shall be granted'
unless the HPC fmds that aU of the following standards are met.
1. The structure proposed for demolition is not structurally sound despite evidence
of the owner's efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
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c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC finds all of the following standards are met:
1. 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
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on the
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in mass and
scale with the historic structure.
D. Standards for review of off-site relocation. No approval for off-site relocation
shall be granted unless the HPC finds that all of the following standards are met:
I. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use of the property; and
2. 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
3. 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
4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, 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
5. The receiving site is compatible in nature to the structure or structures proposed to
be moved, the character of the 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 neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
E. Standards for review of on-site relocation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26.72.020(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 26.72.020(0)(2) must be met.
F. Standards for review of temporary relocation. No approval for tempor~
relocation shall be granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
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from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
I. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC pursuant to Section
26.72.010.
H. 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 26.72.020(D), off-site
relocation and Section 26.72.020(F), temporary relocation.
I. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC 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
26.72.020 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 HPC may
consider having' studied 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 HPC 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.
J. Application for demolition, partial demolition, off-site relocation, on-site
relocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26.72.020(1)(1), (2), and (5):
I. The general application information required in Section 25.62.030.
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2. 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.
3. A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site relocation only: An economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies, in its current
condition, and after demolition or relocation.
b. 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.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable retum on investment.
5. 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
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
26.72.010.
K. Application for demolition or exemption from demolition, partial demolition, off-
site relocation, on-site relo<;ation, or temporary relocation. A development application for
exemption shall include all items specified in Section 26.72.020(1)(1) and (2).
1. Penalties. A violation of any portion of this Section 26.72.020 shal1 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. (Ord. No. 17-1989, S I; Ord. No. 9-1991, S 1; Ord. No. 21-
1995, S l(part): Code 1971, S 7-602)
26.72.030 Insubstantial amendment of development order.
A. 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 be anticipated during the approval process. An
insubstantial amendment shal1 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.
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B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applica.ble.(Ord. N().21-1995, S l(part): Code
1971, S 7-603)
26.72.040 Appeal and call up.
A. Any action by the HPC 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 within
thirty (30) days of the decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving, or suspending action on a demolition, partial demolition, off-site
relocation, or on-site relocation of any structure on the inventory of historic sites and
structures by serving written notice on the HPC within fourteen (14) days of the HPC's
decision and notifying the applicant of the call up.
B. Within thirty (30) days after the date of a decision by the HPC which is
appealed or called up by the city council, the council shall hold a public hearing after
publishing notice pursuant to Section 26.52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision of the HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was ari 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 HPC for
rehearing. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S l(part): Code 1971, S 7-604)
26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or
development affecting a property listed on the Inventory of Historic Sites and Structures,
without receiving a written recommendation from the HPC. (Ord. No. 21-1995, S 1 (part):
Code 1971, S 7-605)
26.72.060 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 26.76.090, and all structures located
within a 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 receive reasonable care, maintenance and upkeep appropriate for the
74
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preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use
in compliance with the terms of this chapter.
Every owner or his designated agent in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, ifnot 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.
The historic preservation commission, on its own initiative, 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.
C. Demonstration of hardship. Any owner of a structure identified in the
inventory of historic sites and structures which HPC and the chief buildip.g official finds
requires such maintenance and repairs as described in this section may make application
requesting from the city council a one-time, 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 the title is transferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
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.
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 shaH
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, Section 1.04.080, shall not apply to violations
of these minimum maintenance requirements. (Ord. No. 7-1989, S 2; Ord. No. 21-1995, S
1 (part): Code 1971, S 7-606)
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 5: This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
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Section 6: A public hearing on the Ordinance was held on the 6th day of October, 1998,
at 4:30 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen
(15) days prior to which hearing a public notice of the same was published once in a
newspaper of general circulation within the City of Aspen.
APPROVED by the Commission at its regular meeting on October 6, 1998.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
Sara Garton, Chair
Planning and Zoning Commission
Attest:
Jackie Lothian, Assistant City Clerk
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.. PUBLICNO.~CE
RE: CITY OF ASPEN CODE AMENDMENT
NOTICE IS HEREBY GIVEN tlia.t apublicheariIig will be held on Monday, January 11, 1999 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an amendment to Sections 26.20, 26.52, and 26.72 of the Aspen
Municipal Code, regarding review of properties listed on the "Inyentory of Historic Sites and
Structuresi' For further information, contact Amy Guthrie at the Aspen/Pitkin Community
Developlpent Department, 130 S. Galena St., Aspen, CO (970) 920-5096, amyg@ci.aspen.co.us.
s/John Bennett. Mayor
Aspen City Council
Published in the Aspen Times on December 26, 1998
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County of Pitkin }
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State of Colorado }
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USEREGULATION
SECTION 26.52.060 (E)
I, 5~~ 0 ~ c":> , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage
prepaid U.S. Mail to all owners of property within three hundred (300) feet
of the subject property, as indicated on the attached list, on the~day of
~w. 199~which is f..j days prior to the public hearing date of::J;;.,.1 f ,''f'1lf.
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2.
By posting a sign in a conspicuous place on the subject property (as it could be
seen from the nearest public way) and that the said sign was posted and visible
continuously from the day of ,199_. (Must be posted for
at least ten (10) full days before the hearing date). A photograph of the posted
sign is attached hereto.
(Attach photograph here)
-~}'Y\- ovb
Signature
Signed before me this
~r t" -"'" bu--
ZZ-N.D
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day
HAND4/f~SEAL
sion expires : ,
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RED BUTTE CEMETER,
STAPLETON JANE - C/O
67 LEMOND PL
SNOWMASS VILLAGE, CO 81615
FERGUSON JAMES L
FERGUSON ESTHER B AS JOINT
TENANTS
PO BOX 1457
CHARLESTON, SC 29402
ASPEN INSTITUTE INC
PO BOX 222
QUEENTOWN, MD 21658
SA V ANAH LIMITED PARTNERSIDP
ASPEN MEADOW LOT 8
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
BECK NEIL H
BECK PAMELA L AS TENANTS IN
COMMON
515 W GILLESPIE ST
ASPEN, CO 81611
DAGGS JAMES K & GAY
640 N 3RD ST
ASPEN, CO 81611
THALBERG KA THARlNE
434 W SMUGGLER ST
ASPEN, CO 81611
HUGHES GAIL
302 E HOPKINS AVE
ASPEN, CO 81612
GORDMAN LINDA K
10777 N 60TIr ST
OMAHA, NE 68152
n THE ASPEN' INS'tI1iY1'f;~ YSARPAJ6IiNc &:JAKrJ6i\rF;s
1333 NEW HAMPSHiRE AVE NW STE SARPA DR JR & MARY
1070 515 S GALENA ST
WASHINGTON, DC 20036 ASPEN,CO 81611
FORD MERRILL M
PO BOX 445
ASPEN, CO 81612
REED PRESLEY 0
REED PATRICIA
999 8TIr ST
BOULDER, CO 80302
BELL MOUNTAIN PARTNERSLTD
PARTNERSHIP
222 N LAS SALLE STE 2000
CHICAGO,IL 60601
SA V ANAH LIMITED PARTNERSHIP
ASPEN MEADOW LOT 7
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067
HORSEY SUSAN H
330 W GILLESPIE ST
ASPEN, CO 816Il
BERGER BRUCE
960 CHEROKEE
DENVER, CO 80204
CRAIG CAROL G
POBOX 18
WOODY CREEK, CO 81656
FINKELSTEIN RICHARD & CARIA
CAROLE C 50%
9034 BURROUGHS RD
LOS ANGELES, CA
OAK LODGE LLC
C/O WILLIAM 0 HUNT
PO BOX 7951
ASPEN, CO 81612
ALTEMUS E A PARTNERSHIP LLLP
640 N 3RD ST
ASPEN, CO 81611
PHELPS MASON
201 S LAKE AVE STE 408
PASADENA, CA 91101
MAROLT MAXWELL S
PO BOX 1013
ASPEN, CO 81612
609 CORPORATION
A COLORADO CORPORATION
PO BOX 1819
ASPEN, CO 81612
HALL CHARLES L
PO BOX 1819
ASPEN, CO 81612
ASPEN HISTORIC COTTAGES LLC
601 E HYMAN AVE #102'
ASPEN, CO 816Il
ISRAEL CHARLES B
PO BOX 11689
ASPEN, CO 81612
STAPLETON DAVID E & DON N
STAPLETON DARRELL L & SPEER
BILLEE LOU
1350 MOUNTAIN VIEW DR
ASPEN, CO 81611
ZEISLER KARL
ZEISLER JOAN C
426 N SECOND ST
ASPEN, CO 816Il
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FRISHMAN ANDREW J TRUST 1/2 INT
PO BOX 465
ASPEN, CO 81612
CONGDON THOMAS E & NOEL
TRUSTEES OF THE
CONGDON QUALIFIED PERSONAL
RES TRUST
1776 LINCOLN ST STE 1100
DENVER, CO 80203
ALDERWOOD SECURITIES L TO
PACOR SECOMA SAM 24BD
PRINCESS CHARLOTTE MC 98000
MONACO,
DOLAN ANDREW C 50%
735 W BLEEKER ST
ASPEN, CO 81611
JANSS MARY 1992 REVOCABLE
LIVING TRUST
1667 F AIRMONT BLVD
EUGENE,OR 97403
DENKINS JAMES 0
PO BOX 718 4043 SHORE LN
BOCA GRANDE, FL 33921
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
FROST MONA
C/O CNB TRUST REAL ESTATE
CNDT2311
PO BOX 5168
DENVER, CO 80217
BUSH ALAN DAVID & STEVEN
210 E HYMAN AVE STE 7
ASPEN, CO 81611
YOUNG DENNIS & ANDREA
PO BOX 133
ASPEN, CO 81612
GORDMAN LINDA K
10777 N 60TH ST
OMAHA, NE 68152
GLENN SALLY RAE
504 W HALLAM AVE
ASPEN, CO 81611
ASPEN CENTER FOR
ENVIRbNMENTALSTUDIES
100 PtJI'l'Y SMITHST
ASPEN, CO 81611
COULTER GLYNNIE
PO BOXL3
ASPEN, CO 81612
KRUIDENIER DAVID & ELIZABETH S
3409 SOUTHERN HILLS DR
DES MOINES, IA 50321
GRIFFITH ANGELINE M
53() WALNuT ST
ASPEN, CO 81611
SMART PAMELA
3351 WOODHAVENRD
ATLANTA, GA 30305
ILGEN EILEEN L & JACK D & ELOISE
ILGEN IN JOINT TENANCY
518WMAINST
ASPEN, CO 81611
KRUMM DONALD PAUL
PO BOX 874
ASPEN, CO 81612
DE WOLF NICHOLAS
233 W BLEEKER ST
ASPEN, CO 81611
25 POLO CLUB CIR
DENVER, CO 80209
MANCLARK Q P RESIDENCE TRUST
MANCLARK WILLIAM & DARLEEN
TRUSTEES
313 E BAY FRONT
BALBOA ISLAND, CA 92662
EMERSON LTD
SWEENEY C/O
533 W HALLAM
ASPEN, CO 81611
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
GRIFFITH ANGELINE M
530 WALNUT ST
ASPEN, CO 81611
BENNINGHOFF ESTHER
233 W HALLAM AVE
ASPEN, CO 81611
CROCKETT ANN R TRUSTEE OF THE
PRICE LIVING TRUST
10898 MORA DR
LOS ALTOS HILLS, CA 94024
ANSON WESTON T & SUSAN BAILEY
TRUSTEE OF
ANSON FAMILY LIVING TRusT
PO BOX 8472
LA JOLLA, CA
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BERR LLC
611 WMAINST
ASPEN, CO 81611
BERKO FERENC & MIRTE
PO BOX 360
ASPEN, CO 81612
r-,
PEVEHOUSE DON D & ANN W
PO BOX 7757
ASPEN, CO 81612
WATSONDIANEB
121 WBLEEKERST
ASPEN, CO 81611
GOLDSTEIN GERALD B & CHRISTINE
S
PO BOX 2045
ASPEN, CO 81612
CHISHOLM EDITH 1/2 INT
205 W MAIN ST
ASPEN, CO 81611
DODARO CHRISTINE M
930 MATCBLESS DR
ASPEN, CO 81611
DEAN MARY EMMA
PO BOX 8035
ASPEN, CO 81612
KEY JOHN
6475 MIMOSA LN
DALLAS, TX 75230
BISHOP ALBERT & PEARL
202 S GARMISCH ST
ASPEN, CO 81611
WIRTH PETER
WIRTHJANETB
PO BOX 9525
ASPEN, CO 81612
r-, 0
KETTELKAMP GRETtA M
3408 MORRIS AVE
PUEBLO, CO 81008
WILLE 0 LOUIS & FRANCES
LYNETTE 32% INT
200 W MAIN ST
ASPEN, CO 81611
BROWN ROBERT STICKLER &
SANDRA LEA
1115 20TH ST
WEST DES MOINES, IA 50265
PARZYBOK WILLIAM G JR
11514 WOAKMONTDR
MUKILTEO, WA 98275
ELDER NELS REINBARD ESTATE OF
ELDER JANET C
202 N MONARCH ST
ASPEN, CO 81611
HAYES MAR.YESHBAl1GffTRtrsT
HAYES MARY ESHBAUGH TRUSTEE
PO BOX 497
ASPEN, CO 81612
CROSBY EWALD H
GETTMAN R.OSA
325 S FOREST ST
DENVER, CO 80222
BARNETT SAUL H & SALLY A
200 W HOPKINS AVE
ASPEN, CO 81611
FRANKEL KATHY REVOCABLE
TRUST
534 W DICKENS
CHICAGO,IL 60614
THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
MOORE ALBERTA L
0603 MAROON CRK RD
ASPEN, CO 81611
PETERSON SBIRLEY H LIVING TRUST
1909 E RIVER PKW A Y
MINNEAl'bLIS, MN 55414
BECKER ALAN K
PO BOX 119
WOODY CREEK, CO 81656
MULLINS MARGARET ANN
1909 FOREST PKWY
DENVER, CO 80220
SEIDER DENNIS J & LEAH E
26642 LA TIGO SBORE DR
MALIBU, CA 90265
NPJPARTNERSLLc
317 PARK AVE
ASPEN, CO 81611
LA COCINA INC
PO BOX 4010
ASPEN, CO 81612
,
TARBET JOSEPH R
TARBET BARBARA P
980 GIBSON AVE
ASPEN, CO 81611
SANDS CASTLE LLC
8258 E DEL CADENA
SCOTTSDALE, AZ 85265
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CONNER MARGARET;. . 1/2()THS)
CONNER WARREN J & CLAUDE
M(4/20THS EACH)
534 E HOPKINS AVE
ASPEN, CO 81611
BIBBIG DIETER
POBOX 175
ASPEN, CO 81612
WOODS RANSOM B JR & JUSTINE F
PO BOX 12288
ASPEN, CO 81612
WALTONWR
PO BOX 665
ASPEN, CO 81612
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
LANE WILLIAM HENRY
PO BOX 346
ASPEN, CO 81612
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
~
CONNER MARGAR.ET A
534 E HOPKINS AVE
ASPEN, CO 81611
BOGAERT F AMIL Y TRUST
PO BOX 1166
ASPEN, CO 81612
OKIE THEODORE E & KATHERINE S
719 E HOPKINS AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KdtrTSdtTBoS
419 E HYMAN AVE
ASPEN, CO 81611
dATES JOHN S
811 E HOPKINS AVE
ASPEN, CO 81611
QWHITMER. GORDoN' L
ROSS HOWARD
POBOX 114
ASPEN, CO 81612
WHEELER BLOCK BUILDING LLC
TKG MANAGEMENT INC C/O
1001 CHERRY ST STE 308
COLUMBIA, MO 65201
BIBBIG DIETER
PO BOX 175
ASPEN, CO 81612
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
K.OUTSOlJI30S TED A
419EHYMANAVE
ASPEN, CO 81611
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KOUTSOUBOS TED A
419EHYMANAYE
ASPEN,CO 81611
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GATES JOHN S
811 E HOPKINS AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
HYMAN STREET LLC
3201 S TAMARAC DR STE 200
DENVER, CO 80213
MARX LAWRENCE
PO BOX 7915
ASPEN, CO 81612
CALDWELL KARI A
CALDWELL GRANT L
107 JUAN ST
ASPEN, CO
CHRISTENSEN CINDY
109 JUAN STREET
ASPEN, CO 81611
CUMNOCK CHERYL L &
CUMNOCK ROBERT E AS IT
TENANTS
115 JUAN STREET
ASPEN, CO
MERANZE ARLENE
6234 PIDCOCK CREEK RD
NEWHOPE,PA 18938
ASPEN GROVE CEMETARY ASSOC
C/O MARKALUNAS RAMONA
624 NORTH ST
ASPEN, CO 81611
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KOUTSOUBOS THEODOR.E Ii ..
419 E HYMAN AVE
ASPEN, CO 81611
KOUTSOUBOS TED A
419EHYMANAVE
ASPEN, CO 81611
SPARLING JOAN MARGUERITE
TRUST
SPARLING JOAN MARGUERITE AS
TRUSTEE
300 PUppy SMITH ST #205-220
ASPEN, CO 81611
TOWER CHARLES D
PO BOX 3014
ASPEN, CO 81612
JUAN STREET HOUSING COMMON
AREA
ASPEN/PITKIN COUNTY HOUSING
AUTHORITY
530 E MAIN ST
ASPEN, CO 81611
FLETCHER KAREN K &
FLETCHER JAY R AS IT TENANTS
PO BOX 3476
ASPEN, CO 81612
MURRAY JOYCEK
PO BOX 352
ASPEN, CO 81612
LUM SUSAN
POBOX 1571
ASPEN, CO 81612
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KOUTSOUBOS THEODORE A
419 E HYMAN AVE
ASPEN, CO 81611
MOONEY TIMOTHY
PO BOX 8931
ASPEN, CO 81612
PIERCE ANITA M
PO BOX 3202
ASPEN, CO 81612
RYMER PATRICIA A
PO BOX 1737
ASPEN, CO 81612
BAILEY L1L1ANN E &
BAILEY BRIAN L AS IT TENANTS
117 JUAN ST
ASPEN, CO 81611
MCCARTNEY CHARLES H
PO BOX 12106
ASPEN, cO 81612
PEARLSTEIN DAVID BLUEFIELD
1006 E COOPER AVE
ASPEN, CO 81611
ART REALTY
C/O MARK TYE
PO BOX 8992
ASPEN, CO 81612
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COLLIN STEVE
400 MC SKIMMING RD
ASPEN, CO 81611
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CDH UTE CO
A COLORADO CORP
1280 UTE AVE STE 5
ASPEN, CO 81611
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELDRD
ASPEN, CO 81611
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELD RD
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
SALVADORE TERESA
0129 FREE SILVER CT
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
REESE JOHN W
BEHRHORST DAVID G AS TEN IN
COMMON
1280 UTE AVE
ASPEN, CO 81611
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WISE MARY
1280 UTE AVE
ASPEN, CO 81611
CHESLEY PAUL A
PO BOX 94
ASPEN, CO 81612
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIEL1:ft{I:j.
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
GORDON MARIE FABIENNE
JESSEMIE BENEDICT
1452 CRYSTAL LAKE RD
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
WISE HUGH D 1lI
0252 HEATHER LN
ASPEN, CO 81611
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. CDH UTE CO
1280 UTE AVE
ASPEN, CO 81611
CDH UTE CO
1280 UTE AVE
ASPEN, CO 81611
WISE MARY
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
OTTE MIKE 60% INT
1280 UTE AVE
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
GIBSON DYLAN J
1280 UTE AVE
ASPEN, CO 81611
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LEFKOWITZ BARRY AND NORDIN
MONIQUE
HORN MICHAEL AND HORN KIM
P.O. BOX 10973
ASPEN, CO 81612
FALLIN RICHARD ALDEN
FALLIN PAT FINLEY
905 CHATFIELD RD
ASPEN, CO 81611
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BENEDICT FREDRIC A'.. )ABIENNE .....,
c/o HOLLAND & HART ATm AR.T
DAILY
600 E MAIN ST
ASPEN, CO 81611
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RE: CITY OF ASPEN CODE AMENDMENT .
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January II, 1999 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an amendment to Sections 26.20, 26.52, and 26.72 of the Aspen
Municipal Code, regarding review of properties listed on the "Inventory of Historic Sites and
Structures." For further information, contact Amy Guthrie at the AspenlPitkin Community
Development Department, 130 S. Galena St., Aspen, CO (9,70) 920-5096, amyg@ci.aspen.co.us.
stjohn Bennett. Mayor
Aspen City Council
Published in the Aspen Times on December 26, 1998
City of Aspen ACcount
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PUBLIC NOTICE
RE: CITY OF ASPEN CODE AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 6, 1998 at
a meeting to begin at 4:30 p.m. before the Planning a:l.l,d Zoning Commission, Sister Cities Meeting
Room, City Hall, 130 S. Galena St., Aspen, to considerdl.,. amendment to Sections 26.20, 26.52,
and 26.72 of the Aspen Municipal Code, regarding review O)'.oroperties listed on the "Inventory of
Historic Sites and Structures." For further information, ~_"I'!~, Amy Guthrie at the AspenlPitkin
Community Development Department, 130 S.Ga1enaSt., Aspen, CO (970) 920-5096.
s/Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on September 19, 1998
City of Aspen Account