HomeMy WebLinkAboutLand Use Case.Animal Shelter.0001.2004.ASLUPitkin County Referral. 0 Hw7 82
—Animal Shelter PIN 264334100852
Case 0001.2004.ASLU
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Description PITKIN COUNTRY REFERRAL; ANIMAL SHLETER &BOA.RDING KEhrJEL Issued I
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MEMORANDUM
TO: Ezra Louthis, Pitkin County Planner
THRU: Joyce Allgaier, City of Aspen Community Development Deputy Director
FROM: James Lindt, City of Aspen Planner JL
RE: Aspen/Pitkin County Animal Shelter Referral Comments
DATE: January 15, 2004
The City of Aspen Planning Staff reviewed the Animal Shelter application and had the
following comments:
1. The City Planning Staff concurs that the site is an appropriate location for the
animal shelter in that it is not located in close proximity to significant
residential development.
2. The City Planning Staff would suggest that measures be taken to sufficiently
soundproof the affordable housing units from the noise that will be created
by the kennel.
Thank you for the opportunity to provide comment on this County application.
0
TO:
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
Engineer
Zoning
Aspen Fire Protection District
Housing Office
RFTA
City of Aspen Community Development
Aspen Consolidated Sanitation District
FROM: Ezra Louthis, Community Development Department
RE: Aspen Animal Shelter & Boarding Kennel Special Review, GMQS Exemption,
Scenic Review, Subdivision Exemption,1041 Hazard Review, Code Amendment,
Rezoning (PID# 2643-341-00-852 Case# P123-03)
DATE: January 13, 2004
Attached for your review and comments are materials for an application submitted by the City of
Aspen. The Pitkin County Planning and Zoning Commission will review the application on
Tuesday, March 2, 2004.
Please return your comments to me by Friday, February 6, 2004.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF
YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
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APPLICATION
Aspen/Pitkin Animal Shelter and Boarding Kennel
10 November 2003
Applicant: City of Aspen/Pitkin County
Location: Highway 82 at Service Center Road,
adjacent to the Pitkin County Public
Works Campus
An application for Growth Management/Subdivision
Exemption, Special Review, Scenic Overlay Review,
and 1041 Environmental Hazard Review
Represented by: Stan Clauson Associates, LLC
200 E. Main Street
Aspen, CO 81611
970-925-2323
STAN CLAUSON ASSOCIATES, LLC
Planning • Urban Design
Landscape Architecture
Transportation Studies
Project Management
10 November 2003
200 EAST MAIN STREET
ASPEN, COLORADO 81611
Mr. Lance Clark, Deputy Director
TELEPHONE: 970.92 5.2323
Pitkin County FAx: 970.920.1628
CommunityDevelopment Department E-MAIL: clausonscaplanning.com
P P @ WEB: www.scaplanning.com
130 S. Galena Street
Aspen, Colorado 81611
Re: Aspen/Pitkin County Animal Shelter and Boarding Kennel
Dear Lance:
On behalf of City of Aspen, acting in concert with Pitkin County, we are tendering the
application for Growth Management/Subdivision Exemption, Special Review, Scenic
Overlay Review, and 1041 Environmental Hazard Review for the Aspen/Pitkin County
Animal Shelter and Boarding Kennel. This application provides for:
1) Construction of a new public animal shelter for Aspen and Pitkin County,
2) Operation of a commercial boarding kennel, and
3) An addition of two employee units to mitigate for employee generation by the
proposed facility.
On 12 December 2001, the City of Aspen and Pitkin County entered into an Agreement for
Joint Development and Operation of the AspenlPitkin County Animal Shelter. This
• Agreement provides that the City of Aspen and Pitkin County will jointly contribute land
and development efforts to create a new animal shelter on the Pitkin County Public Works
Campus. According to the Agreement, the effort was deemed to be in conformance with
applicable master plans and subject to a waiver of development application fees. A project
• site was designated, consisting of two properties donated by the City and the County,
adjacent to the City Snow Dump and Pitkin County Public Works site. It was intended that
the City and County would be joint owners of the site. The Agreement goes on to detail a
number of provisions relating to operational and financial responsibilities of the respective
. parties.
The development of this facility is in response to the pressing issues surrounding stray and
abandoned animals. Per Articles 3 and 6 of the Agreement, the City of Aspen has been
designated as the Project Developer and Project Manager, although the Agreement states
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that:
,The City and County shall cooperate in obtaining all necessary Permits required
for the construction, completion and opening for business of the Project."
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As Project Manager, the City has designated SunDesigns Architects of Glenwood Springs
as project architect, and designated our firm as planning consultants and landscape
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4,4
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE .SECTOR CLIENTS
Lance Clark, Deputy Community Development Director
10 November 2003
Page 2
architects for the preparation of site plans and the land use application. The attached land
use application provides responses to the appropriate code criteria for the required
approvals, as identified in a Pitkin County Pre -application Conference Summary dated 9
July 2003.
We appreciate your consideration of this matter, and we remain ready to answer any
questions that you may have regarding the application.
Very truly yours,
Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
Attachments:
1) Land Use Code Standards Report
2) Agreement for Joint Development and Operation of the Aspen/Pitkin County Animal
Shelter, dated 12 December 2001
3) Landscape/Site Plan, Sections and Views
4) Architectural Plan and Elevations
6) Letter from City of Aspen Project Manager authorizing Stan Clauson Associates as
representative
7) Pre -application Conference Summary, dated 9 July 2003
• Project Overview
•
S
The Aspen Snow Dump property is a 4-acre parcel located along Highway 82 at Service
Center Road (across from the Aspen/Pitkin County Airport) and is situated adjacent to the
Pitkin County Public Works facility. The City and the County wish to contribute land
from each of their respective properties for the establishment of a 1-acre parcel, which will
•
accommodate the construction of a public animal shelter and boarding kennel. The
existing facility located in the Aspen Airport Business Center has become obsolete and
overcrowded. The newly proposed structure will be approximately 9,261 square feet and
will contain all the facilities necessary for the care of stray and abandoned dogs and cats
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from Aspen and Pitkin County. It will also provide limited commercial boarding facilities
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that will contribute to the financial support and sustainability of the facility, along with two
affordable housing units to mitigate any employee generation.
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Acting as joint applicants, the City of Aspen and Pitkin County consider an animal shelter
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and boarding kennel an "essential government facility" for the benefit of all Pitkin County
residents. On 12 December 2001, the City of Aspen, Pitkin County, and the Aspen/Pitkin
County Animal Shelter Capital Campaign agreed upon Resolution No. 116, Series of 2001,
to jointly develop and operate the Aspen/Pitkin County Animal Shelter. Thus, the
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community governments also find that the proposed animal shelter is an important
operation since it furthers public health, safety, and welfare by providing a place for
abandoned and stray animals.
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Although identified in the Agreement as fully within the Pitkin County "Public" (PUB)
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zone district, further analysis has shown that the property created will be bifurcated by two
zone districts, AFR-10 and PUB. As the facility will be utilized for public benefit, County
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staff have recommended re -zoning the new parcel to PUB. However, since commercial
kennels and veterinary clinics are listed as a prohibited use in the PUB zone district, this
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application proposes a Code Amendment to allow this use as a Special Review use within
the PUB zone. It is necessary that the proposed animal shelter serve not only as a place
that will care, shelter, and control abandoned animals, but also a commercial boarding
kennel that will generate supplemental revenue.
The applicant is therefore requesting Special Review approval for construction of the
shelter within the PUB zone district and a Growth Management Exemption for
establishment of a building right. The applicant also requests a Subdivision Exemption for
creation of the new parcel, 1041 Environmental Hazard Review for establishment of a
building envelope, and Scenic Overlay review to assure compliance with Pitkin County
aesthetic standards. This application includes a commitment to provide two on -site
employee housing units to mitigate for anticipated employee generation.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 1
The proposed site is an optimal location for this type of development as it is in a quasi -
industrial location and not in close proximity to residential uses. It will actually enhance
the character of development that has occurred in the surrounding area. There are no
natural or man-made hazards on the property. Pitkin County and City of Aspen operations
will not be hindered by development of the shelter, since a majority of the existing
property will remain and operate as a snow dump facility.
Land Use Code Standards — Code Amendment
Amendments to Section 3-220-010
The applicant requests amending the Pitkin County Land Use code to remove commercial
kennels and veterinary clinics from the list of prohibited uses and add it to the list of
special review uses in the PUB zone district. The proposed development is consistent with
the dimension requirements of the PUB district as shown below. The language is proposed
as follows:
3-40-190 PUB Public
A. Intent: The PUB (Public) district is intended to provide for the development of public
uses, facilities and services for governmental, civic, educational, humanitarian, health
care and other non-profit (as evidence by Internal Revenue Service Code 501 C3 status
(1993)), public purposes consistent with County land use plans and policies and to provide
for related uses which are customarily incidental or accessory to public uses.
Development activity in the zone should be based upon the adoption of a master plan.
B. Allowed Uses: The following uses are allowed as of right in the Public (PUB) Zone
District:
1. Accessory building and uses.
2. Bus stop.
3. Crop Production.
4. Farm buildings.
S. Home occupations.
6. Hospitals.
7. Solar energy collectors (private use).
8. Trails.
C. Special Review Uses: The following uses are subject to special review and may be
permitted if found to be in support of allowed principal uses:
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 2
1. Agricultural stands.
2. Airport.
3. Amusement and entertainment establishments.
4. Caretaker dwelling units.
5. Cemeteries.
6. Churches
7. Club houses or recreational buildings used in connection with and accessory to
permitted outdoor recreational use.
8. Commercial automobile parking lots.
9. Community health facilities.
10. Commercial kennels and veterinary clinics
11. Day care centers.
12. Dormitory housing.
13. Duplex dwelling units.
14. Equipment supplies and contraction or subtraction.
15. Essential government and public utility uses, facilities, and services.
16. General services.
17. Golf courses.
18. Junk yards.
19. Logging.
20. Medical/dental clinics.
21. Mineral exploration/mining concrete batch plants.
22. Multi family dwelling units.
23. Nursing, convalescent, rest and retirement homes.
24. Offices.
25.Outdoor recreational uses.
26. Parks, playgrounds and playing fields.
27. Places for retailing of goods (structures and businesses limited to twelve thousand
(12, 000) square feet offloor area per building).
28. Post office substations.
29. Manufactures homes.
30. Professional offices.
31. Radio transmitting station.
32. Research facilities, indoors.
33. Research facilities, other.
34. Satellite reception devices.
35. Schools/universities.
36. Sewage disposal areas/landfills/water plants.
37. Single-family dwelling units of all sizes (transferable development rights are
required to exceed fifteen thousand (15, 000) square feet of floor area).
38. Transferable development rights (TDRs)
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 3
39. Uses, activities and facilities permitted by special use permit issued by Federal
agencies.
40. Vehicle and aircraft sales and services.
41. Water crossing diversion.
D. Prohibited Uses: The following uses are prohibited in the Public (PUB) Zone District:
1. Alpine ski areas and support.
2. Animal production and husbandry services, and other farm and agricultural uses.
3. Commercial camping areas.
4. Commercial firewood splitting, storage and sales.
5. Commercial riding stables.
6. Employee dwelling units.
7. Financial institutions.
8. Guest ranches.
9. Mobile homes.
10. Motels, hotels, lodges.
11. Nordic ski areas and support facilities.
12. Personal service outlets: food stores, drug stores, self service laundries, dry
cleaning outlets and liquor stores; the total space shall be limited to eighty (80)
square feet of gross leasable space per dwelling unit in the district.
13. Resort cabins.
14. Restaurants and bars.
15. Timesharing/fractional fees.
17. Uses not listed.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the Public (PUB) Zone District:
1. Minimum lot area: special review.
2. Minimum lot area principal use: special review.
3. Minimum usable open space per dwelling unit: special review.
4. Minimum front yard setback: thirtyfeet (30
S. Minimum side yard setback: ten feet (10 )
6. Minimum rear yard setback: ten feet (10 )
7. Minimum lot width: special review.
8. Maximum height principal structures: twenty-eight feet (28
9. Maximum height accessory structures: twentyfeet (20
10. Maximum floor area ratio: .50
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 4
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Land Use Code Standards — Rezoning
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Responses to Section 3-220-020
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A. The development resulting from the proposed rezoning shall:
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1. Not conflict with any applicable sections of the Land Use Code;
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2. Shall consider Pitkin County Master Plans;
3. Be compatible with surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics;
4. Not result in demands on public facilities, and shall not exceed the capacity of
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such public facilities, including, but not limited to, transportation facilities,
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sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities;
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5. Not result in significant adverse impacts on the natural environment;
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6. Be consistent and compatible with the community character; and
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7. Not be in conflict with the public interest;
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Response: Currently, the proposed animal shelter is listed as a prohibited use in the PUB
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zone district. Pursuant to the previous application section, the applicant intends to amend
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the code as to include it as a Special Review this use in the PUB zone district. Otherwise,
the proposal is not in conflict with any applicable sections of the Land Use Code.
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The closest applicable Master Plan is the 2000 Aspen Area Community Plan. On Map A:
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Boundaries and Physical Constraints, the site is within the designated Urban Growth
Boundary, and shows no physical constraints in the form of steep slopes or floodplain
areas. The Aspen Area Community Plan, Map B: Future Land Use Composite shows that
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the area where the proposed animal shelter will be located is designated as "Community
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Facility " for future land use. The property is situated adjacent to areas designated
"Existing Open Space, " and is buffered from affordable housing areas by the Pitkin
County Public Works building, the RFTA bus barn, and Colorado Mountain College.
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.
The proposed PUB zoning will be compatible with adjacent PUB zoning and uses of the
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County Public Works Department and the Pitkin County Airport. This area is generally
associated with a high degree of equipment activity, which will minimize any noise impacts
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associated with the shelter.
Services needed for the proposed development are generally in place including water,
sanitary, sewer, and utilities. Transportation to the site is accommodated by its proximity
to Highway 82 and RFTA bus stops. A drainage plan will be submitted for approval to the
County Engineer prior to building permit issuance.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 5
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The proposed area for development is already greatly disturbed and therefore will not
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result in any adverse impacts to the natural environment or wildlife habitat. It is not
identified as presenting any constraints on Map F.- Wildlife and Biodiversity.
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The proposed development will be in character with the public infrastructure that has
occurred in the area. In fact, the innovative architecture and design of the shelter along
with its landscaping and berming will enhance the overall aesthetic quality of the area.
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The proposed animal shelter will promote the public interest by providing a state of the art
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facilityfor the boarding and care of the City of Aspen and Pitkin County's animal and pet
population. It will help to address issues of stray and abandoned pets by providing a safe
and humane facilityfor their care and adoption.
s
Land Use Code Standards — GMQS Exemption for Essential
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Community Facilities
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Responses to Section 3-150-140
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A. To be eligible for a GMQS exemption an applicant must demonstrate the development:
1. Provides a basic fundamental public service upon which the community is dependent
0
upon for support;
2. Will be available to the general public;
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3. Serves primarily the local community, and
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4. Provides facilities in response to growth and is not itself a growth generator.
s
Response: This proposal will provide an important public service, which will be available to the local
community. This application is in direct response to growth that has occurred in the community and
will help to accommodate the issues surrounding stray and abandoned pets. The proposal will not
rgenerate
growth in the community.
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B. Mitigation of Service Demands: An applicant shall demonstrate the mitigation of demands
for:
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1. Additional affordable housing;
2. Transportation services and parking; and
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3. Basic services such as water supply, sewage treatment, fire and police protection and solid
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waste disposal.
Response: The City ofAspen/Pitkin County have provided two (2) category rental units on -site as
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part of this application proposal (a total of 3 bedrooms). Residents and employees of the shelter will
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have access to the RFTA bus services on Highway 82, and the City will construct an adequate amount
of parking in compliance with the Land Use Code. The property is served by the Aspen Sanitation
s
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 6
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District sanitary sewer. Water will be provided by the City water system. Solid waste disposal would
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occur through a contract with a licensed operator. Other services such as fire and police protection
are already present in the area due to the surrounding development that has occurred
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C. Mitigation of Environmental Impacts: An applicant shall demonstrate the development has
negligible adverse impacts on:
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1. Air quality;
2. Water, land and energy resources; and
3. Scenic quality.
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Response: The City of Aspen/Pitkin County will pave the driveway and parking area associated with
the development to assure that PM-10 generation is minimized. The applicant will submit a complete
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erosion and drainage control plan to assure that the development will not have any negative impacts
on the Roaring Fork River The structure and associated landscaping is designed to be aesthetically
appealing so as to enhance the character of the area.
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Land Use Code Standards — GMQS Exemption for Dwelling
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Unit Restricted to Affordable Housing Located Outside of
a
the AH Zone
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Responses to Section 3-150-110 (and Section 3-150-100 (A)(2))
The construction of dwelling units restricted to the Affordable Housing price and income guidelines of
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the Board of County Commissioners' housing designee are exempt from the GMQS subject to
compliance with the standards in Subsection 3-150-100 (A)(2).
3-150-100(A)
2. Developments in the AH zone shall be comprised of dwelling units complying with category 1,
2, 3 and 4 and occupancy guidelines of the Board of County Commissioners housing
designee;
a. Developments in the AH2/PUD and AH3/PUD zones shall be comprised of at least
seventy percent (70%) of the unit mix of the development. Of this seventy percent (70%),
forty percent (40%) of the units/lots must be deed restricted to Category 1, 2, 3 or 4
pursuant to the Affordable Housing Guidelines, and resident occupied units may comprise
up to thirty percent (30%) of the unit mix. Free market development may comprise up to
thirty percent (30%) of the unit mix. However, only forty percent of the projects
bedrooms may be located within free market or resident occupied units. Category housing
or resident occupied housing must comprise at least sixty percent (60%) of the bedroom
mix of the project. Despite these requirements, projects may be comprised of all Category
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 7
deed restricted or resident occupied units. In the event that no free market development is
proposed as part of the project, the limitation on resident occupied units and bedroom mix
shall not apply. Residential uses may comprise of single-family, duplex and multi family
units;
b. Developments in the AHP/PUD zone district shall be comprised of a minimum of seventy
percent (70%) deed restricted, Category 1, 2, 3 and 4 affordable housing units/lots. A
maximum of fifteen percent (15%) of the total proposed development shall be resident
occupied units/lots and a maximum of 15 percent (15%) of the total proposed
development shall be free market units/lots.
Response: This development will occur in the PUB zone district. The applicant is providing two, fully
deed restricted housing units on site, in order to mitigate for any additional employee generation. The
units will meet the Aspen/Pitkin Housing Department standards for category units and consist of one
1-bedroom unit and one 2-bedroom unit. Both will be Category 3 units.
Land Use Code Standards — Subdivision Exemption of
Parcels for Essential Community Facilities
Responses to Section 3-150-140
The development of essential governmental facilities and community facilities is exempt from
GMQS subject to compliance with standards in this section.
A. General: To be eligible for a GMQS exemption an applicant must demonstrate the
development:
1. Provides a basic or fundamental public service upon which the community is
dependent upon for support;
2. Will be available to the general public;
3. Serves primarily the local community; and
Response: The proposed animal shelter provides a fundamental public service for the health and
welfare that will receive stray animals, provide necessary care, and arrange for placements and
adoptions. Public safety will be enhanced through this facility.
B. Mitigation of Service Demands: An application shall demonstrate the mitigation of
demands for:
1. Additional affordable housing;
2. Transportation services and parking; and
3. Basic services such as water supply, sewage treatment, fire and police protection and
solid waste disposal.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 8
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Response: The shelter will contain two deed restricted rental units (3 bedrooms total) for City of
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Aspen/Pitkin County employees. The facility will provide 16 parking spaces for public use
(including one handicap space). Infrastructure is already in place for water supply and sewage.
Services for fire protection and solid waste disposal are already provided on adjacent Pitkin
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Countyproperty. Transportation services are available through an adjacent bus stop on Highway
82.
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C. Mitigation of Environmental Impacts: An application shall demonstrate the development
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has negligible adverse impacts on:
1. Air quality;
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2. Water, land and energy resources; and
3. Scenic quality.
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Response: The driveway and the parking lot for the facility will be paved in an effort to minimize
PM-10 generation. No wood burning devices will be included on the property. The new animal
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shelter will be larger than the old one, which will result in slightly more demand on water and
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energy resources. However, the new facility will be generally more energy -efficient than the older
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construction.
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The property will be enhanced by the proposed development, as the snow dump is a somewhat
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blighted area and the adjacent Pitkin County Public Work buildings are utilitarian in nature. The
aesthetic value of the area will be improved by the introduction of an innovatively designed
building with landscaping and screening as proposed.
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Land Use Code Standards — Special Review
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Responses to Section 3-210-020 General Standards and Criteria
A. The special review use shall consider the applicable County Master Plan.
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Response: The applicable document is the 2000 Aspen Area Community Plan, which designates
the proposed site and surrounding area as a location for communityfacilities.
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B. The special review use shall not conflict with any applicable sections of the Pitkin County
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Land Use Code, including the County Land Use Policies in Article 2.
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Response: The proposed development complies with all applicable criteria in Article 2.
C. The special review use shall be consistent with the intent of the Zone District in which it is
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proposed to be located.
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Response: The PUB zone district is intended to "provide for the development of public uses,
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facilities and services for governmental, civic, educational, humanitarian, health care and other
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Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 9
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non-profit, public purposes consistent with the County land use plans and policies and to provide
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for related uses which are customarily incidental or accessory to public uses.... "
The Aspen Animal Shelter will be consistent with the intent of the PUB zone district as it is a public
S
facility owned and run by the City ofAspenlPitkin Countyfor the benefit of the community as well
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as providing humane services to stray and abandoned animals.
D. The special review use shall be compatible with the character of the immediate vicinity of
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the parcel proposed for development and surrounding land uses, or shall enhance the
mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
Response: The proposed development is compatible with the public development and infrastructure
in the immediate vicinity and will enhance the character of the area Other uses in the area
i
include Pitkin County vehicle maintenance shops and office spaces, RFTA bus barn, and the Pitkin
County Airport, which will all be complimented by the proposed animal shelter facility.
E. The location, size, design, and operating characteristics of the proposed special review use
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must be in harmony with the surrounding area and minimize adverse effects, including
visual impacts, impacts on pedestrian an vehicular circulation, traffic generation, parking,
trash, service delivery, air/water pollution or other impacts on natural resources, noise,
• vibrations and odor on surrounding properties.
Response: There will be certain traffic and noise generation associated with the proposed use
•
However, this site is an ideal location for this type of use considering the type of development that
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has occurred in the immediate vicinity. Noise will not exceed the decibel levels generated by
surrounding uses such as the Pitkin County Airport and Public Works. Moreover, existing land
forms will serve to buffer sounds. Traffic generation from the project will be minimal and easily
served by the existing Service Center Road/Highway 82 intersection. Trip generation is estimated
not to exceed 30 trips per day.
F. There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
•
and schools.
Response: The City of Aspen, in conjunction with Pitkin County, will construct the drive for the
entrance of the animal shelter as well as the existing snow dump. Water and sewage is provided
on -site from the City water system and Aspen Sanitation District respectively. The propertywill
utilize a percolation drainage system. Emergency, police, and fire protection services are
currently in place by nature of the development in the surrounding area.
•
G. An application for special review must demonstrate to the Board of County Commissioners
that the proposed development will not:
•
1. Materially endanger the public health, safety or welfare; and
2. Substantially injure the value of adjoining or abutting property.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 10
Response: This proposal will not endanger the public health, safety, or welfare as it will be a
sanitary and state of the art facility that is fully secure. In fact, the facility will further the public
health and safety by providing a place to house abandoned and stray animals. The facilitywill
enhance the quality of surrounding abutting property by providing an aesthetically pleasing
structure and landscaping in the place of land associated with the Aspen snow dump, which lacks
landscaping and screening.
Land Use Code Standards —
Environmental and Aesthetic Standards
Responses to Section 3-60
3-60-020, Air Quality
Response: No degradation to air quality will result from the development. All drives and parking
areas will be paved and no wood burning devices will be included on site.
3-60-030, Preservation of Natural Landscapes
Response: The landscape of the property has been greatly disturbed and has recently been used as
dumping ground for excavation materials. The proposed development will include a landscape plan
that will improve the appearance of the land.
3-60-040, Scenic Overlay
A. Intent: the intent of the Scenic Overlay is to establish a scenic conservation area which
includes those lands which are proximate to and most visible from State Highway 82, Brush
Creek Road, Capitol Creek Road, Snowmass Creek Road, and State Highway 133, with
specific concerns for the areas which constitute the visual entrance "image" and passage
through Aspen and Pitkin County.
The Scenic Overlay also identifies the need to maintain a natural ridgeline silhouette against
the sky and to steer development away from ridgelines throughout the County as viewed from
public roadway corridors. The Scenic Overlay corridor is interpreted to insure that these
developments are designed to compliment the natural landscape and the natural features
within the public viewplane in order to obtain an aesthetically pleasing, rural atmosphere.
B. Applicability of Regulations: Development of any parcel of land which falls within or is
crossed by the Scenic Overlay on the officially adopted Pitkin County Zoning Maps shall be
subject to review to determine the conformance of the development with the evaluation
criteria identified below. The Scenic Overlay maps include mapped ridgelines, scenic
foreground areas, and public viewplanes.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 11
Response: The proposed development will not break any ridgeline as seen from Highway 82. The
development will be well hidden by the enhancement of existing kmdforms that will accommodate the
relocation of excavation materials currently stored on site. The development will comply with all
Scenic Overlay criteria in the Land Use Code.
3-60-050, Scenic Quality
Response: As mentioned previously, scenic quality will be improved by nature of this development and
the associated landscaping.
3-60-060, Solar Access
Response: The property and design of the facility provides ample opportunityfor solar utilization.
3-60-070, Reduction in Density for Steep Slopes
Response: There are some slopes in excess of 30% by nature of the man-made berms that have been
constructed in the location of the proposed parcel. However, this section is not applicable since the
applicant is only requesting a single facility (unit) on the property.
Land Use Code Standards — Water Resources
Responses to Section 3-70, Water Resources
3-70-020, Encroachment or Channeling
Response: There are no natural drainages on the proposed site.
3-70-030, Drainage
Response: The development will entail a dry well, percolation type drainage system. The dry well
system will retain and filter any run-off contaminants.
3-70-040, Erosion
Response: All drainage will occur on site and will not approach any steep slopes. Cuts into man-
made slopes are anticipated. These cuts will be protected by boulder retaining walls and include
appropriately re -vegetated slopes.
3-70-050, Groundwater
Response: Groundwater will not be impacted by the development, as sanitary sewer will be provided
by the Aspen Sanitation District.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 12
3-70-060, Irrigated Areas
Response: General irrigation is not provided However, some small contained areas are irrigated for
aesthetic and screening purposes. Additional temporary irrigation will be provided in some areas
during the landscape establishment period.
3-70-070, Irrigation Ditches
Response: No irrigation ditches exist on site and none will be diverted onto the property.
3-70-080, Sedimentation
Response: The amount of sedimentation will actually be reduced by the landscaping that will occur on
site.
3-70-090, Water Quality
Response: Water of adequate quality will be provided by the City water system.
3-70-100, Water Supply
Response: Adequate water supply will be provided from the City water system
Land Use Code Standards — 1041 Environmental Hazard
Review
Responses to Section 3-80 Environmental Hazard Areas
3-80-040, Floodplain Hazard Areas
Response: The property is not within any floodplain areas.
3-80-050, Geologic Hazard Areas
Response: Development will need to encroach on a berm that was constructed for the development
of the adjacent Pitkin County Public Works Facility that may contain slopes in excess of 30
percent. However, since this berm is man-made and stabilization is not an issue, this area should
not be considered a geologic hazard pursuant to the Pitkin County code.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 13
3-80-060, Historic and Archeological Resource Areas
Response: There are no historic or archeological resource areas on the proposed development
site.
3-80-070, Wildfire Hazard Areas
Response: The wildfire hazard on the property is low due to the lack of vegetation on site.
Proposed irrigation is located in close proximity to the building thus serving also to enhance
defensible space.
3-80-080, Wildlife Habitat Areas
Response: There area is not mapped for wildlife habitat nor does the property retain any valuable
resources for wildlife.
Land Use Code Standards — Improvements and Services
Responses to Section 3-110, Improvements and Services
Subsection 3-110-020 Logical Extension of Utilities
A. Applicability: The standards in this section are applicable to all major utility extensions
within areas not presently served by major utility lines.
Response: No major utility extensions are required to provide utilities the Animal Shelter site.
Subsection 3-110-030 Water Distribution Systems
A. Applicability: The standards in this section are applicable to all water distribution systems.
B. Water distribution systems shall comply with the applicable procedures and specifications
of the State and Local Health Departments and the fire district serving the area. (Prior
code § 3-1103)
Response: Water is provided on -site from the City of Aspen water system, which is currently
utilized on adjacent sites. No major water distribution system installation is required. The
proposed development will comply with the applicable procedures and specifications of the Aspen
Water Department and the Aspen Fire District.
Subsection 3-110-040 Water Supply Systems
A. Applicability: The standards in this section are applicable to all water supply systems.
B. New water supply systems shall demonstrate to the satisfaction of the Board of County
Commissioners:
1. That there is no existing public or private district or system which will provide the
service.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 14
•
2.Ownership or the right of acquisition or of use of existing or proposed water rights
•
sufficient in quantity, quality and dependability to serve the proposed use; or an adequate
legal commitment made by public or private water owners to supply the proposed use with
water of adequate quantity, quality, dependability and pressure;
•
3. Legal capability to accomplish any changes in the uses or points of diversion of such
rights with quantities and dependability necessary to serve the proposed use without
material injury to vested water rights;
4. Adequate physical facilities or necessary financial and technical resources and legal
•
commitment to construct such facilities for raw water, storage water treatment, treated
storage, distribution and water pressure maintenance adequate to serve the proposed use;
•
and
•
5. Commitments of financial resources necessary to extend such service to the proposed
use and to adequately maintain and operate the system. (Prior code § 3-1104)
•
Response: Adequate water supply will be provided from the City of Aspen. Infrastructure is
already in place for water supply.
•
Subsection 3-110-050 Sewage Treatment and Collection
•
A. Applicability: The standards in this section are applicable to all sewage treatment and
collection systems.
•
B. Connection to Public Systems: All development shall connect to a public sewage disposal
•
system if located within a public system's service area and service is available.
C. Private Sewage Systems: In the event a site is located outside the boundaries of a public
sewage disposal system service area or service is not available, a private system may be
•
utilized.
D. Design Standards: Public and private sewage disposal systems and connections to such
systems shall comply with the sewage disposal guidelines of Pitkin County Code Title X.
(Prior code § 3-1105)
Response: Sewage systems are provided on -site from the Aspen Sanitation District, which is
•
currently utilized on adjacent sites. Infrastructure for sewage will be installed in accordance with
•
Aspen Sanitation District requirements. Services for solid waste disposal are already provided on
adjacent Pitkin County property, and services can be easily extended to the proposed animal
shelter. The new sewage treatment and collection systems for the proposed development will
•
comply with all state and county standards.
Subsection 3-110-060 Public Utilities
• A. Applicability: The standards in this section are applicable to the installation of all public
utilities.
B. Utility Company Service Commitments: Prior to final plat approval by the Board of County
• Commissioners a developer must provide written commitments from:
• 1. A public or private utility company to provide power, telephone, fire protection facilities
and gas, if available as may be needed to serve a development.
2. Each of the utilities serving a development demonstrating necessary arrangements has
• been made for installation of utilities.
C. Undergrounding: Underground all utility lines, services and street lighting except for those
exempted in this section.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 15
•
1. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and
•
other facilities necessarily appurtenant to such underground and street lighting facilities
may be placed above ground within the utility easement provided, or within a street or
•
other public place as appropriate.
•
2. Temporary utility facilities may be installed above ground during construction of a
development for a period not exceeding one year.
3. Existing utility facilities currently used to serve a development. (Prior code § 3-1106)
Response: The proposed animal shelter will arrange for or provide all necessary installation of
public utilities as required by the County regulations and the Board of County Commissioners. All
.
utilities will be underground. The area is currently served by Holy Cross Energy.
Subsection 3-110-070 Roads
•
A. Applicability: The road standards in this section are applicable to all roads and driveways.
•
All new road and driveway construction must receive a development permit from the
County Engineer and Planning Director in compliance with Section C below.
B. Consistency with County Plans: All roads and rights -of -way shall consider adopted County
•
plans and needs for the extension of roads.
C. Design and Construction Standards: Roads and driveways shall be designed and
constructed in compliance with the Pitkin County Road Standards and specifications and
•
Pitkin County Road Management Plan.
•
D. Subdivision Access: The Board shall review all access points to sub -divisions and approve
access. All subdivision access points and road designs must comply with the standards in
Section 3-110.70(C) above.
•
E. Completion of Road Improvements: Required County highway, road, street and private
street improvements must be completed within the time limits set forth in the development
approval.
•
F. Development proposals which generate traffic volumes in excess of existing road capacities
are prohibited unless a road improvement plan is approved by the County. Any
development proposal which is expected to generate or attract vehicle trips in excess of
•
existing road capacities may 198 propose to upgrade the road(s) to serve the additional
•
traffic volume. Techniques other than road improvements may also be proposed to
provide for public or private transit solutions to increased traffic volumes. The County
.
may approve any road improvement plan or other technique that is found to be consistent
•
with adopted County plans and policies. The County may deny any road improvement
plan or other technique that it finds to be inconsistent with adopted plans and policies, or
that fails to adequately mitigate increased traffic impacts.
•
Any road improvements that a development proposal is required to make, shall be assessed
on a pro rata basis considering the traffic to be generated by the development in relation to
•
the design capacity of the finished road. (Prior code § 3-1107) (98-06, Amended,
•
02/ 11 / 1998)
•
Response: All road construction associated with the proposed development will comply with County
•
plans and standards and will be completed in the required time period. The City ofAspen/Pitkin
County will pave the driveway associated with the development to assure that PM-10 generation is
minimized The applicant will submit a complete erosion and drainage control plan to assure that the
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 16
•
development will not have any negative impacts on the Roaring Fork River. While there will be some
traffic and noise generation associated with the proposed use, the development will incorporate
any necessary road upgrades up to the Service Center Road intersection. Traffic generation from
•
the proposed development will be negligible.
Subsection 3-110-080 Parking
A. Applicability: The parking standards in this section are applicable to all development, off-
street parking lots and areas.
B. Design Standards: All off-street parking spaces shall conform to the following standards:
1. Each space shall be eight and one-half (8-1/2) feet wide, eighteen (18) feet long, and if
.
covered seven (7) feet high;
•
2. Each space shall have vehicular access to a street or alley, and be located on the same lot
as the principal use, unless otherwise provided on an approved development plan.
3. Parking lots for businesses, commercial, or multi -family developments shall be suitably
•
screened and concealed from the arterial highways, major roads, or collector streets by
landforms and/or landscaping.
C. Quantity of Off -Street Parking: The minimum quantity of off-street parking spaces to be
•
provided for allowed land uses in each zone district is determined from the standards
identified in Figure 3-4. (Prior code § 3-1108)
•
•
Response: Parking provided for the proposed animal shelter project will comply with all design
•
standards and quantity requirements. The City of Aspen/Pitkin County will pave the parking area
associated with the development to assure that PM-10 generation is minimized. The facilitywill
provide 16 parking spaces for public use (including one handicap space).
Subsection 3-110-090 FIGURE 3-4
PARKING REQUIREMENTS
1. Single Family and Duplex Residence: For each residence, there shall be provided at least
two (2) off-street parking spaces.
2. Caretaker Dwelling: One (1) parking space is required for a caretaker dwelling unit.
3. Employee Dwelling: Two (2) parking spaces are required for an employee dwelling unit.
4. Mobile Homes: Two (2) parking spaces per mobile home must be provided either on the lot
or within the mobile home park.
5. Special Review Uses and Dwellings with More than Five (5) Bedrooms: Parking standard to
be determined by Special Review.
6. Multi -Family, including Lodges and Dormitories: One parking space per bedroom shall be
provided. A reduced standard may be permitted by Special Review. A Special Review
application to reduce the number of required parking spaces shall take into account
pedestrian access, availability of public and private mass transportation to the site,
commercial vehicle needs, historic and projected automobile use patterns to and from the
site and the expected occupancy rate of the building on a daily basis. Standards for these
uses shall be established during the land use review process pursuant to the standards in
this section, the Procedures in Section 4-50 and the Submission Contents in Section 5-50.
7. Non -Residential Space: One parking space per four hundred (400) square feet of
nonresidential space is required. A reduced standard may be permitted by Special Review.
A Special Review application to reduce the number of required parking spaces shall take
into account pedestrian access, availability of public and private mass transportation to the
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 17
site, commercial vehicle needs, historic and projected automobile use to and from the site
S
and the expected occupancy rate of the building on a daily basis. Standards for these uses
shall be established during the land use review process pursuant to the standards in this
section, the Procedures in Section 4-50 and the Submission Contents in Section 5-50.
.
8. PUD Zone District, AF-SKI Zone District: Parking requirements set by Special Review.
Response: Parking created by the proposed animal shelter project will comply with all design
• standards. The City of Aspen/Pitkin County will pave the parking area associated with the
• development to assure that PM-10 generation is minimized. The facility will provide 16 parking
spaces for public use (including one handicap space). Four parking spaces are provided for the
• two employee dwelling units per paragraph 3 above. The total non-residential space is 7606 sq.
• ft., which would generate a parking requirement of 19 spaces, per paragraph 7. However, based
on the area of the structure used for kennels and current usage patterns for the existing shelter, it is
believed that the 12 proposed parking spaces for the non-residential uses will be quite adequate.
3-110-100 Trails
The trail standards in this section are applicable to all trails.
•
A. Consistency with County Plans: All trail rights -of -way shall consider adopted County plans.
B. Design and Construction Standards: Trails shall be located, designed and constructed in
.
accordance with the standards in this Code, The Pitkin County Trails Plan (1991), and
other adopted plans or standards as applicable.
•
C. Completion of Trails Improvements: Required County trails improvements must be
completed within eighteen (18) months after issuance of a building permit for property.
(Ord. 98-06: prior code § 3-1109)
Response: No trails will be created with this proposed project.
.
3-110-110 Lighting
A. Applicability: The lighting standards in this section are applicable to all lighting in Pitkin
County and no lighting shall be installed or continued that violates the standards of this
section.
Response: Lighting provided and used by the proposed animal shelter will comply with all County
standards and regulations. Exterior lighting will be shielded to prevent light trespass.
3-110-120 Figure 3-5
LIGHTING STANDARDS
.
Maximum Heights & Intensities
Overhead Intensity
Feet Foot Candles
Public Parking Lots 12 -- 15 0 -- 0.5
i
Pedestrian Walkways and Driveways 4 0.1 -- 0.5
Vehicular Intersections 20 -- 25 0.5 -- 1.0
•
Response: All lighting installed and used by the proposed animal shelter will comply with all County
standards and regulations. The lighting for the parking lot consists of low -height bollard lights with
an intensity of less than 0.5f c. No lighting is proposed for vehicular intersections.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 18
3-110-130 Signs
A. Applicability: The sign standards in this Section are applicable to all signs and the
maintenance of signs. Refer to Section 4-40 for procedures to obtain a development
permit for signs requiring a permit, for all signs except local government jurisdictional
signs which shall be reviewed in a public hearing by the Board of County Commissioners.
Refer to Section 5-240 for submission contents.
B. General: Signs shall be prohibited unless permitted pursuant to Subsection 3- 110-130(C) or
3-110-130(D).
C. Signs Requiring a Permit: The following signs are permitted within all zone districts subject
to obtaining a development permit pursuant to the procedures in Section 4-40, except for
Local Government Jurisdictional Signs which shall be reviewed in a public hearing by the
Board of County Commissioners, and compliance with the design standards in Subsection
3-110.130(E).
1. Pennants, banners and posters advertising a special civic event;
2. Free-standing identification signs;
3. Projecting identification signs;
4. Wall identification signs;
5. Free-standing identification signs adjacent to the State Highway 82 right-of-way;
6. Directional signs;
7. Construction and agricultural product signs;
8. Local government jurisdictional signs (applicable to incorporated municipalities only)
E. Design Standards: This Section establishes the general design standards for all signs and
additional specific standards which apply to individual types of signs.
1. General Standards: All signs shall comply with the standards in this Section.
a. All signs shall comply with height and setback requirements established for the zone
district in which the sign is located.
b. All signs shall comply with the road setback requirements of Subsection 3-50-020
unless a variance is granted, except for directional signs approved by a
governmental entity.
c. Signs shall identify only interests conducted on the premises.
d. Lettering, including cutout letter signs, shall riot exceed twelve inches (12") in
height, except for the initial letter of each word which may be eighteen inches
(18") in height.
e. Signs shall be a minimum of eight feet (8') above grade when located adjacent to or
projecting over a pedestrian way.
f. In the case of business premises occupied by more than one business entity, the sign
area allowed is as if the building were occupied by a single business entity.
g. Moving, flashing, portable, unsafe, noise emitting and billboard signs are
prohibited.
h. Signs illuminated by high intensity, gas -filled lights or strings of lights are
prohibited.
i. Any light illuminating signs shall be indirect and arranged to reflect light away
from nearby properties and the vision of passing motorists.
j. The total wattage of all bulbs used for lighting the face of any sign shall not exceed
seventy-five (75) watts for incandescent bulbs and forty (40) watts for fluorescent
bulbs.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 19
k. All metallic surfaces shall be treated in order to reduce the effects of sunlight
reflection on nearby residential properties and/or the vision of passing motorists.
1. Signs shall be removed within thirty (30) days after premises have been vacated.
in. Local government jurisdictional signs (applicable to incorporated municipalities
only) may vary from these general design standards, subject to approval by the
Board of County Commissioners for general design standards and Board of
Adjustment variances where necessary for signs located in the road setback.
2. Flags, Pennants, Banners and Posters Advertising a Special Civic Event: In addition to
complying with the standards in Subsection 3-110-130(Exl), pennants, banners and
posters advertising a special civic event may be erected two (2) weeks prior to the event
and shall be removed within two (2) days after the termination of the event.
3. Free-standing Identification Signs: In addition to complying with the standards in
Subsection 3-110-130(E) (1), free-standing signs shall be larger than two (2) square feet in
area, but not exceed ten (10) square feet in area and twelve feet (12') in height.
4. Projecting Identification Signs: In addition to complying with the standards in
Subsection 3- 110-130(E) (1), projecting identification signs shall not:
a. Be higher than the eave line or parapet wall of the principal building;
b. Extend more than four feet (4') from the building wall except where a sign is part of
an approved canopy or awning; and
c. Exceed ten (10) square feet in area.
5. Wall Identification Signs: In addition to complying with the standards in Subsection 3-
110- 130(E)(1), wall identification signs shall not:
a. Be higher than the eave line or parapet wall of the principal building; and
b. Contain sign parts, including letters, projecting more than twelve inches (12") from
the building wall.
6. Identification Signs Adjacent to State Highway 82: In addition to complying with
standards in Subsection 3-110-130(E) (1), signs adjacent to State Highway 82:
a. May be used to identify an access road for a business or principal authorized use of
the premises where the sign is located;
b. May contain lettering on two (2) sides;
c. Shall not exceed six (6) square feet and a maximum height of eight feet (8') as
measured from the adjacent grade of State Highway 82; and
d. Shall be setback at least one -hundred feet (100') from the edge of the State
Highway 82 right-of-way.
7. Directional Signs: In addition to complying with the standards in Subsection 3-110-
130(E) (1), directional signs shall comply with the standards in this Section.
a. Directional signs shall be six inches (6") by thirty inches (30").
b. Directional signs are prohibited within a public right-of-way unless an applicant
receives approval for the sign from the governmental agency controlling the right-
of-way.
c. Directional sign standards may be varied by the Board of County Commissioners to
assist the public transportation system.
8. For Sale, Construction and Agricultural Product Signs: In addition to complying with
the standards in Subsection 3-110-130(E)(1), for sale, construction and agricultural
product signs shall:
a. Be free-standing or a wall sign;
b. Not exceed six (6) square feet in total size.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 20
c. Shall be limited to one sign per right-of-way on each property frontage.
i
9. For Rent Signs: For rent signs shall comply with Subsection 3-110-130(Ex8) except
signs shall not exceed three (3) square feet in total size.
10. Garage Sale or Pet Giveaway Signs: Garage sale or pet giveaway signs shall not
•
exceed two (2) square feet per face.
11. Local Government Jurisdictional Signs (applicable to incorporated municipalities
•
only): Local government jurisdictional signs are subject to the following specific design
•
standards:
•
a. Shall not exceed a maximum of seventy (70) square feet.
b. The applicant shall demonstrate that the design and size of the sign is reasonably
.
necessary to its purpose and the design will not pose any safety hazards.
.
c. Where the sign is proposed outside of the jurisdiction, the applicant shall make a
showing that the design and location of the sign will assist the public in locating
the jurisdiction.
•
d. The Board of County Commissioners may allow Local Government Jurisdictional
•
signs that vary from the general design standards of Subsection 3-110-130(E)(1),
including the size restrictions, subject to compliance with this Section.
e. A Board of Adjustment variance shall be obtained following Board of County
•
Commissioners approval for any sign erected within the road setback as set forth in
Subsection 3-50-020.
Response: A free standing identification sign at the entrance to the property is proposed, along with a
commemorative wall adjacent to the building. These signs will be designed and installed in a manner
to comply with all County standards and regulations. At this time it has not been determined that any
signage adjacent to Highway 82 will be required.
Land Use Code Standards
Aspen/Pitkin Animal Shelter, Page 21
AGREEMENT FOR JOINT DEVELOPMENT
AND OPERATION OF THE ASPEN/PITKIN COUNTY ANIMAL SHELTER
IN PITKIN COUNTY, COLORADO
between
PITKIN COUNTY, COLORADO
and
THE CITY OF ASPEN, COLORADO
and
ASPEN/PITKIN ANIMAL SHELTER CAPITAL CAMPAIGN,
a Colorado Not -For -Profit Corporation
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS
Section1.01 Definitions.....................................................................:...............................:01
Section 1.02 Use of Words and Phrases .............................................:...............................02
Section 1.03 Colorado Statutes .......................................... ................................................ 02
ARTICLE 2. PURPOSE, PROPOSED PROJECT AND MUTUAL
COOPERATION
Section 2.01 Purpose of Agreement ...................:.
Section 2.02 Proposed Project ......................................... :.................................................. 03 .
Section 2.03 Cooperation of the Parties...............................................................................03
Section 2.04 Formation of Advisory Board.........................................................................04
ARTICLE 3. REGULATORY PROCESS
Section 3.01 Land Use Regulations....................................................................................04
Section 3.02 Development Approvals and Permits.............................................................04
Section 3.03 Not a Site Specific Development Plan or Application...................................05
ARTICLE 4. PROJECT DEVELOPMENT
Section 4.01 Ownership of Project Site..............................................................................05
Section 4.02 Project Site.................................:..................................................................05
Section 4.03 Project Developer...........................................................................................05
Section 4.04 Project Schedule.............................................................................................05
ARTICLE 5. PROJECT FINANCING AND LAND CONTRIBUTION
Section 5.01 Overiew of Financing and Land Contribution...............................................06
Section 5.02 Estimated Construction Costs........................................................................06
Section 5.03 ASCC Fundraising.........................................................................................0.6
Section 5.04 City Donation of Land and Funds..................................................................08
Section 5.05 County Donation of Land; No County Financing..........................................08
ARTICLE 6. PROJECT CONSTRUCTION
Section 6.01 City is Project Manager.................................................................................08
Section 6.02 Architectural Plans.........................................................................................09
Section 6.03 ASCC and County Required Approvals........................................................09
Section 6.04 County Not in Privy ..................................................
ARTICLE 7 ANIMAL SHELTER OPERATION
Section 7.01 General Operations .............................. .......I.......09
............................................
Section 7.02 Operation Costs.................................................................09
.............................
Section 7.03 No Fees for City or County Animals.............................................................09
Section 7.04 Cooperation ....................................................................................:.
Section 7.05 Operational Policies........................................................................................10
ARTICLE 8. INDEMNIFICATION
Section 8.01 Indemnification by the City ................................................ 10
..............
Section 8.02 Indemnification by the County ................................:. ......... . ....10
......................
Section 8.03 Limitation of Indemnification................................................. 11
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER
Section 9.01 Representations and Warranties.....................................................................11
Section9.02 Covenants.......................................................................................................13
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY AND COUNTY
Section 10.01 Representations and Warranties....................................................................14
Section10.02 Covenants......................................................................................................15
ARTICLE 11. CONDITIONS PRECEDENT
Section 11.01 ASCC to Raise Funds Equal to 90% of the Estimate Construction Costs ...... 16
Section 11.02 Land Use Approvals..................................................................................... .16
Section 11.03 Responsibilities of the Parties for Conditions Precedent...............................16
ARTICLE 12. DEFAULT; TERMINATION
Section 12.01 Default by ASCC............................................ 16
..........................................
Section 12.02 Default by the City or County .................... ..................16
.................................
Section 12.03 Obligations, Rights and Remedies Cumulative............................................19
Section 12.04 Non -Action or Failure to Observe Provisions of this Agreement.................19
Section12.05 Termination...................................................................................................19
ARTICLE 13. ARBITRATION
Section 13.01
Agreement to Arbitrate..................................................................................20
Section 13.02
Appointment of Arbitrators .....................................
Section 13.03
General Procedures........................................................................................21
Section 13.04
Majority Rule ..........................
Section 13.05
Replacement of Arbitrator.............................................................................21
Section 13.06
Decision of Arbitrators..................................................................................22
Section 13.07
Expense of Arbitration...................................................................................22
Section 13.08
Accelerated Arbitration..................................................................................22
Section13.09
Applicable Law..............................................................................................23
Section 13.10
Arbitration Proceedings and Records
............................................................23
ARTICLE 14. MISCELLANEOUS
Section14.01
Assignments..................................................................................................23
Section 14.02
Successors and Assigns.................................................................................24
Section14.03
Notices..........................................................................................................24
Section 14.04
Applicable Law and Construction................................................................25
Section 14.05
Venue; Submission to Jurisdiction.................................................:.............25
Section 14.06
Complete Agreement; Amendments.............................................................26
Section14.07
Captions........................................................................................................26
Section14.08
Holidays........................................................................................................26
Section14.09
Exhibits.........................................................................................................26
Section 14.10
Not an Agent of City .....................
Section14.11
Public Purpose..............................................................................................27
Section 14.12
No General Obligation..................................................................................27
Section 14.13
Technical Amendments; Survey Corrections...............................................27
Section 14.14
Effective Date...............................................................................:...............27
Section 14.15
Approvals Not Unreasonably Withheld........................................................27
EXHIBITS
ProjectSite Map.................................................................................................................................Exhibit A
ProjectSchedule .................................................. .......................
Facilities, Portions of Facilities, and Fixtures List.....
Guidelines............................................................
..............................................Exhibit B
.............................................Exhibit C
..........................................................................Exhibit D
This Agreement for Joint Development and Operation of the Aspen/Pitkin County
Animal Shelter in Pitkin County, Colorado (the "Agreement") is made as of this day of
, 2001, by and between PITKIN COUNTY, COLORADO, a home rule county and
political subdivision of the State of Colorado (the "County'), THE CITY OF ASPEN,
COLORADO, a municipal corporation and political subdivision of the State of Colorado (the
"City"), and Aspen/Pitkin Animal Shelter Capital Campaign, a Colorado not —for -profit
corporation ("ASCC').
WITNESSETH:
WHEREAS, the City and County have embarked on a public partnership to develop and
operate a new animal shelter/boarding facility (the "Animal Shelter") on a parcel of land
contributed by the City and County located in the jurisdiction of Pitkin County; and
WHEREAS, ASCC is organized as an IRS Code 501(c)(3) tax exempt organization and
is incorporated in the State of Colorado as a not -for -profit corporation, its purpose being private
fund raising to pay for the majority of the design and construction of the Animal Shelter; and
WHEREAS, at a duly called public meeting on , the Board of County
Commissioners approved this Agreement, and authorized and directed its execution by the
appropriate officials of the County; and
WHEREAS, at a duly called public meeting on , the City Council
approved this Agreement, and authorized and directed its execution by the appropriate officials
of the City; and
WHEREAS, the Board of Directors. of ASCC has approved this Agreement and has
authorized its President to execute this Agreement on its behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings
except as herein otherwise expressly provided:
1. "Agreement" means this Agreement for Joint Development and Operation of the
Aspen/Pitkin County Animal Shelter in Pitkin County, Colorado including any Exhibits
and any amendments thereto.
2. "Animal Shelter" means the new animal shelter/boarding facility.
Page 1
3. "Board of County Commissioners" means the governing body of the County.
4. "City" means the City of Aspen, Colorado, a Colorado municipal corporation.
5. "City Council' means the governing body of the City.
6. "Developer" means, for the purpose of this Agreement, the City.
7. "Effective Date" means the date of approval and execution of this Agreement as
provided in Section 18.18.
8. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached hereto and designated as exhibits to,
and incorporated in and made a part of, this Agreement.
9. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for constriction of the
Project, or any part thereof, to commence, continue or be completed.
10. "Project" means, collectively, the concept of development proposed by ASCC as
described in Sundesigns Architects' schematic plan.
11. "Project Site" means the land area generally located as shown on the survey provided by
the City which is more particularly described on Exhibit "A" (see Section 4.02).
1.02.. Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the
context shall otherwise indicate, the singular shall include the plural as well as the
singular number, and the word "person" shall include corporations and associations,
including public bodies, as well as natural persons. "Herein," "hereby," "hereunder,"
"hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement
and not solely to the particular portion thereof in which any such word is used.
1.03. Colorado Statutes. All references herein to the Colorado Statutes are to the 2001
Colorado Revised Statutes, as amended from time to time.
Page 2
ARTICLE 2. PURPOSE AND PROPOSED PROJECT.
2.01. - Purpose of Agreement. The purpose of this Agreement is to set forth the obligations,
rights and remedies of the County, City and ASCC with respect to the development and
ongoing operation of the Animal Shelter, all in accordance with and in furtherance of the
public health, safety and welfare, and as authorized by and in accordance with the
provisions of the Colorado Statutes.
2.02. Proposed Project.
a. Project Description. The project is the proposed development of an Animal
Shelter adjacent to the Pitkin County Public Works Campus. The Animal Shelter
is proposed as an approximately 10,000 square foot facility with animal shelter
and boarding facilities and veterinarian clinic, and two associated employee
housing units on the second floor of the facility. The housed employees shall
preferably be animal shelter employees. In the event that the housing units are not
occupied by animal shelter employees, preference shall be given to City and
County employees that live with animals. In any event, the housing units shall be
occupied by persons who live with animals. As more specifically set forth herein,
the City and County have each agreed to donate the land necessary for the Animal
Shelter, and the City has agreed to fund $500,000.00 toward the project. ASCC is
responsible for raising funds for the remainder of the cost of the Animal Shelter.
b. Project Benefits and Public Interest. The proposed Project, specifically including
the donation of land by the City and County and the design, constriction,
completion and operation of the Animal Shelter, and each part thereof, is hereby
found by the parties hereto: (1) to be consistent with and in furtherance of all
applicable master plans; (2) to conform to the provisions of Colorado law; (3) to
be in the best interests of the citizens of the City and County; (4) to further the
purposes and objectives of the City and County; and (6) to further the public
interest and purpose of providing care, shelter and control of animals within the
City and County.
2.03. Cooperation of the Parties. The City, County and ASCC recognize that the successful
development of the Project and each component thereof is dependent upon continued
cooperation of the City, County and ASCC, and each agrees that it shall act in a
reasonable manner hereunder, provide the other party with complete and updated
information trom time to time, with respect to the conditions such party is responsible for
satisfying hereunder and make its good faith reasonable efforts to ensure that such
cooperation is continuous, the purposes of this Agreement are carried out to the full
extent contemplated hereby and the Project is designed, constricted, completed and
operated as provided herein.
Page 3
2.04. Formation of Advisory Board. The City/County will appoint an advisory board that
will be made up of members of the animal welfare community and the community at
large. The details of the advisory board and its duties will be finalized before the Animal
Shelter is ready for occupancy.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Use Regulations.
a. Zoning. The Project Site is designated as Public in the Pitkin County Land Use
Code and Zoning Map.
b. Required Land Use Approvals. Prior to the commencement of construction of the
Animal Shelter, land use approvals shall be obtained from the County. These
approvals likely will include a number of different reviews, including but not
limited to: 1041 environmental hazard review; special review; scenic overlay
review; growth management allotments or exemptions review; and subdivision or
subdivision exemption review. Additionally, fair share requirements and/or
development exactions may be required.
3.02 Development Approvals and Permits.
a. Applications for Development Approval. The City shall prepare and submit to the
appropriate governmental authorities, including the County, applications for all
necessary Permits for the Project, and shall bear all costs of preparing such
applications, applying for and obtaining such permits, including payment of any
and all applicable regulatory and impact fees or charges. The County will consider
waiver of road fees and will not charge any land use fees. A traffic generation
analysis shall be included in any land use application. The City and County as the
owners of the land on which the Animal Shelter is to be constructed must consent
to all land use applications.
b. Waiver of Development Application Fees. The County shall not charge ASCC
any County/County Community Development Department planning fees
associated with the Animal Shelter.
C. City and County Cooperation and Assistance. The City and County shall
cooperate in obtaining all necessary Permits required for the construction,
completion and opening for business of the Project.
Page 4
d. City and County Authority Preserved. The City and County's duties, obligations,
or responsibilities under any section of this Agreement, specifically including, but
not limited to, this Section 3.02, shall not affect the City or County's right, duty,
obligation, authority and power to act in its governmental or regulatory capacity
in accordance with applicable laws, ordinances, codes or other building
regulations. Notwithstanding any other provision of this Agreement, any required
permitting, licensing or other regulatory approvals by the County shall be subject
to the established procedures and requirements of the County with respect to
review and permitting of a project of a similar or comparable nature, size and
scope. In no event shall the County, due to any provision of this Agreement, be
obligated to take any action concerning regulatory approvals except through its
established processes and in accordance with applicable provisions of law.
3.03. Not a Site Specific Development Plan or Application. The City, County and ASCC
hereby acknowledge, agree and represent that this Agreement is not intended to be and
should not be construed or deemed to be a "site specific development plan" or an
"application" within the meaning of those terms in C.R.S., § 24-68-101, et seq., and this
Agreement shall not confer any vested rights either in common law or pursuant to the
Colorado Statutes.
ARTICLE 4. PROJECT DEVELOPMENT.
4.01. Ownership of Project Site. The City and County shall be the joint owners of the Project
Site. ASCC agrees that it will not claim any title, equitable or otherwise, in any personal
or real property, associated with the Animal Shelter, or any other related facilities.
4.02. Project Site. The Project Site consists of two properties donated by the City and County
adjacent to the Pitkin County Public Works Site, as more particularly described in Exhibit
A.
4.03. Project Developer. The City shall be the Project developer, and as set forth in Article 6,
shall be responsible for all construction management, including but not limited to:
contracting with architects and contractors to construct the Animal Shelter; supervision
of the construction of the Animal Shelter; and payment of all invoices related to the
construction of the Animal Shelter, subject to the Project Financing provisions set forth in
Article 5. The County shall have no obligations with respect to the construction of the
Animal Shelter.
4.04. Project Schedule. The City Council has directed its staff to begin the process for
designing and building the Animal Shelter. To date, the City has hired Sundesigns
Architects to design the Animal Shelter. The City's current project schedule for the
completion of the Animal Shelter is contained in Exhibit B. The schedule may change
Page 5
with time, but the exhibit does represent the City's current best estimate of the project
schedule.
ARTICLE 5. PROJECT FINANCING AND LAND CONTRIBUTIONS.
5.01. Overview of Financing and Land Contribution. The Project shall be financed
primarily through private donations garnered through ASCC's fundraising efforts. The
City has committed to contribute a sum not to exceed $500,000.00 for the design and
construction of the project. The City shall also commit to proceed with the construction
of the Project by seeking bids upon ASCC's ability to raise ninety percent (90%) of the.
estimated cost of the Project (not including the City's $500,000.00 contribution). The
City and County have agreed to donate the land necessary for the construction of the
Project.
5.02. Estimated Construction Costs. The City shall prepare an estimate of construction costs
for the Project, which shall be the basis for the fundraising obligations of ASCC as set
forth in paragraph 5.03 and the City's commitment of funds as set forth in paragraph
5.04.
5.03. ASCC Fundraising. ASCC shall be primarily responsible for raising funds sufficient for
the construction of the Project. In connection with its fundraising obligations, ASCC
agrees:
a. ASCC to Raise 90% of Estimated Construction Costs. ASCC agrees to attempt to
raise 90% of the estimated construction costs for the Project. The raising of 90%
of the estimated construction costs shall be a condition precedent to the City's
commitment to proceeding to a bid for constcution and ultimate construction of
the Animal Shelter.
b. Definition of "Raise." The term "raise" as used in section 5.03(a) shall mean
funds that are immediately available for use by the City, evidenced by a bank
account containing the appropriate sums, legally binding and irrevocable pledges
from donors which are immediately accessible, or a combination of such
documentation. The City, through its City Attorney, shall have sole discretion in
determining whether sufficient funds have been "raised" as contemplated by
section 5.03(a) and as otherwise referenced in this Agreement. The City agrees to
notify the County of its determination of whether sufficient funds have been
raised within five (5) days of such determination.
C. Naming Rights. The City and County agree that ASCC may choose to offer
naming rights for certain amenities or fixtures within the Animal Shelter as an
Page 6
inducement to potential donors. The City and County commit to honoring such
naming rights provided that the following procedures are followed:
1) The facility or fixture is listed in the appended document as Exhibit
C that lists certain facilities, portions of facilities, and fixtures that the
City and County have pre -approved for sale for naming rights.
2) The City and County are given an opportunity to approve the
name chosen for the facility or fixture to ensure good taste and
compatibility with the overall design of all the contemplated facilities;
provided, however, that the City and County shall not unreasonably
withhold their approval of the names chosen by individual donors.
3) The City and County approve in writing any portion of a facility or
fixture that is not listed in Exhibit C for which an offer has been made by a
potential donor. The City and County shall have the right to approve the
portion of the facility or fixture proposed to be named by a potential
donor, the name chosen, and the actual sign design chosen to be placed on,
or near, the portion of the facility or fixture chosen to be named.
4) All signs selected to be placed on, or near a facility, portion of a
facility or fixture shall be pre -approved by the City and County and shall
be in compliance with all sign regulations of Pitkin County. The City and
County shall not unreasonably withhold their approval in this regard, but
shall determine the appropriateness of the design and text of a particular
sign in the context of good taste and the overall design of the Animal
Shelter.
d. Miscellaneous Funds. ASCC may choose to accept donations from the public that
are not specifically associated with the Animal Shelter, but may have some
tangential relationship to the overall design and operation of the Animal Shelter.
In the event that ASCC receives such donations, the City and County agree to
establish separate funds for such donations and agree to expend such funds for the
specific purpose for which they are donated; provided, however, that the City and
County have an opportunity to review and accept such donations for their
intended purpose, and the amount of the donation shall not be included in the
funds referred to in section 5.03(a).
e. Monthly Reports. ASCC agrees to provide the City and the County with quarterly
reports detailing the total amount of contributions along with copies of the
minutes from all meetings held by the Board of Directors of ASCC.
Page 7
5.04. City Donation of Land and Funds. The City Council has authorized the donation of
land and funds for the Project as follows:
a. City Land Donation. The City agrees to donate .09 acres of land for the Project
Site located adjacent to the Pitkin County Public Works Campus. Such donation
of land shall be made within thirty (30) days of confirmation that ASCC has
raised the funds specified in section 5.03(a).
b. City Donation of Funds. The City has authorized the expenditure of up to
$500,000.00 in connection with the construction of the Project, provided that
ASCC raises at least 90% of the estimated construction costs for the Project as set
forth in section 5.03(a).
5.05. County Donation of Land; No County Financing.
a. County Land Donation. The County agrees to donate the major site for
the Project Site, .92 acres, located adjacent to the Pitkin County Public
Works Campus. The donation of land by the County shall be for the
express purpose of providing land for the construction and operation of the
Animal Shelter, and shall reserve the right of the County to construct deed
restricted affordable housing on site. The County's right to construct
Animal Shelter shall not confer any obligations on the City or ASCC.
This housing shall not be considered mitigation for the employees
generated by the Animal Shelter. The donation of land shall be made
within thirty (30) days of confirmation that ASCC has raised the funds
specified in section 5.03(a).
b. No County Funding. Other than the contribution of land set forth in
section 5.05(a) and the continuing operating obligations set forth in Article
VII, the County shall have no financial obligations with respect to the
construction of the Project, either pursuant to this Agreement or due to any
unanticipated shortfalls.
ARTICLE 6. PROJECT CONSTRUCTION.
6.01. City is Project Manager. The City shall be the project manager for the construction of
the Animal Shelter. The City shall be responsible for all construction management,
including but not limited to: contracting with architects and contractors to construct the
Animal Shelter; the preparation of construction documents; supervision of the
construction of the Animal Shelter; and payment of all invoices related to the
construction of the Animal Shelter. The County shall have no obligations with respect to
the construction of the Project.
REVISED Development Agreement Page 8
DRAFT dated 11/27/01
6.02. Architectural Plans. The City shall engage the architect to complete all associated work
necessary to complete design work for the Animal Shelter and supervise the work of the
architect; provided, however, that the City may use funds donated by ASCC to pay for
any additional architectural fees associated with the Animal Shelter over and above the
$500,000.00 committed by the City as set forth in section 5.04. Any additional costs for
architectural work shall be included and identified in any bid that is accepted by the City
in accordance with section 6.03. The City and County commit to working cooperatively
with ASCC and its potential donors to finalize the design for the Animal Shelter.
6.03. ASCC and County Required Approvals. ASCC and the County shall have the right to
review and approve the architectural plans, land use application, construction documents
and construction bids for the Animal Shelter. The City agrees not to accept any
construction bids, including bids for architectural services, for the Animal Shelter unless
ASCC and the County have first approved such bids.
6.04. County Not in Privity. The County shall not be deemed to be in privity of contract with
any contractor or provider of services with respect to the construction of any part of the
Project.
ARTICLE 7. ANIMAL SHELTER OPERATION.
7.01. General Operations. The Animal Shelter, shall be jointly operated by the City and
County. It is the intention of the City and County to cover the general operating expenses
of the Animal Shelter by leasing the facilities to a qualified person(s) or business(es).
7.02. Operation Costs. To the extent that the operational costs of the Animal Shelter exceed
the revenues generated by any lessees, the City and County shall equally contribute to
pay for those costs; provided, however, that the County shall not be obligated to
contribute more than $10,000 for any fiscal year. The County will budget $10,000
annually and establish a sinking fund to pay these operational costs. Funds not expended
in any fiscal year will be accumulated for eventual capital replacement items. The
County agrees to contribute limited snowplowing of the facility as long as it is providing
its own plowing for the Public Works Facility. If the County stops plowing, it will
become a joint obligation of the City and County as set forth and limited in this article.
7.03. No Fees for City or County Animals. The Animal Shelter, through the City, County or
their lessee, shall not charge the City or County any fees of any kind for animals that the
City or County deposit in the Animal Shelter.
Page 9
7.04. Cooperation. The City and County, their agents or lessees that will operate the Animal
Shelter, agree to consult with ASCC (or any other support group, which may include an
advisory board) on a continuing basis, in all matters relating to the operation of the
Animal Shelter, including: the formulation and implementation of operating guidelines,
policies and procedures, personnel hiring and performance review system, annual
operating budget, appropriate reviews, capital improvements and maintenance program
for the facility. The City and County further agree to cooperate with ASCC to finalize a
procedural manual for the operation of the Animal Shelter.
7.05. . Operational Policies. The City, County and ASCC agree that the Animal Shelter will
operate as a no -kill animal shelter in perpetuity in accordance with the guidelines
contained in Exhibit D, that all animals will be neutered and vaccinated before adoption,
that all regulations of the American Humane Society will be respected, that the advisory
board described in section 2.04 will have the right to inspect the premises and records
when necessary and, above all, that the welfare of the animals will always be paramount.
ARTICLE 8. INDEMNIFICATION.
8.01. Indemnification by the City.
a. To the extent permitted by law, the City agrees to indemnify, defend and hold
harmless, ASCC and the County, their respective agents, officers; officials, or
employees from any and all liabilities, damages, penalties, judgments, claims,
demands, costs, losses, expenses or attorneys' fees through appellate proceedings,
for personal injury, bodily injury, death or property damage arising out of, or by
reason of, any act or omission of the City, its respective agents or employees
arising out of, in connection with or by reason of, the performance of any and all
services covered by this Agreement, or which are alleged to have arisen out of, in
connection with or by reason of, the performance of any and all services covered
by this Agreement, or which are alleged to have arisen out of, in connection with,
or by reason of, the performance of such services.
b. The City shall indemnify, defend and hold harmless ASCC and the County, their
respective agents, officers, officials, or employees from any and all liabilities,
damages, costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering fees) arising
from or attributable to any breach by the City, as the case may be, of any
representations or warranties contained in Section 10.01, or covenants contained
in Section 10.02.
8.02. Indemnification by the County.
Page 10
a. To the extent permitted by law, the County agrees to indemnify, defend and hold
harmless, ASCC and the City, their respective agents, officers, officials, or
employees from any and all liabilities, damages, penalties, judgments, claims,
demands, costs, losses, expenses or attorneys' fees through appellate proceedings,
for personal injury, bodily injury, death or property damage arising out of, or by
reason of, any act or omission of the County, its respective agents or employees
arising out of, in connection with or by reason of, the performance of any and all
services covered by this Agreement, or which are alleged to have arisen out of, in
connection with or by reason of, the performance of any and all services covered
by this Agreement, or which are alleged to have arisen out of, in connection with,
or by reason of, the performance of such services.
b. The County shall indemnify, defend and hold harmless ASCC and the City, their
respective agents, officers, officials, or employees from any and all liabilities,
damages, costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering fees) arising
from or attributable to any breach by the County, as the case may be, of any
representations or warranties contained in Section 10.01, or covenants contained
in Section 10.02.
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained
herein, with respect to the indemnification obligations, the following shall apply:
a. the indemnifying party shall not be responsible for damages that could have been,
but were not, mitigated by the indemnified party;
b. the indemnifying party shall not be responsible for that portion of any damages
caused by the negligent or willful acts or omissions of the indemnified party; and
C. there shall be no obligation to indemnify hereunder in the event that the
indemnified party (1) shall have effected a settlement of any claim without the
prior written consent of the indemnifying party, or (2) shall not have subrogated
the indemnifying party to the indemnified party's rights against any third party by
an assignment to the indemnifying party of any cause or action against such third
p arty.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF ASCC.
9.01. Representations and Warranties. ASCC represents and warrants to the City and
County that each of the following statements is currently true and accurate and agrees the
City and County may rely upon each of the following statements:
Page 11
a. ASCC promises and warrants that it will not make any representations or
promises to any donors, or any person or entity, which are not authorized by this
Agreement. b'
1.,,., been r ea
b. ASCC is organized as an IRS Code 501(c)(3) tax exempt organization and is
incorporated in the State of Colorado as a not -for -profit corporation. ASCC agrees
to maintain such status until the Animal Shelter is completed. ASCC is duly
organized and validly existing under the laws of the State of Colorado, has all
requisite power and authority to carry on its business as now conducted, to own or
hold its properties and to enter into and perform its obligations hereunder and
under each document or instrument contemplated by this Agreement to which it is
or will be a party, is qualified to do business in the State of Colorado, and has
consented to service of process upon a designated agent for service of process in
the State of Colorado.
C. This Agreement and, to the extent such documents presently exist in a form
accepted by the City, County and ASCC, each document contemplated or required
by this Agreement to which ASCC is or will be a party have been duly authorized
by all necessary action on the part of, and have been or on the date of this
Agreement will be duly executed and delivered by ASCC, and neither the
execution and delivery thereof, nor compliance with the terms and provisions
thereof or hereof: (i) requires the approval and consent of any other party, except
such as have been duly obtained or as are specifically noted herein, (ii)
contravenes any existing law, judgment, governmental rule, regulation or order
applicable to or binding on ASCC, (iii) contravenes or results in any breach of,
default under or, other than as contemplated by this Agreement, results in the
creation of any lien or encumbrance upon any property of ASCC under any
indenture, mortgage, deed of trust, bank loan or credit agreement, ASCC's
Articles of Incorporation, or, any other agreement or instrument to which ASCC
is a party or by which ASCC may be bound.
d. This Agreement and, to the extent such documents presently exist in a form
accepted by the City, County and ASCC, each document contemplated or required
by this Agreement to which ASCC is or will be a party constitutes, or when
entered into will constitute, a legal, valid and binding obligation of ASCC
enforceable against ASCC in accordance with the terms thereof, except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and
subject to usual equitable principles in the event that equitable remedies are
involved.
Page 12
e. There are no pending or, to the knowledge of ASCC, threatened actions or
proceedings before any court or administrative agency against ASCC, or against
any controlling, officer, employee or agent of ASCC, which question the validity
of this Agreement or any document contemplated hereunder, or which are likely
in any case, or in the aggregate, to materially adversely affect the consummation
of the transactions contemplated hereunder or the financial condition of ASCC.
f ASCC has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by ASCC, and has paid, or caused
to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against ASCC.
g. All financial information and other documentation, including that pertaining to the
Project or ASCC, delivered by ASCC to the City and County was, on the date of
delivery thereof, true and correct.
h. The principal place of business and principal offices of ASCC are in Pitkin
County, Colorado, and ASCC will keep records concerning the Project (such as
construction contracts, financing documents and corporate documents) and all
contracts, licenses and similar rights relating thereto at an office in Pitkin County.
9.02. Covenants. ASCC covenants with the City and County that:
a. ASCC shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of ASCC to perform.
b_. During each year that this Agreement and the obligations of ASCC under this
Agreement shall be in effect, ASCC shall cause to be executed and to continue to
be in effect those instruments, documents, certificates, permits, licenses and
approvals, and shall cause to occur those events contemplated by this Agreement
that are applicable to, and that are the responsibility of ASCC.
C. ASCC shall assist and cooperate with the City and County to accomplish the
development of the Project in accordance with this Agreement, and will not
violate any laws, ordinances, rules, regulations, orders, contracts or agreements
that are or will be applicable thereto.
d. ASCC shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any
tax required thereby.
e. ASCC shall maintain its existence, will not dissolve or substantially dissolve all
of its assets and will not consolidate with or merge into another corporation,
Page 13
limited partnership, or other entity or permit one or more other -corporations or
other entity to consolidate with or merge into it without the prior approval of the
City and County. ASCC will promptly notify the City and County of any changes
to the existence or form of the corporation or any change in officers or directors of
ASCC.
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
CITY AND COUNTY.
10.01. Representations and Warranties. The City and County represents and warrants to
ASCC that each of the following statements is currently true .and accurate and agrees that
ASCC may rely on each of the following statements:
a. The City and County are respectively validly existing municipal and home rule
governments of the State of Colorado, and both have all requisite corporate power
and authority to carry on their business ' as now conducted and to perform their
obligations hereunder and under each document or instrument contemplated by
this Agreement to which they are or will be a party.
b. This Agreement and, to the extent such documents presently exist in form
accepted by the City, the County and ASCC, each document contemplated or
required by this Agreement to which the City and the County are or will be a
party have been duly authorized by all necessary action on the part of, and have
been or will be duly executed and delivered by the City and the County, and
neither the execution and delivery thereof, nor compliance with the terms and
provisions thereof or hereof (i) requires the approval and 'consent of any other
party, except such as have been duly obtained or as are specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule, regulation or
order applicable to or binding on the City or County, (Ili) contravenes or results in
any breach of, or default under or, other than as contemplated by this Agreement,
results in the creation of any lien or encumbrance upon any property of the City or
County under any indenture, mortgage, deed of trust, bank loan or credit
agreement, applicable ordinances, resolutions or, on the date of this Agreement,
any other agreement or instrument to which the City or County is a party,
specifically including any covenants of any bonds, notes, or other forms of
indebtedness of the City or County.
C. This Agreement and, to the extent such documents presently exist in a form
accepted by the City, the County and ASCC, each document contemplated or
required by this Agreement to which the City or County is or will be a party
constitute, or when entered into will constitute, legal, valid and binding
REVISED Development Agreement Page 14
DRAFT dated 11/27/01
obligations of the City or County enforceable against the City or County in
accordance with the terms thereof, except as such enforceability may be limited
by public policy or applicable bankruptcy, insolvency or similar laws from time to
time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
d. There are no pending or threatened actions or proceedings before any court or
administrative agency against the City or County, or against any officer of the
City or County, which question the validity of this Agreement or any document
contemplated hereunder, or which are likely in any case, or in the aggregate, to
materially adversely affect the consummation of the transactions contemplated
hereunder or the financial condition of the City or County.
10.02. Covenants. The City and County covenant with ASCC and each other that:
a. The City and County shall timely perform, or cause to be performed all of the
obligations contained herein which are the responsibility of the City or County to
perform.
b. During each year that this Agreement and the obligations of the City and/or
County under this Agreement shall be in effect, the City and/or County shall
cause to be executed and to continue to be in effect those instruments, documents,
certificates, permits, licenses and approvals, and shall cause to occur those events
contemplated by this Agreement that are applicable to and are the responsibility of
the City and/or County.
C. The City and/or County shall assist and cooperate with ASCC to accomplish the
development of the Project in accordance with this Agreement, will carry out its
duties and responsibilities contemplated by this Agreement, and will not violate
any laws, ordinances, rules, regulations, orders, contracts, or agreements that are
or will be applicable thereto, and, to the extent permitted by law, the City and/or
County will not enact or adopt or urge or encourage the adoption of any
ordinances, resolutions, rules, regulations or orders or approve or enter into any
contracts or agreements, including issuing any bonds, notes, or other forms of
indebtedness, that will result in any provision of this Agreement to be in violation
thereof.
ARTICLE 11. CONDITIONS PRECEDENT.
Page 15
11.01. ASCC to Raise Funds Equal to 90% of the Estimate Construction Costs. The
obligations of the City and County set forth in this Agreement are subject to the
fulfillment of ASCC's agreement to attempt to raise at least 90% of the estimated
construction costs of the Project as set forth in section 5.02.
11.02. Land Use Approvals. The obligations set forth in sections 3.01 and 3.02 are subject to
the issuance of all necessary development approvals.
11.03. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
individually or collectively, knowingly, intentionally or negligently prevent any condition
precedent from occurring; provided, however, nothing in this Section is intended or shall
be deemed to deny any party the right to reasonably exercise its discretion to the extent
permitted by law or this Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Default by ASCC.
a. Provided the City or County is not then in default under section 12.02, there shall
be an "event of default" by ASCC under this Agreement upon the occurrence of
any one or more of the following:
ASCC shall fail to perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor, after
receipt of a notice from the City or County pursuant to section 14.03.
2. ASCC shall make a general assignment for the benefit of its creditors, or
shall admit in writing its inability to pay its debts as they become due or
shall file a petition in bankruptcy, or shall be adjudicated a banknipt or
insolvent, or shall file a petition seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under
any present or future statute, law or regulation or shall file an answer
admitting, or shall fail reasonably to contest, the material allegations of a
petition filed against it in any such proceeding, or shall seek or consent to
or acquiesce in the appointment of any tnistee, receiver or liquidator of
ASCC or any material part of such entity's properties; or
3. Within sixty (60) days after the commencement of any proceeding by or
against ASCC seeking any reorganization, arrangement, composition,
1-1
readjustment, liquidation, dissolution or similar relief tinder any present or
future statute, law or regulation, such proceeding shall not have been
dismissed or otherwise terminated, or if, within sixty (60) days after the
Page 16
appointment without the consent or acquiescence of ASCC of any trustee,
receiver or liquidator of any of such entities or of any material part of any
of such entity's properties, such appointment shall not have been vacated.
b. 1. If an event of default by ASCC described in subsection (a) above shall
occur, the City or County shall provide written notice thereof to ASCC,
and, if such event of default shall not be cured by ASCC within thirty (30)
days after receipt of the written notice from the City or County specifying
in reasonable detail the event of default by ASCC, or if such event of
default is of such nature that it cannot be completely cured within such
time period, then if ASCC shall not have commenced to cure such default
within such thirty (30) day period and shall not diligently prosecute such
cure to completion within such reasonable longer period of time as may be
necessary (provided, however, if ASCC is proceeding diligently and in
good faith, the curative period shall be extended for a period of not
exceeding six (6) months without any approval or consent of the City or
County being required, but such approval will be required if the curative
period is to be extended beyond six (6) months).
2. Any attempt by the City or County to pursue any of the above referenced
remedies will not be deemed an exclusive election of remedy or waiver of
the City's or County's right to pursue any other remedy to which either
may be entitled.
3. Any time periods or deadlines provided in this Agreement shall be tolled
or extended by the amount of time to cure any event of default hereunder
if such event affects ASCC's or the City's or County's ability to perform
by such deadline or the expiration of such period.
12.02. Default by the City or County.
a. Provided ASCC is not then in default under section 12.01, there shall be
an "event of default" by the City or County under this Agreement upon the
occurrence of one or more of the following:
1. The City or County shall fail to perform or comply with any material
provision of this Agreement applicable to it; provided, however, that
suspension of or delay in performance by the City or County during any
period in which ASCC is in default of this Agreement as provided in
section 12.01 hereof will not constitute an event of default by the City or
County under this subsection 12.02(a).
Page 17
2. The City or County shall make a general assignment for the benefit of its
creditors, or shall admit in writing its inability to pay its debts as they
become due or shall file a petition in bankruptcy, or shall be adjudicated a
bankrupt or insolvent, or shall file a petition seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution or similar
relief under any present or future statute, law or regulation or shall file an
answer admitting, or shall fail reasonably to contest, the material
allegations of a petition filed against it in any such proceeding, or shall
seek or consent to or acquiesce in the appointment of any trustee, receiver
or liquidator of the City or County or any material part of such entity's
properties; or
3. Within sixty (60) days after the commencement of any proceeding by or
against the City or County. seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under
any present or future statute, law or regulation, such proceeding shall not
have been dismissed or otherwise terminated, or if, within sixty (60) days
after the appointment without the consent or acquiescence of the City or
County of any trustee, receiver or liquidator of any of such entities or of
any material part of any of such entity's properties, such appointment shall
not have been vacated;
b. 1. If an event of default by the City or County described in subsection
12.02(a) shall occur, ASCC shall provide written notice thereof to the City
and County, and, after expiration of the curative period described in
paragraph (2) below, may terminate this Agreement, institute an action to
compel specific performance of the terms hereof by the City or County or
pursue any and all legal or equitable remedies to which ASCC is entitled,
provided however that monetary damages shall be specifically excluded as
a remedy.
2. ASCC may not terminate this Agreement or institute an action described
in paragraph (1) above if the City or County cures such event of default
within thirty (30) days after receipt by the City or County of written notice
from ASCC specifying in reasonable detail the event of default by the City
or County, or if any such event of default is of such nature that it cannot be
completely cured within such period, then within such reasonably longer
period of time as may be necessary to cure such default, provided
however, if the City or County is proceeding diligently and in good faith,
the curative period shall be extended for a period of not exceeding six (6)
months without any approval or consent of ASCC being required, but such
approval will be required if the curative period is to be extended beyond
Page 18
six (6) months after the notice of default has been given by ASCC to the
City or County if the City or County has commenced to cure such default
within such thirty (30) day period and is diligently prosecuting such
curative action to completion. The City or County shall within said thirty
(30) day period or such longer period promptly, diligently and in good
faith proceed to cure such event of default after receipt of the notice from
ASCC and shall succeed in curing such event of default within said period
of time, provided, however, if the City or County shall fail to cure such
event of default within said thirty (30) day or longer period or ceases to
proceed diligently to timely cure such event of default, then ASCC may
proceed with its available remedies without providing any additional
notice to the City and County.
3. Any attempt by ASCC to pursue any of the remedies referred to in
paragraphs (1) and (2) above will not be deemed an exclusive election of
remedy or waiver of ASCC's right to pursue any other remedy to which it
might be entitled.
4. Any time periods or deadlines provided in this Agreement shall be tolled
or extended by the amount of time to cure any event of default hereunder
if such event affects ASCC's, the City's or County's ability to perform by
such deadline or the expiration of such period.
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the.City, the County or ASCC
are entitled under this Agreement are not exclusive and are intended to be in addition to
any other remedies or means of redress to which the City, the County or ASCC may
lawfully be entitled and are not specifically prohibited by this Agreement.
12.04. Non -Action on Failure to Observe Provisions of this Agreement. The failure of the
City, the County or ASCC to promptly or continually insist upon strict performance of
any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or
any other agreement, instrument or document of whatever form or nature contemplated
hereby shall not be deemed a waiver of any right or remedy that the City, the County or
ASCC may have, and shall not be deemed a waiver of a subsequent default or
nonperformance of such term, covenant, condition or provision.
12.05. Termination.
a. This Agreement shall terminate upon the completion of the Animal Shelter.
Page 19
b. This Agreement may be terminated upon an event of default as set forth in
sections 12.01 and 12.02.
ARTICLE 13. ARBITRATION
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if
any judicial or administrative action or proceeding has not been commenced with regard
to the same matter and, if so, the party hereto commencing such action has not dismissed
it, any. disagreement or dispute between the parties may be arbitrated in the manner set
forth in this Article 13. All parties hereby agree such arbitration, once commenced, shall
be the exclusive procedure for resolving such disagreement or dispute and agree to be
bound by the result of any such arbitration proceeding unless all parties mutually agree to
terminate such proceeding prior to decision. If any arbitration proceeding under this part
adversely affects the performance of any party hereunder, then any time periods provided
herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
a. 1. Unless accelerated arbitration as provided in Section 13 hereof is invoked,
any party invoking arbitration herewith shall, within five (5) days after
giving notice of impasse in the dispute resolution process or upon
following the expiration of the time period for such dispute resolution
occurrence of the event permitting arbitration to be invoked, give written
notice to that effect to the other parties, and shall in such notice appoint a
disinterested person who is on the list of qualified arbitrators maintained
by the American Arbitration Association or a disinterested person not on
such list to whom an objection is not made by any other party hereto
within five (5) days of receipt of the notice of such appointment as the
arbitrator or, if more than one (1) arbitrator is to be appointed, as one of
the arbitrators.
2. Within ten (10) days after receipt of the notice described in paragraph (1),
the other parties shall by written notice to the original party acknowledge
that arbitration has been invoked as permitted by this Agreement, and shall
either accept and approve the appointment of such individual set forth in
the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
Page 20
b. 1. If two (2) arbitrators are appointed pursuant to subsection (a) above, the
arbitrators thus appointed shall appoint a third disinterested person who is
on the list of qualified arbitrators maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter.
2. If the second arbitrator shall not have been appointed as provided in
subsection (a), the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter.
3. If the two (2) arbitrators appointed by the parties pursuant to subsection (a)
shall be unable to agree within fifteen (15) days after the appointment of
the second arbitrator upon the appointment of a third arbitrator, they shall
give written notice of such failure to agree to the parties, and, if the parties
then fail to agree upon the selection of such third arbitrator within fifteen
(15) days thereafter, then within ten (10) days thereafter each of the parties
upon written notice to the other parties hereto may request the
appointment of a third arbitrator by the office in or for the State of
Colorado (or if more than one office, the office located closest to the City)
of the American Arbitration Association (or any successor organization
thereto), or, in its absence, refusal, failure or inability to act, request such
appointment of such arbitrator by the Pitkin County District Court. .
13.03. General Procedures. In any arbitration proceeding under this part, those parties
appointing arbitrators shall each be fully entitled to present evidence and argument to the
sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only
interpret and apply the terms of this Agreement and may not change any such terms, or
deprive any party to this Agreement of any right or remedy expressed or implied in this
Agreement, or award any damages or other compensation to any party hereto. The
arbitration proceedings shall follow the rules and procedures of the American Arbitration
Association (or any successor organization thereto) unless specifically modified by this
Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is
used, shall be conclusive upon the parties and judgment upon the same may be entered in
any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give
written notice to the parties stating his or their determination within thirty (30) days after
the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any
arbitrator to serve as such, promptly upon such determination being made by the affected
Page 21
arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if
applicable) and to the parties hereto, and then a new arbitrator shall be promptly
appointed as a replacement, which appointment shall be made by the party or the
arbitrators who appointed the affected arbitrator in the same manner as provided for in the
original appointment of the affected arbitrator in Section 14.02 hereof.
13.06. Decision of Arbitrators.
a. If any decision reached by arbitration as provided in this part requires
performance by ASCC, ASCC covenants and agrees to comply with any decision
of the arbitrator(s) promptly after the date of receipt by ASCC of such decision,
and to continue such performance to completion with due diligence and in good
faith.
b. If any such decision requires performance by the City or the County, the City and
County covenant and agree to comply promptly with any decision reached by
arbitrators) promptly after the date of receipt by the City and/or County of such
decision, and to continue such performance to completion with due diligence and
in good faith.
C. Nothing in this part, nor in any arbitration decision rendered under this part, shall
be construed to require any payment by any party not otherwise provided for
herein.
13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this
part shall be borne equally by the parties to such proceeding, provided, however, for the
purpose of this section 13.07, "expenses" shall include the fees and expenses of the
arbitrators and the American Arbitration Association with respect to such proceeding, but
shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys
or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding,
which in the absence of such Agreement shall be the responsibility of the party incurring
such fees or costs.
13.08. Accelerated Arbitration.
a. 1. If any of the parties to any arbitration proceeding under this part
determines the matter for arbitration should be decided on an expedited
basis, then after an initial election to invoke arbitration pursuant to section
13.02 hereof has been made, either party to such proceeding may invoke
accelerated arbitration by giving notice thereof to the other parties no later
than three (3) days after arbitration has been initially invoked and the other
parties do not object within three (3) days thereafter.
Page 22
2. Accelerated arbitration, for purposes of this section 13.08, shall be
accomplished by either party notifying the American Arbitration
Association (or any successor organization thereto) that the parties have
agreed to a single arbitrator, qualified to decide the matter for arbitration,
to be appointed by the American Arbitration Association (or any successor
organization thereto) with the consent of the parties to such proceeding
within three (3) days after receipt of the request and to decide such matter
within five (5) days after such appointment.
3. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in paragraph
(2) is received by the American Arbitration Association, the accelerated
proceeding under this section 13.08 shall terminate and the procedures
otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
b. All parties hereby agree to use such accelerated procedure only when reasonably
necessary, to not contest the appointment of the arbitrator or his or her decision
except as may be permitted by law, and that all other provisions of this part,
except as are in conflict with this section 13.08, remain in effect and applicable to
an accelerated arbitration proceeding.
13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration
proceeding under this article shall be governed by the Colorado Arbitration Code, Section
13-22-201 C.R.S.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall
be considered a meeting subject to Section 24-6-402 of the Colorado Statutes, and shall
be open to any member of the public. Unless otherwise rendered confidential pursuant to
or by the operation of any.applicable law or order (other than an order by a sole arbitrator
or panel of arbitrators acting under this part), the record of such proceedings shall be a
public record under Section 24-6-402 C.R.S.
ARTICLE 14. MISCELLANEOUS
14.01. Assignments.
a. By ASCC.
1. ASCC may sell, convey, assign or otherwise dispose of any or all of its
right, title, interest and obligations in and to the Project, or any part
Page 23
thereof, only with the prior written consent of the City and County, to
another party provided that such party (hereinafter referred to as the
"assignee") shall be bound by the terms of this Agreement the same as
ASCC is subject to such sale, conveyance, assignment or other
disposition.
2. If the assignee of ASCC's right, title, interest and obligations in and to the
Project, or any part thereof assumes all of ASCC's obligations hereunder
for the Project, or that part subject to such sale, conveyance, assignment or
other disposition, then ASCC shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City and
County agree to execute an instrument evidencing such release, which
shall be in recordable form.
b. City and County's Right to Assign Rights. ASCC agrees that the City and
County shall have the unqualified right to assign its rights under this Agreement
only to each other , subject only to applicable laws in regard to the disposition of
an interest in real property.
14.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit
of the City and the County, and its successors and assigns, and ASCC, and its successors
and assigns, except as may otherwise be specifically provided herein.
14.03. Notices.
a. All notices, demands, requests for approvals or other communications given by
either party to another shall .be in writing, and shall be sent by registered or
certified mail, postage prepaid, return receipt requested or by courier service, or
by hand delivery to the office for each party indicated below and addressed as
follows:
To ASCC:
PO Box 985
Aspen, CO 81612
with copies to:
Al Dietsch
To the City:
Steve Barwick
City Manager
130 S Galena Street
Aspen, CO 81611
with copies to:
John Worcester
To the County:
Hilary Smith
County Manager
530 E Main Street
Aspen, CO 81611
with copies to:
John Ely
Page 24
PO Box 128 City Attorney County Atty
Woody Creek, CO 81656 130 S Galena Street 530 E Main Street
Aspen, CO 81611 Aspen, CO 81611
b. Notices given by courier service or by hand delivery shall be effective upon
delivery and notices given by mail shall be effective on the third (3rd) business
day after mailing. Refusal by any person to accept delivery of any notice
delivered to the office at the address indicated above (or as it may be changed)
shall be deemed to have been an effective delivery as provided in this section 14.
The addresses to which notices are to be sent may be changed from time to time
by written notice delivered to the other parties and such notices shall be effective
upon receipt. Until notice of change of address is received as to any particular
party hereto, all other parties may rely upon the last address given.
14.04. Applicable Law and Construction. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by the City, County and ASCC, and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the City, the
County or ASCC, but by all equally.
14.05. Venue; Submission to Jurisdiction.
a. For purposes of any suit action, or other proceeding arising out of or relating to
this Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof is Pitkin County, Colorado.
b. Each party to this Agreement hereby submits to the jurisdiction of the State of
Colorado, Pitkin County and the courts thereof, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action
is brought in an inconvenient forum or that the venue of such action is improper
or that the subject matter thereof may not be enforced in or by such courts.
C. If at any time during the term of this Agreement ASCC is not a resident of the
State of Colorado or has no office, employee, officer, agent thereof available for
service of process as a resident of the State of Colorado, or if any permitted
assignee thereof shall be a foreign cprporation, partnership or other entity or shall
have no officer, employee, agent available for service of process in the State of
Colorado, ASCC hereby designates the Secretary of State, State of Colorado, its
Page 25
agent for the service of process in any court action between it and the City and the
County, or both, arising out of or relating to this Agreement and such service shall
be made as provided by the laws of the State of Colorado for service upon a non-
resident; provided, however, that at the time of service on the Colorado Secretary
of State, a copy of such service shall be delivered to ASCC at the address for
notices as provided in section 14.03.
14.0.6. Complete Agreement; Amendments.
a. This Agreement, and all the terms and provisions contained herein, including
without limitation the Exhibits hereto, constitute the full and complete agreement
between the parties hereto to the date hereof, and supersedes and controls over
any and all prior agreements, understandings, representations, correspondence and
statements, whether written or oral.
b. Any provision of this Agreement shall be read and applied in Cara materia with all
other provisions hereof.
C. This Agreement cannot be changed or revised except by written amendment
signed by all parties hereto.
14.07. Captions. The article and section headings and captions of this Agreement and the table
of contents preceding this Agreement are for convenience and reference only and in no
way define, limit, describe the scope or intent of this Agreement or any part thereof, or in
any way affect this Agreement or construe any article, section, subsection, paragraph or
provision hereof.
14.08. Holidays. It is hereby agreed and declared that whenever a notice or performance under
the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal
holiday observed in the City or County, it shall be postponed to the next following
business day.
14.09. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of
this Agreement. The Exhibits and any amendments or revisions thereto, even if not
physically attached hereto shall be treated as if they are part of this Agreement.
14.10. Not an Agent of City. During the term of this Agreement, ASCC shall not be an agent
of the City or County with respect to any and all services to be performed by ASCC (and
any of its agents, assigns, or successors) with respect to the Project.
Page 26
14.11. Public Purpose. The parties acknowledge and agree that this Agreement satisfies,
fulfills and is pursuant to and for a public purpose and municipal purpose and is in the
public interest, and is a proper exercise of the City and County's power and authority.
14.12. No General Obligation. In no event shall any obligation of the City or County under
this Agreement be or constitute a general obligation or indebtedness of the City or
County, a pledge of the ad valorem taxing power of the City or the County or a general
obligation or indebtedness of the City or the County, but shall be payable solely from
legally available revenues and funds. Neither ASCC nor any other party under or
beneficiary of this Agreement shall ever have the right to compel the exercise of the ad
valorem taxing power of the City or County, or any other governmental entity or taxation
in any form on any real or personal property to pay the City's or the County's obligations
or undertakings hereunder.
14.13. Technical Amendments; Survey Corrections. In the event that due to minor
inaccuracies contained herein or any Exhibit attached hereto or any other agreement
contemplated hereby, or due to changes resulting from technical matters arising during
the term of this Agreement, the parties agree that amendments to this Agreement required
due to such inaccuracies, unforeseen events or circumstances which do not change the
substance of this Agreement may be made and incorporated herein. The City Manager
and County Manager are authorized to approve such technical amendments on behalf of
the City and County, respectively, and are authorized to execute any required
instruments, to make and incorporate such amendment to this Agreement or any Exhibit
attached hereto or any other agreement contemplated hereby.
14.14. Effective Date. Upon execution of this Agreement (and such of the Exhibits as are
contemplated to be executed simultaneously with this Agreement) by the authorized
officers of the City and County and by authorized representatives of ASCC following
approval hereof by the City and County and the Board of Directors of ASCC, this
Agreement (and any executed Exhibits) shall then be in full force and effect in
accordance with its terms and the date of such execution shall be the Effective Date.
14.15. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all
approvals, consents, and reviews will be undertaken and completed as expeditiously as
possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless
otherwise expressly authorized by the terms of this Agreement.
Page 27
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective
seals affixed as of this /.2 day of 2001.
THE CITY OF ASPEN, COLORADO
By:. �% .i �.�� / '
City Clerk
Approved as to form and correctness:
E�Ppppw -, zol�
Mi.
"
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this __J�a+f Dp4Q,6j,
2by j<Ajtiy1 :jj� p—lo c,;.A{ and U,&,di;�E�u Mayor and City Clerk,
respectively, for the City of Aspen, Colorado, on behalf of the City.
Signature of Notary Public
6s 0ai
C
LO
TrOFG
Atte
By:
By:
My Commissions Expires:
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY
Y
Chair, Board of County Commissioners
Page 28
e as to for. and correc
Esquire
Co ey
STATE OF COLORADO
COUNTY OF PITKIN
The rferegoin i ment was
2by a
Comm sione an County C erk, respec
County.
Attest:
By: ?0,4j
Secretary
STATE OF COLORADO
COUNTY OF PITKIN
day of
County
f of the
My Commissions
ASPEN/PITKIN ANIMAL SHELTER
CAPITAL CA N
By: C. V`
President Seth chso
The foregoing instrument was acknowledged before me this / 2 -171 day of
2 G2--n- by <! and 13C,r�yr//� yjl j , President and Secretary,
respectively, of Aspen/Pitkin Animal Shelter Capital Campaign, a Colorado corporation, on
behalf of Aspen/Pitkin Animal Shelter Capital Campaign.
By:
- 4� Z-Z�
Signature o N Pub is
My Co. Emissions Expires:
PAY COMW40N EXPMS
MAY 24, 2M
Page 29
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Exhibit A to Agreement for the Joint
Development and Operation of the Aspen/
Pitkin County Animal Shelter
in Pitkin County, Colorado
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Exhibit B to Agreement for Joint Development
and Operation of the Aspen/Pitkin County Animal Shelter
in Pitkin County, Colorado
Based upon preliminary plans for the new animal shelter, the following project completion
schedule is currently projected:
1. Construction will begin in the Spring of 2002 and will take twelve months to complete. In
the event construction does not begin at such time, construction costs may increase and time of
completion will be extended beyond the estimated twelve-month period.
2. A more precise estimate of the project schedule will be prepared after complete plans and
specifications are available and the project has been bid.
Exhibit C to Agreement for Joint Development
and Operation of the Aspen/Pitkin County Animal Shelter
in Pitkin County, Colorado
The following facilities, portions of facilities and fixtures that the City and County have
approved for naming rights, and the amounts currently projected to be raised by the naming of
such facilities and fixtures, are as follows:
Facility/Fixture Amount
Building
$1,000,000
Dog Dormitory Area
500,000
Cat Condominiums Area
250,000
Welcoming Area
250,000
Road
-250,000
Administration Area
100,000
Dog Atrium
100,000
Dog Yard 1
100,000
Cat Atrium
100,000
Education Room
100,000
Mezzanine
75,000
Care/Feeding/Kitchen Area
50,000
Dog Protection Area
50,000
Cat Protection Area
50,000
Visiting Room
50,000
Dog Yard 2
50,000
Dog Yard 3
50,000
Dog Yard 4
25,000
Canine Care & Cleanup Area
10,000
Dog Kennels (each)
5,000
Cat Kennels (each)
5,000
Dog Protection Kennels (each)
2,500
Cat Protection Kennels (each)
2,500
Outside Benches (each)
2,500
Memorial Wall Plaques (each)
500
Outside Bricks in Walks (each)
250
Exhibit D to Agreement for Joint Development
and Operation of the Aspen/Pitkin County Animal Shelter
in Pitkin County, Colorado
The Animal Shelter shall operate as a "no -kill' facility, providing sanctuary for homeless dogs,
cats and other domestic animals found within Aspen and Pitkin County until owners can be
found. No animal in the Animal Shelter will be destroyed except for the following:
1. An animal has been determined by a licensed veterinarian to suffer an incurable or
painful disease, injury or condition, and the veterinarian recommends euthanasia.
2. In the opinion of the operator of the Animal Shelter, the animal poses a threat to persons
due to behavior that cannot be corrected by reasonable care and training.
3. The presence of the animal in the Animal Shelter creates an uninsurable liability to the
operator of the Animal Shelter.
4. An animal, in an unprovoked attack, has bitten a person and drawn blood.
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GRADING/DRAINAGE NU Il_-\�
'I
1. PROJECT ELEVATION REFERENCE 100'- ' AT TOP STEM WALL 7,6T33'
\'
2. INSTALL 6' PERFORATED FOUNDATION DRAIN!AT PERIME,TER,:DRA TOi DRYWELL.
3 INSTALL GUTTERS. DOWNSPOUTS, & AREA DRAINS AS NOTED: DR N DIRECTLY TO BLONG.
DRY WELL, DO NOT CONNECT TO PERIMIIER DRAIN. (TYP.)
4. GROUND SURFACE SHALI- BE SLOPED TO DRAIN AWAY EROM PH[ RUCrME IN All-
0 IRLCII"N S AT A SLUFF. OF At LEAST 1 11101 FOR IN[ FIRST 10 FCC[ AND 27..
[HEREAFTER. RUDE DOWNSPOUTS AND DRAINS SHALL: DISCHAR E WELL BEYOND
THE LIMITS OF ALL BACKFILL
5. SEE SHEET 7 FOR DECK DRAINAGE.
LEGEND
OLD CONTOUR
EXISTING CONTOUR
NEW CONTOUR
6" CONCRETE CURB
DRYWELL ACCESS
SEWER ACCESS
NDres
WATER ACCESS
1. All disturbed areas shalt be
2. This Plan contains Concept
by the Landscape Architect or
/
3. Plant INts re Fer to specific
calk, and the parknigrarea. slope
to be used in each a ea.
4. All planted and seeded areas
topsoil.
5. Exerclse yards shall be dral
6. Entry plaza planting areas
shall be permanently irrigated. a
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establish teed ... for l n temporarily
of Lly years.
Pw,"--by. Sl" Sbdbut,on, end Seeaerwip
Camps N— Botnca' Nam. - - -- -
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Had Vatrbn
Cubans- RuWr
seeded with the seed n,x indicated on the plant list
Grating. Actual Grading to be periodically overseen
the Architect.
areas of the pan, the terraces, the front entrance
stabili-tbn and screening, and contain plant types
shall receive 6' of
to drywells. (see Architectural Drawings)
no terraced planting areas surrountling ex cerclse yards
A n irrigation plan shall be provided at a toter date All
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400' North driving south on 82
200' North driving south on 82
l00' North driving south on 82
50' North driving south on 82
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FA
100' South driving North on 82
200'SOLItli drip inu North on 82
400' South driving North on 82
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SOUTH ELEVATION
1-2o-o
NORTH ELEVATION
q
Ed Sadler
City of Aspen
Asst. City Manager & Asset Manager
130 South Galena Street
Aspen, CO 81611
7 November 2003
Community Development
Pitkin County
130 South Galena Street
Aspen, CO 81611
To whom it may concern:
This letter is to certify that I, Ed Sadler, Asset Manager and Assistant City Manager for
the City of Aspen, give Stan Clauson Associates, LLC and its staff permission to
represent us in discussions with Pitkin County regarding the application for the
Aspen/Pitkin Animal Shelter, adjacent to the Pitkin County Public Works Department.
We have retained this firm to represent us in preparing the application for this project. If
you should have any questions regarding this matter, please contact me.
Their contact information is as follows:
Stan Clauson, AICP, ASLA
Stan Clauson Associates, LLC
200 E. Main St.
Aspen, CO 81611
Tel (970)925-2323
Fax(970)920-1628
Very Truly Yours,
Ed Sadler
City of Aspen Asset Manager
PITION COUNTY
PRE -APPLICATION CONFERENCE SUMMARY
DATE: July 9, 2003
PROJECT: Aspen Animal Shelter and Boarding Kennel Special Review
LOCATION: Adjacent to Public Works and Snow Dump
ZONE AFR-10
APPLICANT: City of Aspen
REPRESENTATIVE: Stan Clauson Tel: 925-2323, Fax: 920-1628
PLANNER: Ezra Louthis Tel: 920-5482
1. Type of Application: Special Review, GMQS Exemption, Scenic Review, Subdivision
Exemption, 1041 Hazard Review.
2. Description of Project/Development: Applicant proposes to go through Special Review, et al in
order to create a parcel for construction of a new facility for the Aspen Animal Shelter. The
project might require a new access road. The project might include affordable housing.
3. Areas in which the Applicant is requested to respond, types of reports:
• Section 3-60: Environmental and Aesthetic Standards (including Scenic Review)
• Section 3-70: Water Resources
• Section 3-110: Improvements and Services
• Section 3-80, 1041 Hazard Review
• Section 3-210, Special Review
• Section 3-150-110: GMQS Exemption for Dwelling Unit Restricted to Affordable Housing
Located Outside of the AH Zone
• Section 3-150-140: GMQS Exemption for Essential Community Facilities
• Section 3-190-050: Subdivision Exemption for parcels for Essential Community Facilities
• Section 5-50-20: Submission Requirements
4. Review is before: Board of County Commissioners
5. Public Hearing: Yes, at BOCC. The applicant shall post a public notice sign on the property at
least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral
estate owners at least 30 prior to the hearing with the return address of the Community
Development Department (copy of the notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County
as they appear no more than 60 days prior to the date of the public hearing.
6. Will be referred to: Zoning, County Engineer, Aspen Fire, Housing, RFTA, City Planning
7. What fees was the applicant requested to submit:
- Planning Office $3,760 Flat Fee (Special Review, Subdivision Exemption) (Non-
refundable, based on 17.9 hrs of staff time)
- Engineer $525 Flat Fee
- Public Notice Fee $25
- Clerk $625 Flat Fee
otal Fee due at Submittal $4,93
- If the staff time for this application exceeds 17.9 hrs, the Applicant will be changed at
$210 per hour beyond 17.9 hrs.
• Application is required to be submitted digitally (acceptable formats are: tX-L .doe, .wpd,
.rtf..jpeg, .per
8. To apply, submit six (10) copies of the following information, unless otherwise noted (please use
double -sided copies when possible):
• Letter of request addressing Code Sections listed above and describing the proposal;
• 24" X 36" (folded), or 11" x 17" Site Plan;
• Elevations, Landscape Plan (for Scenic Review);
• Proof of ownership including legal description (lcopy);
0 Previous Land Use Approvals;
• Letter from owner authorizing representative (1 copy);
• List of all adjacent property owners and mineral estate owners (1 copy);
• Total fee for review of the application;
• Copy of this pre -application form (1 copy);
PLEASE NOTE: This pre -application conference summary is advisory in nature and not binding on
the County. The information provided in this summary is based on current zoning standards and
staffs interpretations based upon representations of the applicant Additional information may be
required upon complete review of the application.